Newspaper Page Text
•• t°. .• ‘ .- i —^s—i
•YOL. 111.
■ (T be (tntrfffvisr.
lmYlaf *4 BENEFIT, iCprtetow. 1
••• • • *
/*
teums. • .• *
%•* “ SoCTHEMT ExTKRPRIS#’ ill , blisMd *Wet>hli
•n. TwJ Doui pfWfc, if paid m fIUvaSL. If
m
(Men for the/* should be *c*pfciedl
by Ike ( mb. Th<m f * •
changed will notify .. * bffice it it
furred, witli the Name, CuuTgy and State pflduly a ritta
. AD) ERTl.otnG. * #
~ .- * oa’L.- misa • * * o c
AiAratisKMKsfs wifi be puldished at Oxx dSclak
l*rNHKeof twelve lima or ks, fmftthe fcrst inuertiorL, 1
.uni Firrt (Jxs is for ea< h - ... ft.- i 1
ut specified us t., the time, will bemublished until order* ,
V(1 out and cli;ir_. ! ;iu. ; lin _’h\ # •
.Oiiftri-vnv Notices, ribt exceeding six lines, will be |
and jyatis ;*but Cash, at th# ruffe of ©35 D
0 # muutil
acAfu • ° **
. y Advertisers will ; leaJfe hand inAheir pnftri- 5
©its to 10 o'clock on Tiles lavs. •
.. CQNTRAC’T A D VEKTi'jIK.Ae.'VTH,’
, *■■’- with Aii \ i will be governed by
the fMlowiag Rule#, eaclf square “being composed of
twelve solid Minion linos: * a •
° a o 1
• •• ’ I J I I * ldL * I
** - : L ► •-
• .= i • ■ r K j
. •’ I Ii s
LM6U Os AnrERTI9£M.NT9. ??
• : • • i. ?V > •
* •* i a . = >
. •. H I 1
••One Square • $j 00 $8 00 $lO 00 sl2 00
Two Squarfe..• OO.HI 00 18 m* 20 i
There Squares.,t.< 10 00 it> 00 *l DO #.i 00
••Four Squares 12 00 r 7 00 2?00 26 00 :
Five Squares....*...# 1 •*', id *;}•) c#
Squares . IS (I!) -.4 lla 30 00; :*•> 00
One Half <ftol*nin ~.4 i Jo i■- TO on* 00 I') 00
Three Fourths C’ofbmn :fij 00 11 Oil ./J 00 GO 00 !
On# Column • JSO O<E6O 00; 70 00‘ so oo ‘
. ty Be sis ess for the tern# of one year, WiTl be
• charged inqrroportionr y> tint space they occupy,at*Dxx
Dollar per Line, V-oftid Mii* a.ft • ‘ ‘•
I .‘ 1 • •
®®4W •
MIG.U, adv i; itig-; tg *•;
• -s*ll pertains having <M-. asii#i ft ■•advertise Legal ft-ialcs.
Notices, etc.fare compeJ|fnl by law. to comply with the
following rulesj • , •*
•..• * • . ,
Aeon#tom.. E-. vmiior. or Gnaiilians;
All sales of LaaJ .i e \ ;rita.-s by Adiiiinistrafofti,
E.v-( utor- on < Ina’-ddans. 41 v required hv law to lie
S ‘! on the 1
• hours of in the forenoon, and three in tluj
afternoon, at the ( ‘oiirthousc in the oumty in \\ iiicli
• the piTipert* ;s tuate. Ttyitii ‘-s of tliesi 1 sales must
lie yiven iu a puli; (I a/.*’ te F..r;v !)a\> previous to
. . the day of salie • • •
• Stale of i'ersona f l-opi-rfy: ° ° *
• Notices of the sa!eof I’ersomJ Property must be,
given af lea*l Ten Days previous io the day of sale. ,
#7sito Debtors anil t'llililor*!
None, sto Debtors and Credit. of ait estate must i
be published Forty Days. • #
Cupi t of Ordinary l.ravf So Bells •
Notice that application vill be mwWtot|)e Court
JDrtiiiuM-y for leave •*>. !! liand Near oea, i ,
• le pnbljphciiwi i •=• Tw * M • ‘
sldiiiiiiisti-ntioli asiil Giai'iliiiasiiij):
• Citations*for 4.-of iWliniuijtfrafion must be I
*. pnblmliad Thirty*Dave; for Dismlwdon froiAdmin-j
* Mition, : tpnlhlv for six Montltft; for Dismiwion
from HuaidiausffpT Forjy Ttays. • . •
VorrrlnsniT of tiorrttnsr: . •
nice for Foreclosu *1 net be p*t>
lished monthly for Four Months. **
0 •
l.rst ijapers: •• • •
• Notices fo*etitStdishlna Imjt Pajterslnnst be puß
• lislied for.lift- full t Tin t f Th.er•Months.
• • • • • a
• fT* Publications will always be contimt. ! ji.-coßiiny
to the above rules nab s < • erwt- - or.', red.
0 a|[[| | * P >| Jl I ,
. “LAW CAEDS.* . .
; . • o *
‘• ‘• •• T. £i. Stanley, # . I
A TTOBHEY LAW,* .• . I
J&. !’M IN, imeOHSrf’O., GA.* . ;
•\Vill.pmctiee in tin* Counties ol the Southern riiruit.
•;tiui (Mii'ee, Cline .tV e ;tu.i#E I Is . f the llnuiswick
Circuit. * o dec 17 tt !
w. B. BeH net y
Attorney at law,
• til fr.MAX, # I'UOOKS CO .Ti l. .
0 Will practice in ffhonuA, LowndA. nud 1> n*i -
cn Connies. • • * • mh li tt *
*. J. E?. Alexander,
A* TTORNSY AT* LAJV,
mil 25-ts * THOMASVIU.K, GA. .
~* *, l. IS. Bedford, *
AttorneV AT ii aw, 0 •
\V Alt KS BOROUOIT, GA.
Will practice ill the < mr.tics of jju- Brunswick_ Circuit,
anil in I,.>wu.lcs and l'errii ii Counties ol the Southern
Circuit. i* ts
• 0 Jd!\n )!. Dyson,,
Attorney at law,
• thoMasvjlle.*ga. .
• Office netft noor to Dr. Brnce**. , mb t s tt
lIIIkTQC i-. BlilU'S,
Attorney at law,
* (:!.Bryan,
Attorney at law.
mil 10 THOMASVItLE, GA.
• ” o
E. <. JSostttais, , •
Attorney at law,
NASHVILLE, BERRIEN GO., G A.
WilPpraetie.* in t!u# C umti. sos the Soufliem Circuit;
and tli.'®t bounties of P* dv, orth and Dougherty of the
Macon; °. B#e, Clinch and Ware of the Brunswick
Circuit. Address at Flat Creek Post Office, Ga.
mil 13 ° 0 o * ”
II? T. I’eeples,
Attorney at law, ° *
NASHVILLE. BERRIEN CO., GA.
je t~2
• li—lyif 55. Sjf’oEicei*, , •
Attorney at law,
THOMASVILLE. CA. o
Will give liis entire attention to the Practice of Lirw
inlthe Counties of the Southern Circuit.
Office on the second floor of McLean 1 * BncL
building. 0 ° mli D ts
%. V. o
JUSTICE C?F THE PEACE
• Orjice at the Courthouse, Thomasrille , Ga.
All business enfirusted to him will be attended to prom;*
Iy and witlT dispatch. o mh Jo ly
• dins. SS. Remington *•
JUSTICE OF THE PEACE?
0 e O 9* ktPortOJ. ■ T
Cottaaffiito# of ail kin.is tijien on liberal tesms. either
in Justice’s. Superior or Inferior Ciutrts. mh I s ’’ ®
* o 0 teiflicMPi l
•IRON WORKS,’
ADJOINING THE PASSENGER DEPOT.
Macon Georgia,
Manufactures oP
S T, 'P* En?im>s and Sloilers,®.
Mill and (iin Lcai iiu, * •
. Cane Mills and Pans, °
Syrup Boilers. •
Shaf’linst and Pulley.*
AND Af.L KINDS OF MACHINERY MADE TO
order at short notice.
• E. REMINGTON & SON. °
jan 14-ly , Ageate, Thom##viße i Ga. a
. JoP) W oris..
\\TE ABC WffiW prepared rq do ai.V
” kinds of JOB PRINTING, from a VigitingCard to
* la%e Poster, at the Enterprise office Try ns. 0
° B V 1 > A* R F \ i: A V , )
* f tapritl.r. \
“MEQICAL AND* DBNT3LL CARD^.
*. 1 •
e 4
• OO [MEDICAL CAftD.J • •
I)rs. Uruce'A Reed, • •
IfoWING FORMED A CO- P.y {T NF.RS HIP IN
A A ?hc practise Mi ilii . ofl ;r their service#£o the
•* • •
. 1 Bn< e, the .*:;• occupied by Brnfle for many rears.
* y _iqJ-m-,i a*HOSf ri'.V. 1 *
of th#w owning slaves ranijirino Surgti-al attentgiu; and
whiti •- . sons, n -:*;■ ii.- to puv, uatfbe treated gratis.
| Accommodations ‘
_ R. J. fiIACCE, ¥. D.
• Jpnq 24,18 w). * ,J. R M REED, M. I>.
\. G. J
JN TENDERING HIS PROFESSIONAL SERVE *;s
to *he peojile of vicinity, wonld fc
fofm t henethat he hhrtbeen practii igg ltiedjj-tne in Jefier
, son FI iriif forhve years, *luring vJdPh time he
h-.- m.d ■ .-ati-f l;i',.st of the . es W.dcii m curitl
this laa'tude. * • ‘ *
•H-sip e. on t'. .’. r, n, „ r the office fnrmerlv
• iv C. and. II • , * # ,
• liLMDE # \CI#, house foAnerly occupied b£ £k L.
Anderson. • ° ’ ‘, •
Thomaprflfe, January 7. 1860. * * ,ts •
I>*\ K. Wlitcios,
Practitioner of Medf&ipe and. Surgery,
,* jan 1 Glasgow, Tlioi as Cos., Ga. • ly
• eoT O • * o
# I>r. S. S.
Hl^R EBY •!4 FORMS Ills 4ND TIIK
public, that he will continue the practice of medi-J
c4ic- at tl#- old stand and respectfully teuderaids si
to the public. • , • • • o
Phomusville, .*prii 2, lSf>o. ts
• * • * *•”" I
TKVur.M rr.u rii K.]. . .
• • III’. P. s. Ilifvter.
/\KFti;s ftis PROFESSIONAL SERVICES TO]
V * citwens of Thomasville*tjijil vicinity.* 0
i’ails at all lion; a! 1 •:* Id. *mli 18 ts
* —• —• • * . —• • I
Sftr. Brautloli,
H AS REMOVED TO THE OFFICIf FORMERLY
* occupied byl Mdler, Esq., as a Law Office.
Calls promptly attend . • ,
‘-• Sj.ei-ia! .*■ a n? !■ given t#i and
Sursifal Dis-asi s. •
Thilmasville, Jannarv Id. IWO. * ts
• • 9
*. pi s. ffS. f5. ci. R. O. \ inol/f, ,
Resident Dentists. Tic u .;*'Ville, Ga.
’.TIfE HAVE THE PRA< AL.ADVANTAGE (W •
T T fifteAi vean %xperiedte iiv every - •
branch of tfi* profcssSm. ‘ f. J? * . r ;%>
* can refer t<#ui;:r,y wli > have had the r’p i
beni-lit i- nr i>]>era!ious*n this ICuw v for# #
the >Am years. ,
\\ e have every far fltv for doing ftie best
Plato-Work, •
*‘.NOW KNOWN, WHICH W I)ENt)MINATE4
Continuovis Gum Work, •
i*i I’latina Plate,*>thicli*is impervious to any #f the acids,
e*en in a conccnUated fufo. * *
‘ 1 t-Mi filled w;Oi pure ■ - >l ll in a suiierior liiaimc: 4
Patfenta favoPing ns with their confidence niy ly j
upon our utmost perform every operation in
as perfect*i‘uiannner as posfeible. * • ‘ mb |%tf
‘••‘NeV/ I)rug Store. * . *J
PR# I*. N. BOWER lias opem <1 a Drug St ft re at !
si and te; i;;ly . -up:*.! by dh\ EMfiR ikt BRO., \
; opposite li. RcL.in?tmiV, ifiul is pii-pareij to fumidli
.II * 12 <as, *§• fc::ca 1 /[ftks, •
I** # FTvNC'Y SOAT3, sh.c., . •. [
! upoi? fair terms, to those who nifty firvsir biiq witfti a call.
To his Reform*fsii uib- ii-ftvouhl say. that lie has unhand j
,i(*t - esh am! r#l;a!>le a-: ortment if
• . \ rfi 7, ,r va ‘rf *p n r r.r <p n
* ♦ • -Q 7
and will be ghtd to sc.poly lie ta with # h articles as
vi.ey may jnxd. ‘* .
, -'Uh, • , • . *
Kiftosine, rim-d'i. sand Tobaceo, Fine Medicinal
Bratfdies and Wines, kept cSnatantly o* hand and for
1 sale. * mav#£J-ff
5? !•*!?>:
I CRT ri:* i:iyi:i)*\ large and well sklkc- |
tl fed stft- k ft-f Drugs and Medicines, Chemicals of alLl
#• i ’ S o.
minis. ,
Al. Si. P#ii.ts. Oils. Glass, Putty. Varnish, Brashi .*Dye
Stuffs, la ftiei!,. •.!■ liarili-u Se- 1 #i!et Ariu lcs,
IY-rfuniery, Brushes, e. Ki-rosine Oil anil J.amps;
Cumphgne 51;; :: ■. ft; Fluid aifil laiinns. • • a
i . E#>WARD SEIXAS, Druggist.
Tl.#niasvi:lS. Ma\*2l, ISdO. • ts
••- • •
’’• ADotheeajry*s Hall.
rjiIIE SUBSCRIBER. HAYING TAKEN A STORE
I tl a 7'lioii;i|.B ibi rfi tv !li<c!. 2>ui!i9ti<',
; respectfully invites the alien: on ofVue public tohi#c%in-
; jdete unit well selectui stodfof * #
• Drugs, .
Medicines,. •
• * Chemicals* • #
i , Paints* 0 *
. Oils, o ,
• Dycf.StufTs, *
.* Perfumery, °* 9
. . Spices, •
s* Tobaccos
, • Scgars,
Fine Braudic^
Willis,
Porter,
Ase,
. , • * Toilet-Soaps,
* * , fjotask,
0 &C. &C.
| ALL OF WHICH AVILL BE SOLD ON KEASOXA- !
ABLE TERMS. . 0 „
15?” Attention gi-vu //ersnuaHy to the preparation of j
j * Physician's JJrcNCTipliosis. 0
V All MEDICINES warranted getfiiine.
n. g. McDonald., o’M. and.
Thonmjville, Ga., June 6, lStjO. tt#
■ I ■■■III ■■ ■III ■! I ■■Mill I■ l -mmrm**- mm m■ iiw.j ■■■!■ ft i’ r- ii
sU(ltlleamL XSai ness Maiiul'acior.v.
V LARGE. AND COMPLETE ASSORTMENT OF
Harness and Saddles,
! Bridles. 0 - sci. 4 vV, 0
f # wlli !' s - . 0 o/fQ § 7---
Hitts. 0 ‘ *£a-V./ &
•- , jQ.C- . -
. . l!- -m* t. .■ -y y.; •’
! o .•
BeUing.
&C. dec. Ne. -J? i a ; W
1 K#pt constantly on baud -*: I ?
I and for saleyat the Manu- *
factory of M A# LITTLE.
■ ‘rr- Iltirreess am? Saddle REPAIRING pnmiptly ut
ti#uleil to. o
; 9
“Books! Tiboki*"! ” -
A Cllf-H E LOr OF* BOOKS. IRi t.M fHE BEST
Authors, in sf-n-e ami tin- sale. ft which the attention
of Ladies and Ornrh-m-eii is iu# ited.
PHS3MIUM^
1 awarded to the purclTasers of s. ver.-.l Books in the lot.
. • n. g. McDonald.
ThonjftfvUle, ft;'... Jan? 6, 1860. . ,ts
Btiptist Female College,
® CUTIIBERT, GEORGIA.
Fall Term, l^^OO.
InriHE FALL TERM WILL BEGIN ON MONDAY,
1 o ° Si-ptriabi'i- Till'd, #
And end on Friday, o
.• Dei ember Tivcnty.Srst. .
No effort lms been spared to secure the 1 est teaching
tiftent. iu ;ftl the Departments, of a thorough anj accom
plisheand
For further information, applv to
o K. 1). MARL ARY, President.
Cuthbert. Ga.. August 1. I86(b * _/
[T BYINGTON HOTEL, •
Broad Street, Albany. Georgia. *j
JT. HvIvGTOo. I*ropt i(or.
TllK STAGE OFFICE. •
j f or Stages running to Thomasville. I;itn- gig
j bridge. and Tallahassee kcjt at, 2 IfF^
: this House. jy 10 ts.
’ Take JSTotioe. • #
A LI PERSONS INDEBTED To THE FIRM OF
A 6 RE.MIXGTOX AbDKKIiE
for Furniture, are refflWtri t< > come ferWUu BM |a Mwte i
the same, and _v?u may thereby save cost, as jve o>■ ‘
: liged to have money.
1 oct 3-ts ° REMINGTON A DEh-LL.
THOJUSVILLE, GEORGtV WEDNESDAY* “I)ECEM I>ER 19, 1860..
0 ** O **
. (Tin’ Ou tl> an<entc rpr i$ c
O•-4W ♦ >
t . ItRVAN, EDITOR. •
B •“ o * O
• i-TMMam&M .
••.*—- - * - - •
ivRD.\ENtf t\*. ?ts:tt io-iso*.
• • ** * ° - . *^i
.* # President's Message.- ; •
sr iof Senate, • * .
•.*.• ° • 3 ;
Throughout the vc::r* j*uce cattjAast meeting, the
country has been # .incnily'pi osperous ig all it? ma
te’ interests. Thg general fc.j* been excel
lent, our harvests abundant, anti plenty smiles
throughout the land. Our commerce and manufac
tures li t#- been wj If energy and indus
try,“and have vicldqfl fair ainl ample
•line; no nati-ifi in the tide of time ever present#
| # ed a spectacle of gif -iter material tlaati
we liavtfdone ntil a very recent piqio 1. *
Why i- it, then, that discontent now so extensite
ly prev.-yls, the Union tjf the States, which is thj
source of *ll these Blessings.*!* threffiened %jth des
truction? The long-f-ontinued and intemperate in#
; terrercnce of Northern people with tk# qaiestion
| of slavery in rtle Soutlio'fti States, lias pro
°luA‘d tlic a .iaturat effects. .The different sections #f
the Union are now aft-rayed against each otlu#, and
talie time has ayivCd, so i:iuch®dri. aded by the Father
I of his country, when hostilk geqgrttphicsl psrtifis
i*;ive befa formed. 1 Irtve lon* foreseen and nisei*
forewarned my counflymeii of tlie n#)w impen-lin^
I danger. proceed solely f*om t lie cln ini
;on t lie ft. art of the Tcrritairi.ft legislatures
i to fritm tlie Territories, nor from the
efforts of deferent States to defeat the execution of
the Fugitive Slave law. ,-VI or #ny of these evils
might have beeti endured by the Sijutli without dan
ger to the Union, (as Withers have been,) ifrtftf h*pe
that time and aelicuiioiftmight#apply ftlfe remedft. —
The immediate peril arises not so ftaucli these
•auses as fi#mi tinft the incessant and \*iClient
ttgitatiofl of t lie s[;ver/ throughout the!
, North for the last quarter of a century, lias at length (
produced its malign inliuencc*on tjfto slaves, and in- 1
spired tiiem witlT vague notions of fifePlom. llenei#
a sense of security no longer exftsts aro9nd#t!ic fam- j
ily altar. * * • •
This peace af home lias give* place to
apprehensions of servffo insurrcctßin. .-Many a nia
tri#i tflrouglioiit the Snath retires at night in dread
ft liat may befall herself and her children*before
morjiing. Should dv.s %1* doii!i*tie
danger, wfietfler real or imaginary, extend and inten- j
sify until it shall pervadjj tiie nfttssPs of tIA >*b>ulh.
cm pecqdf, then ‘ifisunion will become inevitable.—
irelf-jjj-eservation is the,first law of qAure, and !i;ys
•iceii impbif’teil liemt of inau by his Creator
tor the wisest piftr]#--e : and no jfblitical Uni<?n, how
ever with blessipgs and benefits in all otheft 1
•Tspccts, c.in loiij? continue? if the necessary
quence be to rei; tb<;“mines .and tl#.- liresid •of
, nearly half the parties to it habitually and hopeless- r
*iy insecure. S< ■ #er qr late* life bcqids “of such a
Union musft be severed. It is n%y conviction that ‘
thi# (qtal period “s not yet arrjvc i * and tny jrayer ,
to God is that*hc would p.reserve Phe*Constitution :
..nd the Viiicfi throughout all gencr .Aions. * • j
But let us take tho* warning iu time, am 4 remove j
the cause of danger. It cannot be denied tlia#, for
five and twenty years, tim Pgiiaiion at ilie or in ag
ainst slavery #ii the Smith has been incessant. In
18.'Id pietoi*al and appeals,
were chcfilalcil extensively tlu jughot the South, of 0
a character to excite tjie passions of the slaves ; and ;
in the language of CM-qc al Tliickson. • “tft stimulate
them to insurrection, and produce-alt the horftovs of
sei file war.” This a rotation lias e* er sinftc bceft*
c ititiuucij by the mibtic pres * by Ahe proceedings of
StatPaml (ftiunty*conventions, and by abolition scire,
lOutis and lectures. The time of has been
occupied in ftiolent speeches qn this neveft-cnuiug*j
subject? and iqipcal# in pamphlet and other forms,
endorsed by distinguished names, have sent |
forth£rom this central point, atftl spread broadcast
over the Union. • “ *
llow easy it would btffor the American people to
settfe the slavery guest ion forever, and ft>
•leace an 4 harmftiiy *.. thitadislractcd country.
* They, andllftey alone can do it. All that *s *ncV
AAtary to acc*unipli-h tliejobject, and all k*‘ which !
the slave Btatcs*havc ever contended, is to be
alone, and permitted to nianagcdßcir domestic insti- ;
tutions yi their oArn way. As sovereign Slates, tfiey
iti.il they alone, are responsible before God and the
world for the slavery existing among them. For !
this, the people oft the North arc not more responsi
ble, and have no more rightinterfere, than with
similar institutions in® Rureia or in Brazil. Upon ‘
tlieir go#d sense and patriotic rforbearaftcej confess
l still greatly rely. Wifliout their aifl, it is*beyond
the powej of any President, no matter what may be
liis own political proclivities, to restore peace and*
liarnftony among the States. Yfisely limited and re- !
strjined as is his powep, under our Constitution and J
laws, he alone can accomplish Ant little, for good or
for evil, on sudta momentous question.
And this brings me to observe tint the election of
any one c os our fellow-citizens to the oSicc of l’rcsi- |
dent does not of itself afford just cause for dissolving
the Unit n. This is more especially true if his elec*
tionjias been effected by a mere plurality, and m?t a
majority ifl’ the people,fttnd has resulted from tran
sient and temporary causes, which ni.i} B probably
°ucver o again occftr. In order to justify a resort to
revolutionary resistatice, the Federal Government
must be guilty of a deliberate, and danger
ous exercise of jmwers not granted li,v flie Constitu
tion. The late election, however, has
been l#.-ld*in strict cunforflilty with its*exprcss pro
visions. lTow, then, can the jjcsult justify a revolu
tion to destroy this very Constitution ? Jteason, jus-o
lice, a vegard l'or tlie Constitution, all require that
wc*shaJl waiftl'iiv sdme overt an i dangerous act, on
the pant of the President elect before resorting to
such a remedy. °
0 It is said, however, t(jaf the nutccedcnts of the
President elect have been sufficient to justify the
fears of Phe South 9fiat he v> ill attcmpit to invade
their constitutional rights. But ate such apprehen
sions of contingent danger iu thf future sufficient to
justify the immediate destruction of the noblest sys- j
“torn of Government ever devised by mortals ? From
the VCy nature of his office, ami it- high responsi
byities, lie must iienA-arily Jie conservative. The
stern duty of administering the vast and complica
ted concerns of this government affords in itself a
guarantee tlftit be will not attempt any violation of
a clear constitutional right. After all, he is no more j
tliafti the iftiief executive officer of the g ivcrnmcnL
His province is not to make, but to execute the
laws; and it is a remarkable fact in our history,
that, notwithstanding the repeated efforts of the an
ti-slavery partv, no single act has ever passed V.n
grass, unless we may posqibly except the Miss
Compromise, impairing, in„ihe slightest sk-gree. the ‘
right.}of the Sduth* to their pri perty in slaves. — >
And it may also be observeif, jmlging from present
indicatiuns,*tliat no probability exists of the passage
of such an act. by a nnjurity of botli Houses, eith
er in the present or the next t .ingress, fturcl.re un
der these circnmstaflecwe ought to be restrained
from present action by the*preccpts ot®llim who
spake as never man spoke, tji.it “sufficient t.nlo the
day is the evil tlier m.” The day of <}vit may nev
er Ciyne. unless wf shajl rashly bring it upon our
selves. 0 0
It is alleged as one cause foroimmediate secession |
that the Southern o Statcs are denied enual piglits with
the other States in the common Territories. Alut by
what authority are these denied ? Not by Congress
which has never passed, andi believe neverAvill pass
any act to exclude slavery from these Territories,
and certainly not bj- the Supreme Court, which has
solemnly decided that slaves arc property, and, like
all other property, their owners have a right°to take
them into the common Territories, anil® hold them J
there under the protcction°of the Constitution.
° e
, - ®
So bar, theft, as Ciftngrcss is ceticerned, the objec
tion isnot to anything they nw already but (ft
j wftnt tlft-y may
j mitteu thacthjs appitßaoaiou of l'uaure daoger is no
; good reason for an immediate dissolution of the
; Union. It is truefthat theCemtonal Legtslaftare of
t S 3*B, *on the of February# lbuti, passed in,
j great baste, an act, over the veto of the Governor.
dechA'ing tluftt slavery “is, and shall be forever pro
j lubiled in thift Terriiory.” aneiij, •however.
• 1 unly pointing •thcAdghts of property secured by
•lie Tlonstitui iii, sui eiy bciicclarej®v,.id by the
ju liciaiw .whenever it shall be presented in a legal
ii fqyta. “ .* * * “ .. “
Only y;ree days after my inauguration the* 8n
• pveme Court of the UniAd Btate® adjuUg- J
ed that tftiis power didftiot in a Territorial Legj
islature.* -Tet such l*is # been the factious temper*ol
the times that ahe correctness of this dc isimi has
impugned*Jtefore the publie# and
tlu- question kgs givi nri *t • fti.yry p.Jitical conflicts
! flironghout the country.* Tho se i%!u# have*ap*pealed ‘
from this judgmentjbf ®nr highest
tribunal ty popular assemblies would, i£ they could.*
invest a Th-rritorial Legislature with poei*to annul
the sacretf rights of property. sh is ]> uwcr.Coftgress |
is expresslyo'orbidden by thiestiruticn tb
exercise. Jivcry State Legislature in the * t’nionjis
forbidden bv •wn ('i'UstiiA;tjon to exercise it. •IT
cannot be ex ftciseS in any Sftite, except by the peo
ple in thßr highest suvereigift capacity, when fingi
■ig or amandin*’- tln-ir State* Constitution. In like*
manner, it eftn only be oxcrcifted by the peopile of a
Tqprftory re; reseated infti Cn!i\*t#ition of Delegates
L for the purpoTc of framftngft* Constitution prep?irato
;*ry to aiftnisjjon as a Jhatfe into the Union. Then,
and not unfit then, are theft- iiy.sft-d \\4th power to
flecide tlia question whether slavery shall
not i#,ist. within limits. is n*> aftt of sov- :
eriogn authority, and not of subordinate Territorial
Uqti;-lation.* Were it otliei*jis*. indeed, writ4d
the eatiality ’4 the States in the i'erriftories be des
troyed, v>d the rights *4 property in shivqjj wotijl
depend, not upon tue guarantees nfwCoiistiuition
nut upon the shiftiqg^najorities of aa^irresponsible
Teri itori;4 L.-yislature. Such a doctlfttie from #its
intrinsic o utAounduess, cargviftt loTig influence any
considerable portion of our peoph-. inueli less can it
j a *ood rcasWi for T dissojutj a of the Union,
‘flu- most p.ilpal’h* a iohitioiis of consiiftiitlTei.d duty
whii-li have vrt been i-omiiiifii-d consist iu the a*-.* Af the
different Ktah*Leirislatim to Aefeut the e.\eeutioi#of tlie
Fuaiti<ft“ Skive hr\#. It iiiftdit tojtie rememlTereil, howev
er, that for these® Acts mitliefc <’oii'p-ess nor any I’resiiletft
can iie !#.|il lvspof.sible. 14 vinjobcen in violating
of the Fi-defld Constitution, tliey are t lu-retoie niilrand
void.# All the courts, State *id national, before wliftiu tigs
question has arisen, have fr ail dee! a Led the
Fuaitivi#SlaveJaw to be contitut*i-.-.%i1. The sAiufle ex
•-ptioii ik that of a S;at'*Court in \\ i, . insin* and lliis has
i not <uily # l)ftai revers T-d pita per appellate tribunal,
but lifts met with su.-li iyiiveis;d l-epnilialftm that tjeie
can lie no ift.ngi# from it as aft The validity* of *
1 this law has been established over and over again by the.
fftipivme Court oft lie United States vyth feifcqt tfmnifti
ity. It i#founded upon an express provision “of the C#n
stitntion, requiring that fugitive slaves who eseapeJVom
t service in iftie Sfc.te lifumfl her shall be “deli vei el up” to,
tlieir liftistei-s. Wit!uml ir is a well known
historical faft*that the Constitutieai ltselfftxiuld neverh#ve
j beep aihqitud 1.-y the Convention. *
• ftn one form or otlieraindcr tht#Ae!s of 1705 *yul I*7 *
| both being subst;’.nti;4iy the sain.-# the -I-'iigidive Sjtve
•liiw.lias been t#u* law ofSflie land from the iluy# of Wash
• ingleij ft;,til in#* ;n. s#nt moment. II erf, then, a dear ease
is presented, in which ifttft'illiic the duly of tlie l’res
, idcilt, as*t li. • 1 •.-> :i my own, to act well vigor dn execu
ting U • lawagaiy^the cdhtiictiqg enactments
of state 1., gislatures. *siio:i!d he fail in iftie performance
ot tllja%*gh duty, he will then have manifested a disre- 1
|-Jard of t liy Co'#r ; itutioa and laws l# the ftoat injury of
flic ; ■ ■ >jie of lie.a'k . ~-ft;alt’ nt •; St:gLc. if the t nion ;
*l>ut ariftwe to presume in ndvftiicc tli it he will thus violet'*
his duty? jTliis wouldjie at war with e\#-:y principle of
justice and of chrjptiatftcharity. us wait tor the overt
act. tlie Fugitive Slav# 1 1 ft has been earned into execu
tion iff every contested ease since the cnnmieftceifient of
the present Administration. Though often, i# is to b#j-e
----gl'etted, wittf gre;4 loss Jind if.i onvciiieuec to the master,
and eqpsiderable expense to the J government. Let uk
trust tjiat the Stale Legislatures will repeal tlieir uucou
, Aiiutitjjud and obnoxious euaetmeiits. Unl#.-s this shall
| Jie done without uiui,#, -ary delay, it is ftnpos. iblc lbr
any hxn.iau pa^ei-to save tae l'*iftn.
TheftSoiitueni Snftes, standing oil the basis of the Coil#
stitution, have a rigdt. to demand ti;is mi of justice from
®t lie Si ales (ft tli>i Nort li. Sifoilld this be refused, yieil the
(j >ns! it h; ion, to -ift-liirh all tlie Statt tan re pari ii g* will ha\d
been wilfully violate!! one ji .Ui-'n of nrovis
i'fi essential to the domestic Security amj lat’ppiness (ft’ the
j-ctnniuder. In that event, the injlifted Slates, after hav
laguss-d ,11 peaceiul and eons'.itutional means to obtain
, redr#ss. would be justified in revolutionary resistance to
the government of tlie Union. •
* I have purposely conlincd my reftiarks to reft-oiiitionary
jj-sistanec, because been claimed wit'nifl the List few
years tlu* any State, whenever this shall be its sovereign ‘
will and pleasure, nft.ty secetlg from the Union, in ui# ord
mice wit li the (Constitution, am? •without any violati#m of
the constitutional rights of other meinliei-s of the I'oufed
craev. That as each became jiarties to the Union
vote of its own J’eople as-cmbled in Conveiftion, so any
one ofothein may reta-e from the Union in a similar n#m (
oner, By 110- vote of ftneli a Uoyvcntion.
h*ordei-to justify secession as a costituftiunal remedft it
must he on the principle that tijy
mere voluntary association of States, to be dissolved at
pleasure by any one of the contracting parties, if this
1 tft- so, the Confederacy is a rope of sand, to be penetrated
and dissolved by the first, adverse waves of public ojrinioii
-in any of the States. In this manner our thirty-three
“States may res-blve themselta s into many pej.ty, ( rring
and hostile Republics, each one retiring from the Union,
without responsibility, whenever any sudden excitement
!ni<(lit impel them to such a course. By this process a#l n
ion might he broken into fragments in a few weeks which
cost our forefathers many years of war, privation and blood
to establish. 0
Such a jirinciple is wholly inconsistent with the liistory
well as the character of the Federal Constitution. Al
ter it was framed with the greatest and liberation and care,
ft was submitted tfti conventions of the people of tin* sev
eral Staten f<p- ratification. Its provisions were discussed
at length intnese bodies, composed ot tin* first men ol the
country. Its opponents eontciylcd Mint it conferred pow
ers uponft.lie Feaeral Government dangerous to tlie rights
of the States, whilst, its advocates lnaiiftained that a fair
const met ion of the instrmaent there was no foundation
for such apprehensions. In that, mighty struggle between I
the first intellects of this or any other country, it never I
occurred to any individual, cither among ft s opponents or i
advocates, to asseij, or even to intimate, that their efforts ;
were all vain labor, because the ouoniciu tha.t any Suite
felt herself aggrieved she might secede from the Union.
What a clashing argument would this have proved
against those who dreaded that the rights of the Spates
would be endangered by the Constitution. The “trill h is,
that it was not until many year- after P • origin of tfie |
deral Government that :;nc!i a proposition was first advan ]
fed. °lt was then met and refuted by the conclusive argil
incuts ot (in. Jackson, wiio, iu liis message of the llilii
January, ISJJ, transmitting the nullifying Ordinance of
South Carolina to Congress, employs the following lan
guage : o'rile right of 1 lie people of a single State to ab
solve thciasclves at will,and witfiout Use consent of
other States', from their most Boletnn obligations., and haz
ard tho liberty and happiness of the millions composing
this l nion. he acknowledged. Such authority is
believed to be utterly repn|sqi2nt both to the princdjdes I
upon which the General Govenment i*e instituted, and to
t iie objects which it was expressly formed to attain.”
Itiinot priftendecfiftiat anv*e!aase ft; the Constitution
gives countenance to such a theor;.*. li is r foun
ded upon iqfcrence. not from any language contained in
tin in.-a rumen; itself, but from t In- sovereign ( jaraeterof
the sev< ral States by which i; was ratified. But it isbe
yoiid the power of a Sian-, liki #n individual, to yield a
portion#! itssoverciflnrights to*seeure the %ther? In
the l#ngaage of Mr. Mad .-o i.Avho has b.-cn called the
of fbe Constitution: --Ji watt formed by the States
—that is. by the people in Qtfcliofthe (States, actinginft fleir
highest sovereign iSipacity; and flffrnied, consequently, hv i
the wme anthopty widen formed the Kate Constitutions.”
••Nor is the (fttivernjneii: ot the United Man ... irateii by
tße Constitution,less aGovernmgnt in the strict sejpeeofn
the term, witjiin the sphere of its powers, than the gov
emmentscreated by the Cons! ifutions of the State* are,
witjin tlieir several sphere. *lt is, like them, organised ;
ftnto legislative, executiveaod judiciary dewartwients. It
oiH-rates, like Piiem. directly on pers*iis anu tliinas; and,
like Jhan, it has at command a physical force for executing
ti e powers coiirniifte l t > it.” 0 0
It was intended to !re peiqietual, and not to be annulled
at the pleasure of any <flie of the contracting parties.—
The old articles oi°confederation were entitled ‘‘Articles
of Confederation, and Perpetual Union between the
States;” and by the 13th article it is expressly declared
that “articles of this Confederation shall be inviqjaldy
observed bv every State, and tlie Union shall be pegpctu- i
al.” The preamble to the Constitution of tlie United
States having express reference to the article of Confede- j
rsAionfrecites that it was established “in order to form a
more perfect union.” And yet it is eon tended that this
“more perfect Pinion” does not include the essential attri
bute of jierpetuity. 0 ° 0 o
o
But that the l nion jnt designed to be p< rpetual
I contftnsively froifi the nuluie aad effect ui the powers
onferred ‘n_\ the (tonstitutipn on the Federal Government.
‘Kbese powers embrace tlie very higtiest attributes of nu
ftional sovereignty. Tliev place'noth the sword and the
j purse under e ‘iiV’l. (ffngress has power to make war
• and to make pear<- ; to nils# and support artuiesilnd navies,
l and to conclude treaties with foreign governments. 4t is # -
invested with the power to com money, to regulate
j the unlue thel'eot, ainl to reguliite cominerec wi foreign
; nations, and nmoiigft In-several States. It isnot neecssa- !
ry to cminu-rute t lie <>i her high powers#vhich been
; confftrrod U] on the Federaj Government. In oider to
carry.il n- into effect, Congress posseap* ‘
cs Ino excftisftvc right to lay and collect dtttics on importsft j
I and in*-ommen win-, the States to lay and collect ; .f! teller
taxuK. o
But the#( , nsiituti..>u has 1:04. *.#■•• ‘.*-rvd tfit>.. high*
; powi r%uj)(-ii Congressftbut it l#is iftdopted • tfeetual means
to restrain the Sti Scs fi-om interfering with tlieirtftxercise. ,
Fr that purpose it has, in sflong prohibitory language j
c.xpn “ly dcclifl- and that shall enter in'to ti-ea (
* fy, allifi confedesation; grant let! rs ot#mSrque and |
: lepn- il: coin fta.nicy ; emit Ac lis of er< dit: make gold a; ul
silver coin a tender in payment of debts; pass tinv bill of
attainder, ex past fucta^wx, < ;-#Av iuqmiring the 0 ligu
ftfton ot ( lit,.; # Moreover, --wilhout thoi. iiseut of
Ct#igTgSß,ftio Sta e slum lay any imposts or dmics on#my
imports or i-.xft” rts, except win it may he ahsolutclv
sitry for executing its inspection laws;” and, if thev cx
,ejj-d tliisft'.lno;;!*. the excess slmU belong to the United
States. And “no State si.all.tavif hou! the eon# nt of Con
gress, lay any d#iy of tonna*e; keep troops or shipj of
war in tame of j cnee; enter intftinny ugrei 1111 nt*or com- |
pf.et ft-iili utiotliei- State, or witliafoiv:gii powift-; or cu#
gage Tu war. unless actually♦.lvadeir, or in such imminent
danger ns will not admit ojj delay.” 0 #
luortlcr still further to secure the luflnterrupted exer
cise of these hig'Ppowe; .> .lenin# interposition, it is pro
vided'-jnafttliis Constilutta ; and the laws -ta the United
Slates which slnatlftic made in 1 ■■iirsiiafice thereof, and all
treatiesftliade, or which shall he made, under the authoi-it v
of the United States, shall be the tunreme
land; and the fudges of every S;a!e shall he there
by. in tbj Constitution or laws of any State to
the contrary jiot withstanding.”*
“ # 1> ; ; solemn sanction of religion li# been snpcraddcd to
the obligiftions of official duty, and all Senators and Rep j
resellfatift-e: *of the l uieift Sl:;i# . all meiulicrs of Stale
Legishitu#ea,fttnd aU und judicial offici rs, “both
ft>f ihe Uni!#d States and of the several Slates, shall be j
bound by oath or affirmation to support-j: is CoiJktitu
lion.” ‘ .#
111 orjer to cariA into eii'ct sic.-c powers, tho Constitu ]
tion liaftcstahlislied a perfect Governmciii ii;ill its forms
Legislative, E-vecinive afld judicial; ay-! this (Jov#n
ment.totl# ext at of i j)o\ft< rs, acts din #llv upon the
imkvidiial ci!i/e;.s of every Statift and executed its cwi;,
deiyves byftlie m.tancv of its own officers. In this respect ,
it ditiers ( litirely from the (tta\ ei iimftnt under tl. old* ‘on
federation, whifth was coufined to inakiinr reqffitfttions 011 |
the Siufcft in thcirsoftk-rcign eliaraetfr. This left; within
the discretion of ;i*obey or l-efusf, and
tl*#\ eften declined to eomplv wilii shell laypiisitions. It
tints heeanie ftaft-e.---ary, for ino purp.ft >• of ftemoving this
harrier, and “iu order 10 foian a mol- • -feet Union,” to
establish a <iovei nuicutftwhieli could -:*i#-ectly Upon Un
people, ar.d execute iis ownlaws without Jie yi# rincdi
ateagi i#y of the States. Thij iius been accomplished hy
theft ‘(institution of the Unit est .fttotes. ‘ 1
ftn shoA , the Government. erecteftl by the poiistitution#
anddeiftving its authority l'ltaui the sovereign pc#ple of
each of the se acral Klflt cs, liasq>re*-isely the same right to
etft* else its poft.cr over theypct’nle (fall thqfc (Stales, in®
the oiuftneruted cases, that ea*i (yn* of them possesses
over subjects 11 ft dclijgat-ed to tin- l nited States, lyut “le- ,l
served to the Slates, reftncctively, or to the people.”
1 To *h# extent £>f the delegafliijpoweiu the Constitution
of*tlie I’nftcdSfiitos S as much a part <•. ihft :;>i#
of each t-state, ftid is*, binding qjion As ; eople, as thou,tali
it hadju-citatcxtuall*- inserted therf in. * #
4'his Govcrnpientftherefore, taagVat and powerful Go
•-ernme-nt, in\ .-ted yvfth all the utteftnites of sort l-eignty
over tlie*.*p#eial subjects to wide!; iis authority e.xteft. -#
Its friMuei-s ne\ft-r“intended in iis bosom the
#cedsof itsowu destruction,nor were theft at its civutiftu
guilty of the aiisurdity of ])rMdiug for its (ft,vn dysolu
ition. It was n#t inteudtadby iis fraiueita to be thtabaseless
ftibiftc (ft’ a vision which, at the toi#;!i ofthe <ft.chanter,
would vanish into thin air, but asnbstan.ial and mig Ov
IVibrift eapifbte of resisting ibe slow b-eay (yf time and of
dofyiiig the storms of a*es. *lnd-.-eiP, wt ll nurrethe jeal
ous pfittyuts 04 that day have indulged fiftirs that ftt gov
ernment of such high powers might viol.it# tiie lvsqjvced ;
ygiits of the Slates, und wisely did they ado])t the rule of j
a sU-ict ecn;<i#ctioii #f these powers To prevent tlfi- dan
ger: But they did not leftr, n#r had they#aii_y*reasi#i to
imagine,that the Constitution would he sointt-nu etedas to
enable any State, by her own and ftcithout iin* consent
of her sister Unites, to discharge her people froiy-all or
any of tlu-ir Fcdcrgl obligations. - *
i; aiay be asked, Lj;cn, are the peopdi *.f tlie (States
out l-edressagain.-y tne tyi#nuy an. j qiprcssioft if the Fed
■; al GovcniinentT By no nicftn* TTi# rftii'ft of resist
ance on the part of the governed ag.iifis! the oppression of
tlieir gota'i-nments eiymot be denied. It exists iTnle)# int
ently of si H Constitutions, ftnd inis lx# a at all
periods of the wofld’s history. Under it old giß'c-i-uiueiits#
have Ift-en destroy eiL and new ones have taken “heir
place. lt®“s enibidlied in strong ami express language in
our own Declaration of But the distine- ( ,
tion lyust ever be observed, that fti.ls is re volutin# against
;>u establisliedft !o\ft rnnie*t,aiul nnt#t voluntary secessiqii
from it by virtue of an inherent Constitutional right, lif
► sliorf, let us look the danger fairly iu till lace; Secession is
•neither rr.Are'aor-less tiiaii revolution. It inTiy or may
not he a jiistilialtleft-evolution, hut still it ys revolution.
B’hat, in the meantime, is the responsibility aitl true p<#
sition of tl#> Executive? lift- isftiouud hv the solemn oath
before (>od and the oftintry, “to take < al e that the htavs be
lniftifulfty executed,’•andfiftm this #)bligatioi# he*eyiinot
‘heabsolved hv any liunmrepower.. But what if the per
formance oft tiiis duty, in whole or part, has been render- <
cdmiipi aetieabie by events over which lie could have ex
ercised no control 1 .Sixff, at the present moment, is the
case througlfimt tb* State of South Carolina, bo far as the
laws of the United States to secure tin# administration of
justice by means of the Federal Judiciary are concerned.
All tbc Federal oflic* rs,*viihin iis limits, tbrougft wlxftee
agency alone these laws can be carried into execution,
have already Ift-signed. B’e no longer have a district
Judge, a district Attorney, ora MaPshal iu .South Carolina. !
111 fact, the whole machinery ofthe Fi alera! (lOvernineiiL
necessary for the ftis! ribiitifAi of remedial justice among |
the people, lias been demolished, and it would he difficult, j
ft not impossible, to replace it. o
The qply acts of Cbyigress on the statute book, hearing
upo# this Subject, are tiiore # of the -f-th February, lV't'o,
and fid .Maieii, 18 !7. These authorize the l'resident, after
lie} shall have ascertained that the manual with hi posxi:
emit tt ui u s is unable to exeiftitt civil or criminal proct -s
in any purificular case, to call forth the militiaTmd employ
I lie nave and army to aid him in ]ft.-rtorming this service,
Inn ing first hv l’roclnftuation coninianded the insurgents
“to disjici #e and, retire ptfticeaMy to tlieir
abodes, within a limited time.” This duty cannot hv pos- i
I sibility be performed iu a .State where no judicial authority
exists to issue process, and where there i?no mar#lial to
execute it and where, cv>#i if tiu-re were such an oltieer,
theftmtire population would constitute omft solid combina
tion to resist him.
The Imre enumeration of these provisions proves how
inadequate they are without further legislation to over
•Tm.e a uiiitej opposition in a single State, not to spmik 41 f
; other .States v. bo may place themselvi s in a o-iinilar#itti
; Hide. Congress alone lias power to decide lather tlie
j*. ■( s.-at 1 Iws can or cannot# e amended sous to carryout
I more efti-ctually the objects of the Consliyition.
T I#rft-;a me iusuperuble obstacles do not lie in Ae wav of
’ exe.-uting tlnolaws for the collection of the ousfbms. i lie
revenue still continues toobe eolft eted. as iieretofore, at
the custom house in Charleston : and should the collector
unfortunately resign, a successor may be appointed to per
form this dutj. ®
Then in regard to the property#,Allie United Stale.-ftin
Smith Carolina. This Inis been purchased for a fair equi
valent, “by the conseTu Legislature of the State,”
“for the erection of forts, arsenals,” Ate., and
over thi ee the ant hority “to exercise exclusive legislation”
baa been expressly granted by the Constitution to Con
gnus. It is not believed that any attempt wilftbe made to
expel the United States from this property by force“ but
if rn this 1 should pro\e to be mistalten, the officer in com- I
maud of tbft forts lias received orders to act strictly on the
defqpsive. In -such a contingency, the responsibility for !
eonscqia nee.- woiibl right fnllyS est ujsui tlie heads of the |
assailants. #
•Aparfifrom the execution of the laws, so far as this may
toe 1 racticable*-the Executive has no authority to decide ,
what shulWie jhe r*mit ioti lfetwften the Federal (Jov.-rn
ment and South Ci'jolina. He hgf been invested with 110
such discretion. J*- |ne sees up ] owi rto change tin? re
lations lift-’-i tab .re exist ing hot ween them, nun 1l less to ac®
knowledge tb.- independence of that State. This would
be to invest * mere Executive officer with the power*of
•ecognizing tiie diss*lntion of the Confederacy among our
thirty-ftn-ee sovereign State#;. It hears“no resemblance to
the recognition of a foreigngfe facto government, involv
ing no such resiionsibility. to do tbhPwoold,
on liis part, be anake<ftactof u.-’iu-patioa. It is, therefore, ;
niy duty to submit to Congress the whole question in all
its bearings, jl'he course of events is so rapidly hastening
forward, that the emergency may soon arise, wlTen you
may he called upon to decide the montentowAquootion ;
whether yfli possess the power, bv force of arms, to com- i
pel a State to remain in tlie Union. “I should feel myself
recreant to rny duty. Were I ret to express aa opinion on
this impeypan't subject. , *
■The quest'ftm fairly stsited is;- Has the Constitution dele
gated to Congress the power to coerce a state int o submis
sion is attempting to withdraw or has actually With- .
drawn .Vom the Confederacy ! If answered in the affix* j
mative, it must be on the principle that the power lias
\ TEB.IIS, TtVO DO 1.1. ARM,
‘( Iu Advance. 0 S
been iti (1 upoif (*>]iL'i< s#to declare and to uuftie war
against a Stale. After much serious reflection, 1 have ur
rived at thef'onchisi noTuifh power has lieeit dele-*
j gtaed to Congress, or to any other tle]iartiiieiit of*lhe Fed
; eral (Jovt rniiieut. It is manifest, upon ifu inspection of*
the Constitution.dh.it *his is not among tlie speciticnnd
enumerate.! powers granted to Congress: find it is equally ,
apparent that tl is exercise is not “necessary and ptgtpcr
j tflr carrying into execution” any one of these powers. So
Tar ftTuti this | uvfr having lieeit delegated to CongrAs, it
was — l^refused by the Contention whfch fratufld
jtlie*CoiistitUt toll. *
It appears front th<® proceeinnga of that body, that on
thedlsi May, l?*?, the clause “authorising an exertion of
, the fore exit’ the whole against ad. limpient Static” eaine
up for consideration Mr? Madison opposed it in a brief
fbtrtjtovttrful spe.o h, Oom which 1 shall extract burn sin-.
l eh sentence. Ho observed: “The uae of forceagainata
State would look flhuv like it declaration of wttr lliitit an
of punish incut, would probabl yflie consider
fd by xlie {inty atti eked a> a dissolution of all previous
> eonipa Os hy which it might he hound.” I ‘pen ibis motion*
the clap-c Wttß unanimously pos||'nofrl , and Wiis never,
I believe, again presented. Soon iiflerwitnls, on the Sth
of .Mine, li sf, wnen incidentally adverting to die subject,
hesilid: “Aliy < ioverninent for the I’uited States, formed
j on the supposed^racth'ability of using force against the
! nneonstittitional proceedings of the States, would prove
1 its visimferv iiml ;is the government of Congress,”
Kwidcntly meaning tfce tlion existing lfl<agress of tlie old
j Confederation. *
Without defending to particulars, it may be safclyois-
rted 0 i hat the power to make Will’ lignins! it Syite is at
vafriucc with C.Twhole spirit and intent of the CiAisti
tution. Suppose stuji ;t Witr should result in the conquest
of a State, flow ;,rc*wc to “overn it uftcrwarils / Shall
wcfliold it as it province. itftl jjovcrtni Ly dcs[iotic power/
dn life nature of thin:., we could not, by physical force,
control tlie will of the ]T r.ml eompel them to elect
Senators and Ivcpresciitntm sto Congrcssfund to®perform
;ill the otln*dutn s depending on tln ir own volition, itnd
I required from the free citizens of a free State as constitu
ent members of the Confederacy. „ *
Hut, if we possessed this power, would it b%\vise to
exercise it under existing •licmnstauees / The object
wotdd doubtless lie to preserve the I'nion. War would
not only present the most flfectiial wiiy <>f fl. trovynr it,
but would banish ;.ll Tope of its peaceaidcTeinmstruction.
He.-aics. iy the fraternal coniiivt. a vast amount aif blood
and treiisure would be expended, i*nderiifli futyre recoil*
filiation between the Slates impossible. In tlie nieantimo
wfliocau foretell wlmt would lie tile sufl'eringsand prTva
tion.Tof the pm pie (liu'iog its existence ? • *
The tact is t hat our I'nion res’ s upon yulTlic opinion afld
can never Tie cemented hy the blood of its citizens shed
in civil war. If it cannot live in the affections of the poo
piit must on# day polish. AongrA's possesses many
Oilcans ofspn serving it by conciliation, Btul the sword was
not placed in their handy to preserve it bv (byre. •
lint may l be pei iniued soh nailv Bo invoke mv iTmntry*
men to pause and deliberate before they dcteniAno to de
stroy this, tlie grandest tempi* which ever been dedi-
V ;.-d i l :fn-i .!■ :, *i! .* 1 i:c world Ifl'gall ! It ltls
been consecmtfld bv #,c blood of our fathers,the glo
ries of the past ami by the hopes of the future. The I'n
ion lias already made inutile most prosperous, and, ($u
lß.ig \\A! if presetted, lender us the most powerful Ba
ffoti on the fa A: of the cart!® In every foreign region of
the globcTlio title of American cMzi us is held iy the high-„
,est respect, aOd when pronouncedTn a for*rignland it cau
ses hearts yif our country men to swell with honest
pride! Surely, wheif’wc reach the brink of the yawning
abyss, we shall recoil avith horror from the last fataU
* plunge. Hy sia h adrcnd catastrophe £hc of Hub
friends of freedom throughout the vvifrld would he de
i stroved, and a Tong night of louden despotism would en- ®
shlßutd nations. (Jin®examine for nine- than eighty
years would not oAly ne lost.Jmt -
conclusive prof*!’ that titan iyimtit®for self yoverniaeiit.
it not very wrMig-g-nay, is it not vehy grievout wrong
-j-which justify a resort > i-Ttcli a feartijj, alternative/
i ids ought to he the lastTlespenitc reuft-dy of a hespitir
ing peogje, after every other constitutional means of con
eibntTon lias been exhausted. \\% should reflect that an*
del’ this free govft is an incessant tdib tutd
flow in ]#ihiie opiifion. Th# sfavery (jjiest ion, like everv
Thing human, frill have its day. 1 iirinlv bclihvc that it? 5
lias already reached its ctilmifratiiig point. Hut if, in the
midst of ttie existing < #ci:cment, the Cnioli shall perish,
the evil maw then heconie C< (Tgress eailjcon#
tribute liun-n toaveit It, by proposing and tcioiiTiiendilij?
to the legislatures of the several States tlie reim-Jy for
iy\ ist/Tg evils, which the Coustiiutißii itself provided
i>ritsown lireservjition. @
This hat* been triad at*dilli rent critical jierjpds of our
always witheminent sgcccss. It is'To he
found in flie stii article provided for its owi) amendmefr.
Tuder thir*article ana initl.ent* have been nroposefl liv
two thirds of both Houses of Congress, ano lafr e been
“rat #iie legislatuies of of the S( ve-(
ral States,” and have jgonseifUcntly become prats of the
Const it til ion. To tit is process (Tie count rT i* iiftleMed for
tly clause prohihitTng Congress from passing any law re
speeting an estaldislinuTit <>fd •eligion, or ahfldging tli?
freedom of i*JieecT or of the press, iu’ of the right of pe
lf ion. To this weyire, the
which secur- • the people against Tiny ylatse of power liy
•lie Hkli-ral t io\ # ernniciiP tin? apjiri hctisions t
justly enter!:?ncd*by the friends of State Hights at that.*
period*, s to have rendered >• extremely doubtful whether
tin; Cißis'.ilution could have long t-mvived without these
‘ameiuk cuts. *
Again, the Const itntiun was amended by the same pro
cess after tl?c (flection of I’rcsideut deflerson hy
of Kepres(.ntativesfin Fehrutiry 1 SOU. This amendment
fras rendered •necessary to prevent if roeurrl'ljee of the
dangers which had seriously tliiafrtcned the existence of
the Ooveniinent during the tiendency of tint election.—
The article for its own w its intciflled to secure “
the a.ideal.le adjust nient <>f conflicting constitutional <j#cs
tions like the present which might arise between the gov
ernments of tlie States, and that of the United States. —
This appears IrointTonteniporaiieous history, in this coi
nection, I shall merely cull attention to a few sentences
in Mr. Madison's justly crlchifltcd report, in 171*1*, to the
Legislature of \ irginia. In this lie ably and conclusively
the l'csoftitioii# of the jifeceiiing Legislafitre
against tiie of several Statc^iPgislatures.
These were mainly founded upon rfle protest of the
X irginia Legislature against the “Alien and Sedition
Acts.’flis “palpahle*.nd alarming infractionsyt!’ the consti-*
tution.” In painting out the peaceful and constitutional re
medies, and he referred to none other, to \qjiich thcOhates
were iiuthori/.cd to resort, on such occasions, Iqj concludes
hy saying, “that the legislatures of tlu; States might have
made indirect representation to Congress with a view tT>
obtaining a rescinding of the twy oliensiTe acts, or they
might have re|ireseiiti''i to tlieir respective=Senators in
Congress ill ir \\ ?lt that own-thirds thereof would pro
pose till ex]ilanatory aniendtneiit to the Constitution, or
two thiWs of till nisclves, if sifl-li laid been their option,
luigdd, hy tin tipplication to Congress, have (fl)tained a
( onvegiton for tfle same o!ject.”
This is the very course which I earnestly recommend
in order to obtain an “explanatory amendment” of the ,
Constitution on the subject of slavery. This might nrigj
nate wity Cotfgt css or the State Legislatures,as may bo
doenicd most au\ istible to tittaia the object. 1
The explanatory amendment might be cofllfinad to the
final settlement of the true construetion of the Constitu
tion on three special points :
1. An express recognition of the right of property ia
slaves in the Slates where it now exists or may hereafter
j exist.
2. Tlu* duty of ri Uncommon Tit 1
ritories throughout their territorial existence, and until
tliev sha > admitted ax States into the Union, with or
without slavery, its their Const it ut ion uiav prescribe.
•t. A like the right of*thc master to have
his slave, who has escaped trombone State to another, re
stored and “delivered up” fe> him, and of the validity of
the fugitive slave law enacted for this purpose, together
with it declaration that all State laws impairing or defeat
| ing this right art; violations of the Constitution, and are
consequently null and void. *
It may he objected that this construction of the Consti
tution has already been settled by the Supreme Court of
the I'Sited States, and what more oughtsto he required !
; The answer is, that a very large portion of # the tteople of
United States, still contest tin* CTre tnws -ft’ tins de*
vision, and never will eeasc* from agitation and admit its
bindiftg force until dearly established bv the people Rf the
several States in their sovereign diameter. Such an ex
planatory amendment would, it is believed, forever
uate the existing dissensions and restore peace and harmo
ny among tl* States. 0
It ought not to he doubted that such an appeal to tlieTir
bitntment estghlished by the Constitution itself would he
received w*ltii favor by all the States Ot the Confederacy. #
any evu it ought to he t; i<•; lin of conriliatioTi ‘
lietpre any ot these States separate fiiemsel v es from rite
Uj on. • • #
When I entered upon the duties of the Presidential of*
fice"tiie aspect neither of our foreign nor domestic affairg
was at all satisfactory. We were involved in dangerous
confbiicatioi s with several nations, and two of our Terri
tories were in a state of revolution against the Govern
ment. A restoration of the African slave trade had liu
im rans and powerfuPadvocates. Unlawful military ex
ile-lit ions were countenanced by many of our citizens, and °
were suffered, in defiance of the efforts iff the Gov ern
ment, to escape from onr shores for the purpose of making
war upon the unoffending people of neighboring llepub
liea with whom we are at peace. •
In addition to*these and other difficulties, we experi
enced a revUlsioa of monetary affairs, soon after inv ad
vent to powf-r, to unexampled severity and of ruinous
consequences to all the great interests of the country.—
When we take a retrospect of what was then our condi
tion and contrast this with its material prosperity at the
late Presidential electiofi, we have abundant reason to re
turn our grateful thanks to that merciful Providence which
has never forsaken us ns a nation in all our past trials.
NO. 37-