New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-02-07
SECESSION, TREASON.
BRITISH TREATIES MADE WITH TIE UNION AND

NOT WITH THE STATES.
Errra Inc LIND q Nrtpt. Jar. n.

Errry Anr,can c,tisen - as drrcety bonnd 10 obey
the lars PASSED Jy the cehty0i Dorer the eIerese Il
1ts Jtfaed y9gkts an ITiShmdH or a Sc0tohmGn 10
bound TO oJcy The ldrs cf the Imperial Pari,om'nL
If any number Of Iiisbmeu or Scotc men rlired the
standard Of revolt against The Government, they would
all be guilty OF treason but their contact would not
and could not affect tho reaii ns Of the Bri is With
foreign Governments. So 1t Is IL the United Saies:
the iadfvidual citizens of SOph C0TOihd AfsJamG
rho lery 0ga,Hst the Federoi Prer are oil gH"fy
of treason but their c0hdUct cannot by Possibility ct
feet The reiott0ns 6frten the OHtd St0te' Gotera-
neht and those If othC, countries. Why do We III let
upon this Some puzzled t. know whether ~
teaties Low subsising bew the United Stses and
this country will cobuue If tie SoutberBers succeed
in teparatirg themselves ard setting up Coniederb-
ton for themselves. Such event is sToh,uof
dissolution Of the Union Of the States IL the CoDtra
bad been made between this country and Tie several
States, as States, no doubt the secession OF me 81
them would tree the Others om the obligation OF fui-
flhug the treaty. But The cohtrocf - trfh ne Amen
can UH,oh tie subjects Of which consist Of boee wbo
while tbey owe il certain duties, their o~D States
certain other duties. Even after tie BRITISH Gown
nent lost Smith o. Brien, Michel and Me CHER, the
treaties with foreign POwes were still binoihg. 40
when Francis ii. lot Sicily or Austria lost Lomtardy
the treaties with The Powers not at war Continued
budiDg so il is III America. ~ ne Sece,sion 'uc-
ceed, The American Union will oee certain uun.ttr
Of subjects. Noe NJ r.; any kETpcdb G0VeT" ntd
vM Le Gt perfttt hbe ty 10 MAKE VA0tcr7 frtof''S
yLeas,S nth taose Eho haze secded, bur 1HE AAfR-
CAS- USIOS WILL STILL sUBSisT, wEAKksED THOUGH
IT Be By THE LOSS or MANY CITIZENS. Ills In the
conclusion which inevitably flows In the nature Of
the American Com titution as we have eAl LINED H.
CHIEF-JUSTICE MARSHALL ON SECESSION.
The Hon. John Marshall, formerly ChiefJustice Of
the United States in 1888 wrote he following letter 10
his cousin, Humphrey Marshall of kentuck!
RICHMOND, May 7, 1888.
DEAR SIR: sm much indebted TO you for your
pamphlet on Federal Relations, wtiCb have Rad
with much satisfaction. No subject it 20
IL more misunderstood or more perverted. You have
brought nto view numerous Importait hi-tO 81 facts
which, ia my Judgment remove The fUundaloD IN
which the Nulfeis and Seceders have erected that
superstruc,u re which oversi adows our Union. You
have think, shown satisfactorily thai we never have
been perfectly distinct Independent societies. sovereign
in the eeuse in which the Nullihers tire the term
When col MES we certainly lot. We were rarts
If the British Empire, and although not directly coD-
nected with each other 70 far res ected govenmer
we were connected in many respects aid were III lied
10 the same stock. The steps TOOK 10 effect separa
ton were a. you have fully shown, not OILY Ievolu
tIorary In their nature but they wee taken cooiGty
Then, IA now, aced IN many respects as one peo-
pie The tprese aii,es a each colony acted for all
Their resolutions proceeded from a common source,
and operated on tho whole uass The army was
continental army commanded by continental general,
aud supported from the continental treasury The Dec
larAliOp OF lndeJ eDdeBce was made by common
Government and Was mace for all Il c STATES.
Everything hos been mixed Treaiie. mode by Con-
gress have been cOrsidered ss i1dng all tie Slater.
Some powers have been exelcised 10y Cone1ets, s"ne
by the States separately. Tie lines we're not strictly
drawn. The inhhil Of Congress TO carry its legi'i
mate powers iutO execution has gradually ahnull,d
tlore powers practically, but the sways existed III
theory. Ind,ptId enre was declared Gin The name aid
By tie authority Of H. god people Of these coloief.
In fact we have always bees United in some respects,
separate In others. We have acted one poole for
some purposes. distinct rocieiiss for Others think
you lave shown this clearly, and in &C doing have
demonstrated tie fsllaey OF the principle on vi ich
either notification The tight Of peaceful, coLstiu-
tOua secesfi Il II asserted.
The time IL arrived when these truths must be more
generally slolen, our Union Ii at end Tie
idea of complete sovereignty Of tie Stale converts
Government into lei ue and if carried into practice
oIssolves the Ulion
an, dear sir yours AfectiOnsiely, -
HUMPHREY MARSHALL, ESQ, Frankfort, KY