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To: Non-Sequitur
And nothing in it implying that they could secede unilaterally.

In this article provision was deliberately made for the secession (if necessary) of a part of the States from a union(Articles of Confederation), which, when formed, had been declared "perpetual," and its terms and articles to be "inviolably observed by every State." Opposition was made to the provision on this very ground—that it was virtually a dissolution of the Union,(Articles of Confederation) and that it would furnish a precedent for future secessions. Mr. Gerry, a distinguished member from Massachusetts—afterward Vice-President of the United States—said, "If nine out of thirteen (States) can dissolve the compact,(Articles of Confederation) six out of nine will be just as able to dissolve the future one (The Constitution) hereafter." Mr. Madison, who was one of the leading members of the Convention, advocating afterward, in the "Federalist," the adoption of the new Constitution, asks the question, "On what principle the Confederation, which stands in the solemn form of a compact among the States, can be superseded without the unanimous consent of the parties to it?

" He answers this question "by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed." He proceeds, however, to give other grounds of justification: "It is an established doctrine on the subject of treaties, that all the articles are mutually conditions of each other; that a breach of any one article is a breach of the whole treaty; and that a breach committed by either of the parties absolves the others, and authorizes them, if they please, to pronounce the compact violated and void. .... with a recognition of the right of the recusant minority to withdraw, secede, or stand aloof.The idea of compelling any State or States to enter into or to continue in union with the others by coercion, is as absolutely excluded under the one supposition as under the other—with reference to one State or a minority of States, as well as with regard to a majority. The article declares that "the ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution"—not between all, but—"between the States so ratifying the same."

I think Madison implies it pretty well here.
1,418 posted on 06/02/2007 1:22:12 PM PDT by smug (Free Ramos and Compean:)
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To: smug
I think Madison implies it pretty well here.

I think that Madison is more explicit here:

"The conduct of S. Carolina has called forth not only the question of nullification; but the more formidable one of secession. It is asked whether a State by resuming the sovereign form in which it entered the Union, may not of right withdraw from it at will. As this is a simple question whether a State, more that an individual, has a right to violate its engagements, it would seem that it might be safely left to answer itself. But the countenance given to the claim shows that it cannot be so lightly dismissed. The natural feelings which laudably attach the people composing a State, to its authority and importance, are at present too much excited by the unnatural feelings, with which they have been inspired against their brethren of other States, not to expose them, to the danger of being misled into erroneous views of the nature of the Union and the interest they have in it. One thing at least seems to be too clear to be questioned; that whilst a State remains within the Union it cannot withdraw its citizens from the operation of the Constitution laws of the Union. In the event of an actual secession without the Consent of the Co-States, the course to be pursued by these involves questions painful in the discussion of them. God grant that the menacing appearances, which obtruded it may not be followed by positive occurrences requiring the more painful task of deciding them!"

And here Madison gets more to the point:

"An inference from the doctrine that a single State has the right to secede at will from the rest is that the rest would have an equal right to secede from it; in other words, to turn it, against its will, out of its union with them. Such a doctrine would not, till of late been palatable anywhere, and nowhere less so than where it is now most contended for."

And in his letter to Danial Webster, Madison minces no words:

"I return my thanks for the copy of your late very powerful Speech in the Senate of the United S. It crushes "nullification" and must hasten the abandonment of "Secession." But this dodges the blow by confounding the claim to secede at will, with the right of seceding from intolerable oppression. The former answers itself, being a violation, without cause, of a faith solemnly pledged. The latter is another name only for revolution, about which there is no theoretic controversy."

1,429 posted on 06/03/2007 6:18:07 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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