Year: 1864

Mr.. WALTON IL have Just arisen from
the perusal Of most able and satisfactory
article, or letter, from the pen of Chief JUS
tice Redfeld, on the subject Of " American
Secession, and States Rights. Il was pub
lished in London, in the London Law Mag
azine, and Law Review" for Novembr last
and is reply to a secession article published
in the same for August last.


The note of the English editor is quite sig
nihcant Of the deep impression this letter has
produced. 1t is as follows:


"LETTRR OF JUDGE REDFIRLD, OF THE UNI.


TED STATES.


80 The number Of the Law Magasne for August last
(page 3lS) contained article the constitutional
questions involved in the Secession Of the Southern
States of the American Union. Not agreeing
careful TO note in all the opinions expressed by the
writer. inserted the article fair while ii was un.
questonAhly most able statement Of the views


tanned on one side Of the subject discussed therein We
have received from Judge RedRelda dstin xuished
member Of the legal profession and lately Judge la
America, whose excellent work the Law Of Railway,
Ne have had occa aston to notice In this Magazne-ths
following letter in reply the opinions expressed In the
article We have mentioned Under any circumstancss
we should insert Judge Redfeds letter Of fair
ness and courtesy but knowing his reputation law
yer, and his character the American Bench have
peculiar pleasure in ahordng him the opportunity of
stating in this Magazine, and in his words, the
views entertained by him, the present constitutional
erisisin America "-Edtor Of London ~ and Il.


The uistcs Of the letter, to which the Judge
so ably replies, will be felt. by reading sin
gle paragraph, which sums up the result Of
the argument as follows -" Now from what
has been said it is apparent that the States Of
the American Union being sovereign, States
cannot be legally bound to the Union that
as they are not legally bound their secession
from it is not an illegal act, ana that the Fed
eral Government in attempting to adiudicate
upon the right Of dissoving the Federal COM
pact by the respective parties to it is clearly
going beyond its delegated powers and acting
uta vires.' " An array" says the Judge,
" of damaging consequences, depending mere
ly upon gratutous assumptions" He then
proceeds to construct most learned. logical
and interesting plea for the Union. Setting
out with the old " confederation" and exhib-
iting its utter inefficiency, for the very reason
that it was merely League of separate States,
with no central sovereignty. to which the
people owed allegiance, he shows most con-
clusively that the well understood purpose Of
forming the New Constitution was to create
an indissoiuble Union of the People of the
States. But space will not allow me to do
justice by mere notice of this admirable
and timely letter. cannot, however, refrain
from briefly advertiug to one topic, which will
certainly surprise as well as amaze all who are
familiar with the early history Of our otCn
State. 1t seems that the English writer had
attempted to argue for the right, Of secession
from the example of Vermont Claiming
that this State originally, by grant OF the
Crown, was part of the State of New York
and having forcibly seeded from that State
was admitted into the Union, without the
consent of New York OF course Il is easy
to believe that the Judge does not fail to re-
mind his antagonist Of the truths Of History,
and especially that Vermont was only admit
ted to the Union with the consent Of New
York and upon payment Of the sum of thirty
thousand dollars, for the release of her sup
posed claims. This is only one of many in
stances Of the absurd but, il not contradicted,
plausible impositions practsed upon the Eng
lish mind by designing men, and affords
signal proof of the value of this we'll direct
ed effort 1t is an effort in field which has
seemed to rue too much neglected an aim to
reach the legal mind of England. One feels
proud that it has been SO well done, and by
Vermont Judge, who is entitled to the graft
tude OF his country. have only called
your attention to it. simply to say that my
copy, of the number, is at your service, when
ever your columns will admit Of document
of so great length. G.