Page:Nature and Character of our Federal Government.djvu/81

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OUR FEDERAL GOVERNMENT.
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and precision, in the statement of his proposition. The people who make a law, can, upon the principles of all our institutions, either "repeal or abrogate or suspend it;" and if, as he supposes, our constitution was made by "the people of the United States," in the aggregate, then "the people of any State," or of half a State, may repeal, or abrogate, or suspend it, if they happen to be a majority of the whole. The argument, therefore, if we are to take it in the full latitude in which it is laid down, is not sound, upon the author's own principles; and it can avail nothing, except upon the very supposition which he disallows; to wit, that the Constitution was formed by the States, and not by the people of the United States. Even in this acceptation, however, I am at a loss to perceive how it establishes the proposition with which he set out; to wit, that the Constitution is not a compact. Certainly it is very possible so to frame a compact, that no party to it shall have a right either to "repeal or abrogate or suspend it;" and if it be possible to do so, then the mere absence of such right does not even tend to disprove the existence of compact. Our own Constitution, even in the opinion of those who are supposed by the author to be least friendly to it, is a compact of precisely this nature. The Nullifier contends only for the right of a State to prevent the Constitution from being violated by the general government, and not for the right either to repeal, abrogate or suspend it. The Seceder asserts only that a State is competent to withdraw from the Union whenever it pleases; but does not assert that in so doing it can repeal, or abrogate or suspend the Constitution, as to the other States. Secession would, indeed, utterly destroy the compact as to the seceding party; but would not necessarily affect its obligation as to the rest. If it would, then the rest would have no right to coerce the seceding State, nor to place her in the attitude of an enemy. It is certain, I think, they would not have such right; but those who assert that they would—and the author is among the number—must either abandon that idea, or they must admit that the act of secession does not break up the Constitution, except as to the seceding State. For the moment the Constitution is destroyed, all the authorities which it has established cease to exist. There is no longer such a government as that of the United States, and, of