4
TERMS, $2 00 PER ANNUM,
THE NOBLST -M0TIYE IS iS3 PUBLIC GOOD
PAYABLE IN ADVANCE ,
VOLUME XX.
FAYETTEVILLE, N.. C, SATURDjJ, FEBRUARY 25 1860
f" " - .... -
TERMS OF SUBSCRIPTION,
Single copy, ln aavance, per aunam
' a the end of the ye.r
Single copies, five cents.
$2.00
3,00
Ho sabscriptiqn win be received for less than six
Sixty cents per square of 16 lines, or less, for the
tirst, and 30 cents for each subsequent insertion, fpr
punou unaer tnree mouths.
Fqr three months, ...... $4 00
For six months, ...... 6 QU
For twelve months, 10 00
Other advertisements by the year on favorable
terms. Advertisers are particularly requested to,
state the number of insertions desired, otherwise they
will be inserted until forbid, and charged accordingly.
JOB. WORK of all kinds executed neatly and
IT inaptly.
P. J. SINCLAIR, Epitoh AspPaorsiETOK, .... ...
LEGAL NOTICES.
DU.XCW J, DKVAMi-
ATTORNEY AND COUNSELLOR AT LAW,
CLINTON", M. C,
ATILLt practice in the Countv and Sunerior Courts
. p'.laden, Cumberland, and Sampson, and of
nie adjoining counties. Office near the Clinto. Hotel
Feb'y jU, lbOO. tf
A. D- MoLEAN,
A torney & Counsellor at Law,
SXTJVCOVr JBJEl "VI xLE, 1ST. O
WILL attend the Courts ot Cumberland Moore.
Johnson ard Harnett County PROMPT atten
tion given. the collection of all claims entrusted to his
care,
Dec 23 tf-
CLEMENT G, WRIGHT,
ATTORNEY AT LAW,
w
LL
practice in tbe counties of Bladen. Samp-
son and Cumberland. Prompt attention given
to all business committed to his charge.
April 2, 1858. tf
W. S. NORM E NT.
,TTOLEY AND COUNSELLOR AT LAW
LUMBERTOX, N. C.
"A7"ILL ATTEND the County and Superior Courts.
TV ot Itohcsou , Cumberland, JJladeu and Colum
b i-. .VII business intrusted to his care, will receive
prompt attention. Oflicein the Court Vlouse.
July l,i8.jy. 1-y-w
AUGTiOXKKli t COMMISSION MERCHANT,
East Side of (rillespic Street,
F vvk r tkvii.i.e, N. C.
Nov. 1:5. t.s."8
ttcnumission itlcrcljant.
WILMINGTON, N. (J.
riL
ivi prompt ami p'jiotial attention to all
(J 1 ciiiti '.it s of dpirits Turpeatiae, Ro.-iu.
T.u.
I'lii-:),' iiiiiv. a 1 id ai I countrv prodmc for sale.
v o ! ir'i'l 1 r ij; stairs over the Store of Mr Vol
r Vojk
Wafc
gla:j.i a.jii j. 1. ilia,.; Lut terloh's wharf. North
street.
.fun'' IS. IS ,11. tf
rv TAIMMLL,. I'itOI'RIKTOli.. ...
vi - 1 'IHS. the most commodious Ilotei' more brilliant, instructive and intelligent nd
E' Y-.'5i A- in North Carolina, frouting '6W , T, , , . ,
ii-f- feet on Uay and Donaldn streets, i lre8S- ' lt waa composed ct the choicest of
located in the centre of the business
portion of th; tmy u, ami surrounded ly all the bank-
i houses, wholesale merchants and principal pro
duce doak-rs.
-.if lii-iu'ss mon will find the Hotel a convenient
an I comfortable house.
Vtl the Stasis arrive and depart from this Hotel.
F iett-jville. April 2. 1859. ly'r
Stoves, Siioct-Iron
TlX-WAKK, &c.
j x m hanfl. a htrire assortment of Box and cooking
stoves; Tin-ware; Sheet-Iron ; Lead Pip
At-
o tin? " Oil Dominion CoOVe Pot."
For sale by
Nov. 27. tf
JAMES MARTINE.
NOTICE.
HvVIVG RECENTLY PURCHASED THE
l3n.tixo Btocl. Of
of Council A McKethan, I am now carrying on the
... i . f i '.iiiiril?e I tt nft
mercantile uusiuena wu..... .
R. II . LYON.
Aus 10, IS.")!).
w-tf
c.lo nt reduced nrices, at the Auction Store
of1"1 A. M. CAMPBELL.
A -isr SI. 185S.
tf
3F.xx-tss, Oils, c&?c
SIMCiiM. Ketineil. Lard. Lin.-eeil and Tauua'f . JL
Will i'E LiiAI) ; linrning r- lu'ul ; Putty ; Window
Glu.-vS and Sash of all sizes.
ALSO
fresh supply oi Pond's Pain Deptiover.
For sale by JAS. MARTINE.
Nov. 27. tf
A CARD.
. i m ir ah n 1 l
A Word To My Old Friends
f EM HOSE persons for whom I have been attending to
i. IJa.iki.ig bushmess for years ; am lb till ;wil ing
. ... ...Mi i-itti tfi w?imtk nrftin ni mat- l iiu ai-
iu f. i m v " " i l
Pension bustness, &C.&C. 1 offer my services
i-..i v i imio : anil io oiiiers iusi.ii iuj "' uisvv"-
witb ,
a promise of strict attention JAin. (j.
June 27. 1559. tf
COOK.
ti 3 BtClT'A&i P. Pill I
UULUZimz rui.L-.ii
iUIjolcsale anl Uctail Dealers in
Groceries Ilurzfw&re
&C.) iiSO
13IIO. MPT ATTMXTIOX C1VKN TO IjHE SALE
of Cotton, ami other Produce.
Ordi'rs mv 'onsiument. in ttw above line will re
receive stct attention from reliable parties.
U W. 1. UOI.DSTOX. A. W. FULLER.
Decol.
JilS- N. SMITH.
liesiii-t aim titiiUn't.
W1IOLKSALE AND KETA1L DEALER LV
American, French and Ei glish Drugs, Med
icines and Chemicals j 'iarden and Field
Seeds ; Perfumery, Dye-Stufi's, Liquors;
Oils, Paints and Varnishes ;
Window Glass ; Glass-,
ware ; Fine Soaps ;
Fine Hair and
Tooth
Brushes ; Paint Brushes ; Surt icil and
Dental Instruments, and Fancy Artic.es.
With all the Patent or Proprietary Medicines of the
day.
Fayetteville, JX. C,
Dec 6., d & w-tf
A0RTH OAKOLiNlAA'.
FAYETTEVILLE, N. C.
SATURDAY MORNING, r EBRUARY,5,
THE TARBORO MERCURY.
This journal has lately striven to make a. home
thrust at us in regard to ad valorem, and asks us to
get off the fence, stating that we are "yelping in the
trail of the Standard, and working men's association."
We have always endeavored to make a trail for
Ourself, and have heretofore had as respectable
sheets as the Mercury yelping at us, disturbing us
just as little as does the howl which reaches us from
Edgecomb county. . When it gets a cent it may
possibly close its jaw. - '. ! .
The Mereaty has" takef! upon- itself to exhibit its
lack of information upon the first principles of po
litical economy, together with a number of issues
placed before the Democratic party, which it must
accept or (woe be to it) it must, forsooth, loose its
valuable support ! The Mercury has withal mis- !
quoted us. We did not say we were in favor of ad
1 J
valorem as advocated now, but we did say that we
were in favor of the principle of ad valorem. Now
does the Mercury profess to know any thing about
government? If so, by what right is a man taxed
in any shape? Is it not for the support of Govern
ment, and is the support of Government not de
manded because of the protection it affords to the
citizen ? This being the case, a man ought to p ay
taxes just in proportion to the amount of protection
received. This is ad valorem. You might as well
trj7 to hurl the moon from its proud eminence as
to deny this great principle of political economy.
The one is founded upon the necessary laws of na
ture, the other upon the humanity requiring neces
sity of the existence of government. Justice wTill
never be accomplished till we conform as near as
possible to the pri. ciple of ad valorem. Inviduous
distinctions ought not to be made in taxing, no
more than in the proportion of immunities to be en-
ed by an American. When the time comes for
opposition to the thing feared by the Mercury, we
may possibly not be a whit behind our factious
friend in Tarboro, in battling for the cause of justice;
nor does it follow that because we may oppose the
taxing of negroes ad valorem, that we must show
our ignorance of right by opposing the whole
principle.
Oil account of the misplacing of the copy
of Mr Douglas' speech, wc were unable to publish
it in full last week. We. therefore, re-publish to
day the portion produced on last week with other
parts of it. It is a superior production of mental
power, and is worthy the attention of ever' person.
We will conclude its publication during the next
urk- . .
y iMR McKae's Awiress. 1 lie address of D
K. McRae, l-.sq , for the benefit of the Mount
Vernon Association, was delivered last evening
r i T ..a' -ii v ii
m me raveiievuie liall, to a crowded house.
We c-juU thf. 'w b.-tf? xxvi ijjkd ; t
scholastic learning, the brightest 'conception of
his superior mind, which with the facinating
charm of his free, natural and expressive man
ner of delivery, made his words seem more like
acts his theories like living realities. Mr.
McRae is an orator of no common mould; he
has naturally within him all the requisites to en
title him to that distinction, which added to the
polish of a splendid intellectual training, places
him among the great men or his native State.
THE ENSUING ELECTIONS.
The Rhode Island democracy haye nomina-
; ted, on tlie 16th inst., Win Sprague, Esq., for
Governor, and J. liussell Bullock, for Lient.
Governor. The conservative element of the
State outside of the democratic party, held a
convention upon the same day and nominated
tlie same candidates. We look for their elec.
tion.
Connecticut has nominated her great war
horse of Democracy and he favorite son of the
State for Governor, Ex-Gov. Seymour of that
State. Tlie New York Tribune, gives up the' I was almost ashamed to pay it. There were several
State as certain for Seymour and the Charles- j th5nS to bc ,earilLMl in the kitchen. I saw how Blot
! made a 2ota(e au yras and a -maigre a.p uree of vege
ton nominee. tables, a vol au cent, and, above all, a salad. I also
A largo and highly respectable portion of learned how, with a handful of of coals or charcoal,
the Vircrir.ia democracy met in Richmond on and &f"un -e"u or ranSe forty inches lonS and thirty-
j Inday in btate Convention to appoint ele-j
i gates to the National Convention in Charleston.
i During the session, the following dispatch from
a similar body then in session in Connecticut,
Us received
; Hartford, Conn., Feb. 15.
Resoved. That. the Democracy of Connect!-
.
cut send to "Virginia, whose Democratic Dele-
rates are to assemble in State Convention to-
morrow, their fraternal regards, congratula
ting the Old Dominion on the effectual manner
in which she suppressed an Abolition invasion
of her soil, initiated to disturb, her rights and
to shed the bhiod of her citizcMis.
Is not this beautiful and touching? Connec-
ticut democracy auu irginia democracy one
and the same, united together by the bands of! the inquiry, and while she was doing so the atten
m.ion and fraternal love Oh, what a commen-j !ion ot' M was attracted by a portrait which
, hung up in the room, and which requested permis-
farj upon the opposition ot the feoutn 1 vv lien s;on to examine more closely. On doin so he hn
shall we hear a New England State greeting j mediately saw it was the portrait ofhis' father,
,- i, which, with other articles were stolen from him
then with such fnendly sent.meuts as the fiyp wfore in a fumislied TfemaS
above? Never. said that the portrait was that of her husband's
t TT -,, . father. " In that case," said M. M , " your bus-
2-It won't be long before there will be a pro- b;lnd mast be a hroiher of minc of whose existence
position brought forward to annex Europe, Asia and I Was not aware, for the portrait is certainly thai; of
Africa to this great Union. We shall not speak of my father." He then left, and being certain that
the proposition until it will come up in shape in ; vvas on thfe trac.e f he Vfn who had robbed
uic inu.u..itiuu umii 1- r him, soon returned with a police agent The hus-
Congress. There is now a proposition before Con- j band having -n the meantil; comein? .ag immedi.
gressto annex Cuba, one to annex Canada, alsc, ately recognized as the waiter at the hotel, who at
one to annex Mexico. In the midst of all this, the i the time of the robbery went with M. M to give
New York Tribune, of the 17th. call the Black Re- j information to the commissary f police, and ex
. , V,. A . , pressed his suspicion that the thief was a foreigner
publpn committee on the Dist. of Columbia, ; who had left the hotel on the morning it took place,
action, looking to a change of the seat of Govern- : After several contradictory accounts as to the,
ment, on account of the fact that it would be desira- i manner in which he became possed of the portrait
U i -j. - . , -j. --ii . he at last coufesgedthc robbery and was arrested,
e to have it upon free territory next week it w ill 0
advocate the e-modeling of the Constitution. Cincinnati, Feb. 18. A fire occurred this morn-
it . i '. ing in the liquor establishment of C. A. Bassinger,
Kit Uattman, who was reported to entice a negro Xo 53 uradway, damaging the building to the
belonging to Win., Cade,- Esq., has been arrested at extent of 12,000. The loss is mostly covered . by
Wilmington, N. C. ' ' . ' " - ' - insurance.
At the Democratic Ceuvention in Richmond
Va.. a resolution exnressine- a nreference for
t s o
Heret A Wise for President, was defeated.
j The convention, also, passed resolutions sustain
ing South Carolina's views, respecting the pro-
! posed Southern Convention.
j SS?" By the late news from Mexico, we learn
that the outrageous acts of Cortinas in Texas
were through the sanction of the Mexicau auth
orities. , ' "
5is Members' of Congress are now franking oyster
cans to their constituents, as seeds have given out.'
1 tnva
ure 10 itoHiiiana-uuet-jn convenuon ana oy a vote
of 7Y t.n IT rpsolvfid tr snnnnrt. t.hft nominM vf thfi
. , . , .. . , .
iicti icfciun vuuv riiuuii lor l rcsiueuu
'.' Eggs and chickens were scarce in Newbern at
the last accounts. Eggs quite plentiful here. "
So says the Wilson Ledger, and we presume it is
true' as the LedSer has exhibited some signs of the
' . . it it- r 1
noyg lately. Foy for shame.
Uff" The editor of the Charlotte Bulletin says ha
might publish a couple of columns of his paper
with complimentary notices of the Bulletin, and
himself! We have read Jish stories is papers long
since We presume all papers might publish them
for the amusement of their readers.
Bgo,, It is most laughable to read the nonsen-
s'cal Pro eedings of a whole day in Congress
the whole of yesterday spent, eulogizing the
departed.
HICKMAN A COWARD.
According to the best reports which have
reached us, Hickman, the black republican m.
c, from Pennsylvania, has shown a - decidedly
mean and cowardly spirit when attacked by
the lion. Henry Edtnundson, of "Va. When
Edmundson attacked him with the switch,JMr
Keitt, of S. C, caught one of Edmunson's
arms and Mr Clingtnun, of N. C, the other
Keitt then told Hickman to run, and immedi
ately Mr K. broke loose and followed in the
chase. Hickman ran for bis life. He is a
brave man when addressing the abolitionists
from Wil lard's Hotel, but when a Virginia
switch is "placed in juxta-position to his person
lie's not thar !
JUDGE DOUGLAS.
We are s.Uistied that those who have read the
speech of this great statesman must acknowledge
that it has placed him in the position of a champion
of Southern rig'nts. We have never read a more
able and masterly effort in our life, and we coufess
that it has entirely banished any objections which
wc might have had to his nomination at Charleston.
This speech, added to the remarks made by Mr
Douglas in the Territorial-caucus, upon thegm optm',
tof-tw.n-of-Xfif ylacti tni.f jo.Wa.i
question upon his foruer standing in . the party in
our estimation. During this caucus, he said that
his convictions were, that a territory could abolish
lavery, but, he wished the question left entirely to
the courts for their decision. This is all we want ;
this is all the South should demand. We consider
the position of Mr Douglas, in this respect, as na
tional as Mr Davis of Miss., and in fact, more effect
ual in preserving the rights of the South in the
Territories, because, what Mr Davis demands can
never be received, viz: protection by Cqpgress.
The North will not grant it now, because the right
to it is not expressly decided by the courts to exist.
If it is decided (as it has already by implication)
then we will receive it.
Cokkespondence. "Carthage," has been received
and will appear in our next.
''Don Quixote " is also to hand, and will occupy
a place in our columns in due time.
A Pakisiax Landlady. Madam eats little but
she is a delicate feeder, and she and I perfectly
agree on one point we both love a change dearly.
The same dish never appears twice in the same
week, except by particular desire. Women are v.'ry
observing. Madam probably saw, from my habits of
life, that my finances were not very flourishing ; and
when she gave me my bill at the end of the month
ior -a partv of eight The uA C(msumed in this
kitchen in a yar would not keep going the kitchen
ol a hotel of tlie same size in Lngland lor opc week
2T We learn that Alfred Jones, Esq., of this
county, has been elected a Director of tho Bank of
North Carolina by the Board ol Directors, vice Hon.
Jno. 11. Bryan, resigned. Raliegh Register.
Stkaxge Discovery of a Robber. We find the
following in Oalignani. The perpretrator of a rob
bery which took place about five years ago has just
been discovered in rather a singular manner. A
gentleman named M , having to make some in
quiries in business matters at the residence of a
person he knew, found him absent from home, and.
wishing to ascertain his probable hour of return
knocked at the door of an adjoinidg apartment.
Thp door was opened bv a female who answered
JUfSSffS" DHh.
lU--JJVAblOJi OF STATES: AND II IS
dtrux ium r&SSBOJDEN.
fit Senate of the U. S., Jan. 28, 1860.
having arrived for the consideration of
U fh r,-.,,.! ,
.elhat the Committee or, the Judiciary
TKS iV'P?t Si T P"4??1 of
siob by fr- Authorities or inhabitants of any other
btate?,fciaitory; and for the suppression and
punisbou t conspiracies or combinations m any
Stafnnr i tVIatv- with intent to lnvarlp. assail tr
f msuiunuui any etner mate w xemwijr t um,.-
M.t;
I tMOn.
i Mr. Douglas.
Mr. President, on the 25th of No-
vember last, the Governor of Virginia addressed an
xff::i : .n i i....:.... r.F l. it.:
DtUceredht.
ThehwSf
omeial communication to the President of the Lini- o h State, for the protection of each State, and nec
ed States, in which he said : essarily from other States, inasmuch as the guaran-
'I have information from various quarters, upon . tee had been given previously as against foreign na-
whicb I rely, ' that a conspiracy of formidable ex-
tent, in means and numbers, is formed in Ohio,
Pennsylvania,. New York, and other States, to res-
cue John P owo and his associates, prisoners at
Charles to 4l,- Virginia. -The information is specific
enough to be reliable. .
"I'lacesin Maryland, Ohio, and Pennsylvania,
have been occupied as depots and rendezvous by
these desperadoes, and Unobstructed by guards or
otherwise to invade tbi State, -and we are kept in
continual apprehension of outrage from fire and
rapine. apprise you of these facts in order that
you may take steps to preserve peace between the
States."
To this communication, the President of the Uni
ted States, ' on the 28th of November, returned a
reply, from which I read the following sentence :
I am at a loss to discover any provision in the
Constitution or laws of the United States which
would authorize me to 'take steps' tor this purpose"
That is, to preserve the peace between the States.
This announcement produced a profound impres
sion upoa the public mind and especially in the
slaveholding States. It was generally received and
regarded as an authoritative announcement that the
Constitution of the United States confers no power
upon the. Federal Government to protect each of
the Statei of this Union against invasion from the
other States. I shall not stop to inquire whether
the PresHent meant to declare that the existing laws
confer nc authority upon him, or that the Consti
tution empowers Congress to enact no. laws which
would aumorize the Federal interposition to protect
the States from invasion ; my object is to raise the
inquiry, and to ask the judgment of the Senate and
of the Douse of Representatives on the question,
whether Jt is not within the power of Congress, and
the dutyf'of Congress, under the Constitution, to
en; c all laws which may be necessary and proper
for ti-e protection of each and every State against
invasion, either from foreign Powers or from any
portion of the United States.
The denial of the existence of such a power in
the Federal Government has induced an inquiry
among conservative men men myai to tne consti-
. i .
they have of protection, if the Federal Government
is not authorized to protect them against external
violence. It must be conceded that no community
is safe, no State can enjoy peace, or prosperity, or
domestic tranquility, without security agairst exter
nal yiolencA .Every -tate and nation of the world
e ot in is
Wiv---wpped to maintain
b oiTiS armeis and
na Mtanad n tunc of peace. They may
be kepSTJ" Mr anibitioris purposes of aggression and
foreigi s ); but the legitimate purpose of a milita
ry force iii&e of peace is to insure -domestic tran
quility &jfeigtVtotence or aggression from without.
The States of this Union would possess that power,
were it not for the restraints imposed upon them by
the Federat Constitution. When that Constitution
was made, the State surrendered to the Federal
Government the power to raise and support armies,
and the power to provide and maintain navies, and
not only thus surrendered the means of protection
from invasion, but consented to a prohibition upon
themrelves which declares that no State shall keep
troops or vessels of war in time of peace.
The question now rcurs, whether the States of
this Union are in that helpless condition, with their
hands tied by the Constitution, stripped of all means
of repelling assaults and maintaining their existence,
without a guarantee from the Federal Government,
to protect them agai st violence. If the people of
this country shall settle down into the conviction
that there is no power in the Federal Government
under the Constitution to protect each and every
State from violence, from aggression, from invasion,
they will demaud that the cord be severed, and that
the weapons be restored to their hands with which
they may defend themselves. This inquiry invol
ves the question of the perpetuity of the Union.
The means of defence, the means of repelling as
saults, the means of providing against invasion,
must exist as a condition of the safety of the States
and the existence of the Union.
Now, sir, I hope to be able to demonstrate that
there is no wrong in this Union for which the Con
stitution of the United States has not provided a
remedy. I believe, and I hope I shall be able to
maintain, that a remedy is furnished for every wrong
which can be perpetrated within the Union, if the
Federal Government perforins its whole duty. I
think it is clear, on a careful examination of the
Constitution, that the power is conferred upon Con
gress, first, to provide for repelling invasion from
foreign counties ; and, secondly, to protect each
State of this Union against invasion from any other
State, Territory, of place, within the jurisdiction of
the United States.- I will first turn your attention,
sir, to the power conferred upon Congress to pro
tect the United States including States, Territo
ries, and the District of Columbus ; including every
inch of ground within our limits and jurisdiction
against foreign invasion.' In the eighth" section of
tlnfirst article of the Constitution, you find that
Congress has power
" To raise and support armies ; to provide and
maintain a Navy ; to make rules for the Government
and regulation ot the land and naval force ; to pro
vide for calling forth the militia to execute the laws
of the Union, suppress insurrections, and repel
invasions." ;
Those various clauses confer upon Congress pow
to use the whole military force ot the country for
the purpose epeeinVd in the Constitution. They
shall provide for the execution ot the laws of the
Union ; and, secondly, suppress insurrections. The
insurrections there referred to are insurrections
against the authority of the United States insur
rections against a State authority being provided
for in a subsequent section, in which he United
States cannot interfere, except upon the application
of tlie State authorities. The invasion which is to
be repelled by this clause of the Constitution is an
invasion of the UnitedTStatss. The language is,
Congress shall have power to "repel invasions."
That givs the authority to repel the invasion, no
matter whether the enemy shall land within the
limits of Virginia, within the District of Columbia,
within the Territory of New Mexico, or anywhere
else within the jurisdiction of the United .States.
The power to protect every portion of the country
against invasion from foreigh nations having thus
been specifically conferred, the framers of the Con
stitution then proceeded to make guarantees for the
protection of eaeh of the States by Federal authori
ty. I will rad the fourth section of the fourth ar
ticle of the Constitution: 1 : -;
" The United States shall guaranty to every State
lSSSU
application of the Legislature, or of the Executive
I twnen me legislature cannot be convened.) azainst
Tk?-,. nCe-7 . .
lwusc ctnuams inrce uisunet guarantees :
first, the United States shall guaranty to every
-J vt n 7
en , second, the United States shall protect each
' ed, protect them against0 domestic viol.n7e. Kow
, submit to you whether it is not clear, from the
was inserted for the purpose of making it the duty
of the Federal Government to protect each of the
States against invasion from any other State, Terri-
. 1 .1. f ., 1 -. .. .
for w
erted? "Ttbti power mkT
erted t TTBe power ana fhe di
I ntruinst foreio-h n. tVins had alraadv lu-n nrnvided
for. This clause occurs anions th iruaruiafroiu
the United States to each Slate, fi the benelit of
, . . .
tions.
If any further authority is necessary io show that
such is the true construction of the Constitution, it
may be found in the forty-third number of the Fede
ralist, written by Jiaxaea Madison. Mr. Madison
quotes the clause of the Constitution which I have
read, giving these three guarantees ; and aftei dis
cussing the one guarantying to each State a repub
lican form of govern men t proceeds to con4der the
second, which makes it the duty of the United
States to protect eaeh of the States against inva
sion. Here is what Mr. Madison says upon that
subject :
"A protection against invasien is due frina every
society to the part composing it. The latitude of
the expression here used seems to secure each State,
not only against forsign hostility., but against am
bitious or vindictive enterprises of its more power
ful neighbors. The history both of ancient and
modern confederacies proves that the weaker mem
bers of the Union ought not to.be insensible to the
policy of this article."
The number of the Federalist, like all the others
of that celebrated work, was written, after the Con
situation was made, and before it was ratified by the-
States, and with a view to securing its .ratification ;
hence the people of the several States, when they
ratified this instrument, knew that this clause was
iutended to bear the construction which I cow place
upon it. It was intended to make it the duty of
every society to protect each of its. parts ; the duty
of the Federal Government to protect each of the
States ; and he says, the sm Her States ought not
to be insensible to the policy of this article of the
Constitution.
Then, sir, if it be made the imperative duty
of the Federal Government, 4by the express pro
vision of the Constitution, to pretect each of
the States against invasion or violence from the
other States, or from combinations of despe
radoes withiu their limits, it necessarily follows
that it is the duty of Congress l o pass all laws
necessary and proper to render that guarantee
effectual WhileCogress,iu the early history
of the Government, did provide legislation,
which is supposed to be ample to protect the
United States against invasion from foreign
countries and the Indian tribes, they have fail
ed, up to this time, to inake'any law lor thff pro
tection of each of the States against invasion
tfrom within the limits of the Union. I am un-
able to account for this omission j but I pre
sume the reason is to be found in the fact that
no Congress ever dreamed that such legislation
would ever become necessary for the protection
of one State of this Union against invasion and
violence from her sister States. Who, until
the Harper's Ferry outrage, ever conceived
that American citizens could be so forgetful ol
their duties to themselves, to their country, to
the Constitution, us to plan an invasion of ano
ther State, with the view of inciting servile in
surrection, mtirder, treason, and every other
crime that disgraces humanity? While, there
fore, no blame can justly be attached to our
predecessors in failing to provide the legisla
tion necessary to render this guarantee of the
Constitution effectual; still, since the experi
ence of last year, we cannot stand justified in
omitting longer to perform this imperative
duty.
The question then remaining is, what legislation
is necessary and proper to render this guarantee of
the Constitution effectual ? I presume there will
be very little difference of opinion that it will be
necessary to place the whole military power of the
Government at the disposal of the Presidi nf, under
proper guards and restrictions against abuse, to
repel and suppress invasion when the hostile force
shall be actually in the field. But, sir, that is not
sufficient. Such legislation would not be a lull
compliance with this guarantee of the Constitution.
The framers of that instrument meant more when
they gave the guaiautee. Mark the difference in
language between the provision for protecting the
United States against invasion aud that tor protecting
the States.
When it provided for projecting the United
States, it, said, Congress shall have power to 'r.pcl
invasion." When it came totmake this guarantee
to the States it changed the language and said the
United States shall ''protect" eacti of the States
against invasion. In the one instance, the duty ol
the Government is to repel ; in the other the
guarantee is that they will protect. In other words
lhe United State are not permitted to wait until the
enemy shall be upon your borders; until the inva
ding army shall have been organized and drilled and
placed in march with a view to the invasion ; but
they must pass all laws necessary and proper to in
sure protection and domestic tranquility to each
State and Territory of this Union against invasion
or hostilities from other States and territories.
Then, sir, 1 hold that it is not only . necessary to
use the military power when the actual case of in
vasion shall occur, but to au.horiz the judicial de
partment of the Government to suppress ail conspi
racies and combinations in the several States, or
molest or disturb its peace, its citizens, its proper
ty, or its institutions, xou must punish the con
spiracy, the combination with intent to do the act,
and then you will suppress it in advance. There is
no principle more familiar to the k-gal profession
than that wherever it is proper to tlet lare an act to
be a criui , it is proper to pa:u.-h conspiracy or
combination with intent to perpetrate the act. Look
upon j'our statue-books, and I presume 3-ou will find
an enactment to punish tlie txu.itei titing of the coin
of the United States ; aud then another section to
punish a man fr having counterfeit coin in bis
possession with intent to pass it ; and another sec
tion to punish him for having the molds, or dies, or
instruments for counterfeiting, with intent to use
them. This is a familiar principle in legislative and
judicial proceedings. If the act of invasion is crim
inal, the conspiracy to invade should also ue jnauc
criminal. If it be unlawful aud illegal to invade a
Stt and run nfffiifHtive slave, why not maKe
it
unlawful
iwful to form conspiracies and combinations in
several States with intent to do the aci ? Wei
hn told Lt notorious man who has recen-
the
have been told that a notorious man
tly suffered death for his crimes upon the gallows,
boasted in Uleaveland, unio, in a puoue ; assail u3 XX order that they may justify then: as-
vear ao that he had theu a body of men employed .
fn runtfng away horses from the slaveholders of saults upon the plea of self-defence.
Missouri, and pointed to a livery stable in Cleave- J Sir, when I returned home in 1 858, for the pur
land which ws full of the stolen horses at that time, pose of canvassing Illinois, with a view to a re-
Unk it is withiu our cmpe.,c,, d coM
; 9.ueut,y our duty, to pass a law making every con
spiracy or combination in any State or Tfcrritorv o
this Union to invade another with intent to steal or
run away property of any kind, whether it be ne
groes, or horses, or property of any other descrip
tion, into auothcr State, a crime, and punish the
conspirators by indictment in the United State
courts and confinement in the prisons or penitcntiar
ries of the State or Territory where the conspiracy
may be formed and quelled. Sir, I would carry
these provisions of law us far as our constitu ionaj
power will reach, 1 would make .t a crime to form
conspiracies with a view of invading States or Ter
ritories to control elections, whether they be under
StrgffSfewrt ir Kwinf m Knrkth Muf New Eng.
galleries.) In other words, this provision of the
Constitution means more than tho mere repelling
of an invasion when the invading army shall reach
the border of a State. The language is, it shall pro
tect the State against invasion ; the meaning ot
which U to use ''the la guage of the preamble to
the Constitution, to each State domestic tranquility
against external violence." There can bc no peace,
there can be 110 safety in any community, unless it
is secured agiiust violence from abroad. Why, sir,
it lias been a question seriously mooted in Europe,
whether it was not the duty of England, a Powir
foreigh to France, to pass laws to punish conspira.
cies in England against the lives of the princes of
France. I shall not argue the question of comity
between foreign States. I predicate my argument
upon the Constitution, by which we are govcruedt
awl which wc have sworn to obey, and demand
that the Constitution be executed in good faith so
as to punish and suppress eery combination,, every
conspiracy,, either to invade a state or to molest its
inhabitants, or to disturb its property, or to sub
vert its institutions and its government. I believe
this can be effectually done by authorizing the Uni
ted States courts in. the several States to take juris
diction of tho olfence, and punish the violation 01
the law with appropriate punishments.
It cannot be said, that the time has not arrived'
for such legislation. It cannot be said with truth
that the Harper's Ferry case will not be repealed,
or is not in danger of repetition, It is only neces
sary to inquire in to the causes which produced the
Haruer's Ferry outrge, and ascertain whether those
causes are yet in active operation, and then you
can determine whether there is any ground for ap
prehension that that invasion will be repeated.. Shi
what were the causes which produced, tJiQ llar.per' -Ferry
outrage? Without stopping to adduce evi
dence in detail, I have no hesitation, in. expressing
my firm aud deliberate, conduction that the Harper's
Ferry crime was the natural, logical, inevitable re
sult of the doctrines and teachings of the Republi
can party,, as explained and enforced in their plat
form, their partisan, presses, their pamphlets and
books, and especially in the speeches of their lead
ers in and out of . Congress. (Applause in the gal
erics.) " ' "
Mr. Masos. I trust tho order of the Senate wilt
be preserved. I am sure it is only necessary to
suggest to tho Presiding Officer the indispensable
necessity of preserving the order of the Senate ; and
I give notice that, if it is disturbed again, I shall
insist upon the galleries being cleared, entirely.
Mr. Douglas. Mr. President
The Vice President. Tho Senator will pause
for a single moment. It is impossible for the Chair
to preserve order without the concurrence of the vast
assembly in the galleries. He trusts that there will
be no occasion to make a reference to tnis subject
dgMr! Toombs. I hope that the Presiding Officer
will place officers in the galleries, and put a stop to
to this thing. It is a very bad sign of the times. It
is unbecoming this body, or the deliberations ot any
free people.
The Vice Pkesident. Tbe Presiding Officer has
not the force at his command to place officers in the
gallery.
Mr. Douglas. If the Senate will pardon me for
a digression an instant, I was about to sugges1
to the Presiding Officer that I though it would be
necessary to place officers in different parts of the
gallery, with instructions that if they saw any per.
son giving any sig.is of approbation calculated to
disturb .-iir pioccedings, they should instantly put
the guilty person out of the gallery.
Tne Vice Pkesioent. That has been done.
Mr. Docolas. I was remarking that I consider-,
ed this outrage at Harper's Ferry as the logical,
natural consequence of the teachings and doctrines
of the Republican party. I am not making this
statement for the purpose of crimination or partisan
effect. I desire to call the attention of uiembcrs of
that party to a reconsideration of the doctrines that
they are in the habit of enforcing, with a view to, a,
fair judgement whether they do not lead directly
to those consequences, on the part of those deluded
persons who think that all they say is meant, iu
real earnest, aud ough to be carried out. The greaji.
principle that underlies the Republican party is vio .
lent, i reconcilable, external warefare upon the in
stitution ot American slavery, with the view of its
ultimate extiuctiuii throughout the land ; sectional
war is to bc waged until the cotton field of the
South shall be cultivated by free labor, or the rye
fields of New York and Massachusetts shall be cut.
tivated by slave labor. In furtherance of this arti
cle of their creed, you find their political organiza
tion not only sectional in its location, but one whose
vitallity consists in appeals to northern Pw".
northern prejudice, northern ambition aga .t sou
thern States, southern institutions and sou h rn
neonle I have had some experience in hghtmg
fhtetement within the last few years, and I find
that the source of their power consists in cxcuing
the prejudices and the passions of the northern sec
tion. They wot only attempt to excite the North,
.gainst the South, but they invite the South to as
sTil and abuse and traduce, the North, Southern
abuse, by violent men, of northern statemen and
northern people, is essential to the triumph of the
Republican cause. Hence the course 01 argument
wfai h we nave to meet is not only repelling the ap
.
peals to northern passion and prejudice, but we
' have to encounter their appeals to southern men to