The daily union., 1852-01-11

--fUS
tioa Of our Unttnin which is involved oar prosnsr;,v
felicity saiety-perhaps our national existence This i'm
poant consideration seriously and deeply Impressed on
our minds, led each State in the convention 10 be lea.
ngd on points OF inferior magnitude than nigh, Nave
been otherwise expected and thus the Constitution When
present s The result Of spirit Of amy and thai
mutual deerenee and concession which the pecularty al
our politicai situation rendered Indispensable"
Mr Jefferson did not believe the States retained their
enhe sovereignty cannot find that he ever uses the
word N speaking Of Stale rights and is certaay to be
IN erTed from his writings that he thought il did not en-
s under our present constitution. but on the contrary
he speaks OF the general government as sacy on tke
citizens directly and forci6y" 0e,ier to Mr. Living.
General Jacksons opinions accorded with Genera,
Washngons, Mr. Jefferson's, and Mr. Madson's on this
principle Here is what he said about il in the proclama
ton OF the 10Th December 1882 and it applies 10 the
question OF secession as well as that Of State SOW
ereghty:
!. Men OF the best intentions and soundest views may
differ in their construction OF some parts of the constitu
ton; but there others which dispassonate reAec-
ton have doubt Of this nature appears 10 be the
assumed right OF secession"
At rests, as we have seen. the alleged undivided
sovereignty OF the States, and on their having formed
IN this sovereign capacity, compact which is called the
constitution, from which, because they made it. they have
the right to secede Both OF these positions are efrone-
ous and some Of the arguments to prove them have
been anticipated" s.E9
"The States severay have moi retained their entire
sovereignty"
II has been shown that, in becoming parts OF ma.
ton not members OF league, they surrendered many Of
w.
treaties declare war, levy taxes, exercise exclusive u
dcal and legislative powers, all of them functions
OF sovereign power The States, them for all these pur
poses. longer sovereign The allegiance OF their
citizens transferred in the first instance TO the gov
eminent OF the United States; they became American
citizens, and owed obedience TO the constitution of the
United States and TO laws made in conformity with the
powers II vested in Congress This last position has not
been, and cannot be, denied How, them can that State
be sad 70 be sovereign and independent whose Citizens
owe obedience TO laws not made by it, and whose magis-
trates are sworn TO disregard those laws when they
come in conflict with those passed by another What
shows concusvely that the States cannot be said TO have
reserved undivided sovereignty that they expressly
ceded the right topunish treason against their
separate power but treason against the United States
Treason IS an offence against sovereignty and sovereign
ty must reside with the power 10 punish it. But the
served rights OF the States not less sacred because
they have. for their common interest made the general
government the depository of those rights"
$50 obvious the reasons which forbid this
sion, that il IS only necessary 10 allude to them. The
Union was formed for the benefit OF ALL II was pro-
duced by mutual sacrifices OF interests and opinions
Can those sacrifices be Iecalledl Can the States who
magnanimously surrendered their title 10 the Territories
of the West recall the granta Will the inhabitants OF
the inland States agree pay all the duties that may be
imposed without their assent by those on the Atlantic or
t.s Ss State and onernas oa Sna ,aee Ss NE N
volve anotef IN evIIs contrary
10 the engagement solemny made. Every one must see
that the other Sales in self defence, must oppose At
hazards"
Bat the senator has discovered recognition of the
sovereignty OF the States in that provision OF the consti
tuition Telalng 10 mas, QuOatlO0,
erpolated words 10 help him out; but even that will
moi do II is precisely this provision, and others the
subject that induced General Jackson 10 conclude
that the States had retained their entire sovereignty
Project as reported, Madson papers, 37a-447 ct seq
The authority OF Mr.. Jefferson and General Jackson
relied TO sustain secessonwilh what justice may
be seen from what follows;
tIn his first Inaugural address, Mr. Jefferson sets down
among the vital principles OF our system, THE
WALTON Of m general ia ITS pAote eo~siitstioaai
abroad jealous Of the rights Of election by the ysos
safe corrective Of abuses cieh Topped ~ by s
ord Of epoution ,chee peacsabs remedies wnyovidsd;
acquiescenos in The dseons Of the majority s ritaf
grineipis Ol rtyaohc', from rhieh no appeal ta 70
potitm' ="
And that all Afterwards he told what his
opinions upon later occasion, when he had retired 10
private life In 1924, when this subject again, as In
l799 TO be bough, up before the Virginia legislature In
reference 10 the subject OF internal improvements, he
drew up project, or set of resolutions, which be
thought ought be adopted by the Virginia legislature
under the circumstances But did he profess secession
Not AT all But he proposed in letter TO Mr. Madison,
that they should wait patiently but protest against thus
violation OF the constitution by these resolutions, and then
postpone the question: and send these resolutions other
States, and rouse up the nation upon the subject as we
had done in l79s and 1899 lie never thought OF seces
sion How, them can he be quoted as authority for seces
sion
He further says:
"Whilst the general assembly thus declares the rights
retained by the Sates-rights which they have never
yielded, and which this State will never voluntarily yield
they DO not mean raise the banner OF dsaiecton OF
separation from their sister States, co-paes with them
selves to this compact. They know and value too
highly the blessings oil their Union, TO foreign nations
and questions arising among themselves 10 consider
every niracon 10 be met by actual resistance They
respect aeconsey the opinions OF those possessing
the rights under the instrument 10 make every
difference OF construction ground OF immediate rup-
ure. They would indeed, consider such rupture as
among the greatest calamites which could befa them,
but the greatest There is yet one greater snbms-
sion 10 a government OF unlimited powers. ~ "a only
when the hope OF avoiding this shall become absolutely
desperate that further orbearance could not be nduged
Should majority Of the copaTes, therefore, contrary TO
the expectation and hope OF this assembly, prefer at this
time acquescence in these assumptions OF power by the
federal member OF the government, we will be patient
and suffer much, under The confidence that time, ere II
be too late will prove 10 them also the bitter conse
quences in which that usurpaton will involve us all In
The meanwhile we will breast with them, rather than
separate from lhem every misfortune, that only OF
living under a government OF unlimited powers. We
owe every other sacrifice 10 ourselves, 10 federal
brethren, and TO the world at large TO pursue with tenn
per and perseverance the great experiment which shall
prove that is capable OF living IN society," governing
itself by laws efmposed and securing to IFS members
the enjoyment OF lie, liberty, property, and peace ana
further TO show that when the government oil It's
choice shall manifest tendency TO degeneracy, we are
not at once TO despair but that the will and the watch
funess OF lis sounde parts will reform its alterations
recall Il to original and legitimate principles and restrain
il within the rghliul limits OF seli-goveInment And
these are the objects OF this declaration and protest
will not refer 10 the authority oil Mr.. Madison Tor
II ia TOO wall known 10 need any such reference The
sanator from Alabama Mr. CLEMENS has already refer
/ red ia him and il would be useless for me TO do so.
Rnt / will cav that he equally disclamed that doc.