Newspapers / Weekly State Journal (Raleigh, … / Dec. 8, 1860, edition 1 / Page 1
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?! aa i -i t -K i T I - i t ' -T :ipil JI:?:.:;-1(S JSljII ia?aIII : : " ; ; : " y. ;, .r : ' : x '. ; -.... - - ., -1 ; ih' ; - "!'-- .. - -3 , . . .3- , . ... . , ; . .. . ' 1 ' - j R'ALfelGH, K. C, SATURDAY, DEUE3IKER 8, 18Gu " ' ! " ' !' 1 : M' : "' rXO ''i ' ." :' . :'. r.. . . .-. -v ; . :;- ..-,, , , . , . ;ri. -',-," -?iv -: ' - t v; : : : ' -. .-v.-: - ' - .. , , --y-- ii -L I ' : : , - 5 . - ' r c ! ,:!"! i - If ''- 1 ' !'.-''. '- '-'' 3'"--.V;' gijje gtate fauruai rTOtfH SPELXAX, PRIXTER TO TUKJiTATE. r Saturday . December 8, isoo. IJelavwe. ppiit that pottloa of the Pr KTirfl' 1 relating: . tul' Federal ' Alfa resi- Affairs. LeafUrwe will givejthe remainder : jj; -'.v . I -:a?uZ ioisc of llqn escntrtives : . '' ''Throughout ,th yt ar ince.. oar last jneefirig 1 te'eouutry V been nentiysperpus in all immaterial interests, a ue g.?iieaujua ueen excellent, Vir hanosts have been abundent,' and neTCC Jnd iuaDafacturef havic bee' prosecuted ; with cBcrsy and industry, :.,aud have yielded fair . . tfi.nle returns. " In short: no nation in the tidofihne has ever ;pres(inted. a" spectacle of rrcaier fuiaterial; prosperity than we have' dene U hv is k.thenL-that discontent now so exten- lirevaite. aiid ithe. ;0nioii 5f the, States. whictiv s the, sou red nf,.aU '' these : blessings,' is" thijeaieiiouwittr uesti uuiiu" . j x ue long -con Din- uimI a n d . i n t e m p e r ;i t e inter! erencc ot the JNortht i witu the questionl of slavery in the. States hits .at lengti produced its.na tsv Th(i Idiftcrent sections of the Uninn jw-farrayed; against each othlr, and the time 4s j-ned,-'; to: jtiliich . readed ; by the Father of his Country', "wheii hostile ireoirranhical narties havc.iben ; formed. I have long foreseen aid oixeu itrrywarucu fiiy uuuru-y iu'mi- ui, (,ne now 1111- ien anger . . -lih Boenot proceed- solely claim on th!ev part ofiiCol1l1iess or. the froiii the territorial legislatures ;,to exclude .slavery from Stateii td defeat tne execution' .of tlie fugutive- HHvej law Ail orj any or tnese -evils nngnt nave : iii . r . .i i been enuuriid by ;the couth . without conger tj the IITniin. iTas Others have bt?en.' in thu honM that limf and refleetori; uMghtlaply the remedy The ;uutiiedia.tc peril I 'arises-'tio so m'uch from these causes ' as from the fact that the incessant throughout the North for1 thep last- "jua,fter of a fciitury.j has at lbrig th ? .produced, its malign i n-'n-cie i' thVslavbs, )ifil-nspjired them with va )Hq;nptihs pf,freed6jii2' '-.'lleiW a sense o.f seeu Hfy.rio longer, existsi jirpurul the- fUuyly .altar.-- Tliis.' Fof'li n" of Tna(ft"iit V hnmo lias; irivpiiiril.n'r-p tri , - r : :.f ?. j , . .. i. , - - r . niatrun througliouf the Sou tli retires at - night iu lreu of j-hat inay;Lef;d hersi-If and her chil-' un n pyiore toes uioriiig. ououiu tuis appre hoiMipn doinestic dnger,r yhef lir real' ov im agvnrry,etendud . nteusly itself until it shall: iVf y iftle.' ii u sv . of .hj" 'Southern people; theii; Wii is the tiist law of iiature. and- has been im plariteiHiii tfo heart bf jmanbyhis Creator for i'jK.-j)i'p s ad() political uniQ'n,..how.- e'yi?ri frangL-t.wah', ;be?s(u2S and 'benefits in alM utlieriresinectsV can Ion eohtihue. if the ncces- siry . oynstMfiUvnee. lie to render the homes and jtiuV' ' i resid w -r "if 'htni'i'ly i'lalf tliQ. parties to it ha itualU and hopelessly in.eenje. .' S-xmer or- ia-i fff -the bands' of such5 av Uniotf must bo f-cveredj It is my3onvictioh'that thittal period; has; not Vt'arfivf;d rand nmptavcr j-'to God is Win t lie wttuld pr1psrye.;'he ' insUtr'tiiwi aud the. ITnion thn.u ;hout all generations -. J- Hu L hi us tak'e'waruing in j time,, ail I remove " itlie:e;us: of danger', f. It- einiot-be domed thah 1'ir. five and; tWenty'i year;, the - agitation, ,'at- Uie ;'wt4tnfiit;sliatjt;irf the: feouth. has been in- ' itnit J.n! MJa pjetbiuaf "hand vbills, and jn natory': apea (si' were -rc'natf1 d extensi vely throughout the S)uth, of a eharac-ter to excite rHie passions f the; slaves ; ,aiid, - in the language ' 'General Jackson, ' to stimulate thun- t . iu- ?tirreetion atid. produce -all' the horrors of a ser vile war. ;; jlhisj; agitjtioi) haji. ever since been contiriued by thq public press! by the proceed iiis ol'5tate and county eotivenfions, and by alioHton-; sertytms ' and lectures. The time of Congress has been occupied ia "violent speeches v iui.s nvefeui;iug suujccu auu appeals in pairiphlfct and ot;er' forms, endorsed, by'vdistjii guished'namcs, .:ave been sent forth from this cent'rdp Vvnt; andspread hi o ideast pvCr thefj n ion . tb'W easjjwould it he. for tlid 'American peo ple to settle .the slavery qup3tiod "forever, and to restore -peace add haruiouyi to this distracted I country. , - i, ;''.. V -V; ' ; 1 ley, Jmd, they alme can (lo it., . All that h neceiisarytp accf-mplisb: the object, and a H for whic'i the hrve jS.ates -have' ever . contended is tobefjet alone, hilI permitted to. manage their dnmestie institutions .in fheir ,o!wb way. As fpv- V1t42H Stites. thev. nd tllrvi :ilnnf fnw- l-i-'smm- ihie belore Godfandi the;, wovlxl " for ihe slavery xisiing,.aiiiang it h e'rji . v Fw c. t H s" " the pojde ff lfi -ortn arenot nipre' respi infci ble, a n I have no lur.ru I .. i . . .1 ' : I -l ! . tutunsin i-ussiato in Brazil. 1 I Tpojr their good seiise and v patrioic " fbrbearaii!e I confe.-.s 1 till ly ;Uith.nit their :.td, it is be von i the. p9VCy,M any Prrisidont nnl m:itlr w'infc m.v ho . .. . ,r - -j-j r w-. . .-: ........ v & u. v u... vis oiFi tmiKtio.jI- K,.i;..;t 1.0 t . iM harmony amon'j'lthe States?' Wisely limited wid restrained as is. - his noWer.' under our Con stitution and laws: hp Sll.ifO f,J. .rwwVl.l.Vl. V... uhule.ifor irood i-'fop-evih"Iiii"liir.i'v 'n.'.,t, ; And this brwigs me to Observe . that ;tbe'eiee-': tson ofany 6h(c of our fellow-ciifizeus to the office l';nf.Pi.A.JlwU it ciT iir.;.i - icftut'iiii u'cs uiruui iiaru uuru usr mush ti-n Nlying the iFuiod.; This uiore j especy trfe if his election lias been '.effected by a nie"r5 I'Vility, anci not a ;majoiiry, pf the people., and fesulted froni transient and temporary causes, .ith .ni-ay probably neveragaia occur. ;In order to ufy,(S resor! ii rpyolutiouary n'sisiance, jhe f eriljoyernni.u'i lusbe gui!ty of f a delib rate palpable aud (dangerous exercise " of po w not granted by. the Coustitutidn The late presidential electionV howevjcr has been held in nct ; conforniify ' fvjth it; express provisions. liyy tnen,'cao the result .'justify, a revolution to; ,V0y 'fins ;very 'Constitution f I Rtason," jus 1 a regarcr for .the Constituti f Onstittitiriri ' 4 nil rwinirp that w We shall fwait for some- overt aua dangerous "a the part of the President elect before re At lis Sflifij hiaroiTr.i Viof fTirt inf nrt,?ni- V,i Widentelectlhave fcoen siifficient; (6 tiki fyVt h JfM,60 thitlhe willi ttttenipt to invade, wir coristitutiohai rijubts, But are such' appre- o?rons:of contingent danger in the future suf ent Jo justify the immediate destruction of the ylest ystiu -of j govtrumeut ever devised by mortals f irom the; very nature of his office. and, its high responsibilities, he must oeceisarily ing the vast and complicated, concerns of jthb Government affords in itself a guarantee that he will not attempt any. violation of a clear constitu tional right After alltl he is no more .thaii 1 the ch ef executive officer of the' Government 1 jHis province is not to make, but to execut the las ; and it is a remarkable fact in our history, ! (that notwithstanding t' e repeated efforts of the i anti slavery party, no single act has ever passed Con I ;ress, unless we may iosib!y except the Misnou ri Gompromise, impairin. In the slightest decree; ihe rights of the South tp their property in slaves And it may also be observed, judging fxm!pre$4 en judications, that no probability -exists of the; passage of such an act, i by a majority K? both 'Houses, either ip the pfesenVor ihe next Con gross. ; Surely, under these circumstances, we ought to be resrained from present actioil by. the precept of Him who.ipake as never man spoke, that 'sufficient unto the Sday is thelevil: theVeof."; The. day, of evil may never Come, unless we shall rashly bring it upon- ourselves. -; , It is" alleged as one cause for immediate seces sion i hat the Southern '..States are denied equal rights -with the other States in the common Ter ritories. - -. But by what au J o'rity are these denied? IS pt by Gongress, whiehl has ue vet passed, and t believe never, will pass, any act to exclude slavery from the Territories :"' and certainly not by1 the Saprerne Court, which has solemnly decided hat slaves itre property, an d ike all ....other proe rty tneir owners have jx right, to take theni into the common Terrltori' Sj, and hold them there under the' protection ot'tne Qortstitution.. : ' ,;. So far. then, as Ciufess is concerned, the' ob jection is pot to anything they have alivacly oae, out to wnai mey may ao oereauer. ii win surety be ' admitted ;, that ';this.. apprehension; of future ;! uanger. is no gooa reason, iur.an immeaiate psr solution of the Union-. It. is true that the Jor- riLoriai legislature or ivansas, on uie ion oi i!ie!i juaiy,; 180, passed iu great , haVte an act. (ver the veto of .the goveruor, ! declaring that slavery is; audi shall be, foijever prohibited iii this Ter ritory'' Such an aet ho.wever, plainly violating the lights of property secured by the Constitution, .will surely be., declared void, by the- jndicciy whenever it shall be "presented in a leiral fornl. , Only three days after my inauguration jhe Su preme .Court of the United , States solemnly 'ad judrd that this power did not exist iu territo rial legislitiire... Yet sue! has been the factious tcmper ofi the times that the correctness o'f .flips, decision has been extensively impugned before the people, n"d the question has given rrise to angry. .political 'conflicts, throughout, .the', country. Those who have appealed from. ; his judgment of oirr highest coustlt utiinal tribunal to popular jis- s-m' lcy-i: uses, would,.' it. theycouluT, in vest a territorial j lature with power ;Ower to annul, tlie sacred rigliis ; bf property, This. power ; Congress- is expressly forbtdoen by the FederalsConstitiiUon to exereif e. Every State legislature in the Union is forbidden by its own constitution to exercise it. - It cannot 1 e Cxerclseo' in any State- except by the peo.l in their higlib)-t sovereign capacity1 when ramihg 6r amending their State eonstitutioh. In likn manner,- it ean only be cxerci-ed by th? people; o a Territory fepresenfedsin a convention -of deje srates fot the purpose of framing a-coilstitutipii i.pruparatory'to admission as a State into the Uuibn. Tlidi, and not until then are tLveyrive.sted vwjth po wer to decide the question wluitner slavery fljtill or stia 1 not cxist.witnin tneir - limit; . Ihis, lSjUn act of feovere'uu vuuboi ity. .and not of suborjin-Ji-fc territ.''kl jegisfation. : Were it otherwise, th'e'i iivdeed would the cHjirtlity of the States in the Territories. be.destov.ed, and the rigliis of prop erty in; slaves would depend, not, upon the iintors of tho 'ii-nsf itnritiii Kut. linnii the PiiftiA- niajprities of an irresponsible territorial legisla ture, Such a doctrine,, from its' intrinsic Uii soundness, cauuot long iuHuence any considerable portion'. of our' people, .mUch Jess Ciin it afibrd a good reason for a d issolution of the 'Union!, , The most palpable violations of ; ccmstitutionkil duty which hive y'et'been com-nittjd conistj d the acts of' different State' legislatures to f defeat ihe execution of . the fugitiverslave.' law. j ilt, 'ought to ,be ceniembereU, however, that for thCs-J act's, '. neither. Congress nor atfy jPres-ident can justly be held lesponsihle. llavirig bcen'passv'i in violation uf jth Federal Consfjtutien, they ai r therefore . null and void; All- the courts, boi t, State and national, before whoim the questio i hag :ansen. liave from the,; beginning dcclart: ;. the fugitive-slave law to '-be con4titutional. Th , single .exception is that of a State court in Wif consin ;"and this has not. only been re versed; li the proper appellate ' tribunal.', but has met wit s chj, unive rsa 1 . rep iroba tibuj that t h ere' tab be j fi ; datigtr from it as a precedent. Tho validity; i ' this jiaw has been established over and over aga! ' lr tlie Supreme Court of. the United States wif perfect unanimity.; It is founded upon au pros:: provision 'oCth'e Cpnstitution; requiri that fugitive slaves who escape froni service J; ohe'State to another shall- be l delivered up? ? t i.thejr masters. Without this provision it is;' well-known" historical fact that the Constituti; itself could never have been adopted by the Co;) vention; : In one form or other, under 'the-' aci's ky 1793 and 185v). both being substantially if same, the fugitive slave law has been! the la" the land f roo' the daysVpf ashingtbn until i' present moment, llcre, thenl a clear case -presented, in which it wiTl; be the duty of tl next President, as it .has been my own, to act wi .;; vigor in executing this supreme law against tl, confliciting1 enactments' of State legislatures r Should he -fail in the perlp mjinee of this hi. " 'duty), he will" then have manifested a di.-rega of the Coostitution and laws, to he great iiijii of the people rrf nearly one half of ; the States v the Union. .' But are we to jirofume in advaii j thaUhe will thus violate h?s duty ?j : This wpu bi at war with every principle of justice aud ' Christian . charity. Let us; wait for"; the , bv'i b act. The fugit'ive-slaye law has-been carried Vij to execution iu cveryi' epntested1" case; since tl commeaceinent of the pre n't administration J though often, it is to be regretted, with great k; and inconvenience trt the governments .Lett 'trasG that the State legislatures will repeal the undojhsdtutiorial and obnoxious; enactments.-1' Unless this shall be done jwithout unnecessail delay, it is impossible for any human- power save jthe Union. . ' ' y .'-:'Vv' V .''! J; The Southern States, standing on the basii the Constitution1, have a riglit to demand this ja of justicefrPui the States of the NprthV Shou r it bo refused, then the Constitution, to which f 1' the fates are, parties, will 'have been wilfully a oliited by trw portion of .them in a provision, gcntial to the domestic security and happiness the .remainder, j Iu that ' event, th -.Injur States, after having first used all 1 peaceful- and constitutional means to obtsiin redress, would be, justified in revolutionary resistance to' the Gov ernment of the Union. , ' . I.haye purposely cn fined my remarks to rev olutionary resistance, because it has been claim ed within the last few years that any State, whenever this shall ; belts -.sovereign will and pleasure, may secede from the Union, in accor dance: with the Constitution, and without any" violation of the constitutional righ s of the otlier members of the Confederacy. That as each e-; came parties to the Union by the vote of its own people assembled' in Convention, so any one of them may retire from the Union in- a similar manner by the vote of such a convention. In order to justify secession as a constitutional remedy it musVJbe on the "principle that the Fed- ; oral Government is a mere voluntary association j,of States, to be; dissolved at pleasure by any one of . the contracting parties. If ; this be so', the ' Confeaeracy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion' in any of the States. In this manner our thirty-three States may resalve themselves into asuiany petty, jarriug, and hostile republics, each one retiring from the Uuion, without res ponsibility, ; whenever any' sudden excitement might impel them to such a course By this process a Union mht be entirely brokeu iuto fragiuents in a few weeks, which, cost our fore-fathers-many years ,f toil, privation, and blood to establish. , : Such a principle is wholly inconsistent with the history as well as the-charaetcr of the Federal Con stitution: After it was framed; with the greatest deliberation and care, it was submitted to couyen-; - tions of the' people of the several States for ratifi cation. 1 Its provisions were discussed at length; .in these bod its composed of the first men of the country. Its opponents contended that 1 it con ferred powers upon the Federal Government dan-' 1 gerous.tn the rights of the States, whilst its ad vocat.es.majntaiiie'i that.'under a fair construction. of the instrutiientthere was ho foundation for such i apprehenions In that mighty gtrumr'le between 'the .first intellects of this or any other count r'v, it J never occurred, to any individual, eitner, among opponents 'r advocates, to . astiert, or even o 'in-.-timaV,-' that tlvoir efforts were all vain labor, ! boCaue. the. nuunent that any State felt "her- self aggrieved she might secede ,froni the Union, i What a crushing argumeut would this have prov-" ed against those, who drended' that the rights of the States would be endangered by the Constiu tion. The trut h is, that it was not until .many years alter the origin" of the Federal Government that such a proposition was first advanced. It was then nu t and refuted by the con cinsive argu ments of (ieueral Jackll, who in his message of 16th January, 1833, transmitting -1 hp nullifying ordiuanee of South Carolina to Con iress,'eni ploys the r okiowmg Ianruage : rw 1 1 r . 1 j. ue vignt.oi tne peo ple of a single Siate to absolve themselves at will and wiMiout the4 consent or the other States, fioni , their most solemn obligations, and hazard, the liberty nnd happiness of the millions composing this Union', cannot be-acknowledged. Such au , 'hority js believed iol)e utterly repugnant both to t he priti cipl-s upon wliich :he General Govern ,ment is constituted and to the objects which it was exprussly formed to attain." N It is. hot pretended that any'clause iu the Con stitution gives1 countenance to-such a theory. It is altogether founded upon inf.-i-ence, not Iroul any Uuiguase contained in the instrument itself. - but from the sovereign character .of the several ..States by which if. was ratified. But is it beyond tlie power of a Sta t'y like aoi individual, to yield a portivjii of its sovereign rights to secure the, re- inaiudo-? In the language of Mr." Madison; who has been Ciilled 'th-j . fathur of the Constitution .tt''was.formed (by the States that is, ' by the - people, in each of the States, acting in their high ext.so.jL' reign capacity; and firmed consequently by the same authority which formed the State const'rutioHs. ' . ", ' : V "'Nor'is the Government of the IJnited States createt by the (onstitution, lss a Government in the sttict sense of the term, withiu the sphere of its powers.-than Jtlie 'goveruinents created by the constitutions of the States are, within their several spheres. It is, like them organized iuto legislative', executivev and judiciary .'departments. i It operates, like them, dirqetly on persons and things; and, .like them; it has at command a phy- - sica I force for executing the powers Committed to it. , ' It was intended to be perpetual, and not to be annulled at the pleasure of any one of. ,the cort- tracting'paftits. The old articles of confedera tion were: entitled 44 Articles -of. Couljederation and Perpetual Union between the States " and by the 12h article it is expressly declared' 'that " the articles of thi- Coufede ration shall' be l inr viol ably bserved by every State, and the Union shall le perpetual. : The preamble to the Con stitution of the United States,, having express re ference to the ! article; of Confederation, recites that it was established " in crd'er to form a more perfect union." And yet it is cont-eiided that this " more perfect union 'f does uot include the esseuti il attribute of perpetuity. ! But that the Unioh was desigiied to be. perpet ual appears conclusively from -the nature and ex tent 01 the powers conferred by the Constitution bu the Federal Government., These powers em-1 !" brace the yery highest attributes-of nlitional sov ereignty. They place both the sword and the purse under its control! Congress has power to maker war, and to makej peace; to raise and sup-' port armies and navies,! and, (to conclude treaties with foreign go,yernmeijts.; It is. invested' with the power to coin money, and "to regulate the value thereof, and to 1 egulate commerce with for eign natious, and anions the several States. ; It is not necessary to enumerate fhe other tigh pow-r ers which have been conferred upon the Federal. Government. ; In order to carry the" enumerated powers ut9 effect, Congress possesses the" .exclu sive right to lay and collect duties on imports, ')ind in cpinmor, with the States to lay and collect; all other taxes. ;V f ;; '--,:',:. '":''.' :.-":f" ' j . But the Constitution has not only conferred these high powers upon Congress, but it'has adopt ed effectual means to restrain the States from in terfering with their exercise. 'For that purpose ; it has, in strong prohibi: ory language, expressly f declared taat "n State shall eutet iuto any trea ty, alliance, or con federation ; grant letters of li.a-que aud reprisal ; coin money s emit bills of eredit ; make anything but gold and silver coin a tender in payment of debts j pass any bill of at tainder,' ex post Judo law, or law impairing the obligation, oil ; contracts." Moreover, "witb out the consent jof Congress no ;tate shall j'lay any imposts or duties 00 any imports r exports, . except what may be absolutely necessary for ex ! ecutihg its iuspection laws and if they exceed this amount, the excess shall belong to the U. S. And - "no State shall,-without1 the consent of gress alone has power to decide whether the pre- j clnsive proof that man ia unfit for self rovcrn Cougressr lay any duty of tonage ; keep troops;;; sept laws can Or cannot be amended m as to car- uient. - ; r - . - ', .4 , , . ?lf , - ' . or snips of war, m time ot peace ; eqtcr into any? ; agreement or compact wih anottier Mate or with' 1 a foreign' power ; dr engagtLin war, unless actu4 1 ally invaded,-or in such imminent danger as-wilfr; not admit of delay."- ' j ! ,In order still further tq secure the nuinterrup-! ted exercise of th ese' high; powers against State-; interposition, it is provided'-'that ; this Const itn; tion and the laws of the United States which shall: be made in pursuance thereof j, and all treaties" made, or which shall be made tinder the author-? ity of the; United States, jhall be the supreniei' law of thQ land ; and the Judges in every St te shall be bound thereby anything in, the, Cousti-j tuticn or laws of any Statue to the contrary not-!; withstanding.;-: ; i ; i I The solemn sanction of relisribn has been snner-- added to the bbligatiohs official 'ducy; and ally: any attempt will be made h expel the Uuitcd senators and epresehtativjeH of the' United States,! States from this property" by force j ! butif in! this all members of State legislatures, and all execu-j;; ,r should prore to be mistaken," the officer in com tive aid jidicial officers, iboth of the United, ' mand of the forts has .received orders to act States and of the. several States, shall be bound strictly on the defensive. In such a continen- by oath or affirmation to support thif Constitution t Judicial and this Government to the extent pf in order to carry into ettcct tnese powers, tlie . ngiittullyrest pou the heads of the assailants Constitution lias establisiied a pertect Opvern-J . Apart from the execution of the lawsi so far incut iu uu its luriiia, jjegisiauye, xjxecuuve, ana- 1 as iuis may, le practicaoiy tne ii.xccu:ive ma its powers, acts directly. uon the individual eiti'if: ' between the federal governmeat a,.d South Caro zens of every State, and executes its own decreesfl lina. He hsbten -invested with no such dis by the agency of its own ofticcrs. In this respect!'' crcion. I?'psscsscs no. power tp change the re it difiers entirely from the ; Government under thejll latii ns heretofoie existing letwe.eu them, much old yinfedertion-.w'hich.was feo-lin'edto nmkiDgi 'requisitions on. the States in their sovereign char-! a'cter.' : This left ii in the'discretiun of each .wheth-!s!;; cr to obey or to refuse, and they .often. declinedl dissolution of thje Confederacy atnoh our thirty-: to comply with suehrequisitipLis It thus be-!j three sovereign States. It;6ears 00 res em blai.ee came necessary, for the purpose of removing jhisj j to the rec; gnition' of a foreign dc fic - govern-; barrier, and. "'in brder itd form a more 'perfect metit.(nyolving uo such respprtsibiUty. 1Any, Union," to establish a Goferuuient which coulki; j attempt to do this would, on his - part, -be a na act directly upon the people, and execute its owhlj ked act "of usurpation. , It is,' therefore, my duty laws nthout the interuieiiltateagencyof th(.' States. ! to submit to Congress tlie whole (piesiion iu tIl This ias been accomplishild by thc Constltutioij ' i 1 its bearings. The course of events is soiapidly of the United States.; ; ;1 Lfi hastening . forward, .that .the . emergency may In 'short. the Government ! created by the C ri-j soon arise, when you: may be called upon to de- stitutionjrand , deriving ; &s authority .from thek sovereigu people bf each ;of the several States;;; lias precisely the same right to exercise iih pow lT er over the peyJe of allr these Stat.-s. in the enumerated cages', that each 'one of-theni posses ses over subjects not delegated to the United ? States, but "reserved toithc States, respectively, or to the pepple." ' - . i ;. '. -- -:, - - . ' To the "extent - of the I delegated powers " the1 Constitution of th-e United States is as much h part of the constitution ot each State, and is as- j. oinoing upon us pepie,; as mougn it nad ucen textually inserted thereiin ; . 1 M This Government, therefore, is a great and; V; powerful Government, invested with all the at- j tributes of sovereignty pvjer . j the special s-ubjectsj to whih its autliorityi extends. Its framers; f ncvref intended to implant iu its bosom the seeds. - of its own destruction, nor were they at is cre-1 atiou guilty of the absurdity ,of providing for its ; gress and it is equally apparent that i'.s exercise own dissolution. ; It was not ' intended by its? ! is not necessary and proper for carrying into framers to-' be. the baseless fabric ef a Vision I execution " any one of these powers. ': Sol fan which;, at the touch of the eiicliaiiter, woMid van from this power ha ving beui delegated i to on isli into thin air; but a lsubstanrial and miirhtyl: g ess, it was expressly refused by the convepfcion fabric, capablevot" resis'ingi the slow decay of : which: framed the Constitution. ' ";: -.--'': --J: time ' and, of . flefying- tlie storuw -:.p'f "age's. ' ' lu'-i'i '-' I' appears, from the proceedings of that body, deed, well may the jealous patriots of that dav:-i that on tlie 31st '.3fayj 17.87, the clause ait- nave ludiUirc a tears mn- a government 01 sucu f 1 : 1 r li power? miiiht v okte.the reserved rights of the? Saes, and. wis?fy: did' they adopt the r-ulu of a strict construction ot tliese powers to pro vetit the danger ! But tliey jdid not fear, nor b:Ul tbey any reason to imagine, that the Con stitution would ever be so interpreted as to ena o oie any oiau : (iSouseut of he ble any State, by her own act: and without the jer sister States, to discharge her pe - or any; of their Federal obliiatioas.;'! , y oe asiieu . tnen; arp tne peopie or trip, j States without' redress againSt the tyranny and !' oppression of the Federal Government '? .By uq' means. The right of resistance on the part- of the govemed-against flie opph ssioii of their gov- i ernmens cannot be denied. lt exists independ- ently of all constitutions, and hlis beei'i exercised j at all periods of the world's! (history. Under it ; old governments have been HesToyed, and new ones have taken their place. ! I't is eiiihpdied in1 j strong and express langunge in our own Declara ' .- ion ofijndependeuce; But the 'distinction mustMi ever be observed tht this IS. resolution against at, ocf .lKlii; Virl nnenrnniflTiI 'niirl mir' n vntiintu- v . secession from it by virtue of an; inherent consti- j: tutional right. In short let' us look the hm- o-cr fairly in 'the facej: Secession is neither I more nor less than, revolution.) It, hi ay or it may not be a justifiable revolution,; but still it is a . . -4 ' .- " " - i . i revolution. -. V ' j j- -I - " i JVba in the meantihicj ' vs,'tiiov.. responsibility -l and true position of the Executive ? ' He is j bound by solemn oath before lG6d and the eOuir j try ''to take care that .the laws! be faithfully ex; J ecuted," and froni this obligation he - cannot, be .j absolved by any human power, Hut whut if the f-: performance pf this duty, iri whole or. in parti, j has been rendered; rini practicable by? events" oveir ; which he could have exercised ho control T Such ; at the present moment, is the case throughout'!" the State of Sauth Carollna, sp far .as.the laws of j the United States to secure tho admiiiistration of justice by meatis ;pftha FederalJudiciary are ; concerned. All the Federal I officers withiu it$ "4 limit through wHose agency; .alone these law$ j can be carried into execution j have : already re- ! sisned. We no lorger have i district: judge. i j district! attbrneiy, or 'unarshalJin South Carolina!, s In fact, thewhole inachinery pf the Fedenil-Gov eminent, necessary for the distribution of reme dial justice among the people, i has been demol. ished; and it would (be difficult, if jnotviuiposi sible, to replace it. ; : ' I The only acts of Congress ou the statute-book, bearing upon this; subject, are those of the 28th -r-t ( t n 'jjij'O J t . t 5Yi ' 'f L" " jj. enrnary,--nx, ana;ou jiarcu, jcui., inese authorize the President', after he shall have as certained tlfatthe mairshal with, hk n&xe crm.it(i- tt,r'unh.a tn v.ihrA Mvil InrriniinAl ' iiympsa I rivil fori criminal process In anv particular case, to call i forth the militia 1 ni Aranln thfl amrv and niivir tal ilm in i' performi; g this s sen-ice, having first by procls - nded tie insurgents wto (disperse ceably tp their !respcctiv abodes, mation commanded tee insurgents 'to idisnerse fj m;- nklv in ihr !r.wnoMteo uLJ w ! with n a limited timfe-'Thv? duty cannot by p l sibility be performed; in a St where; no judU f Aihl flntbnritv p-rists rt ' 5jSjip. nrbcrs. anrlkrhfr ;f tne re is no marsnait xo execute it, ana. wuere, ? even if- there were such an officer,; the entire population; would constitute, one solid combina-:" L tion U resist him. 'i ? . - :V :t :rfLhe bare euumeratin of these provisions ! proves how inadequate theyi; jtcfj without further legislation i to Overcome a united bbbbsition ia a .' einob; Smt: hot tysneak oft other States whoi ry out more effectually tlie objects of thes Cou stitution. ' ' - J , '.The s,me in-upcrablp obstacles do1 notjic in the wuy of executing the laws; for the collection of the customs. The revenue still eonthmes to be collectetl, as heretofore, at lite 'custom house in Charleston : and should the collector mfo.-tu nately resign, a successor may be appointed to Then in regard to the proimrtr of ihe United States- iu South , Carolina.' This has lieen pur chased for a fair equivalent, "by thVcousent ti' the legisiatnre or the State,'' for the 'ereeio of fortSi, magazines, arsenals,"; &c.; and -over these the authority "to exercise exclusive legis lation' has; been expressly granted by the. Con stitution to Conqrress. It is not believed tu-t cy , : the responsibility . for consequences would no authority to diiile what shall be the relations ess to acknowledge the indepeuacuee. of ithat Sta: tive e. This wpuld be to invest a . laere Execu- officer w it h l h e power pf rect.iirri fcsing ' the cide the moiuen ous question whether youipos- sess' the power, by force. of arms, to compel a Suite to remaiu ia the Union.-; 1 should feefniy- self recreant to my duty wer I not to 'express an iipiifion on-this' important. subj,ect. 1 -i - The question fair'y stated 1st' Uas,J the Con stitution delegated to Congress the, power too erce a State intj subniissiou Wb'c'i h attempting t withdraw or has acutu dly withdrawn froin the Confederacy;? If answered in the - atfirU;fiVl? it uiust be 011 the principle that the power j has 1 Ceu conferred upon Congress to declare and to make war aginst a- State, After much serious reflection X have arrived at the,; conclusion 4 that, no !-ucli power hag-; been " delegated to Coiigress or to auy jrhcr depart,uentof.;th'j?ede'ril;'i-0v:. eminent.. : It is iuanifest.1 mpon an inspectiorf. P the. C pi the Constitution, that this is not anion'' . the pecifican 3 enumerated powers granted to, Con J -Vt "J -l."c J ,yri c UJ "c (iff a hist, a delinquent Htat(f' came up for coysidr ' -rr if inn Mr l suit son - i'inrinst.n it ii. s. hripf riti t ! ' tiiiwcrfnt SlWi'cll. from whieh I ssfljill PVfrMML K it i " . single seiitence. He obs ned; " The Use of force agajiist a State would l.ouk'mor? like a' dec : itioii of war than an inflict on. of punishment ; and would probably be considofed by, the party jittacket assa -'dissolution "of a'l pri viousicoQipHCts by which it might bu bound." Upon; his iijotiou the clause w s unaniuir.'usly - postoouqd. ,aud was never I believe again -.presented'. Soon I jitter-, wan.'s, on the Sth June,.17rt when incidentally; ytiverting to the subject',- lie said ; , A rryi Gov ernment for the United. States,: foiined' on. the supposed practicability of using firce'airaiuM the' unt ot)titut'onal proceedings of tlieStates; wpuld prove as visiouray and fallacious as the govern-, merit of Congress, ".evidently meanmg . the thn existing Congress of the old Cpnfederacy.- . Without descernling to part culars, it may. be safely assertei, that the power, to make t war aga'r.iSt a State is - at "yariaiice -with - tlie W'hole spirkt and intent of the Co istitutiou, Supnose such a war should re.-:ult in the conQueti of a . State, liow are we to govern it aficrwards if Shull we hold it as a province." and crovenuit bt desr QStic powr? In the naftrre bt things We could not. oy pnysicai iorce. copiroi niu W4ii oi me peoph, and compel them'-to t leet senators and rept e.-eu ta i ves to Co igress, and to j perfoitin all the uhcrduti.e.s depending upon ; their own f ypji tion, and required ironi- the free, citizen of a free' State as a constituent member of the" Con federacy. ;. ' . -' ' But, if we possessed this power, would j it be wise to exercise it under existing circumstances ? Theiobjcct -would doub'iessj be tt j preserv ' the Union. War would net only present the j most effectual means of; destroying it y but would ban ish' ail hope of its peacpable reconstruction,. . Be sides, in the fraternal conflict a vast aniodnt of blood and tn asure would be expended, rendering 1 future reconciliation between the States inbossi- 1 ble. in the mean ;..time,i who ean , foretell what would be the sufferings aud p'riVatioiis of the' people during its existence - . ' i. 4 ', I : A ; ! The fact is, that O'linipn, and can never of iteirizeus shed in the aSVetions of the people perish,; Congress possesses many means ; of pre- j serv -n it by C"nciliaiion;'butthe sword :was not placed in their haud to preserve; it by dbree t But may I be permitted solemnly to invoke iuj "1 country inen to. 1 . - . . ueterm:ne to ct which has ever Biiice t he world since the world besrafi ? It has been consecrated ; by the blood of pur fathers, .by the glories of the Dt. aud by the hopes of the future. The Union 1 fl haalready made uu the most prosperous and ; cie ! loig, lll. if preserved, render us the motet jppw-'';f Irerfalbatiou on the face of the earth, i Iu very j crfol natioii on the face of the earth, Iu every , toreigu reg.ou ot tne gippe tne nue oimricau ftzeu is held in the highest respect,, and jwheo vjui r'T ' Surely when we icach the brink of the yawning j abyss, we shall recoil with1 horror ; from the la?t fatal plunge. 'a Bt.ueb dread ; catastrop;hte Hpeiot tb friends ot freedoi yhrpughput tne jl world wcH birdcsrroyed,; a leaden despotism would eushr pud the tatiun. Our ;xauiole for more than eiirhty yearn would pause an-I deliberato betore 'they in a state ot rcvoiutiou against tne uovernnient. ;.i v" - ;.v';V estroy this, the 'greatest teiinple ;! A restoration of the African slave tradff had nu- , 'Uk been dedicated to human freM 'ui 1; merpus , and ,poertul ; advocatcKv; y4 Ualawful.-; M It is not every wrong nayK it ,'is notercry grie nou.Vwjrong -r which can justify a resort" to such a fearful ialtftrnativc. : This ought to b'tt the last doperate" remedy of a despairing people, :J- ier every 'incij constitutional means or concilia , tion had been exhausted. We should reflect 'that binder this fre4 Government tliere is an inceu'it eb&and flow itij public opinion, " The flavety qiu s tioi like everything human, will have li. d.ty; , I firmly belie'!) that it has already reacted and ,; passed the culminating point j v liut : lf in tbe' midst of the existing excitciiicnt, the Unvon shall perish, the evij may then become irrejariblc. jCougress can Contribute much to avert it by pro posing aud reebmniendiug to ; the legislatures 'of . the several States the remedy for existing revile, which the Constitution has itself provided tor its own preservation! i This has been tried a1 differ-; ! cnt critical periods of our history, and always with eminent success. : It" is to be found in the . 5th article prof idihg for its own amendment. j i-- Under this article amendments have bem pnv; posed by-; two-thirds of both houses of ; 06gress, and .have, been'; "ratified' by' the lngislaturc a oT three-fourths of the several States'' and have con-i sequetitly become parts of the .Constitution, . To this process the country is indebted fer tile cla use prohibi ling-Congress from passing anyMaw'.res-. pectmg au esUiblisumcnt of religion, or ubrit'ging L t he freedom of speech or of the press, or of. the rUMltot petition. - . ',,'. H....:' :;v-. mFJ To this weire,ialso, indebted for tn 4 Bill of Bights, whiehl secures .s the, people a'ainst atfy: he Fedcnil Gverni.ient. , . ; abuse of poweis by the S jch: were, the apprehensions j justly eufcrtained - by the friends pf State righ s" at that period as to , have rendered it ! extremely doubtful whether 'the Coustitutioli could have loiig .Vurvivea with-, out ' these ainendnientSi - ;-;. ;" K, - ..''jV'r., ;-':-, Again, the 'Constitution was amended by tlie ' same process alter the CiCctiou of President vlef- 4 ferson by the House kif Bcprejientatives, ; in 'Fe bruary, I8J0I j 'this auieudinont.,Was! rendered necess.iry to prevent 'a recurrence of the dangers i which hui seriously threatened the ' cxittuee of LV; lis the ovtrnineiiit during the pendency cf. that v K;lK;v:fii election. 1 heiarticie tori's own anienUUiOtit was , ; iiteiidei to secure ;-he amicable adjustment ot . ;: V-' 5 coi.uictiuy; coiistitutioiial.- questions .likx the present. Which jmiht arise between the irovcrn- ' i nitMits of the States and that of tKeUniieri State. - j" 1. 1; ; This oppeais' fiidiu.' contemporaneous hist6"y ; In ifhl 'a' '7 this couuectiont I shall merely icnll atteiitiou to f-& f3 few sentences in 3Ir. 3ladion'4 iustl ice!eb'r'ttted '''X'.'.'.t'M'-M renOrt. iu J 1791, to the legislature of Virginia Iu; , " ; - : this ho" ably ai?d coucliisiyery defended the reo- y lutious 6f "the preceding, .legislature against ..the'-- -.'v ; strictures of several 'other Stito legislatures,; .'vr ; ' nt. .: 1. j.'.!.':.i.. u.i'4j '.u-i. a.. 1 i-'-x','.-Vis".s;.' the Virginia legislature 'against t'he VV'ti l.an'di,;f: 'f Sediiioii Acts rj as i" palpable and akrnimg in-;: T; i;"";-jgi' fractions of thej Constitution' In pointing Vut j -1( the peaceful and cousfitntioiial rcmedje?i atid,.he referred to none other, to which the States .were authorized tdj rort on such occasions he con cludes by sayiiig, 'i that Uie, lekislafurCS of the States iniht hiie.niade a direct rcpiCseutatiou to j iCongies withla-vicw jo obtain' a rescind iig of -! ine 1 wo ouesiye avis, or iiicyi. migut, nave re presented tp their respective senators iii! Cougresit their wish thatitwo-tbirds thereof would, m nose ' ...4i.i j - - -iA 1 a e-xpianaiory and'-nouieui to tue ' vjpnsnnuuoii, ia; two thirds of themselves, if such had. "been '4 tln.it - nmnii-iri : jn5rrtf Kv :in . ntinfmuttV.it a OX' i - gress, have obtained a conventiou irrpu' liv iihtkiiini! a cun vViitimi' ' .m', .for Ih'Vlsahtfldi''l' -1 '-ife .!.: " . " ! '." - , a, i:tjet;L - 'Ph .is is" thjp very course which I earnestly; i--r!A "j'lf'j '.i' " 'pv ftiicnd in ' (ij 1 der to obtain an explanatory i ' 'A ' i 2 1 diiioni of;t..e Constitution mt ihe isubi -i:t'xiU '.'a :.' i lil'.sl' coiimic amcndiiu'iit ot ;t..e Constitution mi ihe subi it-t r i' .slavery. 'This iiiiuhtpriginate with Congrcsb -r the Sfate legiftaresas iuay ; be: deemed; most advisable Jo a 1 tain the objecf. Ifce explain.t ry amen inient tnight b coufiiKHi"'; I yfjK Mi to tne Dual settlement 01 tne true construenon-ot ,--';; U m the Constitution, on three'sreiial rsiintl." ' - '.'.r 11 ,Aiiv express recttgkitioU ; ot ' .hp!! rieht of i a-Ma:: - :'" "property in sla ves in ihe States where it bow't'S;'1. :izf,ijW its ur majf hereafter exWvj. ; . ' jA'it-AV o 2j TbeV duty Vf protecting thin rightin aliV cbpiir&u Territpiies - tlmitighout their territorial ' .'.;.., -.ii ; . existence, ana uutii ; tney nau v& .unittcd"ns ; States fnto the tiuion, 'with or without !av6ry, J as their constitutions may prescribe." 3J A like recp'gnition-of the right 0 A -x it e riiaKr er. to have his lave, who .has escaped; irutu nd 'A 'bta.te.tp aiipther, rcstori'd and deli tcrcTi to bun, and of- flie validity, of tho fugMive-WMVtr tly. null aud .void .;':J. ;'; I 'iAv . ' ., It iuay be objected that'this , coU8tjiutiuji f ,' i theCunstitlitionlias already ; been settled by the' : Supreme Court of the United States " in Iwhut 5 more ought Jif require V The answer is,' that C A a very large proportion of the people- of the ; 1; Uuited Suites till coiitebt the correctnfcs of this'-! ' law. enacted for this purpose, ; together with u f, -J-k ' i claration that iiH'StateJaws inipairingpVdefVat- :f V ing this right-arc viciiatKins of the ConstitulIouL A 'J' ; a -it and are coiisequn decision. ad ncer will cease froni agifatio'n ;&nd'.-f j '. ;M admit its biudinforca until Nearly 'i-esta'bliithcd' llfv- T h m by the people ot .t'.e several States in their 80ver- ;'i :' eigii character. Such an cxplanato,rr amendment. " would, ltts believed, forever terminate the exist- ing I dissension and Restore jcacc aD(l bariupnjr I auiobg the States "" T t iimht. not to It ought not to be doubted that suci at appeal 2 to ihe arbitra-neut establiwliid by the on&utri lion iiscii wwuiu uc i uceiycu. wiih tavur 8l r . '. .....il i. .....1. - .. .. t n the States of the ;ConfederaCyV' 1 In- any vcivt it rial office, the apect neithpr of pur fpreignror ; ; . doniesrief afiaire was at jail Satisfactory. ,V '.' aM-L were involved in daugeroUseomplicatipn with ' V several nations, and two of Our; Territories were : .--.- r 1 . ' 1 .1. - ! . ' 1 - . 1 1 1 military expeautos many of our citizens, aiid "were suffered, . in iauce c the fcffoits bt the. Government,' to escane frr , our shores, for the purpose of maki ug isfar nfU ''; A the. Unoffending people ofneighbOring iy !as ' 'a--, f ' with whom re are ptace; -; ,V; .'? ':A -a , with whom we are at peace ;; - Jfu::'ylf:fcf auwu,;f u,luculLI.tifv;f :A v-:A exjriencea a revulsion in. roopeiary anairs, m;,-' ana.oi ruinous coucuucu.u w .ai i jib rreai iu- . . i ?ri terests of 'the country. v When we tikct a retro-' spect of what was then our condition and c - a. a ? m Vrat tins with its 'materia) prctfrity.fct; the tit . i ' of th jlate presidential election, we haye ebiit. 1 antireasoii to-return pur grateful tKak! 'tit th.-.t merciful Providence which' , has lie uk fort ? . ;i usis a nation in all our past trial? j ; ' 1- 3 - Si t:. t i- ' '- II m 4 I i '' "''-E:f1 ' ' ' rA. I-.- -a f 'may placc;thmsekci in f a similar attitude.; (aruotUmly be lost; but Ii wouldbepUotcdait con- ' '"-"::':vl -'''v' AAf '-AA ;f:y 'l:,l:A-;-:'-:A'A:: ' - '- ' A ' ' " A-) ' K X': - i ir;:.vr A-iA: ;yr:.-j- S r ; ' fA 1'J -A ; A-:- VAXA--AAr::'- - 'WaaaXS If .VL.'.' fi v sv,, 4x' -r 1 ,-j - . IA-J A'. - -I- '
Weekly State Journal (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 8, 1860, edition 1
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