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

formation, gncre a the teachings Of history and all
If the consctine Interests growing out OF diversity
OF SOIL, climate and productions ahhot DC recohcbed un
DER The protecting care Of geVefnnena en-, rom
they would not clash between separate AMI rival con-
Sederac,es.
The history Of the South American republics affords
ample proof the dangers 20 be unprecedented from the
earring interests Of Independent, and sovereign States,
with no arbter invested with authority set
tie their differences and with power TO make us DEGREES
respected
fined indirect and nierentia testimony. II rests on
the higher evidence OF plain constitutional provisions,
about which there can be no dispute.
By article SIXTH section second, the constitution and
all laws made in pursuance thereof declared be the
supreme Of The land, and TO be paramount to the
constitutions and laws of the several States. There
limitation 10 the operation Of these provisions, and
qualification Of them from other passages. They must
stand IN all their breadth and Significance until the
situtn SHAH be amended or until shall be overthrow
by a successful revolution
THE CONSTITUTION AGAINST SECESSION.
We have thus endeavored TO sAsw that the PROPOSE.
lions set forth in harmony with the constitution and
hat me principles which they emoody are logical aeauc
tone from positive provisions In the face OF these
there can be constitutional right of eesson since TO
suppose would be to claim for the ordinance OF state
a paramount authority the constitution and laws of
The union to deny the rightof ancestors to bind
their poserty by their acts and to make the noblest
system Of government the world has the sport
and the football Of dangerous and designing men.
The citizens Of South Carolina this subject
the constitution Of 1889 was reality and as if we
still being under the old articles Of confederation
But the old system. ,cih all its defects has passed acGy,
and in its place hare national g,rernmen, de
rtrisg authority from the people and invested Nth
pow to make The constitution and the ,a,cs made IN pr-
suoree thereof, respected and oSeyed
Even supposng the constitution compact between
sovereign States there would still be constitutional
the part of State to withdraw from It's con-
troll or escape from the operation Of its laws u the con-
suton had been ratified by the States in their sovereign
capacity it's provisions remaining the same would still
have operated on individuals; could State by the
exercise Of any constitutional power have released them
n Attu nfAh alia
been the same arbter in the Supreme COURT anu
its decisions, and not secession, would have been .
constitutional remedy for grievances.
SUBMITTED TO SOUTH CAROLINA.
II would be wei for the citizens Of South Carolina to
compare the views in regard TO sovereignty put forth in
proclamation from that State with the opinion
Of eminen, citizen and member Of the Constitutional
In the Legislature Of South Carolina in 1885, on the
quest calling convention of the people ratfy the
constitution Charles Cotesworth Pnckney spoke as fol
lows
This admirable manifesto meaning the Deesraon Of In;
sovereignty and of several States In that de-
ns nS with
I'VE therefore The representatives Of the United states,
&C. &C dom the &C. hs h good Of hsss c
and reh; ought be- free and independent statesn
The separate independence and individual sovereignty
OF several States thought Of by the
ghtened band OF patriots who framed this declaration.
POLITICAL HEREsY.
The several States not mentioned by ia
any part, if il was intended TO impress the maxim
America that freedom and independence from
union and that without it could be free
independent 1T u.s. hen consider al attempts TO mccfen
the Onion by maintaining that each State is separately end
tadiridudy INDEPENDENT as species Of political heresy
Wich nerer benefit as but may bring on US the most Sc
rioass distress.
During the notification excitement in South Carolina, Mr.
Gmke then member OF the State Senate, made most able
and speech favor O. The Union IN Which he hns
Of the constitutional right OF State to secede from the one
yIrw STATES FOREIGN NATIONS
pnes q oeT the Ss REGARDED Is
The articles Of eoedro,on eere enc aation az % ne t ~
s a9. nepsnd
Of the foreign o1ereeny was any
20 European nations nor by these as 70 tha Iraealy
se sGsx q the States She only
This was sim more manifest after the conre Iteration;
for then branches of the foreign sovereignty
vested in Congress the international representative,
as indeed, they had been, in all material respects, be-
fore. But when the national constitution OF 1859 was
adopted, beyond all question, under that every atom
Of fore en- sovereignty is stripped from the States
and vested in the new government. Every attribute
international existence is parted with and state
can ever be repossescd Of any Of but BY
ceesul civil war by the consent Of the rest to disco
luton Of The unon and the restoration Of the coded
tbority to the States.
SOUTH CAROLINA no NATION.
,e S wo excite Smile in every o casne Of Europe ree
Theoretically, well practically she Is beyond all
81 as S
now hs ss nns Ss
tie head the diplomatic department. the President and the
and House Of Repf-senatiScs declaring power
These We Sd as n Why ~ a vow we soow ns
uss and requires to regard you not as nation as
''' THE STATES AGAINST SECESSION.
Again II the doctrine Of secession is rreconcilblc with
the constitution Of the United States, IL is question
,oIer finds cgy warrant IN H. constitutions Of ne
several States. Such Is neither contemplated
nor provided any organic law and the acts OF lie
subject
consideration would appear TO be beyond the scope of
their legitimate powers. II is nothing less than deibe
attempt substitute for the decisions Of the Supreme
Court whose jurisdiction extends TO all questions arising
under the constitution and the laws the dangerous action
Of revolutionary tribunals Nor will the proceedings OF
the he any regular than the action Of
the Legislatures which called them together. 10 pass
ordinance Of secession may De an easy mater; tut chsn
Qsance % suppsf constitution Which ne p'ops u ~
Cndod Sates, Sy SOLEMN act ,n,too.o ".aas
rcss the d,rs Of Congress, made ia accordance there
,esn and % clhe 9arrsons from nc national tcr AM
Of their constitutions 10 gire sanction proceedings
Qucly the interpretation hieh the ciritised ,cod ,oiU
srcdiv p IN on NJ M Il would be more magnanimous for
Of the seeding States instead Of attempting
the hopeless task ri defending such acts constitutional
remedies, 20 ont boldly and anticipate the verdict
II hrisendom by confessng them TO be revolutionary
MAINLY SUPPORTED VIRGINIA.
Tho doctrine OF recession has found rs main support in
cal documen, was drawn BY Mr. Madison then a member
Of the Virginia Legislature IL originated n the passage Of
the alien and scdion laws by Congress- which the resolu
tions declared unconstitutional and then proceeded
TO define the rights Of the states in the third Of the series
follows
That this Assembly doth explicitly and pcemptoy declare
that views the powers of the federal government
sulng from the compact to which the States parties
by the plain and intention of the
constituting that compact, further valid than they
authorized the enumerated in that compact and
OF deliberate papahe and dangerous exercise
powers granted by the said compact the States
~ho parties thereto have the right ane arc in duty bound
inerpose arrestng the of the evil and
within their respective limits the authorities
rights and liberties appertaning 10 them
This resolution Of the Virginia Assembly was the bi
sis on which of South Carolina rested her right
of notification and secession in 1880, and which Mr..
Hay referred to containing the good Old republican
doctrine Of 9s II apparent however that the idea OF
an authority residing Is state To decide on inractions
OF the constitution is where 70 be gathered from the
resolution rho word used IN its plural form, and re-
fers clearly the states Collectively while the authority
claimed Is only TO be exercised in case OF deliberate
papabe and dangerous exercise by general govern
ept Of powers granted IL is not claimed that the
right may be exercised BY the State on any presumed IN
friction Of the constitution by another state, and its opc
ration confined TO where the general government