Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-01-29
The Right of Secession.

or to Coeree a State-Right Of the States TO
Forts, &~c.-Sapreme Court Of tho United
States Observation-Disclosures Hamilton and
James IMaaison's Tiews-Debates an the
Convention aehich France the Constitution
Of the United States-Ri9Ats Declared TO
Belong to the States BY the States phcn they
ratified The Constitutions, dc.
"If the representatives Of the people betray
their constituents, there is then no resource
left but in tho execution Of that original right
of self defence, which is paramount to all pos
sitive forms OF government, and which, against
the usurpation OF the national rulers, may be en-
erted with an infinitely better prospect OF sue
cess than against those OF the rulers Of an IN
dividual State Hamilton, page JOG, fcde'
ralist.
TN a confedcracy the people, without exaG-
geration, may be said to be entirely the mas
tiers Of their own fatc."-IIbid.
ut may safely be received as ~ axiom IN our
political system that the State governments
will, in all possible contingencies, Afford com
plete security against invasionS oil the pubI'c
liberty by the national authority. "-lb page
lo7.
THE rule that all authorities Of which the
States are not explicitly Invested in favor OF the
Union, remain with them in full fisor, is NOT
only a theoretical consequence Of that division,
sovereign power. but is clearly admitted ~
the whole tenor Of The instrument when con.
tains the articles nf the proposed constitution"
lib, page l2l.
"If the federal government should overpass
the just bounds Of its authority, and make 4
tyrannical use of its powers, the people, whose
creature it is, must appeal TO the Standard they
have formed, and take such measures To re-
dress the injury done to the constitution as the
exigency may suggest and prudence justify
h., page 123.
'sThe constitution is to be founded on the as
sent and ratification Of the people, given by
deputies elected for the special purpose; but
this assent and ratification is to be given by the
people, not as individuals composing one ell.
tire nation; but as composing the distinct and
independent States to which they respectively
belong. 1t is to be the assent and ratification
of the several States, derived from the supreme
authority in each State-the authority Of the
people themselves. The Constitution will not
be q National, but q Federal act. That it will
be a Federal and lot u National! act, as these
terms are understood by the otjcctors, the act
Of the people, as forming so many independent
States, not as forming one aggregate nation, is
obvious from this single consideration, that it
is the result neither from the decision Of 4 ma
iority of the peoplc of the Union, nor that of n
majority of the States. 1t must result from
the unanimous assent Of the several States that
are parties to it. Were the people regard
cd 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, in r~atifying the Constitution; Is cousid-
cred rs a sovereign body, independent OF all
others, and only to be bound by its own vol
untary act" Madison, Federalist, page i52.
In the establishment Of the constitution
the States should be regarded as distinct and
independent sovereigrs, and they are 50 re.
garded."-lb., page l5G.
cit is vain to oppose constitutional barriers
to the impulses Of MISREPRESENTATION" lib, page
1852.
THE Constitution and Union can be super
seeded without the unanimous consent Of the
States which are parties to it, upon the grea,
principle of selEpreservation; to tho transcer-
dent Law OF nature and Of natures God, which
declares that the safety and happiness Of soci-
ETY. are the objects at which all political iusti-
tutions must be sacrificed"
"a compact between independent sovclcigns,
founded on acts Of Legislative authority, can
pretend to no higher validity than a league or
treaty between the parties. 1t is an establish.
ed doctrine on the subject Of treaties, that all
the articles arc mutually conditions OF each
other that a breach Of any one article is 4
breach of the whole treaty; and that n breach
committed by either of the parties absolves the
others, and authorizes them, if they please, 10
pronounce the compact violated and void
TO-, page lis.
mo axiom is more clearly established in
law, or in reason, than that whenever the end
is required, the means are authorized"
1.-The State governments may be regarded as
constituent and essential parts Of the Federal
Government, whilst the Federal Government is
in no wise essential to the operation or organi,
cation Of the State government" without
the State Legislatures the President, Senators
and Representatives cannot be elected. Each
of the branches Of the Federal Government
yves its existence to the State governments.
The powers delegated to the Federal Govern.
mcnt by the Constitution are few and defined
those which remain in the State governments
are numerous and indefinite. The powers re.
served to the several States will extend to all
the objects which, in the ordinary course Of
affairs, concern the lives, liberties and proper
tics of the people," h., pages lSG and 1871.
In the Convention which framed the Consti.
tuition, Edmund Randolph proposed 10 give the
FcQCTal government pO"SI " Soi W. ShN
force of the Union against any member Of the
Union falling to fulfill its duties under the ar.
ticles thereof" Mr.. Patterson also desired to
be inserted in the Constitution, 'and if any
State. or body of men in any State, shall op-
pose or prevent the carrying into execution
such acts or treaties, the federal Executive
shall be authorized to call forth the powers Of
the confederated States, or SO much thereof as
may be necessary to compel obedience to such
acts, or an observance Of such treaties In
these two instances the Convention was dis
tinctly invited to authorize the Federal Govern.
ment to use force and c~ocrcivc measures against
the States, but no such powers were authorized
not n single member Of the Convention nd.
vocated force. Hamilton, the strong govern
mcnt man, rejected and denounced resortins to
force. Mr.. Madison said "the more he reflected
on the use Of force, the more he doubted The
practicability, the justice and the efficacy Of it."
"An Union Of the States containing such an
ingredient (force or c~oercion) seemed to provide
for its own destruction. The use of force
against q State would look more like a declara-
ton of war than an i~nhiction Of punishment,
and would be considered by the party attacked
as n dissolution of all previous compactS by
which it might be bound )" he opposed the use
of force. If the Federal Government attempts
to coerce a State or uses force, it breaks the
compact between all the States and itself; its
acts arc illegal and unauthorized, and it is an
usurper, and no State is bound by the compact,
nor can the Federal Government claim longer
to act under or by authority of the compact by
which it was brought into existence.
Mr.. Madison again said, THAT any Govern
ment for the United States formed on tue sup
posed practicability Of using force against the
States would prove visionary and fallacious."
Hamilton again said, Force, by which may
be understood q coercion Of Law or 4 coercion
of arms, it amounts to a war between the par
ties, the confusion will increase, and n dissolu-
ton Of the Union will ensuc." LElliotts De-
bates, vol. 5, page 1881 These are some OF
the proceedings Of the Convention which framed