The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-11-13


Mr.. Brown, will find hearty response, not in this
city alone, but throughout the entire State. We
have, heretofore, signally failedin making ourselves
understood, lift were necessary for us now, to say
that the address, in ITSELF not only meets entire
and cordial appreciation, but that it is precisely
what we expected and had right to expect from
its author. We will only add now, our perfect con-
vicon that the ideas therein expressed are not ex-
posed for show, but constitute the principles which
will govern Mr.. BRowN's administration.
-.
Among the many serious questions which the
present crisis forces upon our consideration, that
touching the right of secession is the first which
challenges our attention. If any State has deter
mined to cast off its allegiance to the Federal
Government, it is important for US to decide
whether such action is legal or revolutionary If
the connection between the States is simply an ALI
ance, or league, which heyhave the right, upou CIV
ing proper notice. to dissolve, then they may lawful
ly withdraw from the Union, even though they have
the very slightest cause for taking such sep.-
But if, on the other hand 10 legitimate deduction
can be drawn from the Constitution in favor of
such right as that CT secession, then such move
Inent is revolution, of which the States who par
tcipate in it must assume the solemn responsible
ity. In the one case, those who advocate the dis
union policy may commit mistake, but they are
not guilty of a crime-in the other they will in-
eternal nfamy if they fail to satisfy the world
that the exigency of the occasion was such as to
compel them to raise the banner of revolt in order
to secure their own safety, freedom and honor
How, then, is the course which South Carolina
contemplates, to be regarded by her sister States?
In our judgment, she must justify her conduct
upon the grounds that suffice to excuse a re-
volution. We cannot believe the right of seces-
sion to be one of the reserved as it certainly is
not one of the expressed, rights of the States. 1t
would be impossible TO compress within the COM
pass of a volume the able and exhaustive argu-
mens of the great writers by whom this view has
been sustained, and we cannot therefore pretend
to reproduce them. But without undertaking to
discuss the meaning of the Constitution it is to
be gathered from the language Of that document
itself, we would here refer our readers to the
circumstances under which it was formed, because
these can be briefly stated and the differences to be
fairly drawn from them strongly support the doc
trine we uphold
The Articles of Confederation, which were rati-
fled in March, 1881, certainly contemplated an al
lance merely, between sovereign States. That in
strument was framed by the Continental Congress,
whose members were in most instances the mere
delegates of Colonial Legislatures and not direct
ly the representatives Of the people; and it was af
forwards ratified, not by the people, but by the
existing State Governments. The style of the
Confederacy was 'fThe United States of Ameri-
''ca," and it was explicitly declared that each
State retained its sovereignty, freedom and
independence, and every power, jurisdiction and
right which was not expressly delegated to the
Congress of the United States. How limited the
powers so granted really were, and how far their
exercise was restricted, any legal textbook
or history will show. The Federal author
ity was vested in Congress in which each
State had one vote, and the power was reserved
to each State to recall any or all of its dele
gates and to send others in their stead Nor could
the Congress engage in war, nor grant letters of
marque, nor enter into treaties, nor coin money
nor ascertain the necessary for the defence of
the country, emit bills, nor borrow money,
nor appropriate money, nor agree upon the num-
Der of vessels to be built or the number of land
and sea forces to be raised, nor appoint COM
mander-in-chief of the army or navy, unless nine
States should assent to the same. And no ques-
ton, except on an adjournment from day to day,
could be determined except by vote of majority
of the States.
Such was the Confederation under which, it was
hoped, the Union of the States would be perpetual
That it was mere league between sovereign and
States is evident The Federal Con-
a government. The only real governments exist
ing were those of the several States.
Now it is all important to remember the charac-
Ter of this Confederation and the condition of the
country at the time when the present Constitution
was formed, in order to understand the true mean
ing and intent of the latter. We are now consid- |
ering the objects of its authors rather than the let
Ter Of the Constitution itself The Confederation
had been in operation some six years, and it had |
allied to answer any good purpose, solely because
he Federal Congress was powerles5 to compel the
people of any State to respect or obey its DEGREES
L could, as was said at the time, "declare every
thing and do nothing" Each State retained its
overeign rights almost unimpaired, and was ieal-
,us of, and stronger than, the Federal power, and
he latter was therefore reduced to mere shadow.
{ because of this condition of affairs that men
'egan to think of the necessity of stronger CEN
raj government. 1t was found that feeble Goa
ition between thirteen States would not suffice to
ecure the peace and prosperity of the country and
t was thought essential to establish National
Government, to which the States should surrender
larger portion Of their sovereign powers. Two
'arties, says Chief Justice MARSHALL, had already
risen, 'the one of which contemplated America as
"a nation, and labored necessarily to invest the
Federal head with powers competent to the pres
'ervation of the Union; the other attached itself
Ito the State authorities" When therefore the
Convention, on the recommendation of Congress,
ssembled to consider what sort of Constitution it
yas advisable to adopt, the two parties to which
7e have referred at once arrayed themselves
gainst each other. On the opening of the session,
n order to test the question at issue, Mr.. RAN
oLPH, of Virginia, submitted a proposition to the
fleet that National Government ought to be
with supreme Executive, Legislative
nd Judiciary departments. Mr.. Patterson, of
lew Jersey, submitted counter proposition,
a which he insisted that the Convention
hould simply amend and enlarge the details of
be Confederation. He desired that the indeped-
nee and sovereignty of The States should be
8 little as possible interfered with, and that the
'edera Congress should exercise its authority over
states rather than over individuals. Mr. RAN
,oLpHs views were sustained, however, by de-
isve majority, and it was because of this decision
hat the preamble of the Constitution was made to
un in the name of the people of the United States.
Acting upon the theory that it was necessary to
stablish new, organic and national Govern
nent, which should he capable Of subduing any
hing like resistance TO its legitimate DEGREES the
Convention proceeded to frame the present Consti
ution. After it had completed its labors if sub-
nitted its work to the Federal Congress. together
nth an explanatory letter. The latter clearly
hows in what light the trainers of the Constitu-
ion regarded it. They say: ut is obviously i'm
practicable in the Federal Government of these
States to secure all rights of Independent souer-
'signty to each and get rouids for the interest and
'safetu of all. 4 In all our delib-
CREATIONS on this subject we kept steadily in our
view that which appears to us the greatest inter-