The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-09
THE ORIGINAL CHARACTER OF
THE UNION.


the Proceedings OF the Massachusetts
Historical Society, Governor chamberlain
arraigns, though in the most courteous
terms, Mr.. Cabot Lodge and me for his
torical heresy touching the understanding
on which the people of the several States
originally entered into the Union. had
formed the opinion that the States in en-
lering the Union did not regard it as IN
dissoluble, but "a dissoluble on breach OF
its conditions, if not at pleasure, Mr. Cabot
Lodge goes further. He says:
When the Constitution was adopted by the votes
OF States at Philadelphia and accepted by the votes
OF states In popular conventions II is safe 10 say
that there was not man in the country. from,
Washington and Hamilton on the one side. 10
George Clinton and George Mason on the other
VINO regarded the new system as ANYTHING but an
experiment entered upon by the states, ana from
which each and every State had the right peace
ably to Withdrawal right which was very likely
TO he exercised.
1 have not, for my part. pretended that
the question is capable of authoritative
settlement. The trainers Of the Constitu-
ton did not settle it, nor did they specify
The seat OF sovereign power, Perhaps
they thought it wiser, in the state of general
feeling which then existed, not to touch
those questions. Judged by the general
spirit and language Of the time. We have
seen that Judge Gray and his fellow Com
missioners in the Mines Report designate
both the nation and the State as sovereign.
AS two powers cannot both be sovereign
in the same territory, this implies in effect
that the question of sovereignty between
the Union and the State is even now I'M
settled. Governor Chamberlain speaks Of
sovereignty as Invisible; but he must surely
mean capable of delegation. Two su-
premacies in the same sphere there surely
could not be. Parting with sovereignty
Ifs abdica'ion, and the power to which il ia
transferred becomes to that extent sover-
eign.
The Federdhst (No. AZ. Madson> saws:
Two questions Of a very delicate nature present
themselves on this occasion First. on what prn =
ciple the confederation. which stands In the solemn
form OF compact among the states can be SUI
persedcd without the unanimous consent OF the
parties TO III Secondly, what relation is TO sub
slst between the nine or more States ratfyng the
Constitution and the remaining few Who do not
become parties to IT.
The first question Is answered az once by re-
curing to the absolute necessity OF the case 10 the
great principle OF self preservation; TO the tran
stcndcnt law Of nature and Of natures God which
declares that the safety and happiness OF society
are the objects at which all political Institutions
aim. and TO which all such institutions must be
sacrtfced Perhaps, also, an answer may he found
without searching beyond the principles OF the
compact itself 1t has been heretofore noted
among the defects OF the confederation. tina, in
many OF the States u had received higher sane
ton than a mere Legislative ratification. The
principle OF recprocalty seems 10 reaulr" that its
obligation on the States should he reduced to the
same standard. A compact between Independent
sovcrcigns. founded on acts Of legislative authority,
can pretend 20 no higher validity than league or
treaty between the parties, II Is an established
doctrine on the subject of treaties that all the
articles are mutually conditions Of each other:
that breach Of any one article is breach Of the
whole treaty; and that a breach committed by
either Of the parties, absolves the others and au-
thorzeS them. II they please. TO pronounce the
compac, violated and void. Should It unhapplly
he necessary 10 appeal 10 these delicate truths
for justification for dispensing with the consent
OF particular States to a dissolution OF the Federal
pact Will not the complaining parties find II a
diff1cult task TO answer the multiplied and I'm
port0m lnfractiors. with which they may be con
fronted' The time has been when 1t was incum-
bent on us all TO veil the ideas which this paragraph
exhibits. The scene Is now changed. and with II
the part which the same motives dictate.
II is difficult to construe this. What
make of it is that the writer would fain
feared to do it. There is surely an element
Of compact in the Constitution. The clause
securing an equal representation of all
States in the Senate is compact with the
minor States. The slavery clauses are
compact with the slave States, which to
slave State might seem morally broken
by Aboltionism, Illustration Of the Fugitive
Slave law and the election Of an avowed
anti-slavery President. Every compact in
wolves right of secession on breach of its
terms.
A description of the proposed Union az
perpetual by one who desired its rejection
would seem to be equivocal evidence. The
object may have been, by presenting the
fatal step AZ final, to alarm and deter
The Virginian Resolutions, the Hartford
Convention and the South Carolina Nullifica-
ton no doubt were, as Governor Chamber
lain says, the offspring of distinct local
and disturbing influence. But the answer
seems to be that there must have been q
traditional belief which the disturbing in
fluence called into play. National rebel
lions do not assume the form of secession.
New States were presently admitted on
a practically national footing For such
of them as had no seaboard and were geo.
graphically walled in, secession was phys
cally impossible. At the North the idea
of indissouble nationality prevailed The
South, having a special and local interest
to guard against attack, chung to the idea of
federation with the right of secession.
However. the difference between Mr..
Chamberlain and me is historical, not
practical. The practical question was set
tied by the war. The rupture was not
at bottom either secession or rebellion. II
was the natural breach between the free
and the slave States. radically antagonis-
tic in their social and political character,
after a period Of uneasy union prolonged
by hollow compromise. But secession was
inscribed on the banner of the Confederacy
and went down with it. II seems almost
"A pity that this result and the sovereignty
of the nation were not formally recognized
and declared,
Now, at all events, the United States
are unquestionably nation. though the
Federal structure remains with most i'm
portant uses. The national Government
is sovereign, and is empowered and bound
in the last resort TO Use its authority, and,
if need be- its force, in all questions which