The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-03
THE RIGHT OF SECESSION.
BY r. r. HowIsoN. IL. D.

than diminished And yet we ought all
10 rejoice that Lee camp has firmly al
hered 20 the resolution which denies that
the right OK Secession has been abandon
ed. or had ceased 10 exist.
The right OF secession is an inalieuahle
right of each State composing the con-
federation known as the United States
OF America" II is a sovereign right
which cannot be destroyed, except by a
power sufficient TO destroy and annihilate
our whole State and federal system and
TO bring US into a condition OF absolutism
as gross and abject as that OF Russia or
Of Turkey 1t IS certain that no such
mower has ever existed, or ever pretend
ed 10 exercise Itself ia our favored land
Of freedom.
History has demonstrated that each
Of the thirteen English colonies in North
America threw off the domination OF
Great Britain and became a sovereign
mower in the world before tho Declare
ton of independence Of July 4, 1H6, was
adopted The crude idea that any one or
more Of the thirteen colonies became a
State by the action of the primitive
congress has been dssipated into the
air by the facts Of history Those
primitive congresses. so far from having
the great creative power or converting
4 colony into q State, had originally 10
governmental power at AN. Their enact
,nonts and ordinances had no authority
nor power. except so FAR as the people
from motives OF patriotism freely chose
IA comnlv with them The congresses
of 1865. lT7f. 1876 and 1Il6 were purely vol
untary assemblies Of delegates. Ihey
had no governmental power to rfise
money or tr0ops. They had not even
power 20 pay for the use of Carpenters
Hall In Philadelphia and were dependent
on the patriotism ana courtesy OF tho
carpenters of that city for tho han IN
which 10 hold their session
They had no governmental power uhlA
from and after The term in lIiI when the
States had all adopted the Articles OF
Confederation. except Maryland, who
did not ratfy them I'm fun until lll.
But those Articles of Confederation
took special care 90 provide that 'each
state retains it's sovereignty freedom
and independence and every power, Jufis-
dlction and right which Is not by this
Confederation expressly delegated 10 the
United states IN congress assembled.
And although those articles OF con-
federation" provided that "the articles
of this confederation shall be inviolab.y
observed by evory state. and. the Union
shall be perpctuatod,' yet, in this they
undertook 20 do what is impossible 20
man. and assuredly impossible 20 q SOW
orem state. VITO anninlate an lA-
alienablo right and power
Tho result was that In the steps neces-
sary % the formation of The new ana
better government Of 1889 these articles
Of confederation" were abrOglted ana
set aside by prevailing majority of the
States. without tho consent OF several
OF the States who originally composed
tho Union declared 60 De perpetual by
those articles" The great men who
formulated our present Constitution and
an the statesmen and people who aided
I'm securing it's adoption, we've too wise
and far-secIng 20 insert In it any proV-
sion for perpetual or indissoluD.a
Union. They know that no such union
can ever Doe made on earth $50 long a5
man IS q free agent and states are SOW
ereigu
And be- It remembered that the separate
eovarcignty of each one of the thirteen
primitive states was salemuly declared
and Acknowledged by tho treaty of peace
with Great Britain signed by peace CONF
wissionors from our country and from
Great Britain. France and Spain in me
CITY of Paris ON the 20-h of November
1872 and finally ratified in the same ciiy
ON the 81 of September. 1853. Thus each
one OF those thirteen sovereign States
was introduced as n fun sovereign, 10
the other sovereign States of the world
one hundred and fifteen years ago! Ana
since that time more than thirty addi-
tional states have been ADDED 20 tha
thirteon-olch with the Same attributes
OF sovereignty Has their separate Sow
orogintv been abr0gated or ann.h.latedR
$50. verify.
In tho Constitution adopted I'm 17S9 there
ig no provision for Dorpefuity Of ne
Union. nor any clause denying to "a
state the right OF secession for sufficient
cause Therefore that right hy neces-
sary Implication. continued To- exist The
right % exercise II was distinctly claim
cd by tho New England States during
tho second term Of Present Jefforsona
by reason nc their dis
satisfaction with the embargo laws,
which they habiuauy reppdiated and
dfs0bcvod Ana this right of secession
was afterwards asserted ana its e2or-
else threatened by people OF tne States
of New Ulmnsh're Vermont Mass2cnn-
saffs. Rhode Island and Connecticut Their
DELEGATES met I'm the Hartford Convcn-
ton" of December 1914 and passed reso-
lutious and adopted public address
which clearly Indicated that they were
So much opposed 10 tho continuance OF
tho war. then I'm progress. thahif n was
NOT arrested and stopped they would
favor secession from tho American
Union and Incorporation into the SOW
eroignty OF Great Britain. Tho news or
the treaty Of peace concluded nc Client
ON the 2lth 90 December l,li put stop
to those movements for secession.
The right 90 secodo from the Union
was as certain as the right 10 acccdo -
90 had been certain TO admit the one
was 10 admit the other For each ono
required neither more nor less than
sovereign power in the state according
to. or seeding from a confederation or
sovereign State. The right to seccde.
therefore was always an implied power
remaining in each State. But by inc acc
ton ~ two sovereign states when they
accodel 20 tho Union this paramount
rirht was made something more than am
implied power. u was made an expires
power. by tho action Of New York and
OF virginia When they agreed to- come
into the Union under the Constitution
OF 1888 each OF them insisted in her
act Of consent. an express provision re-
serving 20 herself the right Of secession,
for sufficient cause. stephens Comp,
IT, s.. p. 1881. Students n. S., page $3.50
And as they were received, with tn's
rights Of secession expressly reserved
into the great governmental partnership
of States. the same right accrued 20
each state, by perfectly established laws
of equity jurisprudence.
Therefore the right % sccedo eNist''
in each State I'm iSi0-el Eleven aiaies
exercised this right. and seeded between