Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present timeVarious
History
Key-Notes of American Liberty: Comprising the most important speeches, proclamations, and acts of Congress, from the foundation of the government to the present time
Various
United States -- History -- Sources
The Constitution of the United States, then, forms a _government_, not a
league, and whether it be formed by compact between the States, or in
any other manner, its character is the same. It is a government in which
all the people are represented, which operates directly on the people
individually, not upon the States; they retained all the power they did
not grant. But each State having expressly parted with so many powers as
to constitute jointly with the other States a single nation, can not
from that period possess any right to secede, because such secession
does not break a league, but destroys the unity of a nation, and any
injury to that unity is not only a breach which would result from the
contravention of a compact, but it is an offense against the whole
Union. To say that any State may at pleasure secede from the Union, is
to say that the United States is not a nation; because it would be a
solecism to contend that any part of a nation might dissolve its
connection with the other parts, to their injury or ruin, without
committing any offense. Secession, like any other revolutionary act, may
be morally justified by the extremity of oppression; but to call it a
constitutional right, is confounding the meaning of terms, and can only
be done through gross error, or to deceive those who are willing to
assert a right, but would pause before they made a revolution, or incur
the penalties consequent upon a failure.
Because the Union was formed by compact, it is said the parties to that
compact may, when they feel aggrieved, depart from it; but it is
precisely because it is a compact that they cannot. A contract is an
agreement or binding obligation. It may by its terms have a sanction or
penalty for its breach, or it may not. If it contains no sanction, it
may be broken with no other consequence than moral guilt; if it have a
sanction, then the breach incurs the designated or implied penalty. A
league between independent nations, generally, has no sanction other
than a moral one; or if it should contain a penalty, as there is no
common superior, it cannot be enforced. A government, on the contrary,
always has a sanction, express or implied; and, in our case, it is both
necessarily implied and expressly given. An attempt by force of arms to
destroy a government is an offense, by whatever means the constitutional
compact may have been formed; and such government has the right, by the
law of self-defense, to pass acts for punishing the offender, unless
that right is modified, restrained, or resumed by the constitutional
act. In our system, although it is modified in the case of treason, yet
authority is expressly given to pass all laws necessary to carry its
powers into effect, and under this grant provision has been made for
punishing acts which obstruct the due administration of the laws.
Public-domain text, read in full here on John Shaqi.
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