Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-05-03

it cannot be denied-then having accepted
these States into the political partnership, with
the condition annexed that they had right to
yithdraw-does it not thereby follow that the
| condition cnurcs to tho benefit ofall tho States,
and that all the States, or any one State, Unjust
have the right OF withdrswingy'
will proceed, as best I can, to present an
other view Of the subject. | throw out no
challenge to anybody here. | did not come
here with that purpose but if any gentleman
here. shall do mt the honor TO notice my re.
marks, should DC glad TO have him confute
successfully, if he can.
say that the 10th amendment OF the Fedo-
raj Constitution expressly makes it a great
constitutional right. Sir, Virginia was the
author, in part, of the 10th amendment. Fir.
gInia had just seeded from two Governments.
She had just ratified another Government, with
the express understanding that she reserved to
herself, as | have shown you, the right to Sc
cede, if necessity should make it proper for her
10 do SO. She was tue author Of it. What is
the great principle OF construction that the
10th amendment lays down?
The 9th amendment of the Constitution de-
clares that 'thc amendment in the Constitu.
tion Of certain rights, shall not be construed 10
deny or disparsge others retained by the peo.
pie"
The 10th amendment declares that "thc
powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people"
Now, sir, we have seen that this right Of Sc
cessicn vas, at the time Virginia proposed this
nth op,nnA,popf on o>l- pnrln0ou1 on1 rnrnr-
nized right in this country. 1t was declared TO
be a right in the Virginia Convention. There is
not one jot or little in your Constitution which
declares that the power is conferred upon Con.
gress to prevent a State from withdrawing.
All powers not prohibited to the States arc re-
served to the States respectively. This was q
power that had been exercised. and unless you
can show that it is prohibited by the Consti-
tuition to the States, it can still be exercised.
1t was one Of the rights reserved to the States,
and your 10th amendment to the Constitution
declares that if one of the reserved rights, it
FAasstfss e egq ia Ss Z i S q Fsm NED within the The f posss,
and pale Of the Constitution itself: 1t is, there
fore, a right under the Constitution.
But, Sir, let US go a little further; and beg
the attention OF the Committee to the point |
am now about to make. Your Committee declare
that the States, when they formed the Federal
Constitution, were SoVereigns. Then, if they
were independent sovereignS when they formed
the confederation, they went into the Union
voluntarily. Nobody will pretend that any
force was rtsorted to by any power, Of carry
ing the States into the Union.
Now, sir, l ask, as it is admitted they went
into the Union voluntarily, if there is anything
in the Constitution which gives Congress or
any department of the Federal Government
the power TO use force to keep them in? If
there is, point it out. If any gentleman here
shows me one word in the Constitution which
gives Congress, or any department Of the Fed
eral Government, the power to keep q State in
the Federal Union by force, | will yield the
point No, sir, it is not in the Constitution
You cannot find it there-it Is not there. On
the contrary, sir, in the Convention which
framed the Constitution, they expressly refused
to give Congress any such power over the
States. What does the record say! Gov.
Randolph's proposition proposed to grant to
the General Government: the power ITO negative
all laws contrary, in the opinion Of the nation
al Legislature, to the articles Of the Union, or
any treaty subsisting under the authority Of
the Union and 10 call forth the force of the
Union against any member of the Union. fail.
ing to fulfil his duty under the articles there
Of" This power was refused. Then came
Mr.. Charles Pinckney's plan, which proposed
that the Legislature of tie United States
should have the power 10 rerise the laws of
the several States that may be supposed to in.
fringe upon the powers exclusively delegated by
this Constitution to Congress, and to negative
and annul such as do" This was refused.
The next plan was submitted by Mr.. Patter-
eoo ,rh;oh prov;6c3 .if my Ctoto or ho5u of
men in any State, shall oppose or prevent the
carrying into execution such acts or treaties"
(of the Uuion) 'the federal executive shall be
federated States, or SO much thereof as shall
ence to such acts, or observance of such trea-
ties This, too. was refused. Then came
Gen. Hamilton's plan, which declared. "all laws
of the particular States. contrary to tho Consti.
| tuition or laws of the United States, to be ut
| terly void; and, the better to prevent such
laws being passed, the Governor or President
| of each State shall be appointed by the Gene
raj Government, and shall have a negative on
the laws about to be passed in the State OF
which he is Governor or President" This,
too, was refused. Later, it was moved to
grant power Ito negative all laws passSd BY
the several States, interfering, in the opinion OF
the Legislature, with the general harmony and
interest of the Union, provided that two-thirds
of the members of each house assent to the
same" This also failed. See the different
plans referred to in 1st Vol. of Ell. Debates.
Thus you see from the Journal of the Con
~vention, that so far from being able to find any
such thing in the Constitution Of tho United
States, of the formation Of that Constitution,
itself shows that the Convention which franz
ed it refused, in every instance, to grant any
power to Congress to use force or coercion
against a State in any form. Then, sir, you
see that they went in voluntarily. Can tie
Federal Government at Washington resort to
force to keep them in? Have they any au'
thority to do that, sir: This Convention, in
which we are now assembled, has the power
to carry Virginia out, and to submit that
question to the people to decide for them.
selves. Can any department of the Federal
Government send any force here, under the
sanction of the Constitution, to disperse this
Convention because it may DO this ! Show
me where there is such power given in the
Constitution, and I will give up the whole
question. 1t is not there. / think then
have conclusively shown you that if they wen
in voluntarily, as we all know they DID, tina
after they are in, you cannot resort to force TO
keep them in; and your Committee of Twenty
one, whom you have endorsed by the resolu
ton the other day declaring that each mem
Der should only have ten minutes to debate th'
amendments presented to their report, tina
committee which, by that vote, was pronounc
ed to embody all the wisdom Of this house hos
declared in their report that the Federal Gov
eminent has no power to subjugate these
States, if they 90 out. When all this is adj
mitted, is it not an argument which no mar
can meet that they must have the power to 8
out if they think proper. Let us see. Inc
States went in the Union voluntarily. Whe1
in. YOU cannot resort to force to keep them IN,
and if they 60 out you cannot use force u