Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-01-27

, ,lsm by the compact With others.
I Authorities. on points Ike this, are perfectly
. i,s: but I fear that may not have expressed
I is ideas which entertain so well as I fn.
item expressed By Mr.. Webster In his ccle
7 rated argument in the Rhode Islaod case. II,
3 ays;
= "First and chief, no man makes a question
: bat the people are the source OF ell politics
I, bower. Government Is instituted Tor thef
! l-ood, and its members are their seenlsand ser
i Wants. re who wouldlaTgue against this, mus
: .arEue without an adversary. And who think,
y Ihcrs Is any peculiar mirit in asserting doc.
Q r-ue ike This, in the midst OF twenty million
lespis, when nineteen million nine bpndre,
: land uinetv-nine thogsand nine bundled an,
Iiuety-nine Of them hold it, as well ss himself.
. There is no other doctrine Of government here
Z inl no man imputss 20 another, and no mar
sbould claim for himself any particular meri
FOR sssrting whatieTsrvb knows 10 be true
and nobody denies. - Works Of Daairl TVe5sieT
rll c, page 22l.
But be says in this particular case an attempt
De- made 20 establish She validity Of the actor
OF the people, organized into convention, with.
ou' their having been called into convention
bT tbe exercise % any constituted authority Of
The state; and againat the exercise Of such
right Of the people as that be protests. IT,
says:
"Is it not obvious enougi that men canuol
get together and count themselves, and say
they are 90 meny hundred and so many thous
anes, and J1dge q their own qualifications
and csi themselves the people, and set Nd a
/ goverumsutY Why, another set Of men Forty
niles cai, on tie same day, with tha same pro
nriety, With as good qualifications. aud in as
large numbers, may meet ana set up another
. government; onciuaT meet al Newpsrt ard an
7.hzr a. Chepachet, and both NAV call them.
selves The people."-T5fA. page 226.
Therefore De says It is not mere assem-
1isEe Or ne people, gathered together sua
'p0n'e, that forms that meeting Of The people
authorized TO act in behalf Of the people bui
De s-ys that
"Auother American principle growing out
7t this, and Just as important and well settled
. 1s ihe Truth that The people are the source Of
power, Is, thst, when in the course Of events q
! becomes necessary to ascertain The viii Of fhe
people on new exigency, or . new state Of
+ things or Of opinion, The legislative powerHr
WOES ior me sscertslnme1t by an ordinary act
"AH that is necessary here is. that the viii
/ Of tie people should BE- ascertained by some
regular rule Il proceeding prescribed bv rre-
Vleus law. But when sscertsincd. that will is
. as sovereign as the viii Of a despolic prince,
or TIE Car of Musc7vy, or the EMPEROR of
I Austria himself, though not quite SO easily
made known. a ukase OF an eticl eighties
+ at once The viii Of o dssDotic PRICE: but the
J viii Of the people, which is here aa sovereign
a. ne VIII ct such prince, is not so quickly
/ ascertained or known; and hence arises the
necessity FOR suffrage, which Is he mode
/ whereby each mans power is made to tel upon
4 the Constitution Of the Government and in the
! enactment OF lsws0
He c0ncludss
We see, therefore, from ibs commence
msnt OF the Goyernment under which we live,
down to tdis late act of the state OF New
hoIk," to which Le had just referred, "one
unifoIm egrrent OF law, Of precedent, snd Of
practice, all going to establish the point that
changes in Government are to Be brought
about By the will Of the people, assembled un
DER such legislative provisions as NAV be nee
essary 70 ascertain that viii truly snd authen-
tically. y.'-I5ii, pages 227, z2g.
We have then, sir, in fhe case Of South Car
oiiaa, so far Is the duly organized convention
/ is concerned, the only body that could speak
the viii Of this generation fn repeal Of ibs
4 ordinance passed b. their fathers ia 1873: and
/ ] say again, II no third intsrrs's intsrveued
I by a compact binding upon their faith, their
power 70 DO so IS ihbsreIt and complete. But
str, there is a compact, and no man pretends
/ that the generation Of to-day is not bound by
] tie c1m1scts Of the fathers: but. TO use ne
language Of Mr. Webster bargain broken
/ on cne side is A bargain broken on on; and the
comPac' is binding upon the generation Of TO-
dsy only DO the other parties TO The compact
I have KEEP, their fsi'b.
I This is no new theory, nor IS practice uDon II
/ Without precedent. 7 say that L was nreciseIv
+ upon this principle that The Constitution
vas formed. I say that the old Articles Of
/ Confederation provided in express terms that
[ they should be perpetual; thar they should
4 never BE- amended or sitereI without the con-
seat Of al the States. ] say that tue delegates
. 81 40 q
should be sitered or amended, Appealed to that
provision IL The convention which formed The
CONSTIPATION, and said; "le you 10 not satisfy
us ~ the new provisions, Te will prevent Won
forming your new government, because your
faith is plghtei, because you have agreed that
there shall be no charge in it unless with the
roEsent Of all" This was the argument Of
Luther Martin; &c vas the argument Of Pattsr-
con, Of NeE Jersey, ard o. large numbers Of
/ other distinguished members Of the convention.
Mr. Madison answered it. Mr.. Madison
/ said, 10 reply to that
at has been alleged that the Confederation
I having been formed BY unanimous consent,
/ could be dissolved by unanimous consent only.
/ Does that d0ct inc result from tie nature OF
compacts2 Does it arise from any particular
stiHastion 10 the Articles Of Confederation?
! U as consider Tie Federal Union az analogous
] 10 The fgR5auental compact By which indl,id-
tf--a i'1I Dl.F HeElelts ana MNlicl must lIl
] its theoretic origin ar least, have been the
unanimous act of the comp-t mt members. it
cannot be said that no dissolution Of the com
T pact can be effected without unanimous con
sent breach Of the fundamental principles
/ Of the compact, by part Of the society, would
+ certainly absolve the other part from their OBJ
/ legations 10 It,"
" If ws con-ider the Federal U ainn as anal
I assHH 10 h- -s-f-
vidual States, what is The doctrine resulting
/ from these conventions? Clearly, according
l 20 he eEp0s.tors Of the law OF nations, that a
3reach or any one article, by anY one party,
/ lcav all fhe other parties at liberty to con
slider the whole convention az dissolved, nm
7 less they choose rather 20 compel the dsin-
Quent party 20 repair the breach. II some
treaties indeed. it is expressly Stipulated that
I a violation OF particular articles shall not
I have this consequence, and even that partjcu-
: Jar articles shall remain in force during war,
which IT, 10 general, understood to dissolve all
/ subsisting treaties. But are there any sXcep-
I tions Of this sort to the Articles Of Confede-
ration? s. far from it, that there is not even
l an express stipulation that force shall be used
/ 20 compel an offending member Of the Unien
: 10 discharge its duty ''-Mrlis0h's papers Of
atbGiss IN the Feeeral coHrent.0H, UoL 5, pages
Dos, 207.
I need scarcely ask. Mr.. President. II any
body fas found in ihe Constitution Of the
United Staies any article providing bv express
stipulstion that force shall be used 10 compel
Z an offending member Of the Union to discharge
/ rs duty Acting on that principle, nine S-atss
I of ihe Confedera ion secedsd from the Cobfsd-
eIaiion, and formed a new government. They
I formed upon the express ground that some of
/ the states had violated their compact. Imme-
fiately after, TIVE other States seeded AID
r
! Island and North Carolina; and here is uiv
answer 70 the Senator from Wisconsin, { MI.
I Doolittc), who asked me The other dav IL
( thlrtT-tbree States could eKpsl one, inasmach
as one bad .he right TO leave thirtv-tbree;
/ point BIN 70 the memory Of his e0u-tTv, 20 tie
acts OF bis fathers, a. full answer on that
I subject After this Government had been or
ganizef, after every department had been in
/ tull operation for some time, after you had
! framed your navigation laws, and provided
I what should be considered AZ chips ana ves-
seis Of the United States, North Carolina and
I Rhode Island were s.ill foreign nations, so
Z treated By you, 90 treated bv yogr laws aud
/ - september, lIs9, Congress passed an act
Authorizing the citizens Of North Carolina and
Rhode Island 70 enjoy an tie benefits at
( 'acned g. ne owners or ships and vessels Of
tle United States up 70 ibe firsl Of the follow
I ing Januarv-csve .hem that much more time
t
pro 7er; if not, they were o remain as foreign
nations Here is the history Of the formation
Of this Constitution, so far ss n involves the
poser Of the states 20 secede from a Confed-
GRAFTON, and to form new confedsracies 20 suit
themselves.
Now, Mr.. President, there Is a difficulty il
this matter, which was not overlooked by TIE
trainers Of the Constitution, One STATE NAV
ai'tEs that tbe compact has been broken. and
others may deny il; who is 10 Judge When
0ecuuiarv interests are involved so hat a csse
ran Be brought up before courts Of Justice, The
Constitution has provided remedy wi'hiE &C.
self. Il has declared that 20 act Of q State,
either IN convention Ct BY legislature, or ia
any other manner, shall violate The Coustiiu-
tion OF TIE United States, and &c has provided
for supreme Judiciary 60 determine cases
arising 10 law or equity which msy involve The
construction of the Constitution or the con-
siruciion OF such laws
Bot, sir, suppose infringements on the Con-
siitu-idn in political matters, which from their
very nature caD8ot be brought before the
court That was a difficulty not unf0resee1;
&C was debated upon, propositions made 10
meet H.. Attempts were made 10 give power
70 this Federal Governucnl IN al its depart
menis, one after The other, o meet that precise
case, and the convention steruiF refused 10 sd-
NIT any. II was proposed 70 enable the Feie-