The Oxford intelligencer., 1860-09-26
The Assumed Righ. of secession, p

seems 10 nave oeeh called forh Dy the IN
dignant comments of the Southern press
upon the recent offensive declarations of
Mr. Douglas, in which he has spoken Of CO.
ercing the Southern States into submission,
If, in the event of Lincoln's election, they
should see fit to withdraw from a UnioE ia
which they supposed they could no longer
preserve their honor or their rights Mr..
Douglas has assumed strong Federal ground;
and the kateiKgesser, which Is Federal in its
politics, very naturally sympathizes with
him, in view of the censure which he has
thus drawn. upon himself Ii was to have
been expected that Mr.. Douglas would be
found in his present position; for it was but
natural that the man who would pander to
the antislavery sentiment of the North, in
order to elevate himself TO the Presidency,
would proclaim to the North, that, being in
the majority, they have the right to control
the minority at their pleasure, and that any
attempt on the part of the minority, to OPP
pose the will of the majority, would be trea-
sonable.
The Inteiiigencer, in the article to which
we have referred, argues against the exist
cncc of the right of State to secede from
the Union, for any cause, or under any cir
cumstances; and, in support of its view, it
lays down four propositions, each of which
is discussed elaborateIy, and with the ability
which always distinguishes the editorials of
that Journal 1t is, however, only upon the
first of those propositions that we propose to
make few observations; for, if that be de-
cided to be unteHable, it necessarily results
that the other propositions must be aban-
doned. The first proposition is couchcd in
these terms:
"That ours is government of the Peo-
pile, and not alone Of the States"
The proposition, in itself, is rather vague !;
but, from the reasoning employed in its sup
port, We have no difficulty in recognizing its
meaning, which we suppose to be this That
the people of the United States, considered
as single nation or community, and not the
people Of the several States, considered as
so many distinct and sovereign nations, crc-
ated the general government; or, to vary the
expression, that the Constitution is an ordi-
nance, established by the people of the United
States, and not compact between the differ
ent States.
The argument first brought forward is de-
rived from the peculiar phrascology of the
preamble to the Constitution; and 1t is in
sisted that the expression, awe, the people
of the United States, do ordain and estab-
lish this Constitution" is conclusive upon
the question under consideration. The ar
gument is plausible. 1t has, in times past,
satisfied many honest inqurers after truth;
but, still, we think it can be readily disposed
by simple narration of historical facts.
The old Articles of Confederation purported,
upon their face, to have been adopted by the
authority of the people-not of the United
States, but-of the seUerat States, each of
which was separately named in the instru-
ment. The Convention. which framed the
Constitution, set out to follow the phrase
ology Of the Articles of Confederation. The
preamble, as it stood at first, read as follows:
awe. the people of the States of New
Hampshire, Massachusetts" etc. (naming
each of the thirteen States), "do ordain,
declare and establish the following Consti-
tuition"
Had this remained without change, it is
clear that the argument we are considering
could never have been urged. 1t becomes
important, therefore, TO ascertain why the cx-
preston, 1--WE, the people OF the United
States" was substituted for that which de-
noted that the people of the several States
had created the Constitution. The change
is readily accounted for, without imputing to
the members of the Convention the most
distant design of conveying, by the employ
ment Of the substituted phraseology, mean
ing in any wise variant from that which was
borne by the original. There were thirteen
States, all of which separately named in the
preamble as it was first agreed upon.
Among the last Of the measures adopted by
the Convention, was that which provided
that the ratification Of nine States should
establish the Constitution between the
States so ratifying it. 1t was sup
posed that some Of the States would
refuse to ratify the instrument; and, mas
much as it could not then be certainly known
which States would ratify and which would
not, it became obviously necessary that the
preamble should be modified, in order that it
might not purport to be adopted by State
or States which might afterwards decline to
become parties to it. The term, /" The peo-
pie Of the United States" was evidently re-
garded as precisely equivalent to that for
which it was substituted; and the substitu-
tion, VIC may further remark, was made by
" the committee on STYLE" for the reason we
have assigned, and in the absence of any in
structions on that point from the Conven-
ton; and the Convention, moreover, mani
festly considered that the change was a sim |