|
e it is not forgotten that all the new
States framed their constitutions before they entered the
Union,--nevertheless, dependent upon and preparatory to coming into the
Union.
Unquestionably the States have the powers and the rights reserved to
them in and by the National Constitution; but among these, surely, are
not included all conceivable powers, however mischievous or destructive;
but, at most, such only as were known in the world at the time, as
governmental powers; and, certainly, a power to destroy the government
itself had never been known as a governmental--as a merely
administrative power. This relative matter of National power and States
rights, as a principle, is no other than the principle of generality and
locality. Whatever concerns the whole world should be confided to the
whole--to the General Government; while whatever concerns only the
State should be left exclusively to the State. This is all there is of
original principle about it.... What is now combated, is the position
that secession is consistent with the Constitution--is lawful and
peaceful. It is not contended that there is any express law for it; and
nothing should ever be implied as law which leads to unjust or absurd
consequences.
The nation purchased with money the countries out of which several of
these States were formed; is it just that they shall go off without
leave and without refunding? The nation paid very large sums (in the
aggregate, I believe, nearly a hundred millions) to relieve Florida of
the aboriginal tribes; is it just that she shall now be off without
consent, or without making any return? The nation is now in debt for
money applied to the benefit of these so-called seceding States in
common with the rest; is it just that the creditors shall go unpaid, or
the remaining States pay the whole?... Again, if one State may secede,
so may another; and when all shall have seceded, none is left to pay the
debts. Is this quite just to the creditors? Did we notify them of this
sage view of ours when we borrowed their money? If we now recognize this
doctrine by allowing the seceders to go in peace, it is difficult to see
what we can do if others choose to go, or to extort terms upon which
they will promise to remain.
The seceders insist that our Constitution admits of secession. They have
assumed to make a national constitution of their own, in which, of
necessity, they have either discarded or retained the right of
secession
|