The Oregon Argus. (Oregon City [Or.]) 1855-1863, January 12, 1861, Image 1

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    TifiToiHSOOy AUG US.
' " ' BV W. CKAHJ.
, TERM 0F SUBSCRIPTION.
. ' it kiiJ in admire.
HATlCrtOK AUVICItTISINOt
One qimte (twiilv l;nr, ur m, brevier mner)
ano iiii-rii(iii ft H Pi)
K n it nuliwntiKiit inx rlluu I
llusltirMCiirilaoiiiiyrar SO OU
A IiImtuI iln liiclioa will ku Hiiilt Is IUms bo
ilroriicby tl.i jeur.
tf The tmnuW of liiwrllom tbouM Im noted
11 (he mnrfia nf nn ailvi-rilwuienl, eilirii i
will bo publiahcd till fvrbUJiii, suil almrgrd
eunliij!y.
l"ST Obiliiary notlcri will b elinrjtj lislf tie
above rain ef iJirrlitiiij.
CT" J"i Psintino ftCUlJ niili ncitntw tud
Hlrp .nil.
i'aijment fir J'ih Vrlnllng rnuil It tneui
rli-Ii'rri v nl Ik trork.
uietit. It is manifest, upon uu Inspection
of the iirtruiiicnt, thnt-this is not mining
the specific und enumerated powi rs granted
to Congress, and it is equally nt-piirei.t
that its exi relsu is not nccomry umi propef
for carrying into execution any one of Ihosn
mm
- .1. aaf paid
,. i I....--J iV niii in at mnnlka.
p .-.-II "J. mU.imm.l (nr mis Ml
' ' - .. .-II l- .L,.r..l fnr ml I mri.i,.
A Weekly Nevmper, devoted to the Interests of tlio Laboring Classes, nnd ndvoenting the side of Truth in every inane
Hm topf iitonlioo' unlil anraragn
Vor.. VI.
OKEOOX CITY, OIIEOOX, JANUARY 12, 1801.
No. 40.
yjOSSlDBNX BUCHANAN.
Mba-Wi" if tht Stnal and
' lhuuf R'P't unlal'Mil
Tlironhout tlm yewr, sinec our Inst meet
iflir the ciMiniry eminently pros-
p)Ul in its niiiUTiul interests, thu general
Lth Iwi been excellent, imr harvests
heeu iil.uiiiliiiit, and plenty smiles
throwliuu' 11,0 '""J our ,ree
nai,uf,icturcs have tcen prosecuted with
iirruj Mailt J, and huve yiel.l- fair
mJ amli Mums in short, no notion in
tliii tide of timo hue presented a spec
tads of Kn'"tur ""'u'riu' rort rily tlmn
wc h dutu until vvry recent period.
CACS Of 1MB SF.CMslO A0ITATI0.
Why is i'i l,,t'"i discontent now
extensively prevails, nnJ thu union of the
Stutm, which i the source of nil these
blessing! lg threatened witlulcstruetiou?
Tli long-continued and intemperate inter
ference f Xorllwrii people , with the
qai-stlen of shivery in the Southern Suti-s,
has at length produced its natural ifTcfts.
The different sections of tho Union are now
strayed against rich other, and the time
bai arrived, so much dreaded ty the Fa
ther of his Country, when hostile geograph
icul parties have beru formed. I have
Ion foreseen and often forewarned my
countrymen of the now impending danger.
This duos not p-oceed solely from the claim
oa the part of Coiyre, or the Territorial
I,"),'ijlutures, to excludu slavery from the
Territories, nor from tlie f (Torts of d ffercut
States to defeat the execution of tin? Fugi
tive Slave law ull or nny. of these evils
mi'ht have been endured ly the South,
without ltnT to tho Union, as others
have b'.'cii, in the hopo that timo nud re
flection nrjjht njply tho reim-dy. Tho im
mediate peril nnses, 'not so much from
these causes as from the fact that the vio
leut attacks of tho Slavery question
throiiliiiut the North for the List ipnrter
of a century, has ut length produced it.
malign iulliionco on slaves, nml inspired
them with vague notions of freedom.
Ilunce secitrity no longer exists nround the
limily ultar. The fueling of peace nt home
has given place to iipprchensions of servile
insurrection; many a matron throughout
the Smith retires at ni'ht in drcd of. what
may befall herself and lior children liefore
the inoruiiijj.-. Should this spprehcusion of
domestic danger, whtherri'iil or imaginary,
extend and intensify itself until it should
p:rrad the masses of the Southern peopl",
then disunion will bo inevitable.
Self-preservation' is the first law of na
t:irj, and has been implanted in thu heart
of man by his Creator lor thu wisest pur
wws; nnd no political Union, however
frjui,'lit with blessings and benefits in nil
other respects, can long eontiuue, if the
necessary consequences bu to render the
hoin'Amul firesides ol nearly half the par
lies to it habitually and hopelessly insecure,
S:io;icr ur later, tlio bonds of such a union
must he severed. It is mv conviction that
this fatal period has not yet nrrived, nnd
my prayer t Clod is that He would pro
tcrte the Constitution nud the Uu'ou
throughout all generations; bnt let us lake
warning in time, and remove tho cause of
daag.T.
It cannot be denied that for five nnd
twjuty years the agitation nt the North
a;aiust slavery in tlio South has been in
wssant. In 1831, pictorial h md biils and
inlliimnitory appeals were circulated ex
tensively throughout tho South, of a char
acter to excite the passions of tlio slaves,
" ami, in thu language of G mi. Jackson, to
stnulito them to insurrection, and pro
don ull the horror of a civil war.
T ils agitation lias ever since b"cn con-tmni-d,
liy the public press, by the pro
ceed ugs of State nnd county conventions,
nd by Abolition sermons and 1tturea.
T ie time of Congress has been occupied in
violent speeches on the never-ending sub
jt, and appeals in pamphlet nud other
forms, endorsed by diatingu'shed names.
bHve been sent forth from ' this cn'ral
point, and spread bro idcist over the Un
ion. IIow easy would it be for the Amer
ican people to settle the Slavery question
forever, and to restore po ice nnd harmony
to this distracted country. They nloue
M'do it. All that is necessary to accom
plish this o'ljeet, and all which the Slave
States have ever co it n led for, 1 is, to be
let alone and permitted to manage their
domestic institutions in their own way, as
rercign States; they, and they alone,
re responsible before God and the world,
for the slavery existing among them. , For
Ms the people of the North are not more
responsible, and have no mere rght to in-t-jffcre,
than with similar institutions in
Russia or Brazil . Upon their good sense
lid patriotic forbearance,. I confess I still
patty rely. Without tlH.r aid, it is be
T'nd tiie power of any President, no mat
kr thaf mar he bis nolitiod woclivities.
to restore peace and harmony among the
TB UECTIOS OK MR. LIXCOI.N NO CACSK FOR
; ' ' ' n'martrfTTtrW-
Wy limited and restrained as is his
Pper under our Constitution and laws, he
"ow can accomplish but little for good or
.1 . sncn a momentous question; and
OiubrinM (lift tti aheirv th.if thn All-tinil
ny one of" oar lellow-citiwns to the
? of Tresident dos not, of itself, afford
I cans far dissolving the Uuion. , This
ore especially true if his election has
effected bv a mRre n1nml; and not
!!jority of the peopl. and has resnlted
transient and temporary eaases, which
"7 probably never again occur. I n order
"JBStilr a resort to rerotntinnnrr resist
the ' Ftffcral ftnrnmiit mild hp
of deliberate, palpable, nnd dan-
excrc.se or pbwer not urtrnt d hy
Coiwtiution. . Tne late Pr.idential
Zjm- nowever, las been held in strict
orinity with iU express provisions.
5 tnn,can the result justify revolu
o destroy this very Const itat:ou?
justice, and regard for the Consti
WB. H require that we shall wait for
some overt and dangerous net on the part the same, the Fiig.live Slave Law has hern coimn.ited to it. It was intended to l..
r the I'res dent elect, before resortinp to the law of the laud from the days of Wash- p . rp. tiiul, and not be h illcd ut the pirns-
such a reim-dy. It is said, howevi r, thnt iiuttmi uutd tho pres -nt miunt. Ueri nre of any of the contra' ting partu s of the
tho antecedents ol the President l ct have the clear case is pi-cseuted, in which it will Coufed' r ation a pcrK.'tual Union between
been KunWnt to Justify the fears of the b thr dmy or the next Pivs d nt, as it , tho Statu; nud by the thirteenth article,
tioulh that he wdl attempt to invade th-ir , h-is been my own, to net w.tli vig.ir in ex- it Is exprrs-ly d -larcd that the nrlieles ol'
Constitutional rights; but are such nppr-.-Renting this Miprenie law against the eon- this CouMrriitioN shall bo inrv tnbly pre
hensions of coutingriit danger in the fumre, fl ding ciictiuails of Statu L.'irish.tnres; served by every State, and the Union shall
sufficient to juitily the iinined tt to destruc-' Khmild he full iu the perfurnmiice uf tit w be perpetual.
tion ol the noblt syst m or government .July, he will then have mauilest-d dis- Tllt. ,,.,!,!,. r tho Constitutfon of the
ever .levied by mortal re.r.l of the Cnstiiut n.l laws, to the Uu;tl, &M llwl reference to
l;rom the very nature of his offl-o, mid ; great injury or the people el u. arly one the rlic.n of Ci.nfrderui,on, stairs thnt it
... , ..n,,.,.,,,,,,,,,,, ,.i i,ut-e,,n.y ,
luiuisler.iig I he vist nud coniplienlcd eniM
cils ef this Government, iiQVmls in itself a
Kuarauijr nun nn win not uiiempi any ,
v.oiauon oi n Clear t-oiiKtiiniionai rtiht .
After all, ho is no iiw.ro than the ,:i,it.f ex-;
has ever passed Conress, unless we niay
possibly except the Missouri Compromise,
imp tiring iu tlie slightest decree the right
of the South to their properly in slaves iu
it. And it may ulso be observed Judging
from present indications, that no probabil
ity exists of the p iss iirti of such an net by
a majority of both Houses, either in tlm
present or tho next Con.rr.-ss. Surely, un
der these circumstances, we ought to be re
strained fmm pr s-nt action by the preenpt
of Him who spike as nev r us uev.-r man
spake, " SuTieient to tlm d iy is the evd
thereof." Thu tlsy of evil tuny n v r
come, unless we shall ru-h'y bring it upon
ourselves. Jt is alleged, as oae cause to-
imm'-dialu secssion, that tun a-mt t -ra
States ura dctd d equal rigl tt wPh the
other Stales iu th - common Territories. .
1 jut oy wnni au nar.ty ore mese a n cu;
Not by Coujrre-a, which has never
passed, and I believe never will p iss, any
act lo exclude Slavery from these Territfl
orics; and certainly not by the Supreme
Court, wh'ch has solemnly decided U"t
sluves nro prcp rty, und, like ull other pro
perty, their owners havu a right lo take
them into common- Teritori -s, and hold
them there under tlie protection of the Con
stitution. Bt.AVF.RY IX THE TERRITORIES.
- So far, then, ns Congress is concerned,
this ohjeot'on is not to tiny thing they have
already done, but to whit.tlr-y may do
hareafter. It w II sur -ly bo a im tvd that
this nppruhetision of I'utim d m.r is not
good reason for an nnaie I ata d.sso'utio 1 of
Ihe Union. It is tru , that the Terr.torial
Legislature of Kansas, on tlie 23d of Feb
ruary, 1800, passed iu great haste nil net
over tliH veto of the Governor, d-clnriug
that shivery is nnd shall bo forever pro
hibited iu 1 hut T.-rritory. Sii'h nn act,
however, phi n'y vi il itiug tlio rights of
property secured by thu Constitution, will
surely lie declared void by tho judiciary
whenever it shall bo presented in legal
form. Only three days after my inauiurii
tion. tho Sanreino Court uf the U.iiled
States adjudged that its power did not exist
in a Territorial Legislature; yet such has
been the factions t-inper of tlio lines thai
the correctness f this decision has been ex
tensively impugned before thu p 'ojile, and
the nuestioii lias given rise to angry political
conflicts thruu-xhout the country. Those
who have nmu-alcd from this jinl-jmeet ol
our highest coiiritiiniiouul tr.bunal to popn-
ar assemblies would, il they emil,, invest
Territorial L-gislatnres with power to annul
the sacred rights of property. I Ins pow
er Congress is expr'ssly turml l.-.-i hv tn-1
Federal Con ti u Im to exercise. Kvery
State Legislature in the Union 'g forbidden
liy its own Constitution to ex rc'sn it.
. . . . .... .. 1 ! U...4
It cannot oe cxereiseu 111 "j o'"i v.i,th
by the people in their high Rt sovereign
capacity, wh n framing or amninling their
State Constitution. In like m inner it can
on'y he exercised by the peopl o''the Ter
ritory, represented iu a uouvenion 01
delegates, for the purpose of fraiuiiiir n Co 1-
stitution. prcpir.itory to a.tinissiiin tin a
State into tho Uni-m. Then,-and not
until then, are they invested wnh pnw.-r to
decide the question, whether slavery shall,
or shall not, exist within .their limits.
This is tin net of sovereign authority, nnd
not of subordinate Territorial legislation for
it; otherwise, then indeed would the equal
ity of the States in the Terr tarii s be des
troyed, und the right of property in slaves
would depend, not upon the guaranties ol
tlm Ponstitntiotf. but upon the shifting ma
jorities of an irresponsible Territorial Leg
islature.
. , ' THE Ft'CITIVK SLAVE LAW.
' Such a doctrine, from its intrin ic iin
snnn.liipss cannot long influence any por
tion of imr people, much 1-ss can it afford
a good reason for a dissolution of the Un
ion. Th most palpable violations of Con
stitutional duty which have y-t been com-
m'tted, consist in the acts 01 u.u rein 01H...1
legislatures to defeat the eXeeiition ol the
Fugitive Slave Law. It ought to be re
membered, however, thnt for these acts
n .itlir Pnmrnfs nar anv Pr-si lent can be
justly held responsible, having been passed
iu violation of the JMi-rai ons iuiu..ii.
They nre, therefore, null and void. AH
the Conrts, both State and Nation tl, be
fore whom the question has arisen, have
from the beginn'ug declared the Fugitive
!,.. 1 1 tn hp Constitutional. Tiie single
tutafil'ished over
premo Court
perf-ct unan in
express provision
qn'rng tliat
from service m
b delivered up
iHTri: itself could never
met fciiiv n.'- -
I Ai- hw t1i CmiT4nfOn.
" i""" ' t..iiii.BK.Mni:in v, hip ii.--iiv au Timsu powers -tlie highest uttrumtes ol: frm it, by virtu.- or an inln-reiit rih(
nice is not to make, but execuie its las, i.trat.on, t.oi.gh orten. it istob regr tied, national sovereignty-place both the sword Jnort let us look the d.mucr in the luce
and it is a rem irk ibln Tact hi our h sto y ; w th great loss au.l inconvenience, and with ttm ,!le ,m,-s0 (ltl,Ii-r its control. See-ss on is nothing more er 1 thai
that nothhsiandmg the repented , IRls . cousid. r.bl,, expens.. to the (Jovernn,ent. c , - k d rrvollltioi, lt ll)tly or it may not be Jamil
of the anti-Shivery party, imt a snnrle acti L-t in trust that the Slute Leiristiit tires ..... . ' r...i.t. ...,!.,. ;... i.t ci;u it u n.mtn-n
MT,.. i,t an is that of a Stato Court m vv is- yi
eousm, and line nas not ' ? , u ..Lr r M-idiso-, who his been called the the " ba-W fa'-rie ora vision," wh.cli, t,y
hy the proper uppell ite tribunal, but ha f1'-" Tj wa f, rmed 1 fie ton-h of the enchat.ter. would vanish
m'-t wth. such nuiversslreprolr.tion, that athro llir-l,nt a substantial and
there can be no danger from it ns a prece- by tha Stal., that ts, by the pea, U in , n o .,, a,
dent. Thevdidity of the law ha. hem each ot actmx ui nre.r - -f . " (J ,,(.fT;IU the storms
ana over 1.' Yi-.Z. ..' ii.nri hVh form.;i the ag-s. Indeeil. many i-alous patrols al , (o l.ongrcss (tm Kver to lor-p n .-,iup ,,, u
1 Vxm Ku. i mvtrtyntrn ran icii t. hi hp i (i i j " . . .
of the Ln.U-d States, woa, rv w f . t,wt ,, b:lW UM le.rs that a gov- .ubm.s,on, which . r ,rnpl,ng a win-
ty. It is ounrn Z : h h. , rirtAl n- of ih- term. ' erntneut of such high powers m ght violate draw, or .... already w,t.,dn,w m .. e
"!'n0,.,"l:r;il:h e sphere af its pawec. then thai the nerved ri,,, of the States, and we- Uonledemey: 1. M""'"?-
ingiuve -.---1 7; " ' ,omml, ' ,i br thc Constitutions My did they adopt ine rni- ot a strut cob- na, must on .hp , r.. .,..r
one State t " ; .Z ' I ,"V o. . ;tt. n .ral ti!irr- ! stroet'on of tlmsi powers, lo prevent the power has men eonierrru upon i."n;. .
to ther misters, vv.inon. n, ;7 ' i ;,.i ,.:,-1ti,a Anzr- and thev did not fear, nor had di-elare and m .ke war against I Maie.
. : 11 known historic! It i. bk tli-m, organ ze-l into l.-g sl itive. n.ni r, an . . ... . . mm ,..-,; 1 have r-
u m n, SIaies or Ihe L n.on. Jiilt are
we to pr'-snuie in advance that he w, thus
volate Ins duly! Ibis would bent war
with every pnn. iple of jut ce, or Christum
I)!?"nl7' . ''w w"'' 'nr
rnarny. i.n us wait lor tlie overt net.
Hie fugitive slave law bus lieen cnrr.eil
in o ix-entimi in every counted case since
r.l.. . ..I...:..
wm repeal their nneons ,,u.,ou,,l iMoih
... .... ....
1"vu"".;. ' .
done, without unnecessary d.-luy, it is tin-
possible for any human power lo save the
Lnion.
TIIE SOl'TtirnX STATES HAVE A RIGHT TO DE-
jiasii it.
The Southern States, standing on the1
tj -f .1... n !...:.... I ...i..
basis of ihu Constitution, have ar udiltn
Ul Hs of th remainder,
ii. ss .1 lite reuiaimler la that eve.tl the ;
injur d States, alu-r l,,v.,,g ftrst t.std
pem-cfti! and cnnslitut oaal means to obtain
redress, would lie just li-d in revolutionary
resistance to the Government olthe Union.
Til F. MfillT OF SKCKSSKIN IIISCDSSKn
I have pttrpos'-lv canfiued my remnrks
to revolutionary resistance, because it has
ne, catinen, w.-um ine lew past yrars.
V.I.1V I.J UMIkll PIK.III.I IK Pllllll IIC ill I .
sovereign w II nud pleasuri. mtv seeed
from tho Union in iiecord-uico witii the
Constitution, and without any violation of
t!iu constitutional rights of the oilier mem
bers of tiie Co'il'ederat-y. Taut as each he-
came parta-s to the Ln oa by ihe vote of
its own p. ople, rssembl ,1 m touveiitmn,
so tiny one of them in y r-tiro from ih-j
Union 111 n s.tmlar iiiauier, by the vote or :
sih'h a Convcation. In ord-r to justify
secession its 11 1 st tiitinnal remedy, it must,
be on the pr iieiple thatjlte Federal Gov-I
ernment is a m re voluntary association of!
States to bo dissolved at pi nsuro by
ol the contracting parties. If this be so.
thu Coiislitut 011 is but it rope of san I, to
be penetrated and dissolved by the first ad
verse wave of public ojiiii on in any of tho
States. In this manlier, our thirty-three
Stales .may resolve thrm-elves i to as many
P'tty, jirring, and l o- lIv'u lies, nh
0 ic r. tirinr from the Uu on witimut respon
sib I ty wie ie'ver nny sud e 1 excitement
m g'lt imp-1 them to ?nch a course. 15y
this process a Union m'ght h i ent riy bro
k m into frigm -ills iu a few w -eks, which
co-t our forefathers tn my ve-rs of to I, pri
vation nnd blond to establ h. S ieh a
pi'iucipla is wholly iuen is e t with the
h stoi-y, ns it was fram d with the greutit
deliberation nud cure. It wis subm'tted
to Convetitioiis of Ihe peo;ile of the several
States Tor rat.fieaCou. Its p-ovi-aons were
(psciissi fl nt length in those h alic s. compos
ed of ih Rest men or the con itry. Its op
ponents contended that it 'Old rrcd power
upon tho Federal Goveinni'-at d iiigerous
10 the rights of the States; wl.i'st its ttdvo
c itcs in liutained tint under a fair construc
tion of the instrnin-nt, tV-ro was no founda
tion far such iippri-hens on.
In that (nightly striuglt between tho
first infrllewcts ol'th s or nny oth- r country,
it never occurred to any bid virtual, either
am ng its op lonents or ad 0" it s to assert
or evn to intiin ite t'int t 1 ir fforts were
all vriilalior, because the moment tint
uny Stat fk-lt herself iiggr;evd, she m'ght
secede from the Uu o:i. What n crushing
argument would this Jinve prove I against
those who dreaded that tho rights of the
States would be endingered by tic Consti
tution. The truth is, that it was not until
many years after the origin of the Fed-rul
Government, that such a proposition was
first advanced..
It was then met nnd refn'ert by the eon
c'niv - arguments of General Jack-am, who,
in his Message of the lfi'h of January,
1833. transmitting the tml' jing onliuuice
or S"Uth Carolina to Co gr ss, employs the
following language: "The right of the
people of a single State to ab olvn tbem
selres at will, without th" eaasent of 'he
other States, from th-tr mot wrtimvi obli
gntions, h izirds the liberty and happiness
ofthe miH ons composing this Uuioii, an 1
. . . 1 .J C .-I. -...I...'.-
C moot oe nctC'iowied -en oucu Hinnni iy
is hflieved to be utterly re:ng a it, both
to th principles npon which the General'
Government is ro istitnfi-d and to tho 011
jocts which it was expressly form 'd lo at
tain. It is net pr-tendod ihat nny clause
in the Constitution g:ves countenance to
... .... ...... n matte ueueu. hi ramu umi nnpiiiii l hi iiiii-s 1 1 v v,.w.i, .v
ui-inauu mm arc m just co nnm tlie aiates powers illlO effect. ' no contrnlr D'.C I, lit lue present tnonHlil,
of the North. SSould it be refused .then. Co UlC fX(.lnR;vfl r; !lt tois the cmsj throughout the S-ute of South
the Constitution to wha-l. nil he Slat, s , ,, cnwt (rt ,,,, jtl j C.roli.m. So rr as the laws of tho Untied
are parties, w. II have been wilhillv vudatcd . ' ... .1... o 1 ' 1 ...n .... Ktutm to se.-nrn tlm 111 bnimstration of
, . . , . , roiiniitin wiin hip oiaiei, 111 my nun riuiivi. -
ly nn:j port on of them, in u provision es-i , , T , ....,.:.. 1,.., .., ijmtice by means of the l edeml Judiemry.
e.itml iu tho .loue stiu seettriiy mid hapni-l
such a theory. It is altogether founded great nod powerltil Governmnt invito
,.,. infer,,,,. , not from anv language con- with all Hie attributes nf sovereignty and
t lined in the ins'ruraent itsel1, lint from the
sovereign character of the sever d States
bv Which it was ratified: but it is h -yond
! the power of a Slate, liko an individual, to
eld a portion of its sovereign rights to
' executive .nd j
I OVWm imr .nr . ,
mmr
...1. 1 .... .n...n,l ..np li rpmnin. .:r " Iu t ie language 1
mM rKlabhsh.-d in ul'.l.r lo lorm a more prr
f,.,.t Union; Ih'nitrh this does not iududii I
the rsseniial mtributes of perpetuity; but
tlllt ,he jnm .,, designed to lie p. rpct- j
n 'I uppeni-s conclusive from the nature ami
n , a
,.vt,..,i ,,rtlw i,,n i...i,r,.ei-i.,l l,v P.m. I
ctiinticii m n. F.fl. r,,! fioeerimn-nt
.: .
n III. like iiluwu. Itf liimu uiki nniiiMiii, hi mit-n
M al t0 cnuMe tt'eaties with
foreign governments; it is invested wilh the
1iowhK . ,.nill m ,n .,.,,. j
' . ' . .
valuo thereof, oilil to regulate tlio com-
nieree with foreign nations, nnd amoaif the i
several States. . It is not necessary to
t-mimiTiitfi (iLlior liii'h noirers whii-li hnve
.,.n e0iif, rrcd niion the Federal Govern-
.. . .
n.llti in order to carry tho enuimioled
only conferred these hig-h powers upon Con-
,Mt m,.M1 ,
nin ,!. Stales from intcrf.-ring wi
their exercise for thnt purpose. .
bus. m strong prohibitory langenge,
expressly declared that, no Statu shall en
ter into nny treaty, alliance of confederacy,
grant letters of ninrque nud r pr sals, emu
money, emit ii t ot ercmi, nii.Kiiig none
, , ,iM md ,-,ver cu;a ,,.,,, p,y.
ni 'tit of debts, puss tiny bill of ntlniud r,
or "ex post facto" law, or laws impairing
the obligations of contracts; moreover,
without the consent of Congress, no State
shall levy any impost or duties 011 anv im
ports or exports, except whut lit iy be ah
ia,.8sary for executing it.s M.pec
Um or i ,h,.y exceed that iiiuouut,
,.X(.(.SSM ..n ,c0ll;r t0 the United
gt.l( ml sla, l0tj w;tl0llt ,1L. t.fjns,llt
of CniUfri.S!li y ay ,,, tonnage, keep
or shi of Wlir jn ,;, of pt.iu.t.( or
mvf jn,0 , 1,ri.l.melll or compact with
imhr Slult.( ol. lvi,, foreign" power, or
c,,wrf,. i,a wur, iiii1-sis acdmllv invud-l or I.i
.,, ilnm:n,.nt (m,g(.r ns w,i not nd'nit of
further delay. Iii order still further to se
cure the uninterrupted exercise of these
high powers against interposition, it is pro
vid' d that the Constitution and the laws
of tho United States which shall be miulo
iu pursuance thereof, and all treat its made,
or which shall He made, under me tiiitnnri
ty of the Un ted States, shall be the su-
prnno law of the land; imd the Judges in
cviy State shall be hound thereby, nny-
thing in the constitutions or l.iwa'f miy
State to the contrary notwithstanding. -
The solemn sanction of religion has iieen
...... ....
siiperad led to tlio out gallons ot oiuciat
du'y. And all Senators and Il-presenta
tives of (he United States all members nt
Statu Ij-g'sliilnres, nud nil executive nud
judicial officers, both of tho Uuitcd States
and of tho several States, shall be bound
by oath or affirmation, to support the Con
stitution, in order to carry into efieet these
laws.
The Constitution 1ms established a per
fect government in nil its Tonus, legislative,
executive and judicial, and tho Govern-1
meat, to the extent of its powers nets upon j
the individual citizens 01 eveiy state, nnu ;
executes its own decrees by the agency of
its own oTtcers. In ths respect it d. Iters
entirely from tho Government und r the !
old conf-deration,' which w is confined to
m thing rcuirsit on on the States in th-ir
sovereign chirai'ter. This lift it in the
discretion of each whether to obey or re
fuse, and they often declined to comply
with such, requisitions. It th-m became
necessary, for the purpose ol removing the
bitrer, and in order tn frtn a more pr
feet, ttn'on, tn establish n governmmit which
could net direelly upon the p'ople, and
execute its own laws without the interme
diate agency of the States. This has been
accomplished by the Constitution of the
United States. In short, the Government
created Ly the CWtitutmn, Md iTrnwin
its authority from the sovereign people, of
each of the several States, has precisely
the same rig it to exercise Us power over,
the peep'e ot all lie ft arcs, . tne enuine,
Mteti cases, ,v p.. . . .... i--
sabiects not delegated to tho United States,
hut reserved to the States respectively, or
to tlie people, to the extent nt d -legated
powers. The Constitution of the United
States is ns much a part ol the Constitution
of each and is as binding on th people ns
though it hid been specifically inserted
therein. This Governm-iit, therefore, is s
ot Itie special sir.jp..- . - ..1.... -
m .. i ...1.:...... t nl. 14 ....ft.rt .
j ...
tv ext-nils. Its iramcrs never inwniien 10
implant in iu boam (he seeds of its own
destruction, nor were they guilty ofthe ab
surd ty of proviiling for itsown dissolution;
w f ..... I .1 .
nor was it intended ny lt iramers 10 oe
lira vntiu t'i r ih- jr inn i ipin"i. tsut-
Ce..t K Awn a..t n,u mtUnt
tliout
,ieit It I'ir'T frllvi I I'M "HI Il' f Hire i tiT ' - " '
peoplo froin ull or tiny of their icderul obli
gations, nr.voi.i riox tub osi.v means of itKt nrss.
It timy be n-ked, then, are the people ol
the Slut'' without redress against tyranny
and oppression of the Federal Government?
I'y no nieaiis. 'I'he right of resistance on
the part ir the governed, ogaiust oppression
of thi-ir governmeiit, cannot be denird.
It (.ihts. independent uf all constitutions,
and has been exercised nt all periods uf
tlie world's hi.tory. Under it, oldgovun-
nicuts have been destroyed, nud under it
new unes Inivo bern reilaeed. Itisem-
bodied in strong nnd imprcsire lan-uage,
;,, our' own Declaration of Independence;
)ut tho deduction must ever bo observrd,
.i.! i. ...-.,t..it.. .;,. n ,.si',i;li,
..,.! .,u ,,,n vnlm.iarr eei
" . ' . .
What, ia the uirnntime. is the respousibili-
ly nnd true position or tlio r.xecutive.
,,....,, ,1V g(,l,,ml 0;l,, Mon fjod nnd th.
. . ..... I ..!.
country to lane care tuai tuu ins ne miiu
fully executed. From this ebligutioii he
cannot be nlo!ved by any human power.
Dut what if i criorm nice of this duty, in
wl oh- or In part, Inn been rendered Im
nr ct .ubl bv even's o.cr which ho lias
j111." coneenicd,
within its limits through whoso agency
tilono those laws ran be carried into execu
tion have already resigned.
NO FEDERAL OFFICERS IN SOt'TII CAROLINA.
We have tin longer n District Judge, or
a District Attorney in South Cnrolimi.
Iu fact, the whole machinery of thu Feder
al Government necessary for the dictrtbu
tiou olrcmcdid just ire among Ihe people
has been (lemelislicd, und it would be d.fii
cull, if not impossible, to replace it. The
only acts of Contr-s on the statute boi.V
bearing upon this subject, nre those of Feb
ruary 2Slh. 17Dj, and March 3d, 1 SOT.
These imthorize tho President, niter h''
shall have uc rtaincd tM tho Marshal,
with his posse eo'iiitatns, is tumble to ex
ecute criminal process in nny particular
ease, tlie call forth tho militia nnd rmplry
the iiriny and navy to aid in performing
the serv co, linvitig first, by proclamation,
cpiiinianded the insurgents (0 disperse and
return peneelully to their respective abodes
within a limited time. This duly cannot
by nny possibility be performed in a State
where no judicial authority exists to issue
process, and where there is no Marshal to
execuie, nnd where, even if there were
.such an officer, the entire population would
combine in solid column lo resist liim.
The mere reft rrnee to these provisions
proves how Inncletpiato they lire without
further legislation to ovrrcomo o unnni
"pposilion in a single feuto, not to speak
"f other States who may place themselves
! ' s-mdP HMu'lo Congress tilone has
itbe power to decide whether the present
laws cannot be amended sous to carry out
in....... ..(V... .t.i.itl.. tu. Iiii'.-U nf llm Pniwll.
-".; j
tut on.
Tno same insuperable obstacles do not
lie in the way or executing the revenue
laws for the collf-etion of customs. The
revenue still continues to bo collected ns
heretofore, nt the Custom House in Charles
ton; mid should the Collector unfortunate
ly resign, n snecepsor inny be appointed to
perform this duly.
Then, in r-gitnl to the properly of Ihe
Unitid States in South Carolina, this has
nMt, ..urcliMsed lor a fair rouivulcht by the
tmrnt f the Legislature of the Stale, for
the erection of forts, magazines, arsenals,
etc.. and over these the nuilinrily to exit-
Ic'iko exclusive legislation has been granted
ilV hi. Ponstitnlinn to Comrress. It ih not
)(.i(.y0(j tit mi attempt will be made to
exiiel the United Stales from this property
ly force; but if in this I should prove to
be mistaken, the officer in command of the
forts has received orders lo act strictly on
the defensive. In such a contingency, the
responsibility nnd consequences would right
fully rest upon Ihe bends of the assailants.
Apart from the execution of tlm laws, so
far ns this may he practicable, ihe Kxeeu
live has ro authority to decide what shall
he the relations belwoen the Federal Gov
ernment end South Carolina, lit- has
L , :,u '....i. ,i!,t;B
, , ,, t, t.
. I ,)cr(,t,;folp MuK ,,tn,Cn them,
t ,.,.,,,,,,,. lhe ini,,.,M.nii,.nPe
W()1M )ffl , .(r0Ht ,,,
, f ()f
I re,-oguizing the dissnlntioi. of the Confrd-
eracy among tin- free sovereign States. It
has no resemlil nice to the recognition nt a
foreign tie frfln government. Involving
such reDOtiKih;liti"s, nny attempt lo do
this would, on his part, bo a niiUeti act of
usurpation. 1 1 is, therefore, my duty to
submit to Congress the whale question in
all its bearing'. The course of CppiiIs is so
.!!.. 1... i....t.i.. rAPurupil 1 Ki.r tlio tnrr.
rnii uiv iiii-L -iuiis iw. 11 -
V0 - ncn vi mnsi no cni en
' .1 . 1.. . .1 .1
-'"" J ".. J
, ,j(,r;,(. the momentous question
whether you posse" the power by force nf
arms to compel a State to remain iu the
Union.
concrfss nxi kot rnr. rowrn
VAST.
WAR AOAIXST A STATB.
I should feel myself reercsnt to my duty
were I to fail to exnn-ss an onin'Oii on the
limivorlitnt snbi'et. The question, fairly
of stated, is Has the Constitution delegated
.
has ixn ij-i-iieu to uonirr", r ,
CO'lrPJI'"l I Bl I""-'
. I il.l a.M anih ItAtaTtst?
powers, to mr ivom iuk power uuving
Item deleented to Congnss, it wnsespeci-il-ly
ri-fiired Ijjt the Convention which formed
the Constitution. It nnpears from tho
proceedings of body, cn the !! 1st of May,
1 iSI, Illal IliC Clause uninor..ni an i-.ei-tiuii
of the force of the whole Government
uninst a delinquent Slute cui.10 up for
considcrntion. Mr. Madison oppo-td it m
a brief but powerful speech, from which I
shall extract bnt A single sciitciec. II
observed: "The uso offeree egainst a
Stuto would luuk more Ike n ucclnmtioit
of war than un infliction of pitulshmeiit,
and would probably ! cnti:,idci'cd by tho
party uttacked as a ui.-olul:oii or ad pre
vious comparts by which it m'ght bo
baunrt." Upon his motion tho cluuso wa
unanimously postponed, mid was never, I
Ijelii'Vc, again presented.
Soon nfter, oil tho Sth of June, libT,
when incidentally adverting lo this subject,
he said nny government for the United
States founded on tin supposed practica-1
bilitv of using force iiirunikt the nnconstitu-
tiiuiJd preceding of the Slates, would
prove as visionary nnd fallacious ns tlio
government ur Congress; evidently mean
ing the then existing, Cwijros ol tuo old
Confederation.
Without descending to pnrticular.ze, it
may tic wisely asserted inat 1110 power 10
in alio war nguinst a State is nt vurlunco
with the whol spirit and intuit of the Con
stitution. Snppose such a war should re
sult Iu the conquest of a '.'tute; how nr
we to govern it iifterwnilsT blind wo
hold it ns a province, and govern it by a
despotic power? Iu the nature of things,
we could not ny physical lorco control mo
will ef Ilic peoplo and compel them to elect
Senators tied U-prcselttntivrs to Congress,
nnd to perforin ull the other duties of a
free Stale ns a member or the Confederacy.
Hut if we ore possessed of the power, would
il bo wise to exerdso it under the existing
circumstances? The object would be,
doubtless, to preservo- the Union, yet it
would not only present thu inoit eliectuai
means of destroy ng it, but would banish
all hopes of its peac.-ful reconstruction; be-
sd 'S, in me iruic nai conuct, n ins
uiiiount or bl'ied ntid itcasuru v.ould tio ex
pended, rctidiMig future reconciliation im-
ItECOMMKNPATlOSS BY CONOttE.Sj HAT
AVKRT TIIK EVIL. -
Iu the meautime, who can foretell what
would be thc sufferings, and privations of
the neonlo during its existence? The fact
is, that our Union rests upon public opin
ion, and civn never be cemented by tho
blood of its citizens shed iu civil war. ji
it cannot live in tho affections of the peo
ple, it must somo day perish. Congress
possess many menus 01 preserving, ny con
filiation; but the sword was nut placed in
their h inds to preserve it by force. But
may I be permitted folrmnly to invoke
my country men to paiiso and deliberate,
before lin y determine to distroy this, 'the
grandest lemplo which has ever been dtdi
cuti d to human freedom cince Ilia world
began. It has doen consecrated, by tho
blood -of our fathers, by the glories of Ilia
past, und by the hopes of the fill tire; tho
Union has already made us the most pros
it rnu, nnd ere long, will, if preserved, ren
der us the mO)t powerful nation on tho fiico
of the t urth. Iu every foreign region of
the globe, au American citizen is held m
the highest respect. When pronounced iu
forc'gn hinds, it cnnsis the heurts of etir
countrymen to swell with houst pride.
Surely, when wo reach the brink of tho
ynwiilug abyss, we shall recoil with horror
Iroiu the Ir.st fatal plunge. By Btich a
dread catastrophe, the hopes ofthe friends
of freedom throughout the world would
bo destroyed, ami tv long nijrht of leaden
despot sin would pervade the nation.
Our cxninplo for mure thuu c'ghty years
would not only bu lo t, but it would lie
quoted us conclusive proof that man is unlit
lor self governmeiit. 1 1 is not every wrong
nay it is not every previous wrong,
which can justify such a fearful sllernalive.
Thai ought to bo tho lust dcsprrnlo rem
eday el a ditpnirinj people, nfter every
other constitutional menus of conciliation
has been exhausted. We should reded that
under this free government there is nu in
cessant ebb and How of public opinion.
Thcslimry qui stion. like everything hu
man, has its day. I firmly bolievo thnt it
has already reat h"d and passed culminat
ing, I nt. if in the midst of tho existing
excitement the Union shall perish, the
evil may then become irreparable. Con
gr. ss tau contribute much to arrest it, by
passing and recommending to the Legis
latures ol tlie several Stntcs the remedy for
existing troubles which the Constitution hps
it.ieir provided fur its own preservation.
It has been tried ut diffrent periods of
our history and always with eminent (ac
cess. ft is to be found in the fifih article, pro
viding for its own amendment. Under
this article, amendments have been pro-
njf.cd py two-thirds of both Louses of Con
gress, und been rat Tied by the Legislatures
of thne fourths of the States, nud have
consequently become parts of the Consti
tution. To this process the roontry is in-d.-htrd
for the clause prohibiting Congr. SJ
from passing any law respecting on estab
liahinciit or rebgion, abridging the freedom
of spec eh or of thc press, or the right of
I tit. on.
To this we are bIso indebted for thc Eili
of Bights, which secured ibe ptioj Ic against
any abuse ut power by tho Federal Gov
ernment. Such were the apprehensions just
ly entertained by the friends of State
Bights, at that period, aj to have rendered
it extremely doubtful whether the Const!,
tution could hive lonir survived without
these amendments. Agaiu, the Constitu
tiou was emended by the same process af
fc; the ltjs.-tioc of I'rwi'iiat Jeberjoo by
i i i