Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1862-05-28

Of State, and the abandonment by II Of
It's territory, and made no provision for
such a contingency. It matters little
whether that clause applies or not, for, in
any event, If such IN exigency should
arise, we can, and the government Of such
territory must be provided for by Congress.
Has such contingency arisen The orig
inal States are older than the Constitution
existed outside and independent Of it.
and could again and 50 could any Of the
rest If they could once got out or be put
outside Of il. The Constitution, though an
agent in the creation Of the new States, as
we use that term, is in 40 wise necessary
TO the possibility Of their continued exist
ence. The citizens Of the States are all
citizens Of the United States. Their do
nestle functions they perform, every one
of them, through their State machinery
for no one do they depend upon the Gov
ernment of the United States. Their ma
tional functions they perform wholly
through national instrumentalities II is
true they use their State machinery to elect
many national officers, and to that extent
the nation is dependent on States and
should the States perish, the national Gov
ernment must cease, for there is no mode
of supplying a Senate otherwise, nor Of
carrying on the Government without the
Senate; which is pretty conclusive that
the Constitution cannot contemplate the
cessation of single State even. But al
though the State machinery is employed to
designate part of the United States OH
GERS, their agency is in no way used in the
working Of the governmental processes.
Does the national Government possess
power 70 compel the citiEsns Of State to
discharge their duties or franchises in the
election of United States officers? Or can
it oblige the citizens Of State to hold and
do the duties of national Oihcer2 Can it
oblige the voters Of a congressional district
to elect Representative, or a State Legis-
lature to elect a SENATOR Not at all.
Can it force a citizen TO take and discharge
the Office Of a judge or sit as a iurOr2 No.
Can il in way coerce State or any of its
citizens to take any active part in the ad-
ministration of the national Government
Not at ALL Suppose, by common consent,
ali the citizens Of State should decline to
take any further part in the national Gov
ernment, and withdraw, and should no
further aid in carrying it on, in any way
government2 Might not the State, as a
State, remain as intact and entire as ever,
and be in the full and healthy discharge Of
all its State functions If not why
Suppose the citizens of State should not
only refuse to aid in carrying on the ma
tional Government, but should actively re-
sist the exercise of its lawful power in their
territory and against their citizens-what
then? And would it make any difference
whether this resistance was through their
State machinery or by other means ? Would
such conduct abate and vacate their State
government? If so, how or why? Most
clearly it would not, so long as the State
as State, still continued TO exercise such
| State functions as it might under any cir
cumstances lawfully exercise.
! l know that the national Constitution
requires that most of the high State officials
shall take an oath to support it. Suppose
they all refuse Could that refusal reach
/ below the mere surface of official functions
and dissolve the fundamental framework
of the State itself? 1 would like to heal
the doctors of this ne W Law expound th'
/ texts that sustain such proposition. AND
/ if such acts would not tend to such dis
solution Of the State, what could? ART
gentlemen even prepared with their deai
and buried cases to establish that the omis
sion CT a State Judge to take the required
vuid -rqgJJ@A qHay grR99dqaHkt'' Utgra THsRpt-
/ abOlishes the very office that he defectiVelJ
fills?
What might the national Government d
in the case supposed? 1t might reduce tn
rebellious to obedience, and punish then
for their crimes Could it in any wa,
take advantage of the wrong done by tn
rebellion and abate their State govern
ment. or treat it as vacated? If so, Ol
what principle, and by what right2 Ap
ply this conclusive reasoning TO the actua
state of things surrounding us.
But, in the first place. let me inquire
can State, or the people Of State, with
draw from the Union, and lawfully 60 he
yond the pale Of the Constitution? !
useless question, but want to state tn
argument as [ understand it. Suppose tn
people Of a State unanimously, and througl
their State fundamentally, express in Tia
most solemn form that they have with
drawn. and illustrate that declaration b,
a formal resumption of all Sovereignty
and this, of course, without the consent o
the other States, or the assent of the peo
pie of the sest of the nation, under tn
doctrines of American politics, as found il
solemn national instruments, or embOdiet
in solemn national acts. what is the effect
In the nations Declaration Of 177G, tn
doctrine is solemnly asserted that a peOpl
have the right TO change, alter, or amen'
the form of their Government; and that i
] IL - % An
must be conceded, too, / think, that Civ
en- people must themselves be the judge
of the occasion under which this clearl,
defined right may be exercised. But tn
rule cannot by construction be enlarge
beyond the objects clearly within its scope
The people of State may, at their owi
discretion, in their own way, change thei
own State Government, subject only TO
limitation which all the people, citizens @
all States. and of the whole nation, delhi
erately established, to wit, that the peopl
of no State shall establish monarchy, 0
any other but a Republican Government
Under these rules the people of the State
have, at pleasure remOdeled and recon
structed their governments.
But the people of State cannot, unde
any circumstances, change the Nations
Government The people Of the whole ms
ton can alone do that. A withdrawal {
one or more States is a change of the NI
tional Government, for although the form
remain the same, a Government by thirty
five States under our system is altogethe
another thing from the Government {
twenty-four The Colonies changed thei
own Government, but in no way interfere
with the home Government of Great Bri
ain. Does the right of revolution in an
form exist or find a lurking place in tt
American system Do our Government
provide for their own violent dissolution
No. For in all our Constitutions, Natior
al and State, the right is in terms rePud
ated and prohibited by the insertion ,
provisions prescribing exactly the onl
way in which this American right
changing Government can be Effected
f The loosely admitted heresy of the rigl
Of revolution is an enemy to all govern
! ment. The right of the people to retail