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powers, whilst the State remains in the Confederacy, is NATIONAL; and consequently a State remaining in the Confederacy and enjoying its benefits cannot, by any mode of procedure, withdraw its citizens from the obligation to obey the Constitution and the laws passed in pursuance thereof. But when a State does secede, the Constitution and laws of the United States cease to operate therein. No power is conferred on Congress to enforce them. Such authority was denied to the Congress in the convention which framed the Constitution, because it would be an act of war of nation against nation--not the exercise of the legitimate power of a government to enforce its laws on those subject to its jurisdiction. The assumption of such a power would be the assertion of a prerogative claimed by the British Government to legislate for the Colonies in all cases whatever; it would constitute of itself a dangerous attack on the rights of the States, and should be promptly repelled._ There was a great thunder of assent. "That is our doctrine--bred in the bone--dyed in the weaving! Jefferson, Madison, Marshall, Washington, Henry--further back yet, further back--back to Magna Charta!" _These principles, resulting from the nature of our system of confederate States, cannot admit of question in Virginia. In 1788 our people in convention, by their act of ratification, declared and made known that the powers granted under the Constitution, being derived from the people of the United States, may be resumed by them whenever they shall be perverted to their injury and oppression. From what people were these powers derived? Confessedly from the people of each State, acting for themselves. By whom were they to be resumed or taken back? By the people of the State who were then granting them away. Who were to determine whether the powers granted had been perverted to their injury or oppression? Not the whole people of the United States, for there could be no oppression of the whole with their own consent; and it could not have entered into the conception of the Convention that the powers granted could not be resumed until the oppressor himself united in such resumption. They asserted the right to resume in order to guard the people of Virginia, for whom alone the Convention could act, against the op
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