Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-01-27
It has been often quoted, but must read II

riehtful Judges. in the last resort whether the
bargain made has been pursued or violated.
The Constitution Of the United States was
formed by the sanction OF the States, given by
each in its sovereign capacity. It adds 10 the
stability and dignity, as well as to the author
itv. Of The Constitution, that il rests on this
legitimate and solid foundation. The States,
then, being the parties to the constitutional
| compact, in their sovereign capacity, 1t fol-
lows, Of necessity, that there can be no tribu-
nal above their authority, TO decide, In the
last resort, whether she compact made by them
be violated, and consequently that, as the par
Ties to Il, they must themselves decide, IN The
last resort, such questions IS may be o. sum
/ cisnt magnitude TO require their interposition."
He goes on to state, not limitations upon the
power, but considerations in regard to the
mode Of exercising It. He says:
/ The resolution has, accordingly, guarded
against any misapprehension Of its object, BY
/ expressly requiring, for such an interposition,
| the ease Of deliberate, palpable, and dan
gerous breach. Of the Constitution, by the
/ exercise Of powers not g anted by it, 1t
must be case not Of light and transient ma
I ture, but Of nature dangerous to the great
/ purposes for which the Constitution was ss-
/ tablished."
Mr. Madison, in the debates in the Virginia
convention, seemed 70 take it for granted that
/ any State had a right to seeede a. any time,
without any condition or limitation. His later,
well-consdered report, qualities that doctrine,
as have Just shown; but at the time the de-
/ bates occurred in be Virginia convention
/ about adopting be Constitution, it was taken
I for granted on all sides that Virginia cOlld
withdraw whenever she pleased; nobody seems
/ to have disputed that. After defending the
I grant Of power in relation to the militia, Mr..
I Madison said
"An observation fell from a gentleman on
/ the same side with myself, which deserves to
/ be attended 10. II we be dissatisfied with the
National Government, il we should choose to
renounce it, this is an additional safeguard to
our defense. ."-Eltiot's Debates, UOl 3, page
1 314.
Apparently, taking it for granted that any
! State could renouncs it when il pleased, and
that the militia could already be organized as
a safeguard for its defense. I do not state
/ this as any particular pertinent authority, but
to show the Impression that generally prevail
ed at the time Of the adoption Of the Consti-
tuition; but when the question was subsequently
discussed in 179S and 1888, upon the alien and
sedition laws; but lot only did Mr.. Madison
make this report, but have reference here
to a letter Of Mr.. Jefferson, which have not
on the table, and which will annex to my
speech when printed, showing that be delibsr-
ately examined this whole question, and came
to The same conclusion.
But, Mr. President, the President Of The
United States tells us that he does not admit
this right to be constitutional, that it is reVo-
lutionary. ! have endeavored thas far to show
that it results from the nature Of the compact
itself; that it must necessarily be one Of those
reserved powers which was not abandoned by
it, and therefore grows out Of the Constitu-
tion, and is no, in violation OF it. IL ! am
asked how / will distinguish this from reVou-
tionary abuse, the answer is prompt and easy.
These States, parties to the compact, have
right to withdraw from it, by virtue Of its own
provisions, when those provisions are violated
by the other parties to the compact, when
either powers not granted are usurped, or
rights are refused that are especially granted
70 the States. But, sir, there is a large class
Of powers granted by this COnstitu ion, in the
exercise Of which discretion is vested in the
General Government and, in the exercise Of
that discretion, these admitted powers might
be so perverted and abused as to give cause CT
complaint, and, finally, TO give the right to
revolution; for under those circumstances there
would be no other remedy. Now, taking again
the supposition Of a dominant northern ma
jority in both branches, and of sectional Pres
ident and Yice-President, the Congress Cf the
United States then, In the exercise OF its ad-
nitted powers, and the President to back them,
could spend the entire revenue Of the Confed-
GRAFTON in that section which had most control,
without violating the words or the letter CT
the Constitution; they could establish forts,
! lighthouses, arsenals, magazines, and all pub
l lie buildings Of every character in the North
srn States alone, and utterly refuse any to the
South. The President, with the aid Of his sec
tional SAnste, could appoint all officers Of he
navy and Of the army, all the civil officers OF
| the Government, all the iGdges, attorneys and
marshais, all collectors and revenue officers,
all postmastsrs the whole host Of public Off
GERS be might, under the forms and powers
vested bv the Constitution, appoint exclusively
from the Northern States, and quarter them in
the Southern States, to eat out The substance
Of cur PEOPLE, and assume an insulting supe-
riority over them. All that might be done in
the exercise OF admitted constitutional power,
and it is Just that train Of evils, OF outrages,
Of wrongs, Of expressions long continued, that
the Declaration Of Independence says p'o-
pie preserve the inherent right Of throwing of
by destroying their government by revolution.
I say, therefore, that distinguish tie rights Of
the States under the Co-sti,ution into two
classes; one resulting from the nature Of their
bargain; il the bargain is broken by the sis
ter States, 70 consider themselves freed from
il on the ground Of breach Of compact il tie
bargain be not broken, put the powers be per-
verted to their wrong and their oppression
shall become sufficiently aggravated, the revo-
lu.ionary rigbt-the last Inherent right Of man
to preserve freedom, property and safety
arises and must be exercised, FOR none other
will meet the case.
But, Mr.. President, suppose South Carolina
to be altogether wrong in her opinion that tais
compact has been violated TO her prejudice
and that she ha,, therefore, a right to with
draw: take that for granted what then?
You have the same issue TO meet face to face.
You must permit her to withdraw in peace, OF
you must declare war. That is, you must
coerce the State itself, or you must permit her
to depart in peace. There is nothing whatever
that can render FOR an instant TO enable the
attempted distinction be ween cQerctng STATE
itself, and coercing all The individuals in the
manner now proposed. Let me read a few
lines upon that subject. First, Vattei, in
speaking Of States, and Of their right, and the
right Of their citizens, uses this language:
Every nation that governs itself, under
what form sosver, without dependence on any
foreign power, is soUtTeiga State. It's rights
are naturally the same az those Of anv other
State. Such are the moral persons who live
together in a natural society, subject to the
law OF nations. To give a nation a right to
make an immediate figure in this grand socie-
", it is sufficient hat it be really sovereign
and Independent that is, that it govern itself
BY its own authority and laws"
Then be speaks OF those qualifications that
may exist in relation 20 this sovereignty; and
he says:
"Several sovereign and independent States
may unite themselves together by a perpetual
coHfederacy, without ceasing 10 be, each indi-
viduslly, perfect State. They win together
constitute Federal Republic their Joint de-
libsratlOns will not impair the sovereignty Of
each member, though hey may, in certain re-
spects, put some restraint on the exercise Of it,
in vir' ue Of voluntary engagements. A per-
son does not cease to be fee and independent
when he is obliged to fulfil engagements
which be has voluntarily contracted. .D-Ydticl's
LatD Of Nations, book 1, chapter 1.
Here, then, we see that under the law OF na-
tions the State Of South Carolina is a sover-
eign State, Independently OF all considerations
drawn from the language Of the Constitution
itself, and as ouch entitled to be treated, and
as such has a right to protect and shield her
citizens from all the consequences Of obedi- |
encs to her acts. The hOnOra ble Senator from |
Illinois Mr.. Trumbull put to my friend from |
Virginia Mr.. Mason the question what re- |
belion was and put it with triumphant ar, |
as if be supposed that in case Of rebellion the /
laws Of war did not apply; that then it vas |
mere question Of hanging traitors; that there /
could be no independence Of the State of South /
Carolina, but a mere rebellion Of the body Of |
its citizens. Suppose it to be so, what does |
the law Of nations say in that very case2
When a party is formed ia State who no |
longer uutN tue sovereign diia ar possessed /
of sufficient strength to oppose him-or when, /
in a Republic, the nation is divided into two /
opposite factions, Ind both sides take up arms, |
this is called a civil pdr. Some writers eonfne /
this term 10 lust insurrrection Of the sub
jects against their sovereign, to dis inguish |
that lawful resistance from rebellion, which is
an open and Just resistance. But what apeIla-
tim will they give to a war which arises in a
Republic torn By two factions-or in a moa-
archy, between two competitors for a crown?
Custom appro ropriatss the term "cvil war'' 10
every war between the members Of one and 4
the same political society. IL it be between
part Of the citizens on the one side, and the
sovereign, with those who continue 10 obedi-
ence to him on The other, provided the malcon-
tents have any reassn for taking up arms,
nothing further is required to entitle such dis
tnrbsnee to the name Of cipH lgar, and not to
that Of REBELLION. This latter term is applied
only to such an instruction against lawful
authority as is void Of all appearance OF JUS
hee. The sovereign, indeed, never fails to be-
stow the appeilation Of rebels on all such Of his
subjects as resist him but when the latter
have acquired sufficient strength 20 give him
effectual opposition, and obge him 70 carry
on the war against them according to the IS
tablished rules, be must necessarily submit to
the term cipil i5dr.
"it is foreign to our purpose in this place 10
weigh the reasons which may authorize and