The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1852-02-17
piish the purposes foi which Il was created


themselves this right of secession; In other
words, that secession is not granted right
found in the Constitution. When, Mr.. Presi-
dent, has the doctrine obtained that the States
have to look into the Constitution to find ont
what rights and powers are granted to them
The States were originally sovereign. They
had all the powers OF sovereignty they made
the federal government, and conferred upon
that government all the powers which It has. 1t
is the most monstrous doctrine of federalism
have ever heard announced, that the States have
to look into the Constitution of the United
States TO find what powers are granted to them
in that instrument. Why, the Constitution it.
self says that the powers not granted to the
government of the United States, nor prohibited
to the States, are expressly reserved to the
States or the people respectively, showing that
the Constitution was grant Of powers TO the
federal government, and simply FrolibiHonin
some instances Of certain powers to the States.
The Constitution never makes grant OF power
to the States That would have been granting
things to themselves. Therefore, il is entirely
reasonable that this right of secession should
not he found in the Constitution as a granted
right TO the States, because there were no
granted rights to the States in the Constitution.
Nobody ever pretended III It this was constitu-
tonal right, meaning by that right expressly
granted in the Constitution. No man in his
senses ever took such a position as that.
But, sir, as the Constitution says that the
powers not granted to the federal government
nor prohibited TO the States, are reserved to the
States or the people respectively, then If this
power is not found to be rohbted in the Con-
stitution to the States. and if it was original
power of the States, it rem ns to them under
the reserved powers. That is the true position
in reference to this right
No one denies, as | have said before, that the
States were originally sovereign; that they were
declared separately sovereign and indepe ndent
by the treaty with Great Britain, and that before
they entered into the compact of union they were
sovereign. Then this right to resume sover
eighty is one of the reserved rights. 1t is a
right reserved under that clause of the Consti
tuition which says: "The powers not delegated
to the United States by the Constitution, nor
prohibited by it to the States, are reserved to
the States respectively, or to the PEOPLE"
This Is the only way in which it has ever been
commended that this right Of secession is con-
stitutional right; and in this sense it is as much
constitutional right as any other reserved right
| think that all the reserved rights of the States
are recognized by the Constitution in the same
way, and in this respect may be called constitu-
tional rights ] should like some gentleman to
point out where this right, if there ever was an
original right Of sovereignty in the States is pro-
hibited to the States in the Constitution. To
be properly understood, this right Of secession
must be considered in three points of view-as
an act, a right and remedy. Most persons are
led into error on this subject by confounding the
act Of secession with the right If secession. The
act is only the means by which the right is sc.
cured The right itself is the right of State
n, ,hanav NJ
State decides that the compact is broken or that
the acts of the federal government have become
too oppressive to be borne. The remedy is, the
relief which The State has from oppression, by
the exercise of this right.
Whether this remedy may, in all cases, be a
practicable one or mot, is another question. If
II il remedy, however, growing out of an actual
right which the State has, then it ought to be a
peaceable one; and it would be peaceable were
Il not that the federal government the party OPP
posing il, but, having no right to oppose it by
force, might, from motives of interest or power,
or for other purposes, proven. its peaceable ex'
ercise. AS, then, the remedy would rightfuly
be a peaceable one, so also is the right. In
strictness sir, in the exercise Of the right of Sc.
cession there would be really no act Of seces
sion, because the exercise of the right goes upon
the assumption that the federal government has
already destroyed the compact that the Consti-
tuition no longer exists in its binding form upon
the parties and that, therefore, there Is really
no act Of secession, by withdrawal on the part
of A State; but as some Of the other States
would doubtless still remain together, even If
usurpation were exercised by the federal govern
ment 10 an extent not TO be borne by others, 1t
would be regarded as the State performing the
act of secession by the exercise Of the right, in
L.. han
have said, whether il would be q peaceable
remedy or not would depend upon the federal
government, influenced by its interest 10 de-
termining whether II would compel State to
be subjected by force OF arms, because il bad
the power, but not the right, 10 do so.
Il has been contended that no such right ex.
lists, because under the articles Of confederation
Il was said the Union was 10 be perpetual, and
because in the preamble Of the Constitution IL
IL said the sbiect Is 10 form a more perfect
Union" IL IL a common tom in all treaties
made between one nation an another, 10 say
that they shall be peryetael aud there is nothing
in this But, sir, the main point 10 which wish
10 draw your attention, In connection with the
idea that this right cannot exist, for the reason
that Il is said that the object Of the Constitution
Il 20 create "a more perfect Union" and that that
Union il, therefore, 10 be perpetual" is, that
the Union was TO be a more perfect Union, and
perpetual Union for q certain purpose. And
what was that purposel II is laid down In the
preamble 10 the Constitution itself that IL was
TO be pore perfect Union, TO establish
Justice, 20 Insure domestic tranquility, 10 provide
for the common defence, 10 promote the general
welfare, and to secure the blessings Of liberty 10
ourselves and our posterity." So, cir. II the
Union in the beginning was 10 be perpetual
Union, IL was 10 be n more perfect Union for
these great purposes; and whenever i fails TO
accomplish these purposes, then the object for
which IL was declared more perfect Union has
ceased, and the reason why il was 10 be per-
petual, no longer exists. DO gentlemen moan to
say that this is 20 be perpetual and more perfect
Un,on," whether IL sueseryes The ends for which
Il was established or mott Do they mean to say
that this is 10 be perpetual and more perfect
Union In proportion as IL becomes Union OF
mora nover graspinp with n stronger and