Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-02-28
3ailg Appeal.
10 TnE PEoP1EoF rErNEsStR.

fqr tas Appeal
As ! did not vote n d recent election. bsld
in Tennsssss for dslseitss 70 state cOpvep.
tion, perhaps may Be allowed tbe privileps
q ealing for "Heonsidsration Of he
question:
Inow DO thIs, and cot thsss reasons: First.
the question iuvolved " Is too nnouaeatops 20 bs
desidsd in Sc short hrle. Second, an ts,d.
that the people really want convention Il
was voted down because thousands neglected
70 say whether or not hey desired one. Tb,rs.
aPPrehend, the hops hat ths " peace con.
gress would 'Psur oil upon the troubled
waters" Rntrestors 70 cur SistEaeted eountrv
lie usual serenity and quiet, induced many to
oppose The secession movement. Now. since
this hope has bean proved to be " as baseless
as The fabric Of a vision, . it is but reasonable
to suppose that there has been quite a reaction
In the public sentiment.
As there are many persons who deny the
fright Of secession, . purpose in the first
place TO establish the legality Of this right. In
ne second place, ] shall ea8ssvor to shew
nat Iennssses has the right to exercise it
AoT and in the third place shall discuss ii S
expediency.
mere is mysterious power IN law; and !
cannot blame NJ Union friends FOR wishing to
oe sheltered BY Its protecting arm n Lueisn
-s-ooaaparte had put the vote to the council Of
i've hundred, bis brother Napoleon, perhaps,
Ike Cesar, would have found Brutus and
lost seeptsr.
lhe right Of secession does exist, Il speak
gsaerally). To seesde is to do an act A
sovereign State has The right to perform all
aeta tat are not in violation Of the iaz.
he only kinds o. Law Independent Of, and
binding upon any Of TIE United States, are the
insefnational and constitutional. ] an sure
he right Of secession is not forbiddeH BY the
laE q nations- By sesuihing she C0nStitu-
lon of ne United States, yen viii find that It
Z. noi prohibited By this instrument: at least 1
: 1afe been enable to find the prohibition. The
fact that there are no constitutional provisions
70 regard to secession, is quite an argument
VIII many men against the existence Of that
right il the States. Article tenth, Constitution
Of the United States, says; ''The powers not
delegated to the United States by the C0nstitu-
tion, nor prohibited BY It to the States, are re-
served 70 the States respectively, or % the
people" The best proof that tbs right OF Sc
cession does exist In the States, is, that
nothing Is said about It In the Constitution
lhe right Of secession Is not 4 Constitu-
tional right; perhaps Il only exists when the
Constitution does not. / might make this IL
ldstration: any elastic body piece Of India
rubber, Tor instance, In its oriEinsl condition,
VIII represent the state in its sovereign ca
parity. II you put a weigst upon the India
rubber It will be pressed down. Tie weight
represents the Constituti0n, that Is TIE Federal
GcTernmelE Il you remove the weight the
ln1is-rub5er viii Immediately resume its for
mer diaensions. II you take away the Con-
situation, the State sovereignty viii immedi-
stely expand to its full and original propor-
tious. This is seeessi0n-and this Is ali OF il
L is simply assuming powers, granted when
TIA grantee has ceased 10 bold them.
might here speak at some length upon the
difference between secession and revelation. I
shall however say only a few words and pass
on TIE right Of reFolution, sccordiDg to its
. common acceptation, exists 10 al peoples, at
al times; and there co-exists with It, 10 the
apoWer5 that be,r "a correl ative right to put it
down. The right OF secession exists only un-
der certain circumstances. and there Is no
rigbt az 81 In The ''pBwers hat Be, j" from the
fact tbat they have ceased to " be.D Revolu-
tionE maT Be Just and unjust. Sfeessions are
always insl. and uu1Hst secession is revolu-
ton ReFolutionists struggle for rights they
never bad. Seeessionists simply take those
which bspe reverted to them. The comfy Of
Shelby never had an existence Independent Of
Tsnnessee-sbe is "bons Of her bone and 6esh
q ffI flesh" The eounty Of Shelby has The
nEtt q reFclutions not that Of secession.
Remember, that secession is The resuming OF
rights originally possessed. Shelby county has
an tie RIGHTS that she ever had; consequently,
tie right Of secession does not exist in her.
Tennessee once bad rights which sbe-does not
..
tain circumstances, has the right to secede.
Nj. Lincoln says II a county is as big as a
State, it ought to have as many rights as q
STATE. I viii merely ask, II yol have not
oftsn seen q very little man vote, while big
bOF, larger than be. Eiood BY unable to DO the
sane thing. A mans son, by the law, is an
der his control for twenty-one years, but be-
fore that time has eNrird the son has the right
TO arsvoIutionizeo The father may be IN
Just, and the revolution may be just, still the
49, e i-e- ths right % put Il down The
law. Of course, limits TIE eT's poWer.)
fgseu the boV becomes a man, (of sge,) he
nav still stay with bis father. He nav stay
rith bin under an agreement; then, IL the
fsther violate the agreement, and treat bin
tu1ustiy, be has tbs right 20 'seeede," and his
father has noiright to prevent him
have said that the right of secession eE-
ISIS urdsr certain Circumstances ] now pur-
pose 70 show what those circumstances are.
1. A State bas the right to secede whenever.
according to the construction Of The Supreme
Ceurt the Constitution Of the United States
has been violated by one OF more States, and
ebs fthe injured Siste,) has exhausted her
constitutional remedies for redress This is
manifest for when these circumstances exist
the Government has ceased to BE- q beg par
don for using the Phrsse,) in the words Of the
Httle boys, il has "plGyed cut" Il is Ike the
ssseorpion girf with fre," sround It there is
es1e. yrlthiu Z there Il de1th. All govern
rsutr expect obsdience and promise pr0tee-
ton. Ths expectation o. obedience is The
consideration for the premise on tht part Of
government Whenever the opposition to gov
erunert Is stronger than the government it.
geIf. then the Performance Of the promise be-
comes impossible. This releases the govern
suerf from its obligation, and as a matter OF
course. releases the subject need not step
10 4ar that in our GoTernmen., the States, in
consideration Of protection, premise obssieaoe-
he Constitution Of the United States is
q eorfrsct between the States. A contract is
an agreement betWeen two or more parties
Cfor q consideration to do, or not 70 do, a par
ffrulsr thing. This contract between the
Ststse IL Ia The following words: ave, the
'peopIs Of lhe Uaitsi States, acting in eur
Stsfr espsefty, (see the preamble and attesta-
fion clssse for and In coBsideration Of TIE
,El1r of Justice. the advantage OF domestic
trsngufiiitr, and the blessings Of liberty, do
sgree to give ap certain Of our rights that is
90 form this Constitution for the United states
AZ kmerica'D This is q contract There is
Z distinction between those contracts Which
-, 3, sosorfioned, and those which cannot
- psss this bF. The law says, If the con-
sifsrrticu fail the contract or promise is no
lonrer obligatory. II Psrsons on Contracts,
NV assert that STATE has the right b
..e,S. ,rbeuever the consideration for the con-
frsef between the States, fails.
2 Ths Federal Government is one Of speei-
e. ar5 limited powers. The States have re-
.-.--s5 n tbersgsires certain amount Of SOW
,-sigutv. In regard 70 this power, they are
..,s-afs from and independent OF the Federal
Css-srnmept-as much a. # they were distinct
-. Tfsrefure. IL the FEDERAL Govern
,,,s-t invade the sovereignty OF state, that
Slste bss the right 70 Hecede, or to do anything
&C. she r1av wish She has the Fignt 70 pro-
fert herself, and II secession be means o.
,Troisction, she has The night % employ T.
stall now inquire a. to ths right Of Ten
nesses 70 sseede, under ne ekislt.s elleull-
-, W,-sc=crding to the construction OF
- e---.-,e C,ourt. tB6 Constitution has been
s--.l-.- Nv ous OF more 8tatess snd sbe has ez-
o-s-4 ~ constitutional remedies without
-s.-si-,- resress. she has the right 70 secsde-
r u = - ii this b. ihe case Art 4, sec z,
~ rorq45tstion Of the United ssaIas saJsi
-, T,-rson held 70 service or labor IN one
So. nr6er TIE laRs thereof, escaping iii-o an
,fbsr, hal. in consequence oi any i@N q tes-
.,SssI55 therein, BE discharged from such ser
- 1- labor: but shall be delivered uP' en-
80, a. ne party to Wlom such labor OF ser
- 80 ba-lne.S . There are many questions
.-isi1r un5er t6is clausss which were reguls-
~ bs he al OF Congress OF February u
f-oq mis- sce provides that tle person ca M
- ~ feritiTe slave, msy 20 before sny llag {
80. limited States Circuit or Distrlet LolE1 i
y ~ Ststs. or before any maRisLaie OF &c
-. IN which tie fugitive mey be fsgnai ana
z-oss sitbsr orally o. b. ahidavlts that lneel
- 80 of TIE STATE from which me t1silits
~ ebat hf (ths fugitivs) oWsd . nm (ale
-f5-ts-A os4vice or labor. The judge or
-s-ist-ste. must thsnEiFe ths clain1ss z esi-
sss.1s spa tbis l. a sufficient warrant tor lns
l-S-..5f % take the fugitive back IBIS ael
L-- euDersedsd-in regard to tegitiges t1oin .,..
- the act Of SePtember leS is9V- tns ~
-5eians in the latter set are -sll.-l.y
..-,s a. these In The former. Il = oDsl2e5
~ fbir provision for the arrest az Ie..o' =, :,
s...,iiiss from labor eontenplatea snu3Hlaiy
-ieferisI proceedings, and not tse
a -'-r, al judicial investigation oySIy 81 ~
...,it-.ion. 5f6.) In Wright "a Deacon, y
- s-5 RasTie 3D. il was hele that me VI
,.-,;-- ~sslsgisssde did not lie, % ~ .,le -
~ =. t-.7fivs 10 freedom: though on tls