21

359. "The power of compelling the militia and other citi-
zens of the United States, by a forcible draft or conscription,
to serve in the regular armies, as' proposed in a late official
letter of the Secretary of War, is not delegated to Congress
by the Constitution, and the exercise of it would be not less
dangerous to their liberties than hostile to the sovereignty of
the States."

In this whole series of devices and measures for raising
men, this Convention discern a total disregard for the Consti-
tution, and a disposition to violate its provisions, demanding
from the individual States a firm and decided opposition. An
iron despotism can impose no harder servitude upon the citi-
zen, than to force him from his home and occupation, to wage
oppressive wars, undertaken to gratify the pride of passions
of this master"

History Hartford Convention, 361.

"That the Acts of Congress, in violation of the Constitu-
tion, are absolutely void, is an undeniable position. It does
not, however, consist with respect and forbearance due from a
confederate State towards the General Government to fly to
open resistance upon every infraction of the Constitution.
The mode and energy of the opposition should always con-
form to the nature of the violation, the intention of its authors,
the extent of the injury inflicted, the determination mani-
fested to persist in it, and the danger of delay. But in cases
of deliberate, dangerous and palpable infractions of the Consti-
tution, affecting the sovereignty of a State, and liberties of the
people, it is not only the right but the duty of such State to in-
terpose its authority for their protection, in the manner best cal-
culated to secure that end. When emergencies occur which are
either beyond the reach of the judicial tribunals, or too press-
' ing to admit of the delay incident to their forma, States which
have no common umpire must be their own judges and
execute their own decisions."

In 1825, there was published in Philadelphia a Commen-
tary on the Constitution of the United States, by William
Rawle, L. L. D., an eminent lawyer and philosopher of that
city. A second edition of the same work appeared in 1829,
in which the author said, "The principles laid down in the
first remain unaltered; the author has seen no reason for
any change of them."

The following extracts are taken from the concluding
chapter, "on the permanence of the Union."

"The Union is an association of republics—its preservation
is calculated to depend on the preservation of these republics.
The people of each pledge themselves to preserve that form
of government in all." ******

"It depends on the State itself to retain or abolish the
principle of representation, because it depends upon the State
itself, whether it shall continue a member of the Union."