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I ATTOII NE Y A T I. AW ,
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t “ arukx. C. T. Goode
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AT TO R X E YS A T LA W
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nn v 18, 1858—ts
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ATTO RN E Y A T LA W ,
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lug. 27, 1859. 41 tr.
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‘LL practice in Upson, Talbot, Taylor, ( rawford,
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taiVr"’
GEOBGIA CONVENTION.
SIR. TOOMBS’ REPORT.
On Tuesday, January 29th, IBGI, the
folio ving paper was presented to the Geor
gia Convention by Judge Nisbet, who said
that it w'as the production of the Hon.
Robert Toombs. After it was read to the
Convention by its author, it was directed
to he placed on the Journal, and 10,000
extra copies printed in pamphlet form.—
We learn from the Secretary that Mr.
Toombs was opposed to its publication un
til he could have an opportunity of revising
the proof sheets. We tind it, however in
the Constitutionalist from which we copy
the
ADDRESS.
The people of Georgia having dissolved
their political connection with the Govern
ment of the United States of America,
present to her confederates, and the world,
the causes which have led to the separa
tion. For tlie last ten years, we have had
numerous and serious causes of complaint
against many of our non-slavehohliug con
federate States in reference to the subject
ot African slavery. They have endeavored
to weaken cur security—to disturb our do
mestic peace and tianq.uility—and persist
etdly refused to comply with their express
Constitutional obligations to us, in n f’er
ence to that property, and by the use of
their power in the lYGetnl Government,
have striven to deprive us of our equal en
joyment ol the common Territories of the
fit public. Ihe hostile policy of our con
federates has been j ursued with every cir
cumsianee of aggravation which could a
rotise the passions and excite the hatred of
iiur people, and has phtetd the two sections
of the Union, fur many-years past, in the
condition of virtual civil war. Our people,
still attached to the l nioit from habit find
national traditions, and aversion to change,
hoped that time, reason, and argument
would bring, it not redress, tit least exemp
tion from further insults, iujuries, and
dangers. Recent events have fully ilissi
j ated all such lopes and demonstrated the
necessity ot separation. < dir northern con-
Ld’ rates, after u full and calm hearing of
all the facts ; alter fair warning of our fx
ed purpose imt to subu.it to the rule of the
authors i t ail these wrongs and injuries,
have, by a large majority, committed ill *
ii’ v< tnun nt of the United States into
then hands. Ihe peoj le of Georgia, after
an equally, full and fair, and deliberate
hearing ol the case, have declared, with
equal limn.ess, that they shall not rule
over them. A hint history of the ris**.
pr< gregs, and policy of anti-slavery, and
of the political organization into whose
hands the Administration of the Federal
Government has been committed, will fully
justify the pronounced verdict of the peo
ple of Georgia. r l lie party of Mr. Lincoln,
called the Republican party, undents pres
ent name tmd organization, is of recent, or
igin. It is admitted to be an anti-slavery
party, while it attracts to itaeß, by its
creed, the scattered advocates of exploded
political heresies; of condemned theories
in political economy ; the advocates of
commercial restrictions, of protection, of
special privileges, of w;fk.‘e and corruption
iu the administration of Government —an-
ti-slaveiy is its mission and its purpose. —
By auti-slavery it is made a power in the
State. The question of slavery was the
greatest Uitiiculty in the way of the form
ation of the Constitution. While the sub
ordination, and the political and social in
equality of the African race, were fully
conceded by all, it was plainly apparent
that slavery would soon disappear from
what are the non-slaveholding States of
the original thirteen. The opposition to
slavery was then, as now, general in those
iStates, and the Constitution was made
with direct reference to that fact.
But a distinct Abolition party was not
formed in the Uuitedf6tat.es for more than
halt a century after the Government went
into operation. The main reason was,
that the North, even if united, could not
control both branches of the Legislature
during any portion of that time. There
fore, such an organization must have re
sulted, either in utter failure, ot the total
overthrow of the Government. The ma
terial prosperity of the North was greatly
dependent on the Federal Government —
that of the South not at all. In the first
year of the Republic, the navigating, com
mercial, and manufacturing interests of
the Nui th, began to seek profit and ag
grandisement at the expense of the agri
cultural interests. Even the owners of
fishing smacks sought and obtained boun
ties lor pui suing their own business, which
vet continue, and over half a million of
dollars are now paid them annually out of
the Treasury. The navigating interests
begged for protection against foreign ship
builders, and against competition in the
coasting trade : Congress granted both re
quests and by prohibitory acts gave tin ab
solute monopoly of the business to each of
these interests, which they enjoy without
diminution to this day. Not content with
these great and unjust advantages, they
have sought to throw the legitimate bur
thens of their business, tis much as possi
ble. upon the public. They have succeed
ed in throwing the costs ot lighthouses,
buoys, and the maintenance of their sea
men, upon the Treasury; and the govern
ment now pays over two millions annually
for the support ot these objects. 1 hese
interests, in connection with the commer
cial and manufacturing classes, have als<
succeeded, by means ot subvention to mail
‘THE UNION OF THE STATES; --DISTINCT, LIKE THE BILLOWS; ONE, LIKE THE SEA ”
THOMASTON, GEORGIA, SATURDAY MtHiMNlt. FEBRUARY 1& 1861.
steamers, and the reduction of postage, iu
relieving their business from the payment
of about seven millions of dollars annually.
and throwing it upon the public treasury,
under the name of postal deficiency. The
manufacturing interest entered into the
same struggle early, and has clamored
steadily for Government bounties and spe
cial favors. This interest was confined
mainly to the eastern and middle uou
slaveholding States. Wielding those great
States, it held great power and influence,
and its demands were in full proportion to
its power. The manufacturers and miners
wisely based their demands upon special
facts and reasons, rather than upon gener
al principles, and thereby nullified much
■of the opposition of the opposing interests.
They plead in their favor the infancy of
their business in this country, the scarcity
of labor and capital, the hostile legislation
of other countries towards them, the great
necessity of their frabrics in time of war,
and the necessity of high duties to pay the
debt incurred in our war for independence*
These reasons prevailed, and they received,
for many years enormous bounties by the
general acquiesence of the whole county. —
But when these reasons ceased,, they were
no less clamorous for Government protec
tion, but their clamors were less heed'd,—
The country then put the principle of pro
tection upon trial, and condemned it. Af
ter having enjoyed protection to the extent
ot from fifteen to two hundred per cent,
upon their entire business for about thirty
years, the act of 184(j was passed. It
avoided sudden change, hut the principle
was settled, and free trade, low duties, and
economy in public expenditures was the
verdict, ot the American public. The
South and the North-Western States sus
tained this policy. There was but small
hope of its reversal- —upon the direct issue
noneat, all ; all these classes saw this, and
felt it, and cast about for new allies. The
anti-slavery sentiment of the North offered
the best chance for success. An anti-slave
ry party must necessarily look to the North
(done tor support, but a united North was
now strong enough to contn 1 the Govern
ment m ail its departments, and a section
al party was therefore determined upon.—
Time, and issues upon slavery, were nec
essary to its completion and final triumph.
The feeling ot anti-slavery, which, it was
well known, was very general among the
pc< pie of the North, had been long dor
mant or passive. It needed only a ques
tion to arouse it into aggressive activity. —
This question was before us. We had ac
quired a large Territory by successful war
with Mexico. Congress had to govern it.
How, in relation to slavery, was the ques
tion then demanding solution. This state
ol facts gave form and shape to the anti
siaverv sentiment throughout the North ;
and the conflict began. Northern anti
slavery im n, of all parties, asserted the
right to exclude slavery from the Territo
ry by Congressional legislation, and de
manded the prompt and efficient exercise
of this power to that end. This insulting
unconstitutional demand was met with
great moderation and firmness by the
South. We had shed our blood and paid
our money for its acquisition—we deman
ded a division of it, on the line of the Mis
souri restriction, or an equal participation
in the whole of it.
These propositions were refused. The
agitation became general, and the public
danger great. The caiise of the South was
impregnable. The price of the acquisition
was the blood and treasure of both sections
—of till—and therefore, it belonged to all
upon the principles of equality and justice.
‘1 he Constitution delegates no power to
Congress to exclude either party from its
free enjoyment. Therefore, our right was
(joocl under the Constitution. Our rights
were further fortified by the practice of
the government from earlier and better
days. Slavery was forbidden in the coun
try North-west of the < >hio river, by what
is called the ordinance of 1787. That or
dinance was adopted under the old confed
eration, and by the assent of Virginia,
who owned and ceded the country, and
therefore this case must stand on its own
special circumstances. The Government
of the United States claimed territory by
virtue of the treaty of 1783 with Great
Britian—acquired territory by cessions
from Georgia and North Carolina —hy
treaty from France, and by treaty from
Spain. These acquisitions largely extended
the original limits of the Republic. In all
ot these acquisitions the policy of the Gov
ernment was uniform. It opened them
to the settlement of all the citizens of all <>f
the States of the Union They emigrated
thither with their property of every kind
(including slaves) —all were equally pro
tected hy public authrority in their persons
and property, until the inhabitantsbecame
sufficiently numerous, and otherwise capa
ble of bearing ihe burthens and performing
the duties of self-government ; when thev
were admitted into the Union upon equal
terms with the other States, with whatever
republican Constitution they might adopt
for themselves.
Under this equally just and beneficent
policy, law and order, stability and prog
ress, power and prosperity, marked every
step of the progress of these new commu
nities, until they entered as great and pros
perous commonwealths into this sisterhood
of American States.
In IS2O, the North endeavored to over
turn this wise and successful policy, and
demanded that the State of Missouri
should not he admitted into the Union
unless she first prohibited slavery within
her limits, by her Constitution. After a
bitter and protracted struggle, the Notth
was defeated in her special object; hut
b~r policy and position led to the adoption
of a sVefion in the law for the admission
of Missouri, prohibiting slavery in all that
P°rjjbn tot the territory acquired from
France, lying N%rth of3Gd 30ni North lat
-1 ble, and outside ot Missouri. The ven
etnble Madison, at. the time of its adoption,
declared it unconstitutional. Mr. Jeffer
son condemned the restriction, and foresaw
its consequences, and predicted that it
would result in the dissolution of the
b nion. This prediction is now history.—
Ihe North demanded the application of
the principle of the prohibition of slavery
to all of the country acquired from Mexi
co, and all other parts of the public do
main, then, and in all future time. It was
the announcement of her purpose to ap
propriate to herself all the public domain
then owned, and thereafter to be acquired,
by the United States. The claim itself
was less arrogant and insulting than the
reasons with which she supported it; that
reason was her fixed purpose to limit, re
strain, and finally to abolish slavery in the
States where it exists. The South, with
great unanimity, declared her purpose to
resist the principle of prohibition to the
last extremity. This particular question,
iu connection with a series of questions,
affecting the same subject, was finally dis
posed ot by the defeat of prohibitory leg
islation. The Presidential election of 1852
resulted in the total overthrow of the ad
vocates of restriction and their party
friends. Immediately after this result, the
anti-slavery portion of the defeated party
resolved to unite all the elements in the
North opposed to slavery, and to stake
their future political fortunes upon their
hostility to slavery everywhere. This is
the party to whom the people of the North
have committed your government. They
raised their standard in and were
barely defeated. They entered the Presi
tin 1 contest again in 18G0, and succeeded.
The prohibition of slavery in the Territo
ry, hostility to it everywhere, the equality
of the white and black races, disregard of
all Constitutional guarantees in its favor
were boldly proclaimed by its leaders and
applauded by its followers. With these
principles on their banner, and these utter
ances on their lips, the majority of the
people of the North demand that we shall
receive them as our rulers. The prohibi
tion of slavery in the Territories is the
cardinal principle of this organization.
For forty years this question lias been
considered and debated in the halls of Con
gress, before the people, by the press, and
before the tribunals of justice. The ma
jority of the people of the North, in IS6O,
decided Pin their own favor. We refuse
to submit to that judgment, and in vindi
cation of our refusal, we offer the Consti
tution of our country, and point to the to
tal absence ot any express power to ex
elude us —we offer the practice of our
Government for the first thirty years of its
existence in complete refutation of the po
sition that any such power is either neces
sary* or proper to tlie execution of any*
other power in relation to the Territories.
We offer the judgment of a large minority
of the people of the North, amounting to
more than one-third, who united with the
unanimous will of the South against this
usurpation ; and finally we offer the judg
ment of the Supreme Court of the United
States, the highest judicial tribunal of our
country*, in our favor. This evidence ought
to he conclusive, that we have never sur
rendered this right; the conduct of our
adversaries is as if we had surrendered it
—it is time to resume it. The faithless
conduct of our adversaries is not confined
to such acts as might aggrandise them
selves in their section of the Union ; they
are content if they can only injure us. The
Constitution declares that persons charged
with crimes in one and fleeing to an
other, shall he delivered up on the demand
of the Executive authority* of ihe State
from which they may flee, to be tried in
the jurisdiction where the crime was com
mitted.
It would appear difficult to employ lan
guage freer from ambiguity ; yet for the
above twenty years, the non-slaveholding
States generally, have wholly refused to
deliver up to us persons charged with
crimes affecting slave property ; our con
federates, with Punic faith, shield and give
sanctuary to all criminals, who seek to de
prive us of this property, or who use it to
destroy us. This clause of the Constitu
tion requires them to surrender fugitives
from labor. This provision, arid the one
last referred to, were our main inducements
for confederating with the northern States.
Without them, is it historically true, that
we would have respected the Constitution?
In the fourth year of the Republic, Con
gress passed a law to give full vigor and
efficiency* to this important provision. This
act depended to a considerable degree upon
the local magistrates of the several States
for its efficiency*. The non-slaveholding
States generally repealed all laws intended
to aid the execution of that act and im
posed penalties upon those citizens whose
loyalty* to the Constitution, and their
oaths, might induce them to discharge
their duty. Congress then passed the act
of ISSO, providing for the complete exe
cution of this duty by Federal officers.—
This law, which their own bad faith ren
dered absolutely indispensihle for the pro
tection of Constitutional rights, was in
stantly met with ferocious reviling, and
all conceivable modes of hostility. The-
Supreme Court unanimously, and their
own local courts, with equal unanimity,
(with the single arid solitaiy exception of
the Supreme Court of Wisconsin,) sus
tained its Constitutionality in all of its
provisions. Yet it stands to-day a dead
letter, for all practical purposes, in every
non-slaveholding State in the Union. We
have their covenant; we have their oaths
to keep and observe it; but the unfortu
nate claimant, even accompanied bv a Fed
eral officer, with the mandate of the high
est judicial authority in his hands, is eve
rywhere met with fraud, with forces, and
with legislative enactments, to elude, to
resist, to defeat him. Claimants are mur
dered with impunity* ; officers of the law
are beaten by* frantic mobs, instigated by*
infiamatory appeals from persors holding
the highest public employments in their
States, support'd hy legislation in conflict
with the cleau provisions of the Con
stitution, and even the ordinary principles
of humanity. In several of our confeder
ate States, a citizen cannot travel the
Highway, with his servant, who may volun
tarily accompany him, without being de
clared by law a felon, and being subjected
to infamous punishments. It is difficult to
perceive how we could suffer more by the
hostility than by* the fraternity of such
brethren.
The public laws of civilized nations re
quire every* State to restrain its citizens or
subjects from committing acts injurious to
the peace and safety of any other—States
attempting to excite insurrection or to les
sen the security, or disturb the tranquilly
of their neighbors, and our Constitution
wisely gives Congress the power to punish
all offences against the laws of nations.—
These are sound and just principles, which
have received the approbation of just men
in all countries and in all centuries; but
they are wholly disregarded by* the people
of the northern States, and the Federal
Government is impotent to maintain them.
For twenty* years past, the Abolitionists
and their allies in the northern States
have been engaged in constant efforts to
subvert our institutions, and to excite in
surrection and servile war amongst us.— *
They have sent emissaries amongst us for
the accomplishment of their purposes.
Some of these efforts have received the
public sanction of a majority of the lead
ing men of the Republican party* in the
national councils—the same men who are
now proposed as our rulers. The efforts
have, in one instance, led to the actual in
vasion of one of the slaveholding States,
and those of the murderers and incendia
ries who escaped public justice by* flight
have found fraternal protection among our
Northern confederates. These are the men
who say the Union shall be preserved.
Such are the opinions, and such are the
practices of the Republican party*, who
have been called, by their own votes, to
administer the Federal Government under
the Constitution of the United States. —
We know their treachery—we know the
shallow pretences under which they* daily
disregard its plainest obligations. If we
submit to them, it will be our fault, and
not theirs. The people of Georgia have
ever been willing to stand hy this bargain
—this contract. Thev have never sought
to evade any of its obligations—they* have
never sought to establish any* new govern
ment. They have struggled to maintain
the ancient rights of themselves and the
human race, through and under the Con
stitution.
But they* know the value of parchment
rights in treacherous hands ; and, there
fore, they refuse to commit their own to
the rulers whom the North offer us. Why?
Because, hy their declared principle and
policy they have outlawed three thousand
millions of our property in the common
Territories of the Union—put it under the
ban of the Republic in the iStates where it
exists-—and out of the protection of Fed
eral law everywhere—because they give
sactuary to thieves and incendiaries w*ho
assail it, to the whole extent of their pow
er, in spite of their most solemn obliga
tions and covenants —because their avowed
purpose is to subvert our society and sub
ject us not only to the loss of our property*,
but the destruction of ourselves, our wives,
tind our children, and the desolation of our
homes, our alters, and our firesides. To
avoid these evils, we resume the powers
which our fathers delegated to the Gov
ernment (ff the United States arid hence
forth will seek new safeguards for our lib
erty, equality, security, and tranquillity*.
Remarks of Hon. Alexander H. Steph
ens in Convention , on Friday , January
1 8th, the Resolutions of J lr. Nisbet of
Bibb , and Mr. Johnson of Jefferson, beinj
u n der cons id-era tion.
Mr. President : The motion of the
lion. Delegate from the county* of Jeffer
son, (Hon. 11. V. Johnson) is, first, to strike
out the pending resolution offered by* the
Hon. Delegate from Bibb county, (Hon.
E. A. Nisbet) and to insert in lieu thereof
the propositions he has submitted by wav
of substitute ; arid then, in the second
place, to refer or commit both these prop
ositions to a committee of twenty-one. —
The peuding question is on the motion to
refer to such committee. The object, 1
take it, is not to obstruct or delay the ac
tion of the Convention. It is rather to
present in the most direct manner a test
question between those who are for imme
diate secession and those who prefer the
adoption of some other remedy, looking to
a redress of existing wrongs in the Union
and under the Constitution, before taking
this last resort. The first of the resolu
tions of the Hon. Delegate from Bibb, that
one which is now under consideration, de
clares it to be the right and the duty of the
State to secede from the Union. It is true
this resolution, as stated by the honotablu
33clitor and t > roprietor
Volume 3 Number 13.
mover, does not in express terms declare it
to be the duty of the State to secede
nor would it of itself commit any one who
might vote for it to immediate secession.-
But that is evidently the object of thel'es-*
olution. It is to commit the State to im
mediate secession ; and I am frank to sav,
that if we are to secede for existing cau
ses. without any further effort to secure our
rights under the Constitution, in tlie Un
ion—if a majority of this Convention
lost all hope, and look upon secession as
the only remedy left—in my opinion, the
sooner we secede the better. Delay can ef*
feet no good. How this Convention standi
upon that question, Ido not know Some
claim a large majority for immediate anj
unconditional secession, while others think
there is a majority still looking with hope
to redress and conciliation. I for one, ant
very desirous of having this point settled
and put to rest in good feeling and harmo*
nv amongst ourselves by a test vote. My
action hereafter shall be influenced by that
vote. If a majority express themselves f*r
secession for existing causes, and without
further effort, I shall forbear from pressing
upon tlie consideration of this body any
plan or measures, or even individual views
or opinions calculated to embarrass, ob
struct, delay or hinder speedy action upon
the resolve of the majority. It could only
tend to divide and distract our counsels
which ought above every other considera
tion, to he harmonious in the iinal result,
if possible. It is well known that my judg
ment is against secession for existing cau
ses. I have not lost hope of securing our
rights in the Union and under the Consti
tution ; that judgment on this point is as
unshaken as it was when this Convention
was called. Ido not now intend to go in
to any argument on the subject. No good
could he effected by it. That va-? filly
considered in the late canvass, and I doubt
not every delegate’s mind is made up upon
the question. I have thought and still
think that wo should not take this extreme
step before some positive aggression upon
our rights by the General Government,
which may never occur, or failure after ef
fort made, to get a faithful performance of
their constitutional obligations on the part
oft hose confederate States which now stand
so derelict in their plighted faith. I have
been and am still opposed to secession as a
remedy against anticipated aggressions on
the part of the Federal Executive or Con
gress. I have held and do now hold that
the point of resistance should be the point
of aggression. I would not anticipate—l
would not he the first to strike.
Pardon me Mr. President for.trespassing
upon your time but for a moment. I have
ever believed and do now believe that it is
to the interest of all the States to he and
remain united under the Constitution of
the United States with a faithful perform
ance by each of all its Constitutional obli
gations—if the Union could he maintain
ed on this basis, and on these principles, I
think it would be the best for the security,
the liberty, happiness and common pros
perity of all. Ido further feel confident if
Georgia would now stand firm, and unite
with the border States, as they are called,
in an effort to obtain a redress of those
grievances on the part of some of their
Northern confederates whereof they have
such just cause to complain, that complete
success would attend the effort, our just
and reasonable demands would be granted.
In this op,inion I may he mistaken, hut I
feel almost as confident of it as I do of my
existence Hence upon the test vote, which
I trust will be made upon the motion now
pending, to refer both the propositions be
fore us to a committee of twenty-one, a
majority shall vote to ommit the n, .1
shall do all I can to perfect the plan of uni
ted Southern co-operation, submitted by
the Hon. delegate from Jefferson and put
it in such shape as will in the opinion of
the Convention best secure its object—that
object as I understand it, does not look to
secession by the lfith of February, or the
4th of March, if redress should not he ob
tained by that time. Iji my opinion it can
nut be obtained by the lfith February, or
even the 4th of March. But by the lGth
of February, we can see whether the Bor
der States and other non-seceding South
ern States will respond to our call for the
proposed Congress or Convention at At
lanta. If they do as I trust they may, it
would then have that body so composed of
Representatives by delegates and commis
sioners as contemplated, from tlie whole of
the slave holding States, could and would
I doubt not, adopt either our plan or some
other, which would fully secure our rights
with ample guarantees, and thus preserve
and maintain tho ultimate peace and Un
ion ot theconntry. Whatever plan of peace
ful adjustment might bo adopted by such
a Congress, 1 feel confident would he acce
ded to by the people of every Northern
State. This could not be done in a month
or two months, or perhaps short of twelve
months. Time would necessarily have to
he allowed for a consideration of the ques
tion submitted to the people of the North
ern States, and for their deliberate action
on them in view of ali their interests pre
sent and future. How long a time should
be allowed, would be a proper question for
that Congress to determine. Mean-while
this Convention could continue its exist
ence by adjourning over to hear and decide
upon the ultimate result of this patriotic
effort.
This is but a sketch, an outline of thet
policy I shall favor and endeavor to get ad
opted. Mr. President, if upon the test vote,-
it shal] be found that a majority are Dot in
favor of secession for existing causes, ami
without further effort in the way of jiroeU*