The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-08-22

a
southern rights in Congress II contains every provision
that was demanded by the South; and l have yet to-
meet with the nfst who claims more ~ Tue hands OF
Congress this subject than ths pi grants congress
in IN abolition of this BILL has, IN my Judgment, exhibit
ed Willingness and determination fully 10 discharge the
obligation which the constitution imposes for the dev
cry of our fugitive slaves
| have now rapidly referred TO each Of the compro
mise measures, and you will that whilst in the Ian
guage OF the Georgia convention, do not wholly sp-
prove OF all these measures, yet see in them viola
lion of constitutional rights; is there. in my
opinion anything which fobids The part OF our peo
pie honorable acquescence in these measures Such
the decision OF the people OF the Stale last fall as
recorded by their delegates IN the convention OF last NO
vember III did not regard the settlement as lar and
honorable would not be found among the advocates OF
the Georgia platform. is not simply because Georgia
has decided the question that maintain her decision,
but because she has made wise, just and parlonc ae
cision If l thought that Georgia had made decision
which subjected her citizens TO terms OF Inequality ana
degradation would, as loyal citizen submit 10 her
WILL until could induce her, IT in my power, 10 abandon
Illuminating position; and such presume, is me
position OF every honorable within her limits 1t IS
therefore right and proper that the people should know
only who will submit to the decision oil the Slae bu
also who approves and will sustain that decision
Your first n,errogatory directs my attention to the
question of secession and you have put the issue upon
the right OF State to secede IRON the Union without
just cause AS this right is claimed by many as con-
sltutiona right, and by all OF those who advocate II IN
its modern acceptation consistent with constitutional
obligations, shall consider It al some length IN refer
ence 10 its constitutional bearings.
When asked to concede the right OF State 10 secede
at pleasure from the Union, with without Just cause
we are called upon admit that the trainers OF the con-
stitulion did that which done by any other
people possessed of their good sense and intelligence
that is 10 provide in the very organization OF the govern
meni for its own dissolution II seems to me that such
course would not only have been an anomalous pro-
ceeding but wholly inconsistent with the wisdom and
sound judgment which marked the deliberations OF those
wise and good who framed our federal government
Whilst freely admit that such opinion Is entertained
by many for whose judgment | entertain the highest
IL
tons of my judgment are well settled that no such
principle contemplated in the adoption OF our cons
luton II it the purpose of the trainers OF the con-
sulion subject the perpeiuity OF the Union to the WILL
and, indeed, may add the caprice OF each State, II is
most remarkable fact that principle OF SUCH vast in.
portance involving the very existence OF The republic,
should have been left open question: to be decided by
nieences and metaphysical deductions OF the most COM
d when ON Sm bs
mpre ssed with its wonderful adaptation to the wants and
interests of this growing people Not only does he
find wise and ]udcous provisions and guarantees lor
the of the country then existed but, with pro-
phetc WISDOM its trainers seem to have penetrated the
future accommodating the government 10 the necess-
ties and requirements OF its present increased population
extended resources not prepared to admit that
the who exhibited much care and foresight in
reference 10 all the various paris OF this complicated ma
chine would have lett to vague conjecture the existence
of the important and vital power claimed for each
State OF dssoving at pleasure the Union which had cost
them and their compao's SO much toll and labor, and
axey If they had intended 10 provide for the destruc
ton of that noble which they then erect
ing with all the and wisdom OF able statesmen and
devoted patriots, by such simple and obvious means as
the withdrawal OF any Siae from the coDfederacy, they
would have manifested their intention by some plain
and papable provision of the constitution. Such a
course would have been CHARACTERISTIC OF the hottest,
practical, and enlightened statesmen OF the convention.
Their failure to do carries the strongest CONVICTION 10
my mind that such prime pie recognised by them
In connection with This OF the subject, the inquiry
forces its.l upon minds. II each State reserved the
Tg TO withdraw al pleasure from the Union, why was
there much difficulty encountered by the friends OF The
constitution in obtaining its ratification by the different
Sa,esl There were few if any, who opposed 10
the formation OF the Union after The constitution had been
submitted to the States Tor ratification, provided they could
ingrait certain amendments upon IT. The policy OF adopt
ing the constitution, condition that these amendments
should be acceded to- urged with great earnesness
in The conventions and among the people OF several Of
The States but finally abandoned the ground that
would be conditional ratification, and Therefore mad
mssible. On this point must refer 10 the opinion ex-
pressed by Mr. Madison who has been called he father
of the constitution and to whose exposition OF that sa
cred instrument the republican party have been accus-
toned TO look with such implicit confidence. Mr.. Madl.
son says:
"My opinion is that reservation OF right TO with
draw, If amendments be decided under the form OF
the constitution within certain time, ia conditional
ratification that it does not make New York member OF
the Union and, consequently that she would not be
received on that plan Compacs mus, be reciprocal this
principle would not in such a case be preserved The
constitution requires an adoption IN toto and FOREVER"
II the right reserved 10 each State withdraw, it
would have been act OF supererogaton on the part Of
New York, any other State, declare, in advance
that she would withdraw secede ii the amendments
she proposed 10 the constitution not adopted IL the
right existed, II could be exercised well without
with the condition annexed 20 her ratification Of the
st,ution. and the assertion OF would have been
less int rpealion and nallliy Ii not regarded
however, at the time, by those who have been active
participants in the framing Of the constitution. Mr. Mad
ison considered the reservation OF right TO withdraw
from the Unisn "a condition that would vitae the
ratification" He says further in writing TO Mr.. Haml
ton this subject The idea Of reseruing rigt 10
puhdrdp started at Richmond, and considered
conditional ratification, which itself abandoned as
worse than a rejection"
II the opinion OF Mr. Madison, which have here
erred TO. be well founded, puts end to this con'ro
versy There be doubt about the fact that he did
no, recognise the right OF each State secede from the
Union al her pleasure In addition 10 the facts
which have Just considered there is strong illusira.
the constitution this subject in the action OF the
States OF North Carolina and Rhode Island These
States refused TO into the Union for time after
the ratification OF the constitution. They op-
posed to the formation OF the federal Union, but, like
some Of The other States, they unwilling adop,
the constitution then stood II il had been recog
Missed, undoubted principle that each State bound
convenience, doub.s that these States, instead OF
Withholding their to the constitution, after il had
been adopted by the requisite number, would have
ri into the Union, with the intention OF Immediately
Withdrawing from upon the refusal OF the other States
to adopt such amendments they desired but regard
ing the effect OF their ratification OF the constitution in
entirely different light from the secessionss OF the pres
day, they adopted quite different policy. So far
gather light and information from the opinions
and actions OF the men who framed and adopted The
sttution 1t all goes 10 strengthen and confirm the
adj he nj