New-York daily tribune., 1862-04-25
HAVE TIE STATES A RIGHT To
DESTROY 1HE NATEOSS


That the People have an inherent, inel'en-
able right TO modify or change their political
institutions, State or Federal, We heartily ae-
sert. The exercise of this fundamental right
ia TO be governed by such regulations al the
People may in any case have seen ht TO I'M
pose. If the People of this country mad seen
fit 70 prescribe that q State may secede from
the Union st pleasure, Secession would have
been State right; but the People saw ft TO
direct otherwise, and their choice Ii concla-
sive. "Secession is treason" said in effect or
in terms Virginia and the whole South in 1914
when the New-England States were su'peeted Of
wish to secede; and that was true. There Is
no other Right Of Secession but the indeicasl'
bic revolutionary right Of every community
and every man TO resist, ia the last extremity,
/ intsIerable oppression. In all tho discussions
of the Federal Constitution, whether - the
Convention which framed it, 10 the State Con
veptions which ratified it, in The FcdcTaI's', 10
tbe Journals or otherwise it was not even 'ug-
esstsd that & State might accede to the g more
perfect Union" formed byit. yet aiterward With
draw az pleasure. On the contrary, when i wHs
suggested TO Mr.. Madisoa that the oppos.tion
70 ratfying in this State was Unexpectedly
formidable, aud ne was asked If New-fork
uizh. NOT be permitted 10 assent for term OF
yea7s-.hat is, to ratfy tie Constitution "a an
experiment. with liberty TO withdraw from the
Union #. alter giving il fair tiiL, she should
deern il Injurious to her, Mr.. Madison promptly
replied in the ne2atise-that no conditioner
/ assent would be accepted-that the rahhestion
must be complete and unqualified, or 1t would
not .nswor-and il uas Gnally 10 made, though
reluctantly, ard by small majority. Tne
tremendous edorts on the one hand 70 procure
On the other to prevent, The adoption Of th'
Federal Constitution by the several States
were utterly absurd if il had then been under
stood that State might accedo to-day and
Withdraw tomorrow. There ID no const.tu
tional right Of Secession--none other than th'
revolutionary right which trsnscends the Con
sitution because il trsnscends all organizations
institutions, and cOmpacts whatever.
"But you must not eoerce State, war the
fret cavil Of the Northern syDpsthi2ers with
Slayeho!ang Treasop. Must mott" Hhy
The States have been repeatedly coerced b.
the decisions of the Supreme Court. Vermont
once undertook TO exempt her citizen, ifcu
tho falfllmeot of their pecuuiaFy obligations;
but the Court said No--the Federal COnstitu.
ton forbids any State TO impair the obligation
Of contracts--sO the Vermont Law went 20 The
wall. New. Hampshire tried 20 turn out The
Trustees and Faculty Of her own Dartmouth
College, and the Court stopped her-such over
turn being forbidden by the virtual compact
between the State and the dead founders OF
the College. Ohio tired TO tax the United
States Bank out of her territory, but wai
stopped by the Courts veto. Georgia under
.ooi to hang Indiana and imprison missionaries
sluons tho Cherokee, within her geographical
limits, in defiance Of sOlemn treaties between
thoso Indian. and the Federal Government,
but the Supreme Court ssid Nc--those troaties
are (" the supreme Law Of the land" and nc
Stats is at liberty TO violate them. But Gen.
Jackson wa then President, BY the unanimous
vote of Georgia, and no said " John Marshall
" has made bis decisiOn--now let him enforce
"iF"--and Georgia was permitted to defy the
surreus Court-the President refusing to
execute its precept This was the gem ol
Nul6caton, whereof tho country 10 now reap-
ing The disastrous fruits. No State lad ever
before been permitted TO defy with impunity
tho Federal authority; but Gen. Jackson re-
fused TO eoeres Georgia, and Null6eation by
South Carolina soon followed Hence the
hideous brood Of nischiefs and perils which
now deyastate the country.
The States must be " coerced when they
attempt to defy and violate the Federal Con-
rttutiOn. If not, our Union is rops Of sand
--s morning fOg-and JEFF. Davis WAS right in
speaking slightly of Secession as I" the dissola-
ton of league" But the Constitution is
more than o lsague--it iss framework Of Gov