The New York herald., 1851-10-17
ford cOcr or countenance to the Of

cession.
The doctrine Of secession assumes that any one of tn.
thirtyon States composing the Union
ever situated, whether in the interior the frontier
has right upon It's own separate will snd according &c
Inc dictates OF its exclusive Judgment to wfthdra
nom the Union whenever resses; that this act Of
cesson Is peseeia and not to be cOntr0verted or OBJ
any force within the limits Of the seeding State to exc
cute the laws OF the United sate and that hereupou
snd datits to the United States and become power
ndsyerdsnt end sovereign as any Of the nations Of the
eartb. The doctrine maintains that this right of seces
zion ay be exercised whenever the State deems II
sufficeat cscfe; at all tnes-n a state of Pre- found
ssng in al our bSrder, and sha in the latsr
transforming itself into distinct and independent ns
tion may escape the calaities OF War akea separate
Treaty Of psce WITH the conn enemy become neutral
even ally itself with that enemy, and take up arm
against the Uritsd States 1t asserts this right although
ting upon surface ts territory of tbs United
States of petty Independent nations, establishing fo
known to nknd ana inserruptsg the and
violating or menacigtsc executes of the laws Of the
on i'msneeIsd eonfedracy 1t contends TO, this right
province OF Louisiana cost much money, and
nigh involving US in foign war; fcr Texas, although
millions of doAsrr to arrare is boundaries anc to
Sure it many we're wiling 70 risk w1 with EseiaDdi
Aad Tor distant California I,though th1t acquired
by tae dosIe title Of conqu,,t and the payment OF an
ample pecaniary consderaticn.
Il, indeed the Union unds- which we have so long
and orally happily lived be thus fragile and liable
TO crrmbe into pieces, must to boast of she
wisdom OF our fo-efathers who formed tte.r from
hearts the sentiments of gratitude and vene.ton wi
which they had inspred and longer exTe.t
ghtened world to bestow the unbeunded praise Is
has hitherto ayshed them
and ndeensibe. ersugkt with the destructiors the
Union and such other drt ful caaence no en-
couregemes support in the the United
States 1t had under the articles confede tien
which formed, In terms a perpetual Union, hoy-ver
otherwise weak and r cient the government which
they established. That ineficieLcy out Of the
fact that operated net the people directly But
upon the States which might and often did fail to
hp iona d. l,yN
TO correct that defect, aud to form a more perfcst
Union, the present copsti,uti adopted 1t had
been alleged that the Union Of the States under
articles Of confederation, held together only by
rope Ct sand but it was rope of adariant compared
with the cord which now binds the right of
sitn is sanctioned and sustained
The constitution Of the United States established
petual to have unlimited duration :, was not re-
strcted to the existing generation bat conprebended
ptst.ry The preamble declares that we the people
Of the United States, in order TO form perfect
Union establish justice domestic tranquility,
provide for the common defence promote the general
welfare and secure the blessings Of liberty to ourselves
and our Iostery do ordain and establish this consttu-
ton for the United States Of America 1t makes prov
sion expressly for the admission of States into
UDion but from the beginning to the end OF it. not a
clause Is TO be found which gives any authority color
TO the right Ct secession OF state once admitted into
The paitzsns of this novel and strange doctrine at
tempt to support it on two grounds Prst they nd
that, by an express amendment of the constitution
ell powers not granted to the Of the United
States ae reserved to the States to the people the
4
therefore retained by the States people may
be exercised at their pleasure.
1Es argument Is Tefuted by either Of two sufficient
The contested power cannot be retained IL
lts reeivaon be incompatible with the obligations Of
the constitutional compact But the const tuition was
int, nied to be perpetual which Is the thing
he 81 unlimited existence, subject only from time to
time 10 such amendments might be made In the ode
which IL specifies. Ii created a more perfect Union,
which TO the blessings Of liberty the gene
ration which formed it, and to their posterity. The
Obligation which State voluntarily assumed to the
other States by being admitted into the Union
1t would remain perrtualy bound with the other States
to preserve that Union for their own beaedt and TO
ure to the benefit Of postery To assert in the face
of that obligation that State may retire from the Union
solemn compact to other partes may cancel violate
the compact whenever 1t thinks proper without their
onsen In order TO secure respect and submission to
the Union the constitution expressly provides that this
constitution and the laws OF the United States which
shall be made in pursuance thereof and all treaties
made ot which shall be made under the authority OF the
United States shall be the supreme law Of the land
and the judges in every State shall be bound thereby
contrary notwithstanding"
lhus each and every Of the States has agreed
not only that its ordinary legislation, but that its
constitution, the higher law mads by the people
Themselves In convention, shall, in any OF
fict lie subordinate TO the paramount authority
OF he consttuos, laws made in pursuance thereof,
and treaties Of the United States. IT, therefore,
any State were, either in its Legislature, in q
most formal act that it had seeded from the Union
suth act would be pugatory and an absolute nullity;
and the people Of that ate would remain bound BY the
constitution laws, ard treaties Of the United States
fully and perfectly as If the act Lad never been pro
claimed.
Bnt there is another view also conclusive against the
prtenson CT recession being power reserved TO the
States under the ndment Of the constitution
f.Icdto The reservation Of power its existence
H. the rsrty reervirg IT, prior to such reservation But
~hCn State existed In its independent, separate nd un
associated character could kave had no right OF seoes
sion there being confcdcfacy other party fro which
TO fccede Secession II incident to union or conederacy
without which IL have sxesnce and unless IL Is
which IL springs, and still more, II IL ~ utter rrecon-
eisble with that compact, 1t have constitutional
j. gitimate four dation.
IT Il eontepded however in the second place that the
rEt Of secession sprertsns TO the States under and In
virtue their tovfegpty This argument scorns any
reliance uroD the r,ssivson Of powers in the constiu
ton cuts oose frcm all the obligations In that instru
mint, denes the power and authority Of the general
secession In the sovereignty Of the States. What that
sovereignty k IL Gees not deign TO define explain
TO show how Of Its attributes is to disregard and yio
Ie sovereignty Of the States prior to the adoption Of
the present constitution limited and qualified BY the
articles Of confederation They had sereed among them
selves TO create perpetual Unen When therefOe the
thirteen origps States psssed from under those articles
perfect union and agreed to further limitations upon
their sovereignty
Under the pIesen constitution among the limitations
and prohibitions upon the sovereignty Of the States Is
expressly provided, that State shall enter nto any
tr,siy alliance combination grant letters Of msrque
and reIrifsi oein mon,y, emit bills OF credit make snJ
thrg but gold and silver coin tender In payment Of
d,bs; ard State shall without the consent Of Con-
in time cf peace enter into any agreement or com
pact with another State with foreign power,
esg, in war unles setusy invaded or In such imminent
danger will admit Of delay Ii may be affirmed,
with entire truth that all the attributes OF sovereignty
which relate to peace and war commerce, navigation
friendship ard ntercourse with and in short all that
relate to foreign powers and several Of these attributes
which relate TO the internal Of the States
th, msclves Voluntarily surrendered to the general
and cannot be exercised by the States The
perform Of Of the forbidden acts would be null
and void matter In what solemn aud authentic FORM
h. hat gfafa TTr
uon the people themselves Of the stat in aggre-
gate mass, IL might be performed The constitution
the United States would instantly intervene vscate the
act and proclaim the overrulng supreme and
authority Of the constitution laws aud treaties Of the
| United States.
lis clear therefore that no State can do anything
ppgnsbt TO the corfttutt laws and treaties Of the
United States What II might do, II " were in posses
Htn of OIL It's absolute soveregnty, and had never enter
ID into this Cnion, IL different question. But II We
suIpos contrary to the historical fact that the States
were abfoluy sovereign when the existing constitution
tdopad could they Crcumecrbe and contract their