the State, to subscribe Articles of Confederation and Perpetual Union of the United States." A preamble was affixed to the Articles, reciting that the delegates in Congress assembled did on the 15th of November, 1777, "agree to certain Articles of Confederation and Perpetual Union between the States," which are then set forth at large; and they are followed by the formal instrument of ratification, subscribed by the delegates authorized for that purpose, in these words: "And whereas it hath pleased the great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said Articles of Confederation and Perpetual Union: Know ye, That we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and Perpetual Union, and all and singular the matters and things therein contained; and we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in Congress assembled, on all questions which by the said Confederation are submitted to them; and that the articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual." It seems impossible to read the foregoing extracts without a conviction that there was an industrious repetition of the idea that the Union under the Articles was to be perpetual, so that no doubt should ever after be entertained respecting it; and certainly no agreement to that effect could be more explicit than that contained in the closing parts of the Articles and of the ratification. The Articles of Confederation which established this " perpetual," "permanent," "indissoluble" Union, proved to be inadequate to the purpose for which they were adopted, and proceedings were had, from time to time, in Congress, with a view to amendments. The history of the change by which a Union under the Constitution was substituted for that under the Articles of Confederation, need not be set forth at this time. The great defect appeared to be a lack of power in Congress to regulate commerce. But at a meeting of commissioners from five States, held at Annapolis, in September, 1786, a report was made to their respective States, and copies transmitted to Congress, in which they represented the necessity of a convention, with a full attendance and enlarged powers; and recommended the appointment of commissioners "to take into consideration the situation of the United States, to devise such further provisions as shall appear to them necessary to render the Constitution of the federal government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled, as, when agreed to by them, and afterwards confirmed by the legislatures of every State, will effectually provide for the same." A convention was assembled, and finally reported the Constitution, providing for regular legislative, executive, and judicial departments, with enlarged, but limited, powers, appropriate to such departments, and of a national character; by reason of which it became necessary to submit it to the people for ratification. It was ratified, and thus the government organized under it was substituted for the administration existing under the Articles of Confederation. The reasons for its adoption, summarily set forth in the preamble of the instrument itself, are "to form a more perfect Union, establish justice, insure domestic tranquillity, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Now it appears to be preposterous to contend that this more perfect Union, established for posterity as well as for the existing generation, and thus substituted for the perpetual, indissoluble Union under the Articles, is one which was to exist only at the pleasure of each and every State, and to be dissolved when any State shall assert that it is aggrieved, and repeal the act of ratification. The Union could not be made "more perfect in relation to its endurance. It certainly was not intended to be made less perfect in that particular. It These considerations show further, that the political axiom, that "all rightful government is founded upon the consent of the governed," cannot justify or excuse secession. might be urged that the principle asserted is not that government is founded upon the consent of all the persons to be governed, but we pass that. The consent has been given by the ratification of the Constitution. The compact has been made by the Fathers, who vindicated their title to the country, and their right to form the institutions under which it should be governed. The present generation comes in as their successors, and is thus "in privity." The covenant "runs with the land," and binds all persons who occupy it. If any one desires to relieve himself from the obligations which it imposes, he can secede, personally, by transferring his domicile to some other country. NOTE TO PAGE 26. - The first of the Kentucky Resolutions, as printed in the fourth volume of Elliot's Debates, &c., page 540, does not contain the words "its co-States forming as to itself the other party." The omission is doubtless a mere misprint. They are found in the copy of the Resolutions forwarded by Kentucky to the Legislature of Massachusetts immediately after their adoption; in the Resolution as published in 2d Randall's Life of Jefferson, 449; 3d Randall's Life, 616; and in the original draft, printed in 9th Jefferson's Writings, 464. The fourth volume of Elliot, apparently of an edition of 1859, is merely the edition of 1836 with the names of new publishers. |