By: John M. Taylor
The Declaration of Independence asserts the God-given right to representative self-government. Many in Great Britain viewed secession as treasonous, since the colonies were part of an empire—not a voluntary union. Patrick Henry famously declared: “If this be treason, make the most of it.”
After winning their independence, the “free, sovereign and independent States” created a federal government, delegating responsibilities best administered on a general level—such as creating a common currency, conducting foreign policy, and protecting the borders of the states and the country. The first government was established under the Articles of Confederation and Perpetual Union (the term “perpetual” signifying there was no predetermined expiration date). Article II of the Articles references the retention of State sovereignty, mirroring the 1783 Treaty of Paris. State sovereignty, of course, cannot be “retained” if it does not already exist.
Advocates for a stronger federal government, known as centralizers, sought to expand federal authority but assured skeptics that the new U.S. Constitution would still honor State sovereignty. Even nationalists like Alexander Hamilton described the Constitution as a compact between the states. However, Patrick Henry “smelled a rat” and urged the Southern states to reject the Constitution, largely due to his distrust of certain “Puritans.” Henry feared that, once in the majority, these factions would relegate the South to a virtual colonial status. Despite his opposition, nine states “seceded” from the Articles of Confederation and the U.S. Constitution became the new foundation of government.
Three states—Virginia, New York, and Rhode Island—demonstrated foresight by including Resumption Clauses as a condition of their ratification of the Constitution. These clauses are as follows:
Virginia
“Do in the name and in behalf of the People of Virginia declare and make known that the powers granted under the Constitution being derived from the People of the United States may be resumed by them whensoever the same shall be perverted to their injury or oppression and that every power not granted thereby remains with them and at their will.”
New York
“That the Powers of Government may be resumed by the People, whensoever it shall become necessary to their Happiness; that every Power, Jurisdiction and right which is not by the said Constitution clearly delegated to the Congress of the United States, or the departments of the government thereof, remains to the People of the several States, or to their respective State Governments to whom they may have granted the same…”
Rhode Island
“That the powers of government may be resumed by the people, whensoever it shall become necessary to their happiness: That the rights of the States respectively to nominate and appoint all State Officers, and every other power, jurisdiction and right, which is not by the said constitution clearly delegated to the Congress of the United States or to the departments of government thereof, remain to the people of the several states, or their respective State Governments to whom they may have granted the same…”
Rhode Island narrowly voted to ratify the U.S. Constitution on May 29, 1790, nearly two years after New Hampshire, the ninth state, made the Constitution official with its ratification on June 21, 1788.
The perceptiveness of these Resumption Clauses became evident at several critical moments in U.S. history. Most notably, the 1828 Tariff of Abominations, which imposed import duties of up to 61 percent, was viewed as a violation of the uniformity clause (Article I, Section 8, Clause 1) and was seen as a potential path to economic ruin. In response, South Carolina nullified the tariff. This prompted the passage of a Force Bill, which authorized Andrew Jackson to use the military to collect import duties. Fortunately, cooler heads prevailed, war was averted, and the tariff was lowered over time. However, this conflict foreshadowed future sectional disagreements.
Sources:
Union At All Costs: From Confederation to Consolidation, by John M. Taylor;
“Patrick Henry,” A-Z Quotes, at: https://www.azquotes.com/quote/130162;
“This Thing We Call Sovereignty,” (February 20, 2019) and “The Right of Secession, as Reserved by the States in Their Ratification of the U.S. Constitution,” (June 1, 2018) by Diane Ruffino, from For Love of God and Country, Tenth Amendment Movement. Much of Ruffino’s work used the following sources: Gene Kizer Jr., “The Right of Secession,” and “Slavery Was Not the Cause of the War Between the States,” Charleston Athenaeum Press; Albert Taylor Bledsoe, Is Jefferson Davis a Traitor? (1865). Reprinted by Forgotten Books (2012); Dave Benner, “Can States Secede from the United States?” IntellectualTakeOut.org, March 7, 2017; Donald W. Livingston, “The Secession Tradition in America,” 1998; and “Ratification of the Constitution by the State of Virginia; June 26, 1788,” The Avalon Project (Yale Law School).
