Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-06-14

made. But the general government
cannot be said to have been either su-
per-eminent or pre-existent at the time
the alleged compact of Union was form
ed. Contracts do not make laws, but
laws make contracts that is, certain
acts of the parties become contracts un-
der the law. And when the contract is
once formed then the law enforees it or
Furnishes a violation Of it. It is plain
that the compact Of Union, il such a
thing exists, was not formed under the
constitution but by subscribing to the
/ constitution. In other words the con-
stitution is the compact. Now if the
general government, which is merely
the exponent of the constitution is to
/ enforce the constitution, then we have
/ the strange anomaly of a compact en-
/ forcing a compact. If the constitution
/ is a compact it can no more enforce
/ itself than a lease Of land or a written
/ contract Of partnership can enforce
| itself.
Nor can we call upon the parties to
! enforce tLis compact. If the States
have formed the Union, it would be
a most illegal procedure f or the States
to enforce the Union. As well might
be that Is damaged attempt by his own
authority to collect damages, or he that
is a partner attempt with his own hand
to lay hold Of his fellow partners goods
to idemnify himself for real or imagin-
ary loss.
/ If the Union is a compact, the doc
/ trine of secession is, after all, not very
/ illogical. For indeed a party may Of
4 ten violate his contract under the law,
and there is no remedy recognized ex-
! cePt to mulct in damage the wrong do
er. The contract itseIfofte cannot be
enforced. May not this be the case in a
contract between States ? Ifthe Southern
/ States choose to violate their stipuIa-
tions, the Northern States, if damaged
thereby, certainly ought to be idemni-
fed, but what right have they, being
] partners to the stipulatiOns, to enforce
them?
Again, this doctrine of compact ad-
mits at any and all times the right OF
revolution. A man may certai My VIC
late his contract if he is willing to take
the consequences. May not a State do
| the same? For the sake Of being re-
leased from nm Odious obligation "A man
may be willing to sacrifice a great deal,
may not a State also And If a State
choose to pay the price of independence
who shall say that Ehe is not entitled
/ to it? Thus, underline doctrine of com
pact we may have at any time an ex-
cusabIe, if not a justifable revolution
or rebellion
The only safe plan is TO reject this
/ doctrine altogether. It may be histori-
cally correct, but practically it is a dan
/ gerous heresy. The Union is simply a
| Capitalization of com munities called
/ States It is more than a Union, it is
an immersion, or swallowing up. The
States are swallowed up in the grand
central power of the whole people,
known as the United States. They can
never lose their identities as communi-
ties, or states, for these are guaranteed
by the constitution, as may also be said
of the reserved rights and immunities
which remain with the people, not be-
/ ing delegated to their government.
Neither can the States ever lose their
! cOalescenee with the national power or
remove one foot of territory from be-
meath its sway. We are "distinct as
the waves but one as the sea-"