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No Colony or State then dreamed of carrying it on, only by itself or for itself. Common danger-a common cause, and a common end, united them in that immortal conflict, as closely, practically, for a time, as the present Constitution unites us.

It was soon found, however, that that bond was not to be relied upon, and the articles of confederation, agreed upon by Congress in November, 1777, and ratified by every State in March, 1780, took its place.

The object of these was to render the Union more secure, by vesting in the General Government the powers then deemed necessary to that end, and for its continuance forever. A few years' experience, however, demonstrated their defects. These, too, were found to be fatal to its wholesome operation and its perpetuity. What these were, your recollection will readily recall to you. The great, the leading one, you will remember, was that the principal powers were made to depend for their execution on the States as States. That this was destructive of the purpose, soon became evident. State pride, State policy, State prejudice, State rivalry, supposed conflicting interests, made some of the States oblivious to the obligations of their compact. It was but a compact. It was called in the third article a "league.' The thirteenth stipulated that it should be inviolably observed by every State," and that the Union "be perpetual.' But this was mere promise. No means were provided for its enforcement. Each State, as a State, retained its sovereignty, freedom and independence, and every power, jurisdiction and right not expressly delegated.

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The whole constituted but a compact, a treaty, between the States, as such. No authority was given the Government to act directly upon the people. They, in each State, could only be effected by and through State sovereignty. The powers were in themselves apparently comprehensive and adequate. The vice was the absence of sufficient means to enforce them. For want of this instrumentality they failed. It was soon seen by the patriotic statesmen of the day that this defect was fatal to union. Experience hourly demonstrated it. Union, however, was not to be abandoned.

Nor was that only hope of preserving our freedom and our happiness abandoned by them. They early took steps to avert it. The result was the present Constitution of the United States. Does that correct the chief, the ruinous defect of the confederation? That it was adopted with that view we know. Has it accomplished it? If it has not, the failure, until now, has not appeared. So far it has proved capable, by its own inherent energy, to execute its own powers, and protect itself by its own means.

The fancy, it is but a fancy-it is not entitled to the dignity of being called a theory-that this, like the former, is but a compact which can only be practically enforced under State assent, and at any time be legally terminated by State power, until recently has never seriously been maintained. Some years ago South Carolina, that gallant State of vast pretensions but little power, though apparently in her own conceit able to meet the world in arms, ventured to act upon the fancy. In that day, however, statesmen ruled over us, an iron and patriotic will wielded the Executive power, and the Senate chamber was filled with the counsels of Webster. There it ventured in January, 1830, to assert its soundness. A favored son of the State, with South Carolina's reckless, unreflecting daring, was bold enough to challenge the great expounder to the contest. Right nobly, too, did he conduct himself, but his cause was bad-his fate and the fate of his cause was known in advance-they were alike sure of the same destiny-signal, signal defeat. On the 26th of that month the great Northern statesman spoke as no man ever spake before, and the doctrine and its gallant champion fell together. That speech, too, did more than make the name of Webster immortal. It achieved more,

much more, than a triumph over the Southerner and his fancy. It fired the patriotic heart of the country. It made it rejoice that that country was ours, then and forever. It planted deep, deep in "every true American heart" that sentiment so vital to our duty, our honor, our fame, our power, our happiness, our freedom, "Liberty and Union, now and forever, one and inseparable."

The fancy, however, is now revived. Gentlemen in the public councils, of rare ability, are perverting that ability to maintain it. The public mind of the South to an alarming extent is being deluded by it. Treason, under its supposed protection, is being perpetrated. The Union is attempted to be severed by it, and it is producing its natural results— solicitude, distress, agony inconceivable at home, and unexampled wonder, and our shame, degradation abroad.

The defences of the nation, erected at enormous expense out of a common treasure, for the protection of common. rights, are being seized. Our glorious national airs hissed, derided and execrated, under its authority. The flag, the glorious flag that never yielded to a foreign foe, is shamelessly being dishonored, torn to pieces, trodden to the earth by the very children of the fathers who adopted it, went as brothers together to battle-to death-or to victory under its inspiring, sacred folds; and bequeathed it as the emblem of a common brotherhood, a common destiny and a common freedom. A doctrine leading to such consequences cannot be true. Our great patriotic dead never could have left such a doctrine to us. It was that very vice existing in the Confederation, and found to be leading to just such results, which they designed to correct and annihilate by the Constitution. Compact, league, power only to be exerted upon States, was that vice? Is this, in spite of their purpose, and what they evidently supposed they had accomplished, still in the Constitution?

Wiser, greater men, more accomplished statesmen, have never lived before or since. How could such men have made such a failure? The question almost answers itself. The very supposition slanders their memory. But the work itself, in almost every line of it, demonstrates its injustice and absurdity. "A more perfect Union" is stated in its very first line, to be its object. "Justice" for all, "domestic tranquility" for all, "the common defence," "the general welfare," are stated as the ends of such Union, and, as the means of securing it, it says, "we, the people of the United States," not of any one State, but of all in the aggregate, "do ordain this Constitution for the United States

of America," not for the States separately, but for all as one; not a league or compact, but a Constitution, a Government.

And then mark its powers. By the first section, first article, "all legislative powers herein granted" are vested in Congress. The power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of all, with no distinction or limit as to the first, and no other as to the rest, but that they "be uniform throughout the United States, is granted; the power to borrow on the credit of all, to regulate commerce with foreign nations, among the States, and with the Indian tribes; to coin money and regulate its value, to punish certain crimes, treason included, against the United States; to declare war, to raise and support armies, to provide and maintain a navy, to provide for calling the militia to execute the laws of the Union, suppress insurrection and repel invasion; for organizing, &c. the militia, and a variety of other powers, in their nature exclusive, and wholly independent of State power or sovereignty, exerted in any mode, whether by State or people, are granted.

All executive power, too, is vested in the President with no limitations whatever any way dependent on State authority, and all judicial power in a judiciary, in and over every variety of case involving the authority of the United States, or the individual rights of person and property, and obligations of the United States intended to be secured or imposed by the Constitution, and finally these powers are all to be enforced, not on the citizen through his State, but upon the former directly.

It follows, consequently, that the offending citizen cannot rely as a defence on State power. His responsibility is to the United States alone. His allegiance, his paramount allegiance, out of which the responsibility springs, as to all these powers, is to that Government alone. His State cannot legally protect him or stand in his place. Her prior sovereignty as to this was extinguished by the act of the people in adopting the Constitution, never again to be

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resumed under that instrument. A State or the people of a State may attempt its overthrow, but the attempt is treason if made with force, it being a "levying war against the United States," an act defined to be treason by the third section of the article.

But it has, in these degenerate days, recently and even in Congress, and with great gravity and apparent confidence, been insisted in support of the right of secession. that as secession, in fact, places a State out of the Union, there is no power in the General Government to prevent it in advance, or redress it if done, because it has no powers that are not granted, and the power to make war upon a State is not granted.

Admitting, for argument sake, that this is so, and that being so, no remedy exists, would this justify or excuse the act? That the State and her people are subject to all the obligations of the Constitution is clear. Its legislative and all its Executive and judicial officers are in express terms bound by oath to support the Constitution.

This oath is not fulfilled by secession. That, intentionally violates and destroys, instead of supporting. She has, too, incurred under it, liabilities in common with her sisters. These have been contracted by all and for all. Treaties are made, debts are contracted, fortifications, arsenals, a navy, navy yards, custom houses, a capitol, an executive mansion, court houses, and other public buildings, light houses, post offices, are constructed at enormous expense with the money of all, for the benefit of all. Immense territory has been acquired in the same way, or by joint valor. Does the seceding State get clear by secession of these treaties and debts? Does she take with her any, and, if any, what interest in the public property? That which is within the limits of the States was acquired with the consent of each, and which, under the very language of the Constitution, not only makes it, thenceforth, the property of the United States, but clothes them with the right of exclusive legislation over it. Thenceforth such portions of her territory ceased to be hers, and as effectually as if it never had been within her limits, and became eo instanti-the cession

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