Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and HistoricallyLoring, Caleb William
History
Nullification, Secession, Webster's Argument, and the Kentucky and Virginia Resolutions: Considered in Reference to the Constitution and Historically
Loring, Caleb William
Nullification (States' rights); Secession
As far as secession is concerned, the most important provision in the
Constitution is Section 3, of Article III., concerning treason. There is
no such thing as treason except where allegiance is due. The citizen of
an independent sovereign State owes his allegiance to it, and not to a
confederacy or a league the State has joined. There can be no treason
except against a government proper. The establishing by the Constitution
of the punishment of treason, implies the nationality of the Union, and
that every inhabitant of its domain is a citizen. In the articles of the
old Confederacy there was no punishment of treason; on the contrary,
each State agreed in those articles to deliver up to its sister States
any one that it might claim had committed treason.
The first part of the two clauses of Section 3 are “Treason against the
United States shall consist only in levying war against them, or in
adhering to their enemies, giving them aid and comfort,” and “The
Congress shall have the power to declare the punishment of treason.”
The peculiarity of the introduction of this first clause is to be
noticed: it is taken for granted that there is treason against the
United States, and that it is expedient to limit it. The founders of our
new government did not intend to have rash speech, or plots, or mere
resistance to its authority punishable as the high crime of treason.
They knew from the experience of their mother country the danger to
personal liberty from constructive treason; so they limited the power to
punish that offence, and gave it only in case of levying of war, or
aiding and adhering to enemies.
It has been claimed by many writers North as well as South, that
admitting secession to be illegal, the United States had no authority to
use force against a seceding State. At the foundation of all government
must be the right to maintain itself, and by force when necessary. There
is no need of the declaration of this right. The establishment of a
government implies the power to compel the obedience of its subjects.
This power in the government to punish as treason the levying of war
against it applies directly and expressly to a State, or a combination
of States, or a part of a State levying war. A foreign state, an enemy
levying war, cannot commit treason. Its subjects owe no allegiance. Nor
does a riot or a mob levy war. This making the levying of war treason
was intended for powers within the National Government, like States and
combination of States and parts of States. It was against some power
that should have the organization and ability to levy or wage war; and
the word levying is far reaching and extends beyond mere fighting. It
could not have been intended for anything else than coercing such
powers.
Public-domain text, read in full here on John Shaqi.
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