Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-11-20
The FaIIaey of Secession Further
Considered.


illustration of the course and termination OF
a suit at law, arising under statute of Con
gress. We showed that the laws of Congress
are of superior obligation upon every citizen
of the Union. and any State law in conflict
with them is absolutely void and of no effect.
No one will gainsay this position, as it is ex-
pressIy contained in the Constitution, Art. &.
clause 2, as follows = This Constitution, and
the Laws of the United States which shall be
made in pursuance thereof; and all Treaties
made. or which shall be made under the au-
thority OF the United States. shall be the
supreme law of the land and the Judges in
every State shall be bound thereby, anything
in the constitution Or laws of any State TO
the contrary notwithstanding" We urged
further that the President is bound by the
duties of his Office and the obligation of his
oath. to execute the laws; for, the Constitu-
ton provides, Art 2, see. l, clause l, that +;
1.-THE executive power shall be vested IN
President oil the United States of America"
He cannot avoid that responsibility; but Is OBJ
Iged TO see the law enforced. He is bound alike
to enforce them in Boston and Charleston, in
Maine and California. To do SO be is au-
thorized to use all the force at his command
For the first forty years Of the government
these doctrines were never seriously qnes-
toned by any respectable statesman OF the
country. WASHINGTON himself Sc. the exam
pie of carrying out these provisions at very
early day. and thus established in practice,
what was universally accepted in theory
But some thirty years ago, the people or
the politicians of particular State became
dissatisfied with certain enactments OF Con-
gress. and asserted the new doctrine OF State
sovereignty. and declared that the allegiance
owed By citizen TO a State was superior 10
that due to the Federal Government. twas
then no less startling than it was novel ; but
It was so tenaciou-ly adhered TO, Hat an open
rupture and the efusiOu of blood was immi-
nent. But the invincible courage of the then
Chief Magistrate, and the use of temperate
means, avcrted that calamity, and the dec
trine was overwhelmed in the popular odium,
and its advocates put to rOut. 1t was sus-
tanned. however, by an ability SO subtle ard
though sopListical, that it has never lost its
hold upon certain minds; aud now re-appears
in the doctrine Of "peaceable Secession
To show the reader how the doctrine was put
forward, and how combatted, we beg TO refer
to a memorable passage in its history.
1t was during the troubles which the State
of South Carolina created on account of the
tariff euactments of Congress, that Mr.. CAL
HoUx submitted set of resolutions TO the
Senate of the United States, affirming =
Ist. That the people of the several States
Composing the United States are united as
parties to a constitutional compact, to which
the people of each State acceded az sepa-
rate sovereign community, each binding IL
self by it, own particular notifications; and
that the Union. Of which the said compact is
the bond. Is union between the States ratI
flying the same
ID. That the people of the several States
thus united by the constitutional compact, in
forming that instrument. and in creating
general government to carry into effect the
objects for which they were formed, delega-
certain deiaite powers, to be exercised joint
IL. reserying. at the same time, each State
for itself, the residuary mass of powers to be
exercised by is own separate gOvernment;and
that whenever the general government aSsum-
es the exercise of powers not delegated by
the cOmpactits acts are Unauthorized, and are
Of no effect; aud that the same government
Is not made the final judge Of the powers
delegated TO it since that would make its
discretion. and not the constitution, the
measure of its powers; but that, rs in all
other cases of compact among sovereign
parties, without any common judge, each
has an equal right to judge tor itself, as
well of the infraction as of the mode and
measure of redress"
The third seemed directed more particu-
larry to the enumeration and denial of the
opinions expressed in Gen. JACKsON's then
recent Proclamation, on the nature and pow
ers of the government. These resolutions were
submitted on the 22d January, 1888, and as
sert the doctrine on which the secessiOnisis
of this day proceed. They were most ingen-
ious admixture oltruth and error; but FORUM
ately the Senate ofthat day contained mind
able to lay bare the miscbievous error that
Iurked at the bottom, and expose he fallacy
on which they rested. On the 10th Febriary
following, Mr.. WEBSTER rose and stripped
them of their verbiage, and held up their fol-
Iacies in the following mastery style:
''The first two resolutions of the honorable
member affirm these propositions, viz:
l. That the political system under which
we live, and under which Congress is now
assembled, is a compact, to which the people
of the several States, asseparate and sover-
eign esmmunilies, are the parties.
2. That these sovereign parties have
right 70 Judge each for itself Of any alleged
violation of the Constitution by Congress;
and. in case of such violation, to choose
each for itself, lis own mode aad measure Of
redress.
1t is true, Sir, that the honorable member
calls this constitutional compact; but still
be afirns it to be compact between sOver-
eign States What precise meaning. then,
does he attach TO the term c9asd,aioaaiP
When applied to cOmpacts between sovereign
States, the term e0aStitssfiOHaL affixes to the
word e0HPlef no defaite idea. Were we to
hear of a constitutional league or treaty be-
tween England and France, or a constitu-
tional convention between Austria and
Russia, we should not understand what
could be intended by such league, such a
treaty or such convention.
In these connections. the word is void OF
all meaningi and vet, sir, it is easy. quite
easy, to see why the honorable gentleman
has used il in these resolutions. He cannot
open the book aud look upOn our written
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