Newspaper Page Text
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pw xvi.
ROME, GEORGIA, FRIDAY MORNING, DECEMBER 14, I860.
.Aft ,3»IOi!
,«i
■ . .■i-i ■' -*•
EK 6,
gome Cowkr.
«Y M. D W IN K LL.
UiHtot and Proprietor.
Rniurday Morning, Dce’r 8,1800.
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I Ttanl Adtirt*wl* "«> '•« l»»°rt»l abft*
ifttw"""""* rldwrlMrsiesto nt
irRrv.v.i:
I } n Twclvu Month*, i « Hi no
I» liberal DUeount wifi ho mn«lo to those
■‘, , v ivorti*« Irtr^or amounts.
rim of moro thnn ft To liar* chntrgoft
n s ndvrftiMnroit*.
Vflii'M* of Marriott* n*>t Death*, no ox-
tins Fivol.lnrs 111 Vihsth. nro mUUW
£ .11110,1"Iv in ,1.0 Oimrlor. .Tl.o frirn.ls of
, ,,'rr roonestwl to oon.l in iliooo nn-
' .rcoinpnnlr.l will, n rropnnsllilo mn
will tio pilbliiliod will, plonouro.
flio l.it tv of Newspapers.
o 4nliii'rih?r« who rto not nlvu nxpfow no
|Vtii‘the contrary. nr« coiuMorod as wishing
■ continue their snhsi’rlption.
*uh*crlber* order the filseontlminn**
Ithelr neweptpors the puhlhlher
mintin*
to Mint them until nil nrroumjto* nro pnhl.
i-IfonlHorihernneBleotof rrfn*r to take
ir newupnpcr* from the office to which they
lirpewui I ....lit
recTu'l*. 1 *they'are hei'l responsible until
e have rettlou the bill* and oriiercil them
new enterprise,
n. T. NEWJIIAN,
Exclusive Dealer in
(rockery, china,
—AMD—
-l’ss’W" nre
ALSO,
|okin; Glasses & Plated Ware
Broad St., Rome, Oa.
Urge supply /
„f all kinds
r-ieVcry auft
j Ware, will
[.m*tantlykopt (
bawl incmtlinjc
Presidents MtssAgE.—Tho anxloty to
soothU document is so gront that- wo
devote nil the space loft after its recep
tion, in this paper to it. Our next ls-
wlll contain so much of tho remain
dor ns pertains to the great questions
now agitating tho country.
Folk County Mbktinu.—The Prooocd
ingn of tke first meeting—tho conserva
tive— muy bo found in this paper. We
wo will publish, at tho least, tho
Resolutions of tho other, In our next
Issue.
Military Companies l\ Rome.—The
Bill to incorporate the "Romo Light
Guards” lias passed both houses of the
Legislature. Tho Bill to incorporate
tho "Chorokeo Artillery” and to ap
propriate $600 to oacli artillory com
pany in tho Stato has passed tho
House.
A Splendid Billiard Room.—On tho
soeond floor of tho new building recent
ly erected by Morrison A Logan, in
front of their Livory Stable, is by far
the finest Billiard Room ever opened in
Rome. The room is somo 40 by 20 foot,
beautifully finished and in all ways made
plcasuutaiid comfortable. There are
four Billiard Tahlos in tho room, and by
those capable of judging they nro pro
nounced to bo of thovery host quality.
Persons desiring to play Billiards will
hardly find a hotter placo anywhero in
tho up country.
Christmas Times*
Veal A Co. will open during the next
ten days, a splendid lot of goods, suita
ble for Christmas presents. The young
folks aro all impatient to soe them.
fife#-(.'all in timo, at the Now 8tore,
second door above R. 8. Norton A Sons.
dec8t\vAw2w
i, to the finest
i. Also (lias* Ware, In all It* vnriou*
i nml qualities, for tablo and culluary
fsplomlid assortment of Fine Mirrors*
llso a good supply of IMated Wan*, includ-.
■ Castors. Hpoons, Sugar-Tongs, Cake and
* ir Knives, Ac,, Ac.
e subscriber will keep a larger stock of
Kkcry and Glass Ware, (linn nns hitherto
pko’pt by all the Merehantsof Rome—tho
look in Chcrokeo (Ja.,nu4 by buying
irser quantities, he will got them cheaper,
[lie able to toil lower than tho former
a public are respeetfully invited to cull
‘ o, first door above’MeClnng's, and
I
Q. E5V3E3,
MANUFACTURER OF
^nd Dealer Extensively in
of all Styles.
Quality nnd Pran’t ChuUenj&L
THE FARMERS
UK requested to oxamino my large ns-
[ sortinentof Plantation'Briiilo*, Collars,
khing and Tenia Gonr complete, at the
fiowost Possible Cash Prices,
nd’Gear mode to order, and repaired
olice. My *U»ck will lx-nr Inspce-
s and see before purchasing.
PSee Advertisement in another eoinmn.
O, U. KVK.
Ciiattooua County Nominations.-The
conservative men or Chattooga county
havo nominated Lowry ■Williams and
Wcstly Shropshire to represent that
county in the State Convention.
Tnr. Best Yet.—Let no one fail to read
tho views of B. IT. Hill ns ho present
ed them recently in Lufirnngo. If ho
U not a patriot and a u>itc ono, you must
find tho proof elsowhcro than in thin
ipcccli.
Tho following tiumed gentlemen
hereby nppolntod Delegates to tho Cot
ton Planter’s Convention, soon tons
bio in tho city of Macon :
Col. S. Fouclie', Dr.J. B. Underwood,
R. H. Norton, K. W. Hull, A. S. llamil
ton, Col. Alfred Shorter, I. II. Branham
J/C.' Pemberton, J. II. MeCliuig, Thos.
E. Williamson, .lohn Skinner, A, •
Hutchings. II. A. GAUTHELL,
Mayor C. R.
DqerTth, 1800.
PREHmiNrS MESSAGE.
M
,n rtl
I
iilv'l
“f I
rfriKF'l
NEW
THM!
ilOORE & DUNNAHOO,
UtOCERS!
A full Assortment- of ^
[FAMILY SUPPLIES.
PLUDINa Flour, Meal, Sugar of all
! nd», ColToe, Butter, Egg*, Fi*h of dif-
l kinds, Dried Fruit's, nml Preserved
All kinds of Nut*, Candles, Cigars,
', Finn Liquors, Ac., Ac.
n'lsh U Distinctly Understood that
Je will Sell on Credit to
IresvionBible men, who are
Ithe habit of paying at the
p agreed upon.
«will dnpHeato upon timo to prompt
“g men, any cash purchnso mndo In
i us a call and satisfy yourselves ns to
and price*,'
|9wly.j MOORE A DUNNAHOO.
In 1836 pictorial hand-bills, and Inflnm-
atoiy appeals, wore circulated extens
ively throughout tho South, of a char
acter to excite the pasdons of tho slaves;
and, in tho language.of General Jack-
son, "to stimulate them to insurrection,
and nrodttco all the homito of servile
war.', This agitation has ovor since been
continued by tho public press, by tho
proceedings of State and county con
ventions, and by abolition sermons nml
lectures. The timo of Congress has boon
occupied in violent speeches on tills
nover-ending subject; and appeals in
nhamphlet and other forms, endorsed
by distinguished names, have been sent
forth from this central point, and spread
broadcast ovet 4 tho Union.
How onsy would it bo for tho Ameri
can peoplo tosottlo the slavery question
forever, nml to restore peaco and har
mony to this distracted country.
They, and they alone, can do it. All
that Is necessary to accomplish tho oh*
oct, and all for which tho Slave States
mvo over contended, Is to bo let alone,
and permitted to manage their domes
tic institutions in their own way. A
foreign States, they, and they nloir .
3 ros|»oiisiblo before God and tho
world for tho slavery existing among
them. For this, tho people of Lhu
North aro not moro responsible, and
Imvo no moro right to interfere, than
with similar institutions in Russia or in
Brazil. Upon their good sense and pa
triotic forhonrance I confess 1 still great
ly rely. Without their aid, it is beyond
tho power of itnv President, no matter
what may bo his own political proclivi
ties, to rostoro peaco and harmony
among tho States. Wisely limited and
restrained as is his power, under our
Constitution and laws, ho alone can ac
complish but little, for good or for evil,
i such a momentous question.
And this brings mo to observe that
tho election of any ono of our fellow-
citizens to tho olllco of President does
not of itself afford just cause for dis
solving the Union. This is more es
pecially true if his election has been
effected by a incro plurality, nnd not a
majority, of tho people, and* 1ms result
ed from transient and temporary causes,
which may probably never again occur.
In order to justify a resort to revolu
tionary resistance, the Federal Govern
ment must bo guilty of "a deliberate,
palimblo nnd dangerous exorcise” of
powers not granted by tho Constitution.
Tho late Presidential election, however,
has l»ecn held In strict conformity with
its express provisions. How, then, can
the resultjusdfy a revolution to destroy
this very Constitution ? Reason, jus
tice, a regard lor tho Constitution, all
reqttiro that wo shall wait for somo overt
nnd dangerous act oil tho part of the
President elect beforo resorting to such
a remedy.
It is said, however, that tho antece
dents of tho president elect have been
sufficient to justify tho fears of the
South that bo will attempt to ivtulo
their constitutional rights. But aro
eh apprehensions of contingent duu-
. r in tliefutura sulicient to Justify tho
immediate destruction of the noblest
system of government ever do,ised by
mortals? From tlm very nature of his
office, and its high responsibilities, he
must necessarily ho conservative. Tho
stern duty of administering tho vast
and complicated concerns of this gov
ernment affords in itself a guarantee
that ho will not attempt any violation’
ofa clear constitutional right, After
all, he is no moro than tho chief exec-
five officer of tho government. Ilia
provineo is not to make, but to cxocute,
tho laws; and It fs a remarkable fact in
our history, that, notwithstanding tho
repeated efforts of tho hnti-slavm-y par
ty, no single act has ever passed Con
gress, unless wo may possibly exeept
the Missouri Compromise, impairing, in
the slightest degree, tho rights of tho
South to tliolr property in slaves. And
it may also ho observed, judging from
present indications, that no.probability
exists of tho passage of such an act, by
a majority of of both Houses, either in
the present or the next Congress. Suro-
ly, under those circumstances, wo ought
to ho restrained from present action by
tho precept of Him who 'spako as never
man spake, that " sufficient’ unto tho
day is tho evil thereof.’' The day of
evil may never come, unless wo shall
rashly bring it upon ourselves.
It is nllccTgod as one cause for imme
diate secession tljat the Southern States
denied equal rights with tho other
rial legislation. Wore it otherwise,
then, indeed, would tho equality of the
States in tho Territories bo destroyed,
and tho rights ot property in slaves
would depend, not upon the guarantees
of tho Constitution, but upon the shift
ing majorities of an irresponsible Terri
torial legislature. Such a doctrine,
from its intrinsic unsoumlness, cannot
long influence any considerable portion
of our peoplo, much loss can it utlord a
good reason for a dissolution of tho
Union.
The most palpable violations of con
stitutional duty which have yet boon
committed consist in the acts of tho
dificrout State Legislatures to defeat
tlio execution of the Fugitive .Slave
law. It ought to ho rememherod, how
ever, that for these Acts, noithcr Uon-
•oss nor any Prasidcnt can justly be
eld responsible. Having been passed
in violation of tho FoderuFConstitution,
they are therefore null and void.
All tho Courts, State nnd National,
beforo whom tho question has arisen,
havo from tho beginning, doelnrcd the
Fugitive Slave law to he unconstitution
al. Tho singlo exception is that of n
State Court in Wisconsin ; and this has
not only been rovowed by the proper
appellate tribunal, but lias met with
Micii universal reprobation that there
eau be no danger from itasu precedent.
Tho validity of this law lias been estab
lished over mid ovor again by the Su
premo Court of tho United States with
perfect unanimity. It is founded uikui
an express provision of tho Constitution,
requiring that Fugitive Slaves who es
cape from sorvico in one Stato to anoth
er, shall be "delivered up” to their mas
ters. Without this provision it is a well
known historical fact Hint tho Constitu
tion itself could liovcr havo boon adop
ted by tho Convention.
In one form or other under tho Acts
of 1703 and I860, both being substan
tially tho sumo, tho Fugitivo Slave law
has been tho law. of tho land from tho
days of Washington to the pi esent mo
ment. Here, thou, a clour case is pre
sented, in which it will bo tho duty of
the next President, as it 1ms boon my
own, to act with vigor in executing this
supremo law against tho conflicting en
actments of State Legislatures. Should
he fail in tho perforumneo of this lfigli
duty, lie will then havo muniftsted u
disregard of the Constitution and Jaws,
to the great injury oftlie people of near
ly one-half of the States of tho Union,
hut are we to presumo in advance that
he will thus violate his duty? This
would be at war with every principle of
justice and of Christian Ohrity. Lot us
wait for tho overt net. Tl/o Fugitivo
Slave law has boon carried into execu
tion in overy contested caso sltico tho
commencement of tho present Admin
istration—though often, it is to be re
gretted, with great loss and inconven
ience to the must or, nml considerable
expense to the Government. Let us
trust that the State Legislatures will re
peal their unconstitutional and obnox
ious enactments. Unless' this shall be
done without unnecessary delay, it is im
possible for any human power to save
the Union.
objects whioli il wsb expressly formed.
to attain.” ' >
It is not protended that any ulnuso In
tho Constitution gives countenanco to
suoh a theory. It is altogether rounded
upon inference, not from ony language
contained in the instrument Itself,’but
from the sovereign character of tho sev-
oral States by which it was ratified.—
But is it beyond tho power of a Stato,
like nil individual, to yield n portion of
its sovereign rights to sepuro tho ro-
mainder ? In tlio language of Mr. Mad
ison, who has been called the father of
tho Constitution: ‘dt was formed by
the StAtes—that is, by tlio people iu
each of tho States, acting In tliolr high
est sovereign capacity; nnd formed
consequently by the snmo authority
which formed the State Constitutions."
"Nor is the Government of the Unit
ed States, created hv tho Constitution,
less a Government in thestriet senso of
tlio term, within tho’sphor© of its pow
ers, thnn the’ government created by
tho Constitutions of tho States arc, with
in their several spheres. Jt Is, liko
them, organized into legislative, excci*
tivc, and judiciary departments. It
operates, liko thorn, directly on per
sons and things; and, liko them, it has
at command a physical Torco for execut
ing the powers tfo runt it tod to it.”
I t was intomled to bo perpetual, and
not to be annulled at the pleasure of
of the contracting parties, Tho
Fdk>w Citizen* tf &s f ntta am! House of
HfprcsciiUttivet i*- *
Throughout the year slnco our Inst
meeting, the country has boon eminent
ly prosperous In all its material interests,
the general health has been excellent,
our harvests have been abundant, and
plenty smiles throughout tho land. Our
commerce and manufactures, have been
prosecuted with energy and industry,
and have yielded fair and ample roturus,
lu short, no nation in tho tide of time
has over presented a spectacle of great
er material prosperity than wo linvi
done until within a very rodent pe
od.
Why is it, then, that discontent now
extensively prevails and tho Union
of the States, which is the source of all
these blessings, Is threatened with dos-1 aro denied or, „ .
traction ? Tlio long continued and in- States in tho common Territories. But
OWARD ASSOCIATION,
PHILADELPHIA.
Jiovolont Institution established by *poci-
Ikndowtnont, for tho RelicF of the Sick
Id Distressed, uminted with Virulent nnd
•jdoraio Diseases, and uspocintly for tho
I® of Diseases of the Sexual Organs.
I EpICAL advice given gratis, by tho ac-
Surgeon, to all who apply by lot-
mn a description of thoir condition,
I occupation, habits of life, .to.,) and in
1 or oxtrome poverty, Medicines furnish'
t c charge.
yuauio reports on Spormatorrliroo, nnd
Diseases of the Sexual Organ*, nnd on
KW REMEDIES employed in tho Div
T J< sent to tho nDllctod In sealed dot-
[Volopo*, ft-eo of cknrgo. Two or three
* for postage will bo necentnblb.
««. DR. SKILLEN HOUGHTON,
surgeon, Howard Association, No. 2
■ "hdh Street, Philadelphia, Pa. By
|°f the Director*.
, „ EZRA D. HEARTWELL, Trc*,
'• FAinonitn, S«o’ty. fobOtrlly.
temporato interference of tlm Northeri
peoplo with tho question of slavery in
tho Southern States, at length produced
tho natural oUects. Tho different soe-
tons of tho Union'aro now arrayed a*
gainst each other, and tho timo has ar
rived, so much dreaded by the Father
of his Country, when hostile geographi
cal parties have been, formed. I have
long foreseen ar.d often forewarned my
countrymen of ho now impending dan
ger. This does not procoode solely from
tho claim on tlio part of Congress or
tho Territorial Legislatures to exclude
slavery from tho Territories, nor from
tho efforts of different States to defeat
the execution of tho Fugitivo Slave law.
All or any of those evils might lmvo
boon endured by tho South withoutdan-
gcr to the Union, (ns others havo been,)
m tlio hoped that time and reflection
might apply tho remedy. Tho immedi
ate peril arises not so much from these
onuses ns from tho fact that incessant
and violent agitation of tho slavery ques
tion throughout tho North for tho last
a uartcrof a century, lias at length pro-
need its malign influence on tho slaves,
and inspired thorn with vaguo notions
of freedom . Hence a souse of security
no longer exists around tlio family al
tar.
This footling of peace at homo has
given place to apprehensions of servile
insurrection, many a matron through
out tlm South retires at night in dread
of what may befall herself nml her chil
dren before the morning.' Should ;this
apprehension of domostio danger,
whether real or imaginary, extend nnd
intestify itself \ii!tif."it shall pervade
tho masses of tho Southern peoplo
thou disunion will become inevitable.
Self-preservation is the first law of na-
taro, and has been implanted in the
heart of man by his Creator for the wi
sest purpose: dnd no political Union,
however fraught with blessings nnd hen-
efits in all othor respects, can long con-,
tinuo, if tho necessary consequence bo
to render, the homes and the firesides of
nearly half tho parties to it habitually
and hopelessly insecure. Sooner or la-
[erosine Oil and Lamps
TTUE BEST QUALITY, Foil SALE
I'henph,
TUUNLpY, No. 3 Choioo Homo
The Southern Slates, standing on the
basis of the Constitution, havo a right
to demand this act.of justice from the
States ol the North. Should it bu refu
sed, then the Constitution, to which all
lie States aro parties, will have been
wilfully violated by one portion of them
i a provision essential to the domestic
ourity mid linppimss of the remain
der. lu that’ event, tho injured States,
alter having used all peaceful and con
stitutional means to obtain redress,
would bo justified in revolutionary te-
’ itaneo to the government of the Union.
I have purposely confined my remarks
to revolutionary resistance,*, because it
has been claimed within the last few
cars thutany Stato, whenever this shall
•e its sovereign will nml pleasure, may
secede from tho Union, in accordance
with ‘the Constitution, ami without any
violation ot the constitutional rights of
other members of the Confodcraoy. That
each became parties to the Uuiuu by
the vote of its own peoplo,assembled in
Convention, so any one of them may re
tire from tho Union in a similar manner,
by the vote of such a Convention.
’ In order td justify secession
stitutional remedy it must bo on the
principle that the Federal Government
by what authority are these denied?—
Not by Congress, which has never pa?
ed, and l believe never will pass, any
act to excludo slavery from these Ter
ritories, and certainly not by the Su
premo Court, which has solomnly do-
cided that slaves are property, and, like
all other property, their owners have a
right to take them into tho common
Territories, and hold them there under
the protection of tho Constitution.
So far, then, os Congres is concerned,
tho objection is not to anything they
havo already done, but to what they
may do hereafter. It will surely ho ai-
mitted that this approhonsion of future
danger is no good roason lor uu imme
diate dissolution of tho Union. It Is
true that tho -Territorial Legislature of
Kansas, on tho 23d of February, 1800,
passed in groat hade an Act, over the
veto of tho Governor, declaring that
slavery "is, nnd shall bo, forver prohib-
0ils >
K«ro«mc, Maclduo Lard* Tanner
nolo, ami Camphouo and Burning
For Bale low.by
FARELL t YEI8ER.
kOtrl.
uVk-q
fatal period lias not yot arrived; and
my prayer to God i» that Ho, would pro-
serve tho Constitution and tlio Union
throughout all gonomtlons.
liul lot us take tlio warning in timo,
and roinovo tlio oauseof danger. It can
not bo denied that, for flvo and twopty
years, the agitation at tlio North against
slavery in the South, has been incessant.
ited in this Territory.”. Such an Act,
however, plainly violating tho rights ot
proportysecured by tho Constitution,
will surely bo deolarod void by tlio judi
ciary whenever it shall be presented in
a legal form.
Only three days after my inaugura
tion the Supremo Court oftlie United
Slates solemnly mljudged that this
powor did not exist in a Territorial
Logislaturo. Yet sucli bus boon tho
factious tempor of tlio limes that tlio
correctness of this decision has been
extensively impugned before tlio public
and tlio question has given rise to angry
political conflicts throiighout.tlioooun-
try. Thoso who have appealed from
tliis judgouiont ot our highest constitu
tional tribunal to popular assemblies
would, if thoy could, invest a Tei tutori
al Legislature with power to annul tho
sacred rights of proporty. This power
Congress is oxnr.ossly foibidcn by .the
Federal Constitution to oxereiso. Ev
ery Stato Legislature in . the Union is
forbidden by its own Constitution to
oxereiso it. It cannot be oxerciscd in
any State, except by the people iu thoir
highest sovereign ‘ capacity when fram
ing or atnonding their State Constitu
tion. In like manner, H can only Lo
a mere voluntary association of States
to to dissolved at pleasure by any one
of tlio contracting patties. If tf
so, tho Confederacy U a rope of sand,
to bo penetrated nnd dissolved by tho
first adverse waves of public opinion in
any of tho States. In this manner our
thirty-three States may resolve thorn-
selves into as many petty, erring, and
hostilo Republics, e.qcli one retiring
from the Union, without responsibility,
wheuevor any sudden excitement might
impel them to such a course. By tills
pro cess-ft Union might bo entirely broj
keti into fmgmouts in ft fow weeks,
which cost our fore-fathers many years
of war, privation, and blood to estab
lish.
Such a nrineiplo is wholly inconsis
tent with tuo history ns well as the char
acter of the Federal Constitution. Af
ter it was framed with tho greatest delib
eration and enro, it was admitted to Con
vention of tlio people of the several
States for ratification. Its provisions
woro discussed at length in tlioso bod
ies, composed of tho first men of tho
country. Its opponents contend that
it eonl'ored powers upon tho Federal
Government dangerous to the right? of
old articles of eon federation Word' en
titled "Articles of Confederation nlid
Perpetual Union between tho States ;”
and by the 13th nrtiolo it is oxpressly
declared that "the articles of tins Con
federation shall bo Inviolably observed
he every State, and tho Union shall bo
perpetual.” The preamble to tho Con
stitution of the United States, having
ox] ross reference to tlm nitlcles of
Confederation, recites that it wns estab
lished "in order to reform a more per
fect union.” Ami yot It Is contended
that this "more perfect uuion” tloes
not include tho essential attrlbuto of
perpetuity.
But that tho Union wns designed to
ho perpetual nnpears conclusively .from
tho nuturo and oxteut of tho. powors
conferred by tho .Constitution on the
Federal Government Theso poweis
embrace the very highest attributes of
national sovereignty. They place both
the sword nnd tho purse under its con
trol. Congress has power to make war,
and to make peace; to raise and sum,
port armies nml navies, and to conculuo
treaties with foreign Governments. It
is invested with the power to coin moli-
iy, and to regulate tho vnluo thereof,
iml to regulate commerce with foreign
nations, and among the several States.
It is not necessary to enumerate tlio
other high powers which havo been
conferred upon tho , Federal Govern
ment. In order to ent ry the enumerat
ed powers into client, Congress possesses
the oxelusivo right to lay anct collect
duties on imports, aiid In common with
the States to lay and collect all other
tnxc
Blit tlio Constitution has not only
conferred these high powers upon Con
gress, but it has adopted oflbatunlmcnns
to restrain the States from interfering
with their exorcise.. For that purpose
It has, in strong prohibitory langungo.
xpressly declared that "no State shall
enter into any treaty, alliance or con
federation; grant let tors of marque and
reprisals: coin money; emit bills of cre
dit; make anything l»ut gold and silver
coin a tender in payment of debts; pass
and bill of attainder, r.rpostfaeto law, or
Inw impairing tho obligation of con
tracts.” Moreover, "without tho con
tent of Congress, no State shall lay any
imposts or duties on any imports or ex
ports, except wlmt may he absolutely
necessary for executing its inspection
laws;" nnd, if they exccodthis amount
tho oxcesrf shall lielong to tho United
States.
And "no State shall, without tho con
sent of Congress, lay any duly of ton
nage; keep troops, or ships of war, in
time of peaco;.enter into any agreement
or compact with another State, or with
a foreign power; or engage in war,unless
actually invaded, or in such imminent
danger, iu will notadmitof delay."
lu order still further to secure tho un-
con ’ interrupted oxereiso of these high pow
ers against interposition, it is provided
"that this Constitution and tlm laws of
the United States which,shall lie miulo
in pursuance thereof, and all treaties
made, or which shall be made, undor
tho uqtbority of tlm United States, slmll
bo tlio supremo law of tlio land ; and the
judges in overy Stato shall bo bound
thereby, anything iu tho Constitution
or laws of any State to tho contrary not
withstanding.
The solemn sanation of. religion 1ms
boon suporaddod to tlio obligation of offi
cial duty, and all Senators and ropro-
ntatives of tlm United Stato* all
members of tho Stato Logisfatures.
seeds of Hs’owir destruction, nor were
they at Its oroadotf gtif 1 ty Wtho absurd
ity of. providing Tor its own dissolution.
It wns not intended by its framers to
be the baseless fabric of a vision, which
at tho touch of tlio’ eitaliniiter, would
vanish Into tilin'nir; blit a snbsinntlal
and mighty fabric, cnpnblo of resisting
tho slow decay.pf .time and of defying
tho storms of ages. Indeod, well, may
tho jefiltmS patriots of that day Imvo in-
dulgoll fears that a (’foverntuer.t of such
high iHuvers might,violate tlm reserved
rights pf tho Stutes, ami wisely did they
adopt tboiuloof a strict construction
6f these powers to provent the ‘danger !
But they did not tear, nor had they any
reason to imagine. Umt tho Constitution
would ovor bo so interpreted as to- ena
ble ony State, by her own act, and with?
out the consent of her,sister Slates, to
discharge her peoplo from all or any of
thoir Federal obligation*.
I may ho asked, thon, nro tho peoplo
of tlm Statu* without lodrcs* aguint the
tyranny and oppression of the , Fede
ral Government? By no -means. Tlio
rigid of resistance cn tho' part of’ thA
tlm governed against tho ojiprossion cf
•heir govern men to cannot bo denied.-—
It exist* independently of alj Constitu
tions, nnd has been exercised at all pe
riods of the world's Iff story. Under It
old governments hn/o been destroyed,
and new ones Imvo taken-tlmir placo.—
It is embodied in. strong and express
language in our own Declaration of In
dependence.’ But tho distinction must
ovor bo observed) that this city is in
involution against an established Gov
ernment, and not a voluntary neoawjou,
from it, by virtue of uu inherent Consti
tutional right. In short, lotus loAk thq
dander fairly in the face • Secession i»
neither moro no.’ lets than involution.
It tuny or it may not bo a justifiable
involution, but still it Is.revolution.
What in the mcantlnte is the respon
sibility and truo position of the Execu
tive? IIo is bound by the solemn otitli
before Odd and tho country ’ to tnko
care tlmt the laws bo frttthfully execu
ted,'’ and from this 6ltHgatldn*hd cannot
he absolved by any human power. But
wlmt if the perforumneo of this duty, in
whole or part, has been reudired him
practicable, by events over which ho
could havo exercisod no controlT Such,
at tho present moment' Is the enso
throughout tho State of South.Carolina,
so .far ns the laws of the United Stutes to
secure tlm administration of justice by
mean* of the Federal Judiciary aroeoii-
rejited. All tlio Federal aflicorx within
its limits, through whose agency alono
theso laws can bo oarriod into execution
havo already resignod. Wo no longer
have a district Judge,-a district Attor
ney, ora Marshal in South Carolina. In
fact tlm whole machinery of tho Fuller-
id Government, liucessury for tho distri
bution of. remedial justice among tlio
people, bus boon demolished, and it
would Uu dilUcult, if not impossible, to
replace it.
Tlio only nets of Congress on the Stat
ute book, bearing upon tliia •ulu’ect, aro
IIiimg nl tlm Will Kiilirnni'v. IT! 1.1 nnd
tW power, granted to ObngrMsi uml It
I. equelly apparent that it. okorolse is
not ••noceunry and'propor for -carrying
into oxocutipn” ony ono pf theso nop
ow. 80 for from till, power linviug bpei
ing-Iioghlnturo nguinst tlio Bt'rlcturcs of
aovemrolhor State Logi.latu
StgiillMilf
TbcO wore mainly 1'ouml.d upon tlio
JHI _ thfdvHSsfe?
delegates to Congress it whs oxpressly ns "nalpablo arid nhWmlug*Infractions
refused by tbd Convention Which framed qf. the Constitution.” In p
, , . mm
tho Constitution.
• ft Wear*, from ..tlm; proceedings of
that body, that on tho 31st of May,
1787, tho clause of the Constitution
mtlltorishfi a/i> ererl'uui 0/ the Jbhe a} the
w/iole affsiiUt a delinrjuent mated cnnio up
for consideration. Mr, Madison oppos
ed it in a brief but pQweifulspcoc.il,
from* which ! shnll extract hula single
seittonco. ‘Ho' observed: "Tho uso of
force against a State would look more
liko a declaration of war than an inflio-
tton of punishment; and would proba
bly bo considered bv tho’party attacked
as a dissolution of all previous comparts
by -which it might bo hound.” U|miii
his motion tho clause was unnnimouily
postponed, and was nover, I f believe,
again presented. SAort afterward*, on
the 8lli.June) 1787, when incidentally
adverting to the subject, ho said t* "Any
Government for tlio Unitod States,
fbrmod on tlio supposed practlcnhUityof
using foreo against tho unconstitutional
proceedings of tho States^ would prove
as visionary and fallacious ns tlm gov
ernment of Congress," evidently moan
ing tho then existing Congress of tlm
old Confederation.
Without descending to particular*, it
may ho safely,assorted, tlmt the .power
to make war against q State i* ut vuti-
anoo with the whole spirit nnd intent of
tho Constitution. Suppose sitoli a war
should rosult In tho conquest of a State,
how aro we to govom it nftenvanlH?—
Shall wo hold it as a province* and gov
ern it by despotic' powor ? In the mi-
turo of things we could not, by physical
forco, control tlio* Will of tho peoplo,
compel them to elect Senators and
tor tho bonds of suoh a Union must-bo ™opoUo5 by" the people ofa Territory
sovered., It is ray conviction that this .. tfnreson t e d In a Convention of Dole-
1 vot ft,, rived: and for tlie j juri)0a0 of framing ft Con
stitution preparatory to admission os a
State into tho Union. Then, and not
until then, are they infested.with now
er to decide the quostion whether slave
ry shall or slmll not exist within tlmir
limits. This is an act of sovereign au
thority, and not of subordinate lernto-
liovod to bo utterly % repugnant both to
the principles upon which tho General
Government is constituted, nnd to.tho
nnd all executive and judicial olfi-
"both of the Uni tod States and of
iovoral States, slmll bo bound by
oath or affirmation to support this Con
stitution’”
In order to carry into oflTcct these
powors, the Constitution 1ms establish
ed a perfect Government in nil its forms
Leiixlativh, Executive and Judicial ;
and this Government*, to tho extent of
its powers, nets directly upon tho indi
vidual citizens of every Stato, nnd exe
cutes its own decrees by the agency .of
it3 own officers. In this respect it dif
fers entirely from tlio Government un
der tlio old Confederation, which
those pf the 28tli February, 17U6, nnd
3d March, 1807. Those authorize tho
President, after ho shall Imvo ascertain
ed that the Marshal with hi* poue comit-
atus is unable to execute civil or •crimi
nal process in any particular easo, to
call forth the militia and employ-, the
army nnd navy to aid.him iu perform
ing this service, having first by proclam
ation commanded the insurgents "to
disperse uud rotirc peaceably to thoir
rcspoctivo abodus, within a . limited
time.” This duty cannot by possibility
bo parforaiod in a Stato where no judi
cial authority exists to issue process,and
where there is no Marshal to oxoouto it,
and where, oven if there wero.such an
officer, the entire population would con
stitute ono solid combination to resist
him. .
Tlio baro enumeration of those..pro
visions prow* how iimiloquuto thoy are
without further legislation, to overcome
a uuite opposition in a single Statu, not
to speak of other State* who' umy place
themselves in similar attitude. Congress
alono has power to decide whether the.
present laws can or cannot he amended
so as to out) out moro etleotually • the
ohieets of tho Constitutiou.
The Kama insuperable obstacles do
not liu iu tho way pf oxeoutir.g tho laws
for the collection of tlio customs. Thq
revenue still continues to bo collected,
us heretofore, nt tho Custom Uou§o in
Charleston; and slionjd tlio Collector
liufqytuuaioly resign,a successor may be
appointed to perform his duty.
Then in regard to tlio proper
United .'States in South Oarolui
has been purcliosed fora fair equivalent,
"by tho cousent of the Logislatuve,”
"for tlio cruotiou of forts, magazine*)
arsenals, lie.,” and over theso tho au
thority "to exercise exclusive legislation
has been expressly granted by tlm Con
stitution to Congress, J t is not beb’evod
tlmt any at tempt will bo mailo to expub
the United States train this propwty
by forco ; but if in this I should prove
to bo mistaken,tlio otllcer in command
ol the furls Jins received orders to uut
strictly on thodofonsivo.--In »uchacon-
tfngenry, the responsibility, for conse
quences would rightfully rest - on tho
heads of tho assailant*.
Apart from the execution of the laws
so fur ns thhfmuy ho practicable,the Ex-
utivo has.no uuthoiity todecido what
slmll bo tlio relation between tho Fcdp-
Uie States, whilst its advocates main- confined to making requisitions on tlio
minod Hint under a fair cojistrufction.of »i.*
the instrument there was no founda
tion for such apprehensions. In that
mighty strugglo between the first intel
lects of this or any. other country, it
never occurred to any individual,-either
among it* opponents or advocates, to
assert, or oven to intimate, tlmt their
efforts were all vain labor, boentiso the
moment thiit any Stato felt herself ag
grieved she might secede from tho
Union.
•What a crushing argument would
this imvo proved against those who
dreaded that tho l ight* of tlio States
would ho endangered by tlio Constitu
tion. The truth i«, tlmt it wns not un
til many years after tlio tho origin of
the Federal Government that snob a
proposition was first advanced. It wns
then mot and refuted by the conclu
sive arguments of General Jackson, who
in hi* message of 10th January, 1S33,
transmitting tho nullifying Ordinance
of South Carolina to Congress, employs
tho following languago : "Tlio right of
tho peoplo ot a singlo Stato to absolve
thonisolves nt will, and without tho
consent of tho other States, from their
most solomn obligations, nnd hazzdrd
tlio liberty nnd happiness of tho mil
lions composing this Union, cannot bo
acknowledged. Such authority is be-
States in thoir sovereign character.—
This left in the discretion of each wheth
er to obey or to refuse, and they often
declined to comply with such’ requisi
tions. It thus beenmo necessary, for
tho purpqso of removing this bar
rier. and ".*
feet Union,
which could act directly upon the peo
ple, »nd execute its own laws without
tlio intermediate agency of the States.
This 1ms been accomplished by tlio
Constitution oftlie United States.
Jn short. Hid govormnent created by
tho Constitution, and deriving its au
thority from the sovereign people of
each of tho several States, has pro*
eisely the same right to oxereiso its
power over tho peoplo of all theso Slates
In tho enumerated cases; that each one
of thorn possesses ovor subject* not del
egated to tho United States, lmt "reser
ved to tho Stutes, respectively,
people.’"
ml Government mill South Carolina.
He has been invested with no such dis
cretion. Ho possesses no power to
change tho relations heretofore existing
between them, ranch loss, to ncknowf.
odgo independence of that StatoJ This
would ho to invest a m6re Executive of
ficer with the i>ower of recognising the
dissolution of the Confederacy among
our thirty-threo sovereign States, it
bears no rcsomblanco to tho recognition
of ft foreign defacto government, involv-
riler lo form a- moro per- j big’no such ’ responsibility. Any at?
to establish a Government tempt to do this would, on his part, lie
’ ’ ‘ nation. '*
• to the
To the extent of tlio delegated [lowers
tho Constitution of tho United States is
as much as a part of the Constitution of
each Stato, and is as binding upon .its
people, us though it had been textually
inserted (heroin.
This Government, therefore, is”a great
and powerful Government, invested
with all tho attributes of sovereignty
over tlio special subjects to whioli its
naked act of t:
s, tliero-
V«
. my duty to submit to Congress the
wholo question in all its bearing*. Tho
course of events is so rapidly hastening
forward, that tho emergency may soon
arise, when you may bo cnHcd'Upon' to
decide tho momentous question wheth
er you posses* the [Miweiy liy forco ' of
arms, to compel a S at« to remain in
the Union. I should find Inysolf roero-‘
ant to my duty, were 1 not to express
up opinion on this iiuporiimt subject
Tho question fairly stated i*; Has t
Constitution delegated 10 Congress the
[lower to coerce a State into submission
which is attempting to withdraw or has
<><.*n-.lIi'inv i'mm HioConfcduraov
H wtuully withdraw from tho Confederacy
If answered in the affirmative, it must
he on the princi[>le that the power has
been conferod upon Congress to doelare
and to make was against a State. After
much serious reflection, T have arrived
nt tho conolusioh that no' Brtch power
lias been delegated to Congress, or to
niiy other department of Alie Federal
. w Government, [j,*-—
authority oxtonds. Its framers nover : inspection of tho
intendod to implant in its bosom the is llo t among tho specific and ouumora-
Represent at lv oh to Unngre**,. nnd - to
perform all' the other duties depending,
upon their own volition, and required,
fVohv tho fVeo cftlzohs of ' a free Stato
as a constituent monitor or the Confed-
eraey* • . •
But, if wo pos*os*odTbi»PWr,wQuld
it bo wiso to oxereiso it under oxistiug
circumstances ? Tho ’‘ohloot would
doubtless be 'to prtsfcrve tncj’llnjon.—
War would not only present the most
effectual moans of destroying It, hut
would hqtiish all hope of its poaeoublu
reconstruction’. Besides, In tho frater
nal conflict, a vast amount of blooi nnd
treasure would l>o expended, rendering
future rocouciliutiou between tho States
impossible. Iti tho lueantlmo, who can
foretell what would be tho sufferings
and pvivations of the peoplo during its
oxistonco ?
The fact is, that ouy Upion rests npQU
public opinion, and can nover bo co-
mented by tlie blood of its cUizens
shod In civil war. If it cannot live • in
tho ntl'uctions ot the peoplo, it must
onp day perish. Congress possesses
maby means of preserving R by concll*
latfon; but th^ sword was not placed
In thoir. hand to presetve i> by force.
But may 1 be [Kn’iuiDod solemnly to
Invoke my ebuntryinen to pause amf
deliberate beforo thoy defenuiuo to do-
stroy this, the grandest tsmpln wlifnh
lias uver boon dedicated to human free
dom since the world began t It has
been eonsecratcil by tho blood of our
fathers, by tho glorious of tho past and
by tho hopes of the future. Tho Union
has already mado us the most prosper
ous and, oro long, will, if .preserved,
render us tho most-powerful natlqn on
tho faoo of the earth. Iti every foreign
region of tho globe the title 6f Ameri
can oitizon ’ is hold in the highest re
spect, and when pronounced in a fori
eign land it causes the hearts of our
countrymen tc swell .with honest pride
Surely, when wo roach tho brink of tho
yawning abyss, wo shall recoil with hor
ror from tho last fatal plunge. By suoh
a dread catastrophe tno hopes of the
frionds of freedom throughout the
world would ho destroyed, nnd a long
night of leaden despotism would en
shroud tho''nations. Our example for
more than eighty year* would not only
bo lost, but it would bo quoted ns n con
clusive proof,that man is unfit for self-,
government. ,
It is hot every wrong-nay, it is hot
overy grievous wrong—which eftn justi
fy a resort to suoh a fearful alternative,
’i’liis ought to bo tho last desperate
remedy of a dospniring pooplo, aftor
overy other constitutional menus of
conciliation has bdon exhausted. • Vio
should reflect that under this froo Gov
ernment thoro is an incessant ebb. and
flo r in public opinion. Tho slavery
question, like everything human, will
havo its day. I firmly bellbve that it
has already reuched nnd ptused the
culminating point. But if, in the
midst of tho existing excitement, tho
Union 1 slmll perish, the evil mny then
bcconio irreparable. Conarom can con
tribute much to avert it by proposing
and recommending to the legislatures
of the several States tho remedy for
existing evils; which the Constitution
has itself provided for its own preserva
tion. , •« *
This has boon tried at different criti
cal periods of our history, and always
with eminent success. It is to bo found
in tho 5th artiulo providing for Its own
amendment. Under this artiole
amendments havo been proposed by
two-thirds' of both Houses of Congress,
anil havo been "ratified by the Legisla
tures of three-fourths of the several
States," nnd havo consequently .become
parts of tho Constitution. To this.pro
cess tho country is indebted lor the
clause prohibiting Cphgfess from pass
ing any law respecting tin establishment
of religion, or abridging tho freedom of
spooch or of. the press, or of the right
of petition. To this wo are, also, in
debted for Clio Bill of Rights, which
secures tho people against tiny abuse of
power by the Fodcrol Govornmont.—>
.Such wore the approhousions justjy eu-
tertnined by the friends of State Rights
at tlmt poriod ns to have rendered it
extremely doubtful-whether tlio Cousti*
tution could havo long survived without
those amendments.
Again, the Constitutiou was amended
by the *arao process after the election
of President Jefterson by tlio House of
Representatives, in. February,. 1803.—
Tins amendment was rendered necessa
ry to prevent a recurrence' of the' dan
gers whioli had seriously threatened
the existence of tho Government duripg
the pendeney of that election. The ar
ticle for Rs qwn amendment was in
tended to secure the dhilcablo 'adjust
ment ot conflicting 'Constitutional ques
tions like the -present, whloh might
arise betwoeu the govornniopte pf tho
States and that of fji°“ Unitod Stafe«.-r-
Thfs appears from contemporaneous
history. IB this connection,' I* shall
merely callattoution to a few sentences
1.. vr» Unriicrtn'ii iurLIv celebrated ro-
polntlngout
tho peaceful and oonstUutional reme
dies, nnd lio referred to none .othor, to
which' the Stales were authorized to
resort; on such occasions, he' Concludes
by saying, "that the legislatures of ( the
States might have made a direct repro-
sbntation to Congress with a view to ob*
tain a rescinding of the two offensive
nets, or thoy mighthavS represented to
thoir respective Sonatt rsin Congress
thoir wish that two-third* thereof
would propose an explanatory amend-
ment lo tho Constitution, or two-thirds
of themselves, if such had been their
option, might, by nn application to Con-
ares*, have, obtained a Convention for
tho same object.”
This Is tho very course whloh Igar-
ncstly -Wrommend 1 in order lo obtain
an*, "explanatory amendment” of tho
Constitution on tho subject of slavery
This might* originate with Congress or
tho Stato ’ Legislatures, as may bo
deemed most advisable to attain tho
object. • - - - ' ■ •
i ke explanatory amendment uilghfc
bo confinod to tlio final settlement of
tho true eonstriiOtion of tho Constitu
tion on throe special points;
L An express recognition of tho
right of property in slavos in the Stutes
where It now exists or may Rocoafter
exist.
2. The duty of pfotofctlng this right
in all tho common Territories through
out their territorial oxistonco, nnd until
they shall bo admitted ns States into
tho Union, with or without slavery'as
thoir. Constitutions may prescribe.
3. A like recognition of the right of
tho master to” havo his slave,. >vI10 has ,
oscaped from otic 8tato to another, re
stored and "UeUvored” up to him, ahd
of tho validity of tho fugUlva slave law
enacted for this purpose,.togothar witli
a declaration that all State laws impair
ing or defeating this right,are violations
of tlio Constitution, and are consequent
ly pplUnd void, « *
It may be okjootedUiat this oonstruo-
tlon pf tho (institution has already
been ■ottiba by the Sliprcmo Court of
tho Unitod States, And what more
ought, to b« roquirod ? The answer is,
tliut a vory largo, proportion of tho
pooplo of tlie United States still con-
test tho correctness Of this decision and
never will cease from agitation and ad
mit its binding force until dearly estab-
Suoh t\ix explanatory auiendinbiit
would, it is Iralloved, forever terminalu
the existing dissonsions, and res ton i
geaoQ and harmony^ among tho
It ought not to ho doubted Unit such
nn nppoal to tho arbitrament establish
ed by- tho Constitution itself would be
received with favor by all tho States of
tlio Confederacy. In any ovont it
ought to bo tried in a spirit of'concilia
tion beforo any of theso States shall
separate themselves from tho. Union.
When I entered upon tho duties of
tho Presidential office, tho aspect neith
er* of oitv foreign no* domostio affairs
was at all satisfactory. Wo woro involv
ed in dangerous complications with
several nations, and two. of our Territo
ries were in a state of revolution against
powerful advocates. Unlawful military
expeditions wero . countenanced by
many of our citizens and wore suffered
in defiance of tho efforts of tho Govern
ment, to escape from our shores, for
tho nurpose of making war upon tho
unoffending peoplo q( .neighboring Re
publics with whom wo woro at peace.
In addition to theso and other diffi
culties, we experienced a revulsion in
mouetary affairs, soon after <ray advent
to power, of unnxamplod severity and
of ruinous coilscquencbs to all tho great
intorcsis of tho; country. When wo
take a retrospect of what wns thon our
-condition and contrast this with its ma
terial prosperity at' tlie lime of tho lato
Presidential election, wo havo abun
dant reason to return our grateful
thanks to that merciful Providenco
which has nover forsaken us as a nation
in all our past trials.
The Plan of DrcckinrldBe’s Homo Or.
gnn for Saving tho Union.
The homo organ of Mr. Breckinridge
—tlio Lexington (Ky.) Statesman—in
siders the Union meetings that aro be
ing held throughout Kentucky as &•
sheerest nonsense in 1 the world. '-They
iicuaniplish nothing, "while the very
government is crumbling away, anil
tho Union is in rapid ptjogross of disin
tegration’.” In tho opinion of tho
StatcHnan, "tho only hope of the Union
rests.in tho speedy convocation of uu- *
tlioiized delegates from tho fiftcou
slavoholding States in joint conference,”
and "without 'Its hgehey, the fatei of
tlio Union is as hnvtUoly sealed In
dissolution, ns tho 4th of March rolls
around,”- ,
Tho 'Statesman, therefore recommends
that no more Union meetings be held,
"but instead, lot tho masses, in nil tho
coumios,meQtand instruot tlio Governor
to commission,with at least semi-official
and unanimously accorded authority,
reliable and trustworthy delogatii to a
Southern Convention." It suggest*
that twelve delegates selected equally
from tho three parties in tho Stato, ho
.so.appointed. Then lot tho. fifteen
slave States meet in commoh Conven
tion, and, with duo deliberarion and
becoming dignity, unnounco their cotn-
piuiuts and demand tho redress thoy,
believe due them. They may demand
the guarantees they think necessary.—'
In a word, let thorn submit the terms
upon whloh they will consent to remain
in the Union. Glva tho North 'reasona
ble time, to respond .through the Legis
latures of their several Spates. If the
4th of March intervene before reasona
ble time has elapsed for response, iet
.tho. United States Senate stop tbo
whole Government, withhold. B’cm Mr.
Lincoln tho confirmation of a single of
ficer, ahd bring the Government to a
dead halt. This is tho plan of Mr.
Broqkihridgo’s homo organ—perhaps of ,
Mr. Breckinridge himsolf.^
rtrinew* ui uie ruuurai iu Mr. Madison's justly celebrated re-
It is manifest, upon an [wi t, in 1709, to-the1 Logi^hituro of Yir-
.o Coi»(Uutian, that thin ginla.. In thia ho ably and conolqrfvely
defended the resolutions df tho preced-
Rirors and Rei*outs.—Rumors aro
current thfvt Gov. Letbher, of Yii., has
uppointed a joint commission, consist
ing of Messrs. Ex-President Ty lor, Sen- .
ator Hunter, and Hon. Wm. C. Rives,to
visit South Carolina at once, and urge .
Uolfty in hor action, and Gov. Magoffin,
of Kentucky, has responded to this ac
tion of the Virginia Executive, by de- :
nuting Vice-President Brookenridge,
senator Crittenden,-and Hon. Jamea
Guthrie, on a similar errand.