New York [7]
But we are willing to concede this point and admit that it does. Can the vote of a single State, which is one of a body of thirty, and which is bound to submit to the decision of a legal majority, be deemed a sovereign vote? Assuming that the whole power of the Government of the United States were in the Senate, would any one State be sovereign in such a condition of things? We think not. But the Senate does not constitute by any means the whole or the half of the authority of this Government; its legislative power is divided with a popular body, without the concurrence of which it can do nothing; this dilutes the sovereignty to a degree that renders it very imperceptible, if not very absurd. Nor is this all. After a law is passed by the concurrence of the two houses of Congress it is sent to a perfectly independent tribunal to decide whether it is in conformity with the principles of the great national compact; thus demonstrating, as we assume, that the sovereignty of this whole country rests, not in its people, not in its States, but in the Government of the Union.
Sovereignty, and that of the most absolute character, is indispensable to the right of secession: Nay, sovereignty, in the ordinary acceptation of the meaning of the term, might exist in a State without this right of secession. We doubt if it would be held sound doctrine to maintain that any single State had a right to secede from the German Confederation, for instance; and many alliances, or mere treaties, are held to be sacred and indissoluble; they are only broken by an appeal to violence.
Every human contract may be said to possess its distinctive character. Thus, marriage is to be distinguished from a partnership in trade, without recurrence to any particular form of words. Marriage, contracted by any ceremony whatever, is held to be a contract for life. The same is true of governments: in their nature they are intended to be indissoluble. We doubt if there be an instance on record of a government that ever existed, under conditions, expressed or implied, that the parts of its territory might separate at will. There are so many controlling and obvious reasons why such a privilege should not remain in the hands of sections or districts, that it is unnecessary to advert to them. But after a country has rounded its territory, constructed its lines of defence, established its system of custom-houses, and made all the other provisions for security, convenience, and concentration, that are necessary to the affairs of a great nation, it would seem to be very presumptuous to impute to any particular district the right to destroy or mutilate a system regulated with so much care.
The only manner in which the right of secession could exist in one of the American States, would be by an express reservation to that effect, in the Constitution. There is no such clause; did it exist it would change the whole character of the Government, rendering it a mere alliance, instead of being that which it now is--a lasting Union. But, whatever may be the legal principles connected with this serious subject, there always exists, in large bodies of men, a power to change their institutions by means of the strong hand. This is termed the right of revolution, and it has often been appealed to to redress grievances that could be removed by no other agency. It is undeniable that the institution of domestic slavery as it now exists in what are termed the Southern and South-Western States of this country, creates an interest of the most delicate and sensitive character. Nearly one half of the entire property of the slave-holding States consists in this right to the services of human beings of a race so different from our own as to render any amalgamation to the last degree improbable, if not impossible. Any one may easily estimate the deep interest that the masters feel in the preservation of their property. The spirit of the age is decidedly against them, and of this they must be sensible; it doubly augments their anxiety for the future. The natural increase, moreover, of these
Sovereignty, and that of the most absolute character, is indispensable to the right of secession: Nay, sovereignty, in the ordinary acceptation of the meaning of the term, might exist in a State without this right of secession. We doubt if it would be held sound doctrine to maintain that any single State had a right to secede from the German Confederation, for instance; and many alliances, or mere treaties, are held to be sacred and indissoluble; they are only broken by an appeal to violence.
Every human contract may be said to possess its distinctive character. Thus, marriage is to be distinguished from a partnership in trade, without recurrence to any particular form of words. Marriage, contracted by any ceremony whatever, is held to be a contract for life. The same is true of governments: in their nature they are intended to be indissoluble. We doubt if there be an instance on record of a government that ever existed, under conditions, expressed or implied, that the parts of its territory might separate at will. There are so many controlling and obvious reasons why such a privilege should not remain in the hands of sections or districts, that it is unnecessary to advert to them. But after a country has rounded its territory, constructed its lines of defence, established its system of custom-houses, and made all the other provisions for security, convenience, and concentration, that are necessary to the affairs of a great nation, it would seem to be very presumptuous to impute to any particular district the right to destroy or mutilate a system regulated with so much care.
The only manner in which the right of secession could exist in one of the American States, would be by an express reservation to that effect, in the Constitution. There is no such clause; did it exist it would change the whole character of the Government, rendering it a mere alliance, instead of being that which it now is--a lasting Union. But, whatever may be the legal principles connected with this serious subject, there always exists, in large bodies of men, a power to change their institutions by means of the strong hand. This is termed the right of revolution, and it has often been appealed to to redress grievances that could be removed by no other agency. It is undeniable that the institution of domestic slavery as it now exists in what are termed the Southern and South-Western States of this country, creates an interest of the most delicate and sensitive character. Nearly one half of the entire property of the slave-holding States consists in this right to the services of human beings of a race so different from our own as to render any amalgamation to the last degree improbable, if not impossible. Any one may easily estimate the deep interest that the masters feel in the preservation of their property. The spirit of the age is decidedly against them, and of this they must be sensible; it doubly augments their anxiety for the future. The natural increase, moreover, of these