Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-16

Of the constitution and the plighteC
faith of the northern States, notwith-
standing their doctrine that the States
Plighted none by the constitution. But
as soon as the use Of force by the Fedora
Government was resolved upon, then
all former grievances and issues
7 became unimportant and she was
j not only summoned TO decide whether
she would maintain or abandon the
doctrine that the constitution was a
compact between the States, and the
nation a body polite Of which the States
as sOvereignties were the constituents,
but also whether she would take up arms
for or against those of her sister States
which, maintaining this doctrine, had
seen fit 10 exercise the right OF With
drawing from a Union denatUralized by
the refusal Of the majority Of the States
and Of the popular northern masses to
admit this doctrine The attempt to
Coeree the States TO return, was the per-
feet evidence and demonstration, not
only Of the prOpriety but the necessity
Of their action for it proved that no
Union of the gtatss was any longer
recognized by q majority Of the
States so that secession was out
the formal declaration Of the with
drawing States, that the north
ern States denying that any union Of the
States ever existed, and themselves not
having agreed to any other, there 1OdS
no union in which they could continue.
Upon the issue 90 presented, Arkansas
could not hesitate TO decide not TO aid in
subjugating her sister States and forcing
them, not to return into a Union of the
States nor, as States, to enter into any
thing; but to consent that their people,
as separate individuals, like the grains of
"a ffaI # oh
parts and particles of the great inc0hs-
rent mass Of the people of all the States,
q variable, inconstant, tickle democracy,
to be at some not very distant day com
! pressed and consolidated by the pressure
I Of circumstances, as the loose sands over
which the huge ocean rolls are hardened
/ to solid rock, into q kingdom for some
| crafty plotter or an empire for some for
/ tunste soldier.
/ Wherefore the State of Arkansas, by
| the grace Of God, Free, Sovereign and
/ Independent in the honest and upright
/ and conscientious discharge of a solemn
/ and sacred duty to herself and her peo-
| pie, in the free exercise OF an undeniable
| and inalienable right, and for ample and
sufficient cause, did dissolve, by the most
I solemn and formal expression possible of
her will, her connection and the cOnnee-
ton of all her people, with the States and
the people of the States which continued
politically associated as the United States
Of America and these and their people
became to her and her people, like the
rest Of mankind, enemies in war per- /.
haps in peace to become friends.
NOTE D.-The very assertion, by a ma
iOrity Of the States, including Minnesota, /
Oregon and Kansas, of a right to
compel by force the minority, including
Virginia, Georgia and the CarOlinas, to
remain united with themselves under a
common government, was of itself suffi-
cient cause for these old SOvereignties to /
demand dissolution of the compact. The
other measures which heye changed the
nature Of the Government, subveFting it
10y consolidation and by violation of the /
constitutional compact, are not less so /
and an attempt to abolish slavery in the |
States, by a constitutional amendment, 4
against the will of those in which it eX-
isJed, would have been ample cause and I.
warrant for their secession, il il had been (
done before the law of force had over /
thrown and displaced the law Of the /
compact. For such amendment is ut /
terry nVll, not being in the exercise Of any (
governmental power which the States
intended to delegate; and because the
power to destroy the title TO slaves in 8
State, is by the Constitution reserved /
to such State, because not granted, and /
its exercise by other States is an an /
Inhalation of the sovereignty of each .
State that does not consent.
The well known action of the Con- /
vention Of 1857, in regard TO incOrpO-
rating in the Constitution a provision for .
cOercing refractory State, is perhaps [
the most convincing proof of the right Of .
State to Withdraw peaceably from the I
Union. We copy it here, to make COM /
plete The argument as to that right.
On the 3ist of May, "On the last 1
clause of the 9Th Resolution, dUfhOriziHg /
an epertiOn Of force against a delinquent |
State Mr.. Madison observed, that the [
more be reflected on the use of force, the /
more he doubted the praotieability, the /
justice, and the efficacy of it, when ap- /.
piled 10 the people collectively, and not |
individually. An Union Of the States I
containing such an ingredient seemed to .
provide for its own destruction. The use /
of force against a State would look more [
like declaration of war than an infiic- I
ton of punishment; and would probably /
be considered by the party attacked as .
dissolution of all previous cOmpacts By |
which il might be bound. He hoped I
that such a system would be formed, as
might render this resource unnecessary, /
and moved that the clause be postponed, /
which was agreed to asIiG con-"
Again, on the Sth of June, Mr.. (
Pinckney moved that the National /
Legislature should have authority to
negative all laws (of States) which they .
should judge to be improper Mr.. /
Madison seconded it, as being an alter /
native to render necessary the use of
force, which he opposed, saying that /
" any Government for the United States, I
formed on the supposed practicability of
using force against the unconstitutional |
proceedings of the States, would be as
visionary and fallaciOus as the Govern /
ment Of Congress. The negative would /.
render the use Of force unnecessary
The motion was opposed by Mr.. VIII |.
hanson, also by Mr.. Gerry, who "could |
not see the extent of such power, and |
was against every power that was not
necessary. The National Legislature,
with such a power, may enslave the /
States. Such an idea as this will never |
be aceeded tor q" Mr.. Butler also was
vehement against the negative in the |
proposed extent, as cutting off all hope 1
of equal Justice to the distant States. |
The people there would not, he was sure, |
give it a hearing
"On the vote being taken the question 1
passed in the negative" ~ Thus this /
power, even though supported by the |
great influence of Madison, and to be
used, as stated, against unconstitutional 1
proceedings only, was refused, because II /
tended to coercion, and with 1t the |
" National Legislature might enslave the 4
States" Mr.. Randolph pronounced |
coercion to be inprdcticdbIe, erpeasiUe, /
cruel "a afliUidtuls,n 90 while MI |
Mason, speaking upon the same sub |
iact said HThe most iaFrinR eiG- /
ments Of nature, fire and water /
compatible than such mixture of civil 4
liberty and military execution" az On
the 18th of July this point Of coercion /
was again brought before the Conven- |
ton on that day the clause TO mega
tive all laws passed by the several States, |
esDtroyerting, in the opinion of the Ma
tionaI Legislature, the Articles af Union, /
or any treaties subsisting under the I
authority of the Union" was taken up |
Mr. Gouverneur Morris opposed this |
mower as "likely to be terrible to the |
States" Mr.. Sherman thought it un-
Necessary. Mr.. Martin considered it
imnroper and inRdmissable." "On the
louestion for agreeing to the power, it
passed in the negative" (al Again, on
| The 18th of August, an attempt was
made to have this power conferred on
the National Legislature
The Convention, in Committee OF the
whole. having debated, amended and
nassed. a series OF resolutions offered by
Mr. Randolph, referred them to com
mittee of 5, with instructions to prepare
and report Constitution in accordance
herewith; this having been done, and
Art. Z, Sect, ] of that instrument, Whloh