Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-10-04
Letter of MIR. Madison to MIR. Webster
Against State Secession.
JNO. I. SPENCE,
Of Association

The following letter of Mr.. Madison to Mr.. Web
stor is Of interest at this time 1t brushes both null
liication and secession, and, of course, with these
twin hercscs Is equally destructive of the Southern
construction of the resolutions of %. SO that,
whatever else they may mean, they cannot mean IF
Mr. Madison is their author to justify either seces-
sion OF notification:
MONTPELIER, March Is, 1880
Dear Sir return my thanks for the copy Of
yOur late powerful speech in the Senate of the United
States 1t brushes notification, and must hasten an
abandonment of secession. But this lodges the
blow by contOundng the claim to secede at will with
the right of seeding from intolerabe oppression.
The former answers itself, being violation with
out Of faith solemnly pledged. The latter is
another name only for revolution, about which there
is theoretic controversy. Its double aspect new
ertheless, with the countenance received from Ger
tain quarters is giving II popular currency here
which may influence the approaching elections
both for Congress and for the State Legislature 1t
has gained some advantage also by mixing itself
with the question whether the Constitution of the
United States was formed by the people or by the
States, now under theoretic discussion by annual
partisans. 1t is fortunate when disputed theories
can be decided by undisputed facts. And here the
undisputed fact Is that the constitution made by
the people, but as embodied into the several States
who were parties 20 il, and therefore made by the
States in their highest authoritative capacity
They might, by the same authority and by the
same process, have converted the Confederacy into
mere league treaty, continued it WI tn enlarg-
cd or hridged power, Or have embodied the people
Of their respective States into the people, nation
sovereignty; or rs they did by a mixed form, make
them one people nation, or sovereignty for certain
purposes, and not go for others.
The constitution Of the United States, being es-
tablished by competent authority-by that of the
people of the several States who are the parties to it
it remains only TO inquire what the constitution
is, and here It speaks for itself 1t organizes gov
eminent into the usual legislative, executive and
Judiciary departments invest it with specified pow
or leaving others to the parties to the constitutions
It makes the government to operate directly the
people: places at its command the needful physical
means of executing its power; and, finally pro-
claims its supremacy and that the laws made in pur
suance of it, verthe constitution and laws of the
States the powers Of the government being exercised
as in other elective and responsible governments,
under the control Of its constituents people and
Legislatures Of the States and subject to the revolu
tionary rights OF the people in extreme cases.
Such is the constitution of the United States dc
je and dc facto and the name, whatever it be- that
may be given to it, make it nothing more nor
less than what it actually Is.
Pardon this hasty ef'uson, which, whether accord
ing not precisely with your ideas, presents am
aware, more than are new to you.
With great esteem and cordial salution,
JAMES MADISON.