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Page 50
ALFRED IVERSON,
OF GEORGIA. (BORN 1798, DIED 1874.)
ON SECESSION; SECESSIONIST OPINION;
IN THE UNITED STATES SENATE, DECEMBER 5, 1860
I do not rise, Mr. President, for the purpose of entering,at any length
into this discussion, or to defend the President's message, which
has been attacked by the Senator from New Hampshire.* I am not the
mouth-piece of the President. While I do not agree with some portions
of the message, and some of the positions that have been taken by the
President, I do not perceive all the inconsistencies in that document
which the Senator from New Hampshire has thought proper to present.
It is true, that the President denies the constitutional right of a
State to secede from the Union; while, at the same time, he also states
that this Federal Government has no constitutional right to enforce or
to coerce a State back into the Union which may take upon itself the
responsibility of secession. I do not see any inconsistency in that.
The President may be right when he asserts the fact that no State has a
constitutional right to secede from the Union. I do not myself place the
right of a State to secede from the Union upon constitutional grounds. I
admit that the Constitution has not granted that power to a State. It is
exceedingly doubtful even whether the right has been reserved. Certainly
it has not been reserved in express terms. I therefore do not place
the expected action of any of the Southern States, in the present
contingency, upon the constitutional right of secession; and I am not
prepared to dispute therefore, the, position which the President has
taken upon that point.
I rather agree with the President that the secession of a State is
an act of revolution taken through that particular means or by that
particular measure. It withdraws from the Federal compact, disclaims any
further allegiance to it, and sets itself up as a separate government,
an independent State. The State does it at its peril, of course, because
it may or may not be cause of war by the remaining States composing the
Federal Government. If they think proper to consider it such an act
of disobedience, or if they consider that the policy of the Federal
Government be such that it cannot submit to this dismemberment, why then
they may or may not make war if they choose upon the seceding States. It
will be a question of course for the Federal Government or the remaining
States to decide for themselves, whether they will permit a State to
go out of the Union, and remain as a separate and independent State, or
whether they will attempt to force her back at the point of the bayonet.
That is a question, I presume, of policy and expediency, which will be
considered by the remaining States composing the Federal Government,
through their organ, the Federal Government, whenever the contingency
arises.
But, sir, while a State has no power, under the Constitution, conferred
upon it to secede from the Federal Government or from the Union, each
State has the right of revolution, which all admit. Whenever the burdens
of the government under which it acts become so onerous that it cannot
bear them, or if anticipated evil shall be so great that the
State believes it would be better off--even risking the perils of
secession--out of the Union than in it, then that State, in my
opinion, like all people upon earth has the right to exercise the
great fundamental principle of self-preservation, and go out of the
Union--though, of course, at its own peril--and bear the risk of the
consequences. And while no State may have the constitutional right to
secede from the Union, the President may not be wrong when he says the
Federal Government has no power under the Constitution to compel the
State to come back into the Union. It may be a _casus omissus_ in the
Constitution; but I should like to know where the power exists in the
Constitution of the United States to authorize the Federal Government
to coerce a sovereign State. It does not exist in terms, at any rate, in
the Constitution. I do not think there is any inconsistency, therefore,
between the two positions of the President in the message upon these
particular points.
The only fault I have to find with the message of the President, is the
inconsistency of another portion. He declares that, as the States have
no power to secede, the Federal Government is in fact a consolidated
government; that it is not a voluntary association of States. I deny it.
It was a voluntary association of States. No State was ever forced to
come into the Federal Union. Every State came voluntarily into it.
It was an association, a voluntary association of States; and the
President's position that it is not a voluntary association is, in my
opinion, altogether wrong.
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