Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-06-08

crate states. The political documents which
come to us from the other side of the Allan
tic are often prolix and dull, dwelling on
endless details, and troubling themselves
about many things which in other countries
are left 10 less important channels Of COM
munieation; but an apology for Secession
will command the attention of all who are
watching the conflict in America with fear,
or sympathy, or curiosity. 1t need hardly
be said that Mr.. Davis gives historical
retrospect Of the relations between the
States which formed the late Union, and en-
deavors to prove from it that the Southern
ers, in seeding, have only aEailed them
selves Of right which was inherent in their
respective States, and was by no means an
nnlled by the Federal compact. Foreigners
baye always been struck with the legal tone
which perTades the discussion of American
statesmen. While the Judges of the new
Republic are fonder of resorting to frst
principles than their brethren in the old
country, the politicians, on the other hand
discuss questions of public polity in the spirit
of lawyers interpreting an act Of Parliament.
The two tendencies doubtless arise from the
nature of Confederation which, while il
brings into the closest private relations men
living under different and conflicting laws,
yet uuites their public interests through the
medium of formal document called Con-
stitution. This Constitution, every sentence
of which bristles with the decisions of Fed
eral Judges and State Judges during seventy
years, has now received another and most
important gloss from the pen of Mr.. Jeffer.
son Davis, the President, and in every way
the master-spirit of the new Confederation.
As thislenglhy dooument will be found in
another place, we shall do no mere than
point out that the question, 80 far ms public
law is concerned, depends on this-Did the
individual States which resisted Great Brit
ain eighty years ago implicitly reserve the
right of Secession when they entered into
the federation known as the United States,
and framed the Constitution of 1887? Ger.
tain points are perfectly clear. In the first
place, they were previous to 1787-that is,
for four years after Great Britain had ac-
knowledged their ndependnce--absolutel
sovereign, and Independent of each other.
During the Revolutionary War they were,
in fact united only as England, Spain and
Portugal were united in the Peniusular War,
when an English General was Commander
in Chief of the army of all three kingdoms.
without any prejudice to the Independence of
our allies. On the other hand, there can be
no doubt that Secession was never contem-
plated by the parties to the Union of 1877.
The States which were unwilling to, ratify
based their opposition on the ground thatca
had not been taken to place beyond doubt
States in all matters not expressly made over
to Congress. Amendments were made in
the Constitution expressly affirming the re-
servation by the States of all their sovereign
rights and powers not expressly delegated
to the United States by the Constellation
Thus the right of making laws, of con-
tracing State debh, Of altering State Con-
stitutions, and, in short, Of doing all that is
necessary for the maintenance OF civil society
ho Ill
was settled before entering into q c0inpaet.
BUTT does not follow from this, that the in-
dlyidual State has the right TO withdrew
those powers which it had ceded 10 the Fed.
Grafton. Because 1t retained some sovereign
powers, that Is no reason why 1t may not
have etfectually and permAnently parted
with others. South Carolina, for instance,
tanning an army and navy, and of taxing % her r
for their main tenance, as solemnly as she re.
served the right OF regulating her own banks
or her own criminal courts. The right of
coming money and the right of establishing
Postotfice were as legally alienated by the
State as the right of dealing with slavery
within her limits was reserved. a. In the Con.
stitution there is no provision for dissolu-
ton OF the Union, OF a resumption of the
powers granted to the Federal Government;
and this is at least an argument in favor OF
the opinion that the Constitution, when rati-
fed, must be taken as binding for ever, and
that when each State adopted it, it ceased TO
be a nation as completely as England or
Scotland in 1907. - r,,..,
The question, therefore, it seems 10 us, can
hardly be settled merely by an interpreta.
ton Of the Constitution Of 17S7, The point
really is whether the States ofthe American
Union were in 1850, States, in fair and
reasonable sense of the words "Sovereign
States, such as would, according to the laws
Of morality and of nations, have right to
dispose of their own destiny, and to be the
supreme judges of their own welfare. A
written Constitution, like any other docu-
ment, must be construed with proper re-
gard to the circumstances of the parties and
their probable Intentions in adopting il, Mr..
Davis, therefore, evidently feeling that a
mere verbal criticism of the Constitution
proves little either way, enters into history
Of the dissensions which have long embittered
the two sections of the Republic against each
other, and thus lab0rs to prove that Seees-
sion was necessary remedy for intolerable
evils. We have been lately 80 thoroughly
informed of the peculiar grievances of the
Southerners that we are not surprised to
hear that the Abolitionist Associations and
the opposition TO the Fugitive slave Law
were sufficient injuries to Justify the Slave
States in Withdrawing from political associs-
ton with the North, and that it was q piece
Of knavery in the people of the Northern
States to attack the institution after they
bad made money by selling their own negroes
TO the cotton. growers when Slavery was no
longer pIofitable ct the North. ha
The slaFehplders, says Mr., Davis, bought
the negrbesG wi ithout hsrboring q suspicion
that their quiet possession was TO be dis.
turbed by those who were inhibited not only
by want of constitutional authority, but by
good faith as vendors, from disquieting q
title emanating from themselves" These
apologies for q violent POLITICAL act will be
estimated at what they are worth. Mr..
Davis, however, approaches nearer to the
true cause OF Secession when he speaks of
the conflicting interests of the two sections
the one being purely agricultural, and de.
firous Of free trade, as producing the most
valuable staple in the world, while the
Rortherners "have endeaYored 10 render the
common Government subserVient to their
own purposes, by, imposing burthens on
eOmmerce as protection TO their manufac-
turing and shipping interests" It is, in
deed, plain that the election of Mr.. Lincoln
was the occasion more than the cause of Ss-7
eession. For many years al that has kept
the two sections of the Republic together,
has been feeling of patriotism and the pos
session of common historical traditions.
The best apology for Secession is, in truth,
the fact that 1t has taken place. Most peO
pie in America thought that the reverence
for the Union would counterbalance tho
diysEsitiss Of interest and feeling, but they
a Blayeholding c6mmunity, under an
almost tropical sun, has separated itself
perhaps upjusti6ably, but still quite natur-
ally-from the traders and shippers and me-
cbanics and farmers ofa Northern land. Mr..
Davis's YieW Of the question-is at least sup
ported by Tie ''inexorable logic Of facts He
the continent. Now, II Is plain thas the
principle Of State sovereignty is practically
assumed by every State In both federations,
and the newspapers chronicle the alliance of
thia OF that Community jAst As II they were,
speaking Y sg SE iaasRsHdsns g Rations. IHaly,