“1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility.
“2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what maybe absolutely necessary for executing its inspection laws; and the nett produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of tunnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.”
This section plainly and positively prohibits the States from doing certain things without the consent of Congress. They can neither contract alliances, collect revenue, coin money, nor engage in war in their capacity of States.
To guard the powers of the general government from encroachment on the part of the States, and to preserve them intact and unimpaired, the President of the United States, as the chief Executive officer of the government, takes this oath:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States.”
We have thus far enumerated some of the powers delegated by the Constitution to the federal government in the precise language of that constitution, and have shown that the chief executive of the government is sworn to exercise those powers by enforcing the constitution, and, of course, the laws, &c., which are made under its sanction and by its authority.
This constitution was adopted by a vast majority of the people of every State in the Union—adopted too with the understanding that it was perpetually binding—adopted without any proviso for withdrawal or secession in case of dissatisfaction—adopted when it was known that, even to amend it, either two-thirds of both houses of Congress must “propose amendments, or two-thirds of all the State Legislatures unite in an application to call a convention of States for proposing amendments,” and that, when such amendments were proposed, they must “be ratified” by “the legislatures of three-fourths of all the States, or by conventions in three-fourths thereof.” This shows clearly and conclusively that our fathers considered that they were establishing a government indissoluble—a government for all time, incapable of disruption by separate State action or by the violence of local faction.
In the strong light of these facts how are we to regard the present attitude of South Carolina? As treasonable and rebellious to rightful authority, which she herself assisted to establish. She has no right whatever, under the existing compact, to withdraw herself from the Union, or to annul that compact into which she voluntarily entered, when she adopted that constitution. By that adoption she forever signed away such a right—voluntarily she sets her signature to a compact having no such proviso of choice. If she secede then—if she break, or attempt to break, that compact, she engages in a revolution, and revolution is rebellion—revolution is treason. Of that capital crime she, or rather her citizens, are even now guilty. “What constitutes treason? The constitution defines it in Article 3, Section III:
“1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
“2. The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.”