The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-19

Report or the Select Committee OF the New
York Senate.

The Select Committee 10 Wnlcn WAS Ielcfrcu ~
Of the Message OF His Exceency the Governor az re-
ates TO our national difficulties, ask leave TO make the
following report
After more than seventy years OF unexamped progress
and prosperity the Union of these States threatened
with dissolution South Carolina, Florida Alabama and
Mississippi by the acts of conventions called for that
purpose have already assumed the right OF secession
Georgia and Louisiana are preparing to follow their ex-
ample The border States sympathizing with these re-
yOlutionary movements, and yet unwilling TO commit
themselves to precptate action counsel delay and COM
PROMISE with the determination, however, that II what
they deem the reasonable demands of the seeding States
not complied with they, too, will join In the ebert
TO vefhrow the constit
THE ALLEGED RIGHT srATE TO sEcEDE
The doctrine Of the right Of State 10 withdraw from
the Union is not new II had its advocates under
the old confederation and the indefinite nature Of the
powers conferred Congress gave IL color of plusi-
biy Strictly peaking houerer, the States iecre never IN
rested nth fl pogers Of socegty During the colonial
period the supreme authority resided with 0 crown;
ana the declaration which severed our connection with
Great closely followed the order Of time,
by the adoption OF the articles Of confederation which
clothed the Congress with this authority in respect to
many important subjects.
The confeder of l777 of revolutionary origin
II the result Of arbitrary and oppressive acts against
the operation Of which the prayers and petitions OF the
colonies failed to obtain any relief or redress Clothed
from the outset, with inadequate powers which the
enlarge it apparent that with the removal Of
danger there would be nothing left TO support
on hn oath Of Nav i7s7 The Convention met 10 revise
the articles of confederation, il with such general
sense Of the weakness and defects Of the old system as
led 10 its final abandonment, and to the adoption Of
government with powers greatly enlarged and more
widely distributed.
In comparing the present constitution with the articles
of confederation, it wall be that in particular do
they differ more materially than in the source from
which their powers derived and the authority which
pendent action Of the States
THE DEFECTS or THE CONFEDERATION.
Speaking OF the defects Of the confederation at the
opening Of the Convention Edmund Randolph remarked
That the government defend itself against the
croacnmen Of the States and that was not even
States ,es 9'''' N''''''
Madison, also member of the Convention, said
That the radical inmity in the articles of confederation
aneous compliance with its requons BY so many ndepen
convenience and distressing the compliance of
others
Mason observed -
providing coercion and punishment against DELINQUENT
thnss be on the coecvsy
a and those
only whose guilt required it.
Chancellor Kent in commenting this subject, makes
Notwithstanding the articles of Confederation conferred
upon Congress HhSagh n mPseSt msnner and o H
a By Which on e1 and
known and lodged 81 nations world yet
they we're IN fact but diges, and even limitation in the
shape OF written comp act OF those undehn1d ana disere
n 4 @ n whs S S, ss by s Ss
an implicitly obeyed
Again, in speaking OF the imbeciy OF the confedera.
ton, the same writer remarks that
;,t al INC % % lnaepehhuet
css of eonfedea,ion carried The dcees 81 the Federal
their sovereign collective capacity
This Was the great fundamental sdcfs in the csnedera6n
OF l LED 70 rs eventual overthrow and has proved
ptuous OF ~, " an otneI ieuciai sps ny
49, a, nm h. Iais5 ~ I,l" .ero,aeg ~ ~ ~ a,ea
i,.@er ~ Hoe mrs au b. es6, ri b. arms TIE mild in
uence OF the civil magistrate however strongly be
elt and obeyed ~ private noyhuas VIII not be needed by
organized community conscious OF its strength and gayed
ny Us passio"' o,gx,ox av ,.,,,roy
To thssa references H. ha az opr ,bt sotas
men and comnentatos we .aa rho antbority of laml
~ =, ,nr ~ ~ aa,n,n, = - $3.50,
=, az ,bo c,o,,,d r NJ S 1890 nons ~
.he IA Va sa. - '"0 e'o'NN u '"o VI
VIZ ' Nv @9
mas n2 iltle contributed 70 the innrmes Of the ex
sys,em 'nss ~ never naa fnneaeh oy me
~ he ecsars n has haen cxpnsed 10 frennent
and questions C. ncernng the validity OF It's powers.
and has in given birth to the erroneous doc
rne of tight Of legislative repeal Owing is ratification
to he law Of tate has been c1n'enaed mat the same
a"fiy insns ie rnsn sne m W wnh vas idn
tain that a party 10 a compact has a right to re.
Of this nature the necessity q laying the foundation
OF our rational gyer men, deeper than IN we mere sanction
oneht y, an he oi, has o he coz sent 81 the anpe
The team Of national power ought to How Immediately
from that pure original all legitimate authority
of constitutional power the decrees Of Con-
press or 10 nerneuote ,t own existence Indeed the
Second n,oSsv aoc,rad That acb State should
retain every no,rar ysi,con and RIGHT M, oxnresslv
deIepaed 10 The niied states IN CONGRESS assembled
In Tho face of this clause ID wud have been necessary 10
show Inc DELEGATION of an authority 10 clam obedience
TO tee laws before such an authority could be constitu
tiopaly exercised
N n consequence there wore numerous instances or n
refusal on the mart OF state 10 comply with The acts of
the federal ecislanre and IN some cases these acts we're
nuuined nv cont adi,torv and eonaict,no statu,as
TIr rowEp; as mn s1nrn ,7,oy
Nor IN Tho case ~ seceang state were The novera or
tho otior any moro car, aasoa ~
aJnu,ed 1ha so,sa 90 ! e,m,on aamaar hod ,roI,oy
,ha conGi,, n,aros,s ,shih as az, :, ! a;yors, 80
sol climate and nroncons and there had bern nn oc
CASTOR the far ~ M, tbo o,a,a. Io,,an ~ sao.,
ana S,, ~ ~ o potme.h 'nu lcei =
c1nfeaa,a,,o, 10 ~ 20, ~ mas - ~ s us ~
that sha,a snch a case orisa he Contradiction oij
Laya ~ ,aIy ~ ,ha axorctsa ~ iri,a5 "a 1871
naue,, ~ ,a,,a,v tho s..a1in S,a,a y, III, si
iceted p.,na = ,omnac, ha,s,oan S,a,a, and ,aro I'M
ng been ratiied nv he con, tho d;Son,an, ond d,r
f9et,op 10 Yards The federal led N