Southern recorder. (Milledgeville, Ga.) 1820-1872, December 11, 1860, Image 1

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Newspaper Page TextVOLUME XLI K. M. ORME & SON EDITORS AND PROPRIETORS MILLEDGEVILLE, GEORGIA, TUESDAY, DECEMBER 11, 1860. NUMBER 50. The Recorder is published weekly, at the j oW price of Tho Dollars per annum, when paid ik aaeance—if not in advance, Two Dollars and Piety Cents—and if not within the year, Three Dollars per annum. No subscriptions received for less than six months—to be pa id-always in advance Remittances by mail in registered letters at our risk Subscribers wishing the direction of their paper changed, will notify u.s from what office it is to be transferred. Advertisements conspicuously inserted at $1 00 per square for the first insertion, and 50 cents per square for each subsequent insertion. Those sent without a specification of the number of insertions will lx* published until ordered out, and charged ac cordingly. Sales of Land and Negroes, by Administrators, Ex orators, or Guardians, are required by law to be held „n the first Tuesday in the month, between the hours often in the, forenoon, and three in the afternoon, at tlm Court house, in the county in which the proper- tv is situate. Notices of these sales must be given in a public gazette forty days previous to the day of sale. Notices for the sale of personal property must be given at least TEN days previous to the day of sale. Notice to Debtors and Creditors of au Estate must be published FORTY DAYS. Notice that application will he made to the Court of Ordinary for leave to sell Land or Negroes, must be published for two months. Citations for Letters of Administration must be published thirty days—for Dismission from Admin istration, Monthly sir. mouths—for Dismission from Guardianship, forty days. Ri les for Foreclosure of Mortgage must be pub lished monthly for four mouths—for establishing lost papers, for the full space of three mouths—for compel ling titles from Executors and Administrators, where R bond has been given by the deceased, the full space of three months. Publications will always he continued according to these, the legal requirements, unless otherwise or dered. All business in the line of Printing will meet with prompt attention at the Recorder Office. HARDEMAN <fc SPARKS, WARE ROUSE AND COMMISSION MERCHANTS Ivlsicoii, Greo. WILL GIVE prompt attention to all business committed to their charge and hope to receive a liberal share of patronage. THOS. HARDEMAN, Sen., OVID G. SPARKS. Macon, August 21, 18(50 34 ly CHEAP FOR CASH. Milledgcville Clothing Store, hotel XO. X- JST RECEIVED b TEST RECEIVED by the Subscriber «*and Splendid Assortment of large HEADY MADE CLOTHING, AND im worn WMMMTSB T^MBRACUNG a great variety of Gentlemens xoRlhs, and Boys apparel from top to toe. Also, a large assortment of Shirts, Drawers, Ho siery, Handkerchiefs, Suspenders, Gloves, Gaunt lets, Stocks, Collars, &c., —ALSO— Sats, Caps, Boots, Shoes, Trav elm? Trunks, Valieses, Carpet Bags Umbrellas, and a great variety of M»ST Mimgg, A lot of Ladies GAUNTLETS, and Cloth CLOAKS. Will he sold at reduced prices. . -A. C. VAIL, Agent. Milledgcville Nov. 8, 1860 ] gf JOISTES Sz WAY, (Successors to WAY & TAYLOR,) FACTORS &(OMIISSIOA MERCHANTS, CORNER BAY AND DRAYTON STREETS, SAVANNAH, QA. JOHN JONES, C. H. WAY. Particular attention paid to selling Cotton, Rice, Corn, Flour, Bacon and Produce generally. Liberal advances made on consignments. July 12, 1359 23 tf ISAAC C. WEST & CO., AGENTS PLANTERS’ CONVENTION, —and— General Commission Merchants, SAVANNAH' GEORGIA. COMMISSIONS—Fifty Cents per Bale for Cotton. I. C■ WEST. August 14, I860 RALSTON. 33 6m RABUN St, SMITH, Factors anil Commission Merchants, SAVANNAH, GEORGIA. Orders far Bagging, Rope, and ether family lupplies promptly attended to. July 24, 18fl». 36 6m NEW LAW FIRM. RUTHERFORD & HARRIS, MACON, GA. W ILL practice Law in Bibb and adjoining counties, and in the United States Court at Savannah and Marietta. —ALSO— In any county in the State by Special contract. John Rutherford. Charles J. Harris. March 101860. H tf. F. G. DANA, (LATE DANA & WASHBURN) FACTOR & C0MH1SSI0Y MERCHANT. SAVANNAH, GEORGIA. 1 CONTINUE th<“ above business at the old stand of DA¥A& WASHBURN, 114 Bay Street, and am prepared to make liberal advances on all produce consigned to my care. August 7, 1860 23 26t & DIRECT IMPORTATIONS!! ». & c. s. Iathssp, 140, Congress Street, SAVANNAH, GA., H AVE NOW IN STORE a full assortment of best Brussels carpeting. received direct from Liverpool, to which attention is invited. „ __ ... September II, I860 37 14t NEW AJFUFIIVAXi. I AM now receiving a large and varied assortment of BOOTS &. SHOES, Comprising every kind and style usually kept in a SHOE STORE. THE MEN can find in this assortment some thing to please them and give satisfaction in the •ear. THE LADIES will not befound wanting,and THE CHILDREN shall be supplied. This stock was purchased bv myself, and 1 in tend to sell as CHEAP FOR CASHascan be bought else where. Call and see. CALVIW C. CAR*. Milledgcville March 20, J8G0. 1% I Inferior Court of Baldwin County, ) In Chambers. O RDERED, that there will be an election for five Justices of the Inferior Court of Bald win County on ihc first WEDNESDAY in Januar- ry next. Geo. D, Case, J. I. C. B.^C. Peter Fair, W. H. Scott, D. C. Campbell, “ O. P. Bonner, “ A true extract from the minutes. J. C. COMPTON, Clerk,pro tern. November 27th, 1860. 50 5ts w yjTIIlAJU \X7HO HAS BEEN WATCHING the New * * York Market, for some time past, has returned with nearly all the novelties in his line. His long experience in buying and the advan tage he enjoys in BmnNG FOR CASH enables hiiu to offer inducements to CASH BUYERS. His stock of S X T - TEg are very nice. Hisetockof MILLINERY cannot l>e surpassed anywhere. CALL AND EXAMINE. N■ B. The ladies who have charge of his Mil linery department will have their opening on Taos day, October 2d. '' s Milledgeville, October 2,1860 tf “HOME SEMINARY” I S THE NAME of au Institution, just being organized in Milledgcville, Ga., for Female Ed- ucation. The undersigned as Parents, feeling the wants of thiscity and neighborhood, har e organiz ed themselves as Trustees oi this now enterprise, resolved to make all necessary efforts to establish’ a permanent day-school, of such order as shall give their Daughters every requisite for a thorough and run,shed education «/ home—obviating the necessi ty of sending them abroad to promiscuous hoarding establishments. 6 The Home Seminary ’ is not only designed as a permanent school—but having also an establish ed permanent course of study. Heretofore, every change of teacher has caused change also in text books, involving interruption and discouragement to the pupil in her studies, and unnecessary ex pense to the parent—to remedy this difficulty, a course of study will be adopted—text-books spe cified—whir/i will rest in the hands of the Trustees. Should a teacher, or the Principal even, dissolve connection with the Institution, other instructors will he engaged to carry on the same coarse of study, allowing the pupil to pass uuiuterrupted through her text-book education, and after a cred itable examination on the same, she will be enti tled to a Diploma of graduation, bearing appropri ate honors. A circular will soon be given the pub lie, expressing fully the aim, design and discipline of the Institution in all its departments, bearing also the plan of a Seminary Building, which it is hoped in time will be erected For the present, a temporary arrangement has been made for opening the school on the first Mon day of January next, in the building new occupied by Mr. Hunter. The services of Miss Annie M. Kellogg, a Professional and experienced teacher, who acted several years as Principal ot the Female Seminary, in Huntsville, Ala., have been engaged to take charge, of the School as Principal, who will if sus tained by an appreciating public, secure the best talent to preside overjevery department of le&rniug. The Home Seminary will embrace three depart ments of education—the Primary, Preparatory and Literary Departments. Pupils "can enter the first two departments at any age, where they remain no specified number of years, but until thoroughly qualified for tho Literary Department—which'em- bracesathree years course of Junior, Middle and Senior classification. And it is hoped that pupils will not enter the Literary Department much be fore the age of sixteen years, for rarely can mind be developed and matured before this age, to com prehend the text-book studies of this department, which embraces also an extensive and thorough course of reading and composition. For thedesigu of the Institution is not to graduate girls, hut de veloped women, fitted for life and its responsible, practical duties. RATES OF TUITION. Primary Department, for term five months..$15.00 Preparatory $20.00 Literary Department $25.00 Music on Organ, Piano, Harp or Guitar $25.00 Latin, French or German $10.00 Oil Painting $25.00 Matriculation fees for Wood, Servant hire and Reading Room $1.50 Drawing, Penmanship, Vocal Music in Classes, Calisthenics, and first lessons in French, free of charge. . Tuition payable by middle of each term. The Home Seminary is not a boarding school; as the name implies, it is a home school, and young ladies from abroad who wish to be educated at this Seminary, will be received into families, and the Mother of each family will adopt them for the time being as her own daughters. Such homes can be secured by application to the Principal, Miss Kellogg. R. M. ORME, Sr. WM. McKINLEY, W. H. SCOTT, J Trustees. WM. A. JARRATT, ? B. H. MYRICK, J Milledgeville, Nov. 20, 1860 47 tf From the National American, 30th utt. Mr. Hill at liome. Hon. B. H. Hill made a speech in La Grange on yesterday, November, 20th, to nis neighbors and friends, in wbich be said : A crisis was upon us, which demanded the exhibition of the highest statesmanship ot our leaders and the most considerate action and patriotism of all onr people. Questions of difference had long existed between tbe North and the South, and the time had arrived when these differences must be met and settled. We must fight uo more political or sectional contests on slavery. Neither the safety of the Union, nor our own self-respect could allow these wrangliugs to continue. Two dangers beset us at the thresbhold : One danger was loo much haste, and the other danger was not haste enough. Wisely, but firmly, we must look these, differences in the face, and have them ar ranged in the Union, if we can, and out of the Union, it we must. The laws of na lions, the dictates of good sense, and the Georgia lMatform, all justified measures of disruption as a LA.vr resort ; but all these justified this last resort wlieu pacific meas ures failed. It was no time to stickle a bout consistency as to a leincdy. All agreed as to tbe necessity of action—effec tive action. Mr. Hill would suggest a plan for action to-day. If be could find a bet ter to-morrow, be would adopt it. If still a better another day, ho Mould adopt that. Let the wisest and best men of our State counsel ; then let the wisest and best men of the different States counsel togeth- Let no r»an wed himself to a plan, 1 a raocLAMAnoxr. By JOSEPH E. BROWN, Governor of Georgia. rpHE General Assembly of the State of Georgia J- now in Session, has passed unanimously an Act in the following words: “ Au Act to author ize and require the Governor of the State of Geor gia, to call a Convention of the people of this State, and for other purposes therein mentioned. Wuerkis, the present crisis in our National affairs, in the judgment of this General Assembly demands resistance: and whereas, it is the privi lege, and right of the sovereign people, to deter mine upon the mode, measure and time of such re sistance. Therefore the General Assembly do en act, Sec. 1st. That upon the passage of this Act, His Excellency the Governor, tie, and he is hereby re quired to issue his Proclamation, oidcringan elec tion to be held in each and every county in this State, on the first Wednesday in January, Eighteen hundred and Sixty-one, for Delegates to a Conven tion of the People of this State, to convene at the 8eat of Government, on the sixteenth day of Jan uary, Eighteen hundred and Sixty one. Sec. 2d. That said election for delegates shall be held, and conducted, in the same inanuer, aud at the same places, as. electors for members of the General Assembly arc now held in this State, aud all returns of such elections, shall be in the same manner forwarded to the Governor of Ibis State, who shall tarnish each delegate chosen, with a certificate of his election. Sec. 3d. That the counties entitled under the last act of apportionment, to two members in the House of Representatives, shall be entitled each to three delegates to said Convention, and the coun ties entitled under said apportionment to one Rep resentative, shall elect, each, two delegates to said CouY'ention. Sec. cth. That said Convention, when assem bled. may consider all grievances, impariug or af fecting the equality aud rights of the State of Geor gia as a member of the United States, and deter mine the mode, measure and time of redress. Sec. 5th. That the, members of said Convention of the people of Georgia, shall be entitled to the same mileage and per diem pay, received by the members of the present General Assembly; and .-aid Convention shall by vote, fix the pay of all their officers, and of any delegate or delegates, they may appoint to any oilier Convention, Con* gn-.se or Embassy, and shall provide for all other expenses incurred by said CouY’ention. Sec. 6th. That said Convention shall have power to elect all officers necessary to their organization, aud to do all tliiugs needful to carry out the true intent and meaning of this act, and the acts aud purposes of said Convention. Therefore, I, Joseph E. Brown.Gov'eruor of Geor gia, in obedience to the requirements of said Act, do issue this my Proclamation, ordering said elec tion for delegates to said Convention, to beheld in conformity to said act.; aud requiring the mana gers of elections for delegates in the several coun ties of this States to certify and send up to this Department all returns of said elections, as iu ease of elections for members of the General Assem- IjIy » And I do further require all delegates elected to said Convention, to meet at the Capitol in Milledge- villc, on the sixteenth day of January, 1861, to con sider of the mode, measure, and time ot resist Given under my hand and the Seal oi the Executive Department at the Capitol, in Milledgeville, this 21st day of Nov. in the year of our Lord eighteen hundred and sixty. By the Governor: J JOSEPH E. BROWN. H. J. C Williams, Sec’yEx, Dep’t. but all determine to adopt that plan hick should be found, after lull consulta tatiou, to be tbe best. Something legiti mate must be done, else something illegiti mate util be done. Mr. Hill thought the South could con sent to remaiu in the Union on the follow ing terms : 1. The Northern States must repeal their Nullifying Acts. 2. The obligation of the Northern States, to carry out the provisions of the Constitution in relation to the rendition of fugitives from serviee, and fugitives from justice, must be recognized and enforced. 3. The non-slaveholding States must not by their laws, or their people, allow the people of the South to be deprived of their slave property, or disturbed in the enjoyment ot the same, when visiting such uou-slaveholding States on business or pleasure, nor when driven on their soil by accidcut or stress of weather. 4. As far as relates to the General Gov ernment, the non-slaveliolding States must admit that negroes are not citizens, and shall not vote iu Federal elections, nor he eligible to office under the Federal Govern ment. Negroes were not citizens under the United States Constitution, States could do as they pleased on this subject.— When confined to themselves, it was not our business ; hut who should vote and who hold office in tho Federal Government, was our business, and the rights of citizenship should not be extended to those not citi- zeus under the Federal Constitution. 5. That Congress shall not interfere with Slavery in the District of Columbia, nor elsewhere in the Federal jurisdiction, in a manner inconsistent with the rights, tbe honor, the safety and the domestic tranquility of the Southern States; nor with the inter State slave trade in any manner. 6. That the Territories shall be admit ted to be common property—open to com mon settlement, and the inhabitants shall be protected in the enjoyment of all their property of every kind, recognized as prop erty iu the States from which they emi grate, until the State Government is in ac tual operation, aud then without injury to rights of property previously acquired.— When State Governments are formed, they may be admitted into the Union witli or without slavery, as their Constitutions may determine. 7. The General Government shall en force these, and all other provisions of the Constitution ; and adequate legislation shall be provided for the enforcement and protection of all such Constitutional lights and duties. Mr. Hill argued, at length, to sIioyv that these positions covered every real ground of difference between the North and the South ; and that every principle here enunciated was in striet accordance with tbe letter and the true intent and meaning of the Constitution, and tho expositions of the same by the Supreme Court. This was not an hour for party arrange ments, nor for party concessions. We must now settle the question, wheth er tho Constitution is to be obeyed or not. and this question must be settled as a con dition precedent to the continuance of the Union. Even the law of Nations, fairly interpre ted, recognized every right and principle here enunciated ; and surely, Yvilli the ad ditional guarantees of tho Constitution— the sworn bond of confederate States— we ought not to brook their violation. Mr. Hill then qgrecd to show that all these ends could be secured 'in tho Union The fault of our present dangerous condi tion, and the shameless violations of law, by the Northern Stales aud people, was at tributable not to defects in the Constitu tion, but to the timidity and party-serving policy of those in power. The Army, the Navy and the Militia, were at the command of Mr. Buchanan, to enforce tho Fugitive Slave Law, aud he had never raised his finger to that eud I Our Senators and Representatives had spent their time and excited their people in vain abstract party wranglings about slavery, and not a single effort had ever been made to perfect the Laws necessary to carry out the various provisions of the Constitution, nor to demand the enforce ment of 6uch partial Iaw6 as onr states men in times past had provided. The whole government machinery had been engaged in building up and in pulling down parties', and the Rights of the Peo pie and the peace of the country ha-1 not only been forgotten, but wofully crushed by these clashiug contestants for spoils and place. Organized bands of marauders were committing rapine and murder in the Territories. In tbe days of Jefferson, they would have been hnng in thirty days. States, Governors and nobs, were amnsiug themselves in committing peijnries against tbe Constitution, and defying tbe laws and the United States Marshal, who, in tbe days of Jackson, would have trembled at the thought of such things * Let us all go to work to perfect and en force the Laws, with half tbe zeal we liave hitherto exhibited in building up parties, and every cause of grievance would speed ily disappear. Let us consult all the States that will consult; let us prescribe tbe terms of our continuance in the Union ; let those terms be Constitutional aud right, and if they are not granted to onr entire satisfaction, the Government will have proven a fail ure, and it will be our duty to provide a better; and let us not stop until this ts done ! Let us not bequeathe these wranglings to another generation. If we must go out, let us arrange to take all our Southern family, if we cau. When ibis point is reached, the Noith will rue the day of her madness, when she set at defiance the Constitution! Tbe North as more interest in the Union than we have. Millions of her people live on it. Hie North will enforce the Laws on her own people, if the Federal Government will call for levies for that purpose! Nor will there be any necessity for standing aimies. Let the Northern peo ple and States know, by Actual demonstra tion, that the Laws shall be enforced, and at the cost of those who violated them, and they a ill never afterwards violate the Con stitution. Criminals will mnltiply when crimes go unpunished; and crimes will go unpunished when babbling demagogues bid high for criminals to swell the votes of a party to enable them to get office. Mere is the key that unlocks to tbe hide ous mystery of all our sickeniug divisions as a People aud degradation as a Nation But, whatever be the cause of our trou bles, let us meet the present crisis, and forever perpetuate the Union, or forever dissolve it. If we restrain passion, aud act with due regard to the rights aud feel ings of all interested, we can preserve this Union iu peace, or we can dissolve it in peace. If we consult our passions and act hasti ly, Yve can neither preserve the Union in peace, nor dissolve it in peace. Let us take our pesition and never hack down from it. Vaporing reRolves, aud fu nous Yvindy speeches have disgraced us enough already. Any body, even fools, can destroy gov ernments, but wise meu alone can build them ; and the wisest find it troublesome to do the work well. It has been suggested that the Cotton States secede and form a provincial gov ernment, and then treat for a re-union ou proper terms. There are reasons in favor of this suggestion, and reasons against it. I am willing to any plan that can accom plish the end proposed. All wise and con siderate men can get together. Whatever plau we propose, debate, or adopt, let it be distinctly understood, that Yve are determined to use this crisis to set tle this dangerous controversy; that that settlement must embrace and secure every constitutional right, and that these rights will be had either in the Union, or out of it, and that we shall prefer the “in” or “out” according as the guarantees to the end shall be the more reliable. Let us consult deliberately and wisely, and with an hon est view to permanent peace, on some such basis. Secession may be a remedy ultimately, but it is certainly not the only remedy, nor does it seem to be the best, remedy note. 13y all means, tbe States equally affected ought to consult, and all willing to abide the Constitution in good faith ought to be invited to join. In Mr. Hill's opinion, no amendments to the Constitution are needed ; but the sepa rate State Sovereignties, acting in joint Convention, can enter into guarantees as binding as the Constitution, or add to the Constitution if deemed necessary. PRESIDENT’S MESSAGE. Intentions of tbe Republican Leaders, Etc. Washington, November 27.—Several leading Republicans are now here, and consultations have been held with several prominent Southern men as to the best remedy, if any, for the dangers which threaten the country. One proposition, which seemed to meet with favor among the Republicans, was that Mr. Lincolu should disarm secession on account of his cabinet, so soon as tho electoral vote shall have been cast. It is suggested that this Yvonld furnish the conservative men of the South with an effective weapon tor tbe Union, provided the list included three men from the South who command the confidence of the whole country—for in stance such men as Scott, of Virginia, Gra ham. of North Carolina, aud Sharkie. of Mississippi. It is believed that Mr. Lin coln will he perfectly willing to do this, though unusual, it would poor oil on the troubled Yvatcrs. It is also said that on Thursday and Wednesday of next week, an influential member of the Republican party will offer resolutions in Congress, declaring the rights of the several States in terms wbich must, be satisfactory to every Union lov ing man iu the Sooth, with the emphatic declaration that this bill of rights the Re- publicau party is willing to embody iu the Constitution. Should this be done, all ex citement, it is believed, will subside iu for- ty-eight hours, and reasou will resume her •Yvay, to the chagrin aud mortification of those who have labored so long and so earnestly to break up the Confederacy. It is certain that the Republican party, so far as it is represented by those who have arrived in Washington, is eutirely willing, not ouly to do full justice to the Si uth, but to give every constitutional guarantee to the same. If disunion must come, it appears that the South will be made to shoulder the responsibility.— Strong hopes are expected, to-day, that by some prompt action next week, aud by an announcement of Mr. Lincoln’s Cab* inet, prior to the assembling of the Sontb Carolina Convention, the Union will yet be saved. It is now well ascertained that Judge Tauey has not agreed to resign. J New York Times. What a Bore!—It has been calculated that the great Artesian bore at Columbus, Ohio, would if passing through to tbe other side of the globe, strike exactly fifteen miles from the great Chinese wall, about 250 miles from Pekin. It is suggested that they can ran a telegraph through if they don’t find water. They will proba bly, however, have an injunction come up through the whole from some established line. “Old age is fast approaching,” as the lit tle boy said when the old man was after him for stealing his Fellow-Citizens of the Senate and House of Represen tatives : Throughout tbe year, since onr last meeting, the country has been eminently prosperous in ail its material interests- The general health has been excellent, our harvests have been abundant, aud plenty smiles throughout the land. Our commerce and manufactures have been prosecuted with ener gy and industry, and have yielded fair and ample returns. In short, no nation iu tbe tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. Why is it. then, that discontent now so exten sively prevails, and the Union of the States, which is tlie source of all these blessings, is threatened with disruption ? The long continued and intem perate interference of the northern people Yvith the question of slavery in tbe southern States, has at length produced its natural effects. The different sections of the Union are now arrayed against each other, and the time has arrived, so much dreaded by the Father of his Country, when hostile geo graphical parties have been formed. I have long foreseen aud often forewarned my countrymen ef the now impending danger. This does not pro ceed solely from the claim on tlie part of Congress or the Territorial Legislatures to exclude slavery from tbe Territories, nor from the efforts ot differ ent States to Jefeat the execution of the fugitive slave law. All or any oi these evils might have been endured by the South without danger to the Union, (as others have been,) in the hope that time and reflection might apply the remedy. The im mediate peril arises not so much from these causes as from the fact that the incessant and violent agi tation of the slavery question throughout the North fur the last quarter of a century, has, at length, produced its malign influence on the slaves, and inspired them Yvith vague notions of freedom.— Hence a sense of security no longer exists around the family altar. The feeling of peace at home has given place to apprehensions of servile insurrection. Many a matron throughout the South retires at night in dread of Yvliat may befall herself and her children before the morning. Should this apprehension of domestic danger, whether real or imaginary, ex tend and intensify itself until it shall pervade the masses of the Southern people, then disunion will become inevitable. Self preservation is the first law of nature, and lias been implanted iu the heart of man by his Creator for the wisest purpose; and uo political Union, however fraught with blessings and benefits in all other respects, can long contin ue, if the necessary consequences be to reuderthe homes and the firesides of nearly half the parties to it habitually and hopelessly insecure. Sooner or later the bouds of such a Union must be severed. It is my convictions that this fatal period has not yet arrived, aud my prayer to God is that He would preserve the Constitution and the Union throughout all generations. But let us take warning in time, and remove the cause of danger. It cannot be denied that, for five and twenty years, the agitation at the North against slavery in the South has been incessant.— In 1835 pictorial hand-bills, and inflammatory ap peals were circulated extensively throughout the South, of a character to excite the passions of the slaves ; and, in the language of General Jackson “to stimulate them to insurrection, and produce all the horrors of a servile war.” This agitation has ever since been continued by the public press, by the proceedings of State and County Conven tions, and by Abolition sermons and lectures.— The time of Congress has been occupied in violent speeches en this never-ending subject; and appeals in pamphlet and other forms, endorsed by distin guished names, have been sent forth from this central point, and spread broadcast over the Union. How easy would it be for the American peo ple to settle the slavery question forever, and to restore peace and harmony to this distracted country ? They, and they alone, can do it. All that is ne cessary to accomplish the object, and all for which the slave States have ever contended, is to be let alone, and permitted to manage their domestic in stitutions in their own way. As sovereign States, they, and they alone, are responsible before God and the world for the slavery existing among them. For this, the people of the North are not more responsible, and have no more right to in terfere, than with similar institutions in Russia or Brazil. Upon their good sense and patriotic forbearance I still greatly rely. Without their aid it is beyond the power of any President, no matter what may be liis own political pioclivities, to re store peace and harmony among the States. Wise ly limited and restrained as is his power, under our Constitution and laws, he alone can accomplish but little, for good or for evil, on such a moment ous question. And this brings me to observe that the election of any one ef onr fellow-citizens to the office of President does not of itself afford just cause for dissolving the Union. This is more especially true if his election has been effected by a mere plurality, and not a majority, of the people, and lias resulted from trancient and temporary causes, which may probably never again occur. In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of “a delib erate, palpable, and dangerous exercise” of powers not granted by the Constitntion. The late Presi dential election, however, has been held in striet conformity with its express provisions. How, then, can the result justify a revolution to destroy this very Constitution ? Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy. It is said, however, that the antecedents of the President elect have been sufficient to justify the fears of the South that he will attempt to invade their constitutional rights. But are such appre hensions of contingent danger in the future suffi cient to justify the immediate destruction of the noblest system of government ever devised by mortals? From the very nature of his office, and its high responsibilities, he mnst necessarily be con servative. The stern duty of administering the Y-ast and complicated concerns of this Government affords in itself a guarantee that he will not at tempt any violation of a clear constitutional right. After all, he is no more than the chief executive officer of the Government. His province, is not to make, but to execute, the laws; and it is a re markable fact iu our history, that, notwithstand ing the repeated efforts of the anti-slavery party, no single Act has ever passed Congress, uuless we may possibly except the Missouri Compromise, impairing, iu the slightest degree, the rights of the South to their property in slaves. Aud it may also be observed, judging from present indi cations, that uo probability exists of the passage of such an Act, by a majority of both Houses, either in the present or the next Congress. Snre- ly, under these circumstances, we ought to be re strained from present action by the precept of Him who spake as never man spake, that “suffi cient unto the day is the evil thereof.” 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, that the Southern States are denied equal rights w ith the other States in the common Terri tories. But by what authority are these denied ? Not by Cougress. which has never passed, and I believe never will pass, any act to exclude slavery from the Territories; and certainly not by the Supreme Court, which has solemnly decided that slaves are property, and, like all other property, their owners have a right to take them into the imm Territories, and hold them there under the protection of the Constitution. So far, then, as Congress is concerned, the ob jection ia not to anything they have already done, but to what’they may do hereafter. It will sorely be admitted that this apprehension of future dan ger is no good reason for an immediate dissolution of the Union. It is true that tlie Territorial Legis lature of Kansas, on the 23d of February, 1860, passed in great haste an act, over tbe veto of the Governor, declaring that slavery “is, and shall be, forever prohibited iu this Territory.” Such ail act, however, plainly violating the rights of pro perty secured by tbe Constitution, will surely be declared void by thejudiciary whenever it shall be preseuted in a legal form. Only three days after my inauguration, the Su preme Court of tbe United States solemnly adjudg ed that this power did not exist in tbe Territorial Legislature. Yet, such has been tbe factious tem per of the times that the correctness ot this decis ion has been extensively impugned before the peo ple and the question has given rise to angry politi cal conflicts throughout the country. Them who have appealed from this judgment of onr highest Constitutional tribunal to popular assemblies would, if they could, invest a Territorial Legisia- ture*with power to annul the sacred rights of prop erty. This power Congress is expressly forbidden by the Federal Constitution to exercise. Every State Legislature in the Union is forbidden by its own Constitution to exercise it. It cannot be ex ercised in any State, except by the people in their highest tevereign capacity whan naming or amending their State Constiation. Ia like man aer, it can only be exercised by the people tf a Territory, represented in a convention ef delegates far the purpose of framing a Constitution prepar atory to admission as a State into tlie t ihom- Then, aud not until then, are they invested with power to decide the question whether slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subor dinate Territorial legislation. Were it otherwise, then, indeed, would the equality of the States in the Terijtories be destroyed, and tlie rights of pro perly in slaves wonld depend, not upon the guar antees of the Constitution, but upon tbe shifting majorities of an irresponsible Territorial Legisla ture. Such a doctrine, from its intrinsic uusound- ness, cannot long influence any considerable por tion of our people, much less can it afford a good reason for a dissolution of the Union. The most palpable violation of constitutional duty which have yet been committed, consists in tbe acts of different State Legislatnres to defeat the execution of the Fugitive Slave Law. It ought to be remembered, however, that for these Acts, nei ther Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are, therefore, null and void. All the Courts, both State and National, before whom the question has arisen, have from the beginning declared the Fugitive Slave law to be constitutional. The single exception is that of a State Court in Wisconsin; and this has not only been reversed by the proper appelate tribunal, bnt lias met with snch universal reprobation that there can be no danger from it as a presedeut. The va lidity of this law has been established over and over again by the Supreme Court of the United States, with perfect unanimity. It is founded upon an express provision of the Constitution, re quiring that fugitive slaves who escape from ser vice iu one State to another, shall be “delivered up” to their masters. Without this provision, it is a well-known historical fact that the Constitution itself could never have been adopted by tlie Con tention. Iu one form or other under the Acts of 1793 and 1850, both being substantially tbe same, the Fugi tive Slave Law lias been the law of the laud from the days of Washingtou until the present moment. Here then a clear cace is presented, iu which it will be the duty of the next President, as it has been my own, to act rvitli vigor in executing this supreme law against the conflicting enactments of State Legislatures. Should he fait in the perform ance of this high duty, he wilt then have mani fested a disregard of tlie Constitntion and laws, to the great injury ot the people of nearly one-half of the States of the Union. But are we to presume in advance that lie will thus violate his duty ? This would be at war with every principle of justice and of Christian charity. Let ns wait for the over-act. The Fugitive Slave Law has been carried into ex ecution in every contested case since the commence ment of the present Administration—though of ten, it is to be regretted, with great loss and incon venience to the master, and with considerable ex pense to the Government. Let us trust that tlie State Legislatures will repeal their unconstitutional and obnoxious enactment. Unless this shall be dene without unnecessary delay, it is impossible for any human power to save the Union. The Southern States, standing on the basis of the Constitution, have a right to demand this act ot justice from the States of the North. Should it be refused, then tho Constitution, to which ail the States are parties, will have been wilfully violated by one portion of them in a provision essential to the domestic security and happiness of the remain der. Iu that event, the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justitiable in revolu tionary resistance to the Government of the Union. EIGHT OF SECESSION. I have purposely confined my remarks to revolu tionary resistance, because it has been elaimcd within the last few years that any State, whenever this shall be its sovereign will and pleasure, may secede from the Union, in accordance with the Constitution, and without any violation of the con stitutional rights of the other members of the Con federacy. That as each became 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 must be on the principle that the Federal Government is a mere voluntary association of States to be dissolved at pleasure by any one of tlie contracting parties. If this be so, tlie Confederacy 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 onr thirty-three States may resolve themselves into as many petty, jarring, and hostsle Republics, each one retiring from the Union, without responsibility, whenever any sudden excitement might impel them to such a course. By this process a Union might be en tirely broken into fraginents^n a few weeks, which cost onr forefathers many years of toil, privation, and blood to establish. Such a principle is Yvholly inconsistent Yvith the history as well as the character of the Federal Constitution. After it was framed with tbe great est deliberation and care, it was submitted to Con ventions ot the people of the several States for ratification. Its provisions were disens.-v ’ length in these bodies, composed ot the firs: men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair constrne tion of the instrument, there was no foundation ftir such apprehensions. In that mighty struggle be tween the first intellects of this or any other coun try, it never occurred to any individual, either among its opponents or advocates, to assert, or even to intimate, that their efforts were all vain labor, because the moment that any State felt her self aggrieved she might secede from the Union. What a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by tlie Consti tution. The truth is, that it was not until many years after the origin of the Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who, in his message of 16th January, 1833, transmitting the nullifying Ordi nance of South Carolina to Congress, employs the following language: “The right of the people of a single State to absolve themselves at will, and without the consent of the other States, from their most solemn obligations, and hazard the liberty and happiness of the millions composing this Union, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted, and to the objects which it was ex pressly formed to attain. It is not pretended that any danse in the Consti tution gives countenance to such a theory. It is altogether founded upon inference, not from any language contained in the instrument itself, bnt from the sovereign character of the. several States by which it was ratified. But it is beyond tbe pow er of a State, like an individual, to yiijkl a portion of its sovereign rights to secure the'remaiiider ?— In the language of Mr. Madison, who has been call ed the father of the Constitution: “It was formed by the States—that is, by tlie people in each of the States, acting in their highest sovereign capacity; and formed, consequently, by the same authority which formed the State Cons stations.” “Nor is the Government of tlie United States, created by the Constitution, less a Government in the strict'sense of the term, within the sphere of its powers, than-the Governments created by the Constitutions of the States are within their several spheres. It is. like thpm, organized into legisla tive, executive, and j udiciary departments. It ope rates like them, directly on persons and things: and, like them, it has at command a physical force for executing the powers committed to it.” It was intended to bo perpetual, and not to be annulled at the pleasure of any one ef the con tracting parties. The old articles of the confedera tion were entitled “Articles of Confederation and Perpetual Union between the States:” and by the 13th article it is expressly declared that “the arti cles of this Confederation shall be inviolably ©b served by every State, and the Union shall be per petual.” The preamble to the Constitution of the United States, having express reference to tbe ar ticles of Confederation, recites that it was estab lished “iu order to form a more perfect Union. ”— And yot it is contended that this “more perfect Union” does not include the essential attribute of perpetuity. But that the Union was designed to be perpetu al, appears conclusively from the nature and ex tent of the powers conferred by the Constitution on tbe Federal Government. These powers em brace the very highest attributes of national sov ereignty. They place both the sword and the purse under its control Cougress has the power to make war, and to make peace; to raise and support ar mies and navies, and to conclude treaties with for eign Governments. It is invested with the power to coin money, and to regulate the value thereof, and to regulate, commerce with foreign nations, and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect. Congress posaessea the exclusive rigid to lay and oattect dates on imports, and in common with the States, to lay and collect all other taxes. But the Constitution has not only conferred ^ese high powers upon Congress, but h has adopt ed effectual means to restrain tbe States from in terfering with their exercise. For that purpose a i , ^?*x* ron * prohibitory language, expressly declared that “no State shall enter into any treaty, alliance or confederation; grant letters of marqne JV*?* 1 * cainmowy, emit bills of credit; mike anything but gold and silver coin a tender in pay ment of debts; pass any bill of attainder, expoet fiteto law, or law impairing the obligation of con tacts.” Moreover, “without the consent of Con gress. no State shall lay any imposts or dntfes on any imports or exports, except what may be absolute ly necessary for executing its inspection lawsand, if they exceed this amount, the excess shall belonir to the United States. And “no State shall, without the consent of Con gress, lay any duty of tonnage—keep troops, or ships of war, in time of peace, enter into any agree ment or compact with another State, or with a for- eiga power: or engage in war, unless actually in vaded, or in snch imminent danger as will not ad mit of delay.” In order still further to secure the uninterrupted exercise of these high powers against State inter position it is provided “that this Constitution and the laws of the United States which shall be made in pursuauco thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges iu every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary, notwithstanding.’ ’ The solemn sanction of religion has been super- added to the obligations of official duty, and all Senators aud Representatives of the United States, all members of the State Legislatures, and all exe cutive aud judicial officers, “both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution.” In order to carry into effect these powers, tbe Constitution has established a perfect Government in all its forms, Legislative, Executive and Judi cial; and this Government, to the extent of its pow ers, acts directly upon the individual citizens ot every State, and executes its own decrees by the agency of its own officers. In this respect it differs entirely from the Government under the old Con federation, which was confined to making requisi tions ou the States in their sovereign character.— This left it in the discretion of each whether to obey or to refuse, and they often declined to comply with such requisitions. It thus became necessary for the purpose of removing this barrier, and “in order to form a more perfect Union,” to establish a Gov ernment which could act directly upon the people, and execute its own laws without the intermediate agency of the States. This has been accomplished by the Constitution of the United States. In short, the Government created by the Consti tution, aud deriving its authority from the sover eign people of each of the several States, has pre cisely the same right to exercise its power OY’er the people of all these States, in the enumerated cases, that each one of them possesses over subjects not delegated to the United States, but “reserved to the States, respectively, or to the people.” To the extent of tbe delegated powers, the Con stitution of the United States is as much a part of the Constitution of each State, and is as binding upon its people, as though it had been texually in serted therein. This Government, therefore, is a great and pow erful Government, invested with all the attributes of sovereignty over the special subjects to which its authority extends. Its framers never intended o implant iu its bosom the seeds of its own de struction, nor were, they at its creation guilty of the absurdity of providing for its own dissolution. It was not intended by its framers to be the base less fabric of a vision, which, at the touch of the enchauter, would vanish into thin air; but a sub stantial and mighty fabric, capable of resisting the slow decay of time, aud of defying the storms of ages. Indeed, w ell may the jealous patriots of that day have indulged fears that a Government of such high poYvers might violate the reserved rights of the States, and wisely did they adopt the rule of a strict construction of these powers to pre. vent the danger? But they did not fear, nor had they any reason to imagine, that the Constitu tion would ever be so interpreted as to enable any State, by her own act, and without tbe consent of her sister States, to discharge her people from all or any of their Federal obligations. It may be asked, then, are the people of the States without redress against^thc tyranny and op pression of the Federal Government? By no means. The right of resistance on the part of tbe governed against the oppression of their govern ments cannot be denied. It exists independently of all Constitutions, and has been exercised at all periods of the world’s history. Under it old gov-, ernments have been destroyed, and new ones have taken their place. It is embodied in strong and express language in our own Declaration of Inde pendence. But the distinction mast ever be ob served, that this is revolution against an establish ed Government, and not a voluntary secession from it by virtue of an inherent Constitutional right. In short, let ns look the danger fairly iu the face : Secession is neither more nor less than revolution. It may or it may not be a justifiable revolution, but still it is revolution. What, in the meantime, is the responsibility and true position of the Executive I He is bound by solemn oath, before God and the country, “to take care that tbe laws be faithfully executed,” and from this obligation he cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which he coaid have exercised no control ? Such, at the present mo ment, is the case throughout the State of South Carolina, so far as the 1 aws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All the Federal officers, within its limits, through whose agency alone these laws can be carried into execu tion, have already resigned. We no longer havea District Judge, a District Attorney, or a Marshal, in South Carolina. In feet the whole machinery of the Federal Government, necessary for tbe distri bution of remedial justice among the people, has been demolised and it would be difficult, if not impossible, to replace it. Tbe only Acts of Cougress on the Statute book, bearing upon this subject, are those of the 23th February, 17%, and 3d March, 1867. These auth orize the President, after he shall have ascertained that the Marshal with his posse comitates is nna- ble to execute civil or criminal process in any par ticular case, to call forth the militia and employ the army and navy to aid him in performing this ser vice, having first by proclamation commanded the insurgents “to disperse and retire peaceably to their r -spccti ve abodes, within a limited time.” This duty cannot by possibility be performed in a State where no judicial aatliority exists to issue process, and whRre, even if there were such an officer, the entire population would (constitute one solid com bination to resist him. —. The bare enumeration of these provisions proves how inadequate they are without further legislation to overcome a united opposition in a single State— not a speak of other States who may place them selves in a similar attitude. Congress alone has power to decide whether the present laws can or cannot be amended so as to can y out more effectu ally the objects of tbe Constitution. The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be col lected, as heretofore, at Charleston ; and shonid the Collector unfortunately resign, a successor may be appointed to perform this duty. Then in regard to the property of the United States in South Carolina. This has been purchased forafelr equivalent, “by tbe consent of the Legis lature of the State, for the erection of forts, maga zines, arsenals,” &c., and over these the authority “to exercise exclusive legislation’' has been ex pressly granted, by the Constitution, to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in command of the forts has received orders to act strictly cm the defensive. In snch a contingency, the responsibility for consequences would rightfully rest upon the assailants. Apart from the execution of tbe laws, so far as this may be practicable, the Executive has no au thority to decide whatshail be the relations.between the Federal Government and South Carolina. He has been invested with no snch discretion. He possesses no power to change the relations hereto fore existin'? between them, much less to acknowl edge the independence of that State. This wonld be to invest a mere Executive officer with the pow er of recognizing the dissolution of the Confedera cy among our thirty-three sovereign 8totes. It bears no resemblance to the recognition of a for eign dafarta Government, involving no snch re sponsibility. Any attempt to do this wonld, on his part, be a naked act of usurpation. It is, therefore, my doty to submit to Congress the whole question in ell its I Ike to re- Tbe course of events is eo ra pidly haoteainglbrward, that tbe emergency may soon arise, when yen may be called apes te decide the momentonvqnestion winder yea ] power, by fores of arms, to comps! a main ia the Uaiea. I shoniu fee) myaeif to my duty, mere 1 net te expreae aa this important repeal.

Georgia Historic Newspapers

Southern recorder. (Milledgeville, Ga.) 1820-1872, December 11, 1860, Image 1