Wlliam Gilmore Simms
Selections from the Letters and Speeches of the Hon. James H. Hammond, of South Carolina >> Report at a Meeting of the State Rights and Free Trade Party of Barnwell District, South Carolina, Held at Barnwell Court-House, on Monday, July 7th, 1834 >> Page 11

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Page 11

Journalism | The Reprint Company; John F. Trow & Co. | 1866, 1978
Transcription 11
own soil, against all the world ; and the first law of
which is, that every member must submit implicitly
to the will of the majority, so long as he continues
with them. It is this high and exclusive obligation
which we dignify with the name of " allegiance," in
return for which, the individual receives the substan-
tial protection of the compact, not only from external
and internal foes, but from all invasions of his right
by Government itself, which it creates, limits, checks,
and alters at discretion. The duty which we owe that
Government, while it exists, in all its various depart-
ments, is called " obedience."
If this view be correct, it follows that the Court of
Appeals has entirely mistaken the nature of allegiance,
and the authority to which it is due that there is a
clear distinction between allegiance and obedience ;
and that since an individual cannot be at the same
time a member of two social compacts, his allegiance
cannot be divided, though his obedience may be due
to any number of coordinate authorities. By apply-
ing these conclusions to the question drawn before the
Court, it will be perceived, that to determine the true
ultimate relations of the American citizen to his two
Governments, it is only necessary to ascertain to what
Social Compact he belongs. There his allegiance is
due, and in all conflicts for power, to that he must ad-
here ; or, by abandoning it, deprive himself of all its
privileges. Where then does his compact lie ? It is
well known, that in every instance of the formation of
a Colony in this country, whether by direct emigration
from the mother-country, or by separation from other
Colonies, a new and distinct community was created,
independent of every other in America ; which consti-