Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-12-25
For tile Enquirer:
Ourbt the Southern States to Secedcf '

! States. the other States, and each OF them, are
absolvcd from the obligation OF the compact
which created the Union, and may rghtfuly
withdraw from it-that is, secede. l propose
now to enquire whether the Southern States
or any Of them ought now TO exercise this
| right Before proceed TO do so, allow me to
add to what have already written on the first
point-for the question OF right--that any
other view Of the obligations Of the Union
makes it the most unntelligible anomaly on
the one hand, and the most disgusting and in
suiIerabe despotisrn on the others-a govern
ment to wit: which has no power to prevent
| its members from violating the Constitution,
and yet has The power and the authority to
compel the injured parties to remain in the
| Union and submit to injuries against which
it cannot protect them, and against which the
Constitution will not permit tilrn TO protect
themselves; for, in considering this question Of
the rights and obligations Of the Union, it
will be observed that there are but two parties
to be regarded, viz: the majority States and
the minority States; and the rights of the
| Union of which We hear so much talk, by
which | suppose is meant the rights OF the
Government of the Union, will be most clear
| " defined by asccrtainns what are the
rights of these ma ority and minority par
ties. In truth, and in proper use Of
language, the Government has no rights, but
obligations to fulfil in contest between its
principals, from whom it derives its whole
authority; and the whole question Of right is
resolved when the right of the majority is as
certaincd. For that right alone confers the
authority, and imposes the obligation upon the
Government, and, consequently, the obligation
cannot be more extensive than the right
which imposes it, and the agent can have no
right which did not belong to his principals
Accordingly, 81r. Hamilton said in the 18th
number Of the FederaliSt:
There is no position which depends On
"clcarer principles tlIan that every act Of
delegated authority, contrary to the tenor Of
"the commission under which it is exercised
sis void. No Legislative act, therefore, con-
"trary to the Constitution, can he valid ID
deny this would be to affirm that the deputy
"is greater than his principal; that the servant
"iS above his master; that the representatives
"uf the people are superior TO the people them
"sclvcs; that men acting hy virtue n( powers,
may do not only what their powers Ito not
'.authorizc but what they forbid
cannot forbear to pause here, and remark
how identical are the thought and language
Of this great man, with those OF the equally
great Tancy in the Dred Scott case
And in the 45th number Of the Frderalist,
he says:
''The State Governments may be regarded
''as essential parts Of the Federal Government,
whilst the latter is in no wise essential to the
Operation or organization Of the former.
| 'tWithout the intervention Of the State Legs
''latureS, the PSesident Of the United States
"cannot be elected at ALL"
BY the "principals, !" 'thc State Legisla.
lures" were referred to by Mr. Hamilton He
must have intended a majority Of the primo
pals, majority OF the State Legislatures, or
he stultiiicd himself by first affirming that the
principal is greater than his deputy, and then
affirming that the deputy who has no principal,
and. therefore, is no deputy, is suprrmc--for
when the majority withdraw, or withhold their
authority, there is no deputy except for the
minority, and as minority cannot control a
majority, so the deputies Of minority can
have and exercise no power over the ma jorty,
or for it If this were not so, then if twenty
nine out Of thirty States refused tn rar:c; pate
in the election Of President, the thrticth, OF
one State, might elect President, not only for
itself, but for the other twcnty.ninc. This is
an absurdity, for which no one, am sure, will
contend, and, therefore, conclude that there
can be no doubt that a majority Of the States
may dissolve the Union.
Having ascertained what the right Of the
majority is, let US now enquire what is the
right Of the minority.
1t will be conceded by every one that mi
nority in any Government has right to pro-
lection and exemption from tyranny and op-
preston by the majority and, in n government
having a written constitution, it has right to
insist upon strict observance of the consti-
tuition; and, therefore Mr.. Hamilton said in
the 18th No, that "any act of delegated al.
thority, contrary to the tenor Of the commission
under which it is exercised, is roid"
The majority being bound, then, to observe
the constitution strictly, and all its acts in vic.
laton of it being void, and the compact being
obligatory only when fairly observed by all the
parties, it results necessarily that when the
constitution is not strictly observed, but is
violated by the majority, to the injury and OPP
preston Of the minority, the minority have a
right to declare that they will no longer sub
mi. to the unconstitutional and oppressive
treatment, and to Withdraw from all further
connection with the majority. II they have
not then there is no Constitution but the will
of the majority. and the Government, instead
of Republican Government with written
constitution, is drspntsm Of the most dctcst-
able character, in which there is no security
for life, liberty or property; for every one
must perceive that if the majority is to be al
lowed to place its own Interpretation upon the
Constitution, and under color Of it to violate the
Constitution at its pleasure, and hold the
minority bound, there is no Constitution for
the minority, at least, and everything depends
upon the will Of the majority which is the
worst form Of dcspotism.
To such doctrine Of blind submission and
passive obedience Virginia has never asscnted,
but under the lead Of Madison, aided by the
lights Of Jefferson and Taylor she declared
in her celebrated report OF l79S that each State
was tIe Judge Of lnfractions Of the Constitu
ton and of the mode and measure Of redress,
and so Mr.. Hamilton, in effect declared, when
he said in the 33rd number Of the Federal
ist:"
"Irlhe Federal Government should ovcr-pasS
"tllr Just bounds of its authority anl make Il
"tvrannral use of its powers the people,
"wnosc creature it is, must appeal to the stan
.'dlrd they have formed, and take such
"mcasnres to redress the injury done 10 the
"Constitution as the cxigency may suggest,
'and prudence justify.
! but, as inc "IoiiS liuSI 'eCe>S"'hy w "o."
mittcd by the majority, the language OF Mr..
Hamilton is nonsense if the minority cannot
withdraw, and must submit TO ''the injury
done to the Constitution" for there is no other
measure which the minority can resort to, un'
less it be the newly. y.suggestrl one, of fighting
for the Union in the Union, which will pre-
scntly show is the most fallacious, and would
be the most fatal which the South or any mi
norty can adopt. OF necessity, therefore, the
minority States must have right to withdraw
from oppression, if they are not the victims oi
the most unmitigatcd despo,ism on earth.
Again: 1t was conceded by the writers Of
the ''Fcderalist," aS have shown, in the cmphat.
ic language Of Mr.. Hamilton, that the States
were sovereign before the Union. and that they
retained their sovereignty, except so far as
| thnu ernrnssly dclerated il to the Ecderal Go.