The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be MetStreight, Abel D.
History
The Crisis of Eighteen Hundred and Sixty-One in the Government of the United States.: Its Cause, and How It Should Be Met
Streight, Abel D.
Secession; United States -- Politics and government -- 1857-1861
It would seem superfluous to add anything to show the nature of that
Union, which connects us; but as erroneous opinions on this subject are
the foundation of doctrines the most destructive to our peace, I must give
some further development to my views on this subject. No one,
fellow-citizens, has a higher reverence for the reserved rights of the
States, than the magistrate, who now addresses you. No one would make
greater personal sacrifices, or official exertions to defend them from
violation; but equal care must be taken to prevent, on their part, an
improper interference with, or resumption of the rights they have vested
in the nation. The line has not been so distinctly drawn, as to avoid
doubts in some cases of the exercise of power. Men of the best intentions,
and soundest views, may differ in their construction of some parts of the
constitution; but there are others, on which dispassionate reflection can
leave no doubt. Of this nature appears to be the assumed right of
secession. It rests, as we have seen, on the alleged undivided sovereignty
of the States, and on their having formed, in this sovereign capacity, a
compact, which is called the constitution, from which, because they made
it, they have the right to secede. Both of these positions are erroneous,
and some of the arguments to prove them so have been anticipated.
The States severally have not retained their entire sovereignty. It has
been shown, that, in becoming parts of a nation, not members of a league,
they surrendered many of their essential parts of sovereignty. The right
to make treaties, declare war, levy taxes, exercise exclusive judicial
and legislative powers, were all of them functions of sovereign power. The
States, then, for all these purposes, were no longer sovereign. The
allegiance of their citizens was transferred, in the first instance, to
the government of the United States; they became American citizens, and
owed obedience to the constitution of the United States, and to laws made
in conformity with the powers it vested in congress. This last position
has not been, and cannot be denied. How, then, can that State be said to
be sovereign and independent whose citizens owe obedience to laws not made
by it, and whose magistrates are sworn to disregard those laws when they
come in conflict with those passed by another? What shows conclusively
that the States cannot be said to have reserved an undivided sovereignty,
is, that they expressly ceded the right to punish treason, not treason
against their separate power, but treason against the United States.
Treason is an offence against _sovereignty_, and sovereignty must reside
with the power to punish it. But the reserved rights of the States are not
less sacred because they have, for their common interest, made the general
government the depository of these powers.
Public-domain text, read in full here on John Shaqi.
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