The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-01-21
THELAWAND DTHE TESTIMONY.

| communication, i'll late number of the
Baltimore Sun, proves conelusively the right
of States to secede, and that there is no power
| in the Federal Government to use force
against or to coerce State. The position is
sus tanned by distinguished authorities, quoted
| by the writer II is of so much interest at
the present time, that we publish it entire
| ssIf the representatives. Of the people betray
| their constituents, there is then no resource
| left but in the execution of that original right
of self-defence, sohich is paramount to all
| positire forms Of government. and which
| against the nsurpdtion Of the a0ttonoi rulers
| may be exerted with an infinitely better pros
| pect of success than against those of the
rulers of an individual State. Hamilton,
page 106. Federalist.
I'm a con federocy the people, without exag-
geration, may be said to be entirely the masters
Of their own fate Ibid.
| |sIt NAV safely be received as an axiom in
our political system that the State gouern-
ments will, in all possible contingencies afford
| complete security against lnrasions of the
public liberty by the national authority -
Ib., page 10I.
''The rule that all authorities of which the
States not explicitly dtuested in faror IF the
| linton, remain tgih them in fun yigor, is not
only theoretical consequence of that divis
| ion, [sovereign power but is clearly admitted
by the whole tenor of the instrument which
| cont tains the articles of the proposed ConSti
| tution. ."-Ib., page 12l.
''If the Federal Government should over
pass the just bounds Of its authority, and
make tyrannical use OF its powers, the peo-
pie, whose creature il is must appeal 10 the
standard they have formed, and take such
measures to redress the injury done 10 the
| Constitution as the exigency may suggest and
prudence justify. lib, page 1913.
''The Constitution is to be founded on the
assent and ratification of the people, given by
deputies elected for the special purpose; but
this assent aad ratification is to be giUen by the
people, not as indtrtdadts comp0Stag one en-
tire nation, but as composing tie distinct and
Independent States to Uhich they respectively
| belong. IL is to be tie assent and rdttfcatton
Of the Seuerdt States, derired from the supreme
nuthority in each Stote-the authority IF the
people Themselves. The Constitution will not
be a National, but Federal act. That it will
be Il Federal and not a National act, as these
| terms are unders tood by the obJectors, the dct
| Of the people, as forming so many Independent
states, not as forming one aggregate nation, is
obvious from this single consideration, that 1t
| is the result neither from the decision OF
majority of the people of the Union, nor that
| of a majority OF the States. 1t must result
| from the unanimous assent OF the SeceTat
| States that are parties to il. Were the people
regarded in this transaction as forming one
| nation the will of the majority OF the whole
| people of the United States would bind the
minority. Each State, i'll ratifylng the CON
| stitution is considered as a SOcert'gR body,
independent of all others, md only to De bound
by IFS oton roluntory oct."-Madison, FEEDER
alist page 1872
"In the establishment of the Constitution,
the States should be regarded as distinct and
| tadepeadent socereigns, and they are so re-
garded. '-Ib., page 1856.
at is vain to oppose constitutional barriers
TO the impulses of self-preservation. "-lb.,
page 162.
The Constitution and Union can be super.
ceded acithoHt the unanimous consent OF me
Stt,tes 1chich nre parties 10 IL, upon the greai
principle OF self-pTesercdtion to the trG"s'
| cendunt Iuto of nature and of natures Goa
| which declares that the sGfety and hdpptnt">
| of society the object at which all 1'oht'c0'
| i0stt,' utiOHs must be sacrificed" -"
| "a compact between Independent sorer'
ei00s foun led on acts of legislative an thority
| can nretend T. no higher validity than league
| or treaty betwe, n the parties. 1t Is an estio
lished doctrine on the su1ece o1 of each
all the articles are n. utnaily cohdltlohs ol edcl
other: that q breDc. Of any one article ts q
breach Of the 3cboie trea.V: and that breach
! committed by either of the parties ooSnepeS "''
others and authorizes them. IL tiieS please, "
pronounce the compact oi0fGsea an" e"t"' -
1b.;. page Us. .,oou,,. b,isbed r
law, or in reason, than that Wheheftr ,iie en'
is reuuired, the means are outloriHeu'
"The State governments may be regarueo 'ts
constituent and essen ntiaI parts OF the edeia
Government whilst the feuefal orofeIhllieI
is in no wise essential To the opera non UI VI
canjzation of the State Government. WIN
out the State Legislatures, the fres!deht' oeI
, | ators and Representatives cannon De eiecteu
Each of the branches OF The feetet.ti G,oIn
, ment owes its existence TO the State Io'eili s'
| ,nents' The powers delegated 10 the fedeTa
| q overnment by the Constitution, are lew nIl' m
daft ned those which remain III tne , otite TUs Tt
| ernn,ents are numerous and indefinite III
] meyers reserved to the several States VIII eA
| lend to all the objects which, in the ordlhar,
cours, of affairs concern the lives, liberties ah9
properties of the people. ."-lb-, pages leo 'ii'
1877. ,.,.;
In the Convention which framed the consti
| IN ton. Edmund Randolph proposed 10 glV'
| the Federal Government power 10 call ioI u !
| the force Of the Union against any iheliipei
tho Union fa ling to fulfill its duties untler TN
artic les thereof" " MI Patterson also desired
to be inserted in the Constitution, AND !
any State or body OF men IN any ot,e,
oppose or prevent the ,'arryinS INTO EAectttio VI
| such acts or treaties the federal EAecutit
shall be authorized to call ,'fth tle .f 20 mei y
the conf ederated States or so ~ IN Wv " -. ~ =, -
| may be necessary to compel obet t; " " ~ +
acts, or an observance OF such tire. 49,, a.;
! these two instances the Convention " :" -
, | tinctly invited to authorize the Federal ~
ernment 10 use force and coerciue measu-
against the States, but no such potoerS Uert
, dttthortzed. Not q single member Of the Con
rention ddg ocated force. Hamilton, the strong
, government man, rejected and denounced re-
F sorting to force. Mr.. Madison said 1.-THE more
! he reflected on the use of force, the more ht
: doubted the loracticability, the justice anu tut
efficacy of it,
"An Union of the States containing such al
ingredient force or cOercion) seemed To pro
vide for its own destruction. The use OF force
| against State would look more like decla
ration of war than an infiiction of punishment
|
: as a dissolution of all previous compacts by
which it might be bound - he opposed th
| | use of force. If the Federal Government ut
5 tempts to coerce State or uses force, IL break
f | the compact between all the States and itself
| its acts are illegal and unauthorized and 1t /
| q usurper, and no State is bound by the com
pact nor can the Federal Government CLAIM
longer to act under or by authority OF the com
a | pact by which it was brought Into existence
a Mr. Madison again said, THAT any govern
| ment for the United States formed on the sup
| posed prac ticability of using force against tn
States would prove visionary and failaeious
e Hamilton again said: g Force, by whic
: may be understood coercion OF laws or u &C
q ercion arms, it amounts TO q war between tn
:, parties the confusion will increase, and a dis
II solution of the Union will ensue. IL Elliott
: Debates. vol 5, page 133 These are some c
:, the proceedings OF the Convention whic
d framed the Constitution, and you have befor
- | YOU the views of Hamilto and Madison, VIII
~ | helped to frame it, as to the rights OF til
'e States and the powers of the Federal Coy
j. errment as to coercion and force against th
States.
a, New York, when she ratified the ConstitJ
i ton of the United States, expressly declared
"a THAT the powers of government may be ~
AZ assumed by the people eohensoeuer 1T shall b(
,s | come necessary to their happiness; every 9TH.
Ia power, jurisdiction and right, which is not b
n | the said Constitution clearly delegated 10 IL
- Congress of the United States, or to the d.
: partments of the Government thereof, remain
3 to the people of the several States, or to the
: respective State Governments .''-Elliotts ID
4 bates, page 321.
f. ION of the United States, expressly stated ::
- Under these impressions, and declaring til;
the rights aforesaid cannot be abridged or vi
late /, and that the explanations aforesaid a
b cons, stent with the said Cons stitution, &c., v
h | asseu to and ratfy the said Cons titution y
These were no proposed amendments, bI
they s ere declarations of right and of Il