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RISK.
(From the Athens Banner.)
The Nature of our Government.
Among the official proceedings of the disunion
Convention lately assembled at Milledgeville, we
find the following:
Be it therefore Resolved , That in the present
eventful crisis,it is vitally important for the salva
tion of the South and the maintainace of the
rights of the States, that the Republican doctrines
of '9B and '99 as embodied in the Virginia and
Kentucky resolutions be maintained with un
flinching firmness, and that among them we re
cognize the following:
2. Resolved That the Sates as separate and
equal sovereignties formed the Constitution.
3. Resolved , That each State by its own con
vention deliberated upon and determined for itself
the question of the ratification or rejection of that
Constitution, and that it came into the Union by
its own sovereign and voluntary act; and that
therefore this is a Union of consent and not of
force.
4. Resolved , That each State, in view r of the
voluntary nature of the Union, has the right, in
virtue of its independence and sovereignty, of se
ceding from the Union whenever the people there
of, in their sovereign capacity, shall determine
such a step to be necessary to effect their safety
or happiness and of the consequence, that the
General Government has no authority to attempt
by military iorce or otherwise, to restrain a State
in the exeicise ol such soa e reign right.
Now we utterly deny that the third and fourth
resolutions in the above series, are either embrac
ed in the Virginia and Kentucky resolutions of
7 98 and ; 99, or fairly deducibie from them. It is
well known that these same resolutions were re
lied upon in 1832-3 to justify Nullification and
■s xifieceesion in South Carolina. But it was simply
/ &heir intention to assert the right of the respec-
CLOlve State to resist “deliberate, palpable; and dan
ir to rous infractions of the Constitution s '' —that the
6»sto the compact, the complaining State as
co- State*, had a right to judge for them*
■gatin'of the infraction as well as the mode and
JjroEfesure of redress. The exercise of this right by a
R/single States, must ultimately be at the point of
f sword, and is essentially revolutionary. The
radical error of the seceders of that day was that,
whilstthey claimed for the State of South Caroli -
to judge of infractions of the Consti
***Stion, they denied a similar right to the other par
?to the compact to judge for themselves. But the
eders of the present day, as their fourth reso
ion shoves, have gone a stept further. They
snot deign to place the right of secession upon
g actual infractions of the Constitution, or a
lagrant abuse of delegated power, but upon the
single ground of the “independence and sover
eignty* 7 of the respective States. That is to say—
wright or wrong in the eyes of the other States
and of the whole world w hether the Constitution
be violated or not—whether the delegated powers
have been perverted to her oppression or not—a
State has a right at her own discretim to depart
from the Union, and that the general government,
as the agent of the other States, has no authority
either by military force or otherwise to restrain
7 her. It is in vain that the general government
may pursue the letter and the spirit of the powers
solemnly delegated to it by the seceding State—
it is in vain thosepporersw r ers are not even abused or
perverted to her injury—her mere “sovereignty -7
authorises her to depart from the Union, and the
■ other States must bow to her decision ! We fear
lessly appeal to the good sense of the country to
know whether such a system would be w r orthy
»the name of a government ? Government necessa
rily means restraint upon those who violate the
ifecs—the constitutional acts, in limited forms, of
authority. It is formed by consent ,
jgXlpd T Trr lws must be executed by force , or often
Jpl# 'Suted at all. A government without force
SE~yx«i£.ute its laws! Away with the absurd con
mf®Ljption!
«• *feut if “sovereignty 77 alone may release a sin-
State f rom h er observance of the compact of
''ave n can f a^e h er out of the operation of
powers she has solemnly delegated to the
} federal government—if it be, like that formerly
ans claimed by kings, “the right divine to govern
3 y Wrong 77 -—we would like to know if her co-States
:iiar 4ay not, by virtue of the same “ sovereignty , 77
vi through the compact and whip her into
l submission to unconstitutional law r s? “Sovereign
tf must release all the parties from the obliga
tion of the compact, or none.
A brief outline of the true theory of our sys
tem will close what we have to say upon this
subject, for the present.
The federal Constitution was, we admit, form
ed by the States in their separate, sovereign ca
pacities. Each State entered the Union by its
own consent, and without that consent could not
un have been made a member of it. But it does not
entfollow' that because it came in by consent, it can
Che go out at discretion. This may be the case with
o , i individuals, but they cannot withdraw their lands
0 from the jurisdiction of the State in which they
a have placed them by such consent. The inhabi
ar j ( ants of Clarke county entered the government
Georgia by consent —it is the only foundation
er >f their obligation to obey the laws. Can they
withdraw the county from the State jurisdiction?
: The reply on the opposite side, is that the
ounty has no “sovereignty 77 —did not come in as
Toe” Consent then is not the sole foun
ation of ths right to withdraw. There must be
else. The party withdrawing must,
>rk -’t the time of acceding to the the compact, be a
>ck sovereign State. If sovereign, then, sovereign
afterwards is the argument. But in the name of
j common sense, what gives the people of a
State any more right to withdraw it from the ju
► risdiction of the government to which they have
consented, than the people of a county to with
draw it from the jurisdiction of the State to which
it belongs ? There can be no difference in prin
ciple between, the two cases. In both cases obe
dience is due to the government of their choice,
whilst acting in pursuance of its delegated powers
—but in neither case is it due to acts of usurpa
tion. The right of resistance or revolution for
intolerable oppression belongs to the one as well
as to the other. The only difference is that the
States have the advantage of organized resistance
—legislative, judiciary, and executive powers to
resist the encroachments of the general govern
ment.
But let us speak a litle more to this idea of
“sovereignty,’ 7 It not follow that because
the act of ratification was a sovereign act of the
several States, that they still retain the powers of
sovere gn :y hey possessed beiore the ratification.
Ifinte igiD -3 snouid be brought by the next
steamer that the German States, now sovereign
v. * had formed a Constitution lor
(rtneir government, and that each had ratified it in
it* capacity, could any man
*
tell whether the States still retained their entire
sovereignty and independence—or whether they
retained only a part of them—or w T hether they
had totally consolidated themselves into one na
tion? We think it would puzzle the wildest mo
nimaniac among us, who raves about the “sover
eignty 77 of the States, to tell us, before we receiv
ed the Constitution, and looked at its structure?
We must inquire into the actual structure of the
government , not as to who formed it, or in what
capacity, in order to ascertain whether the States
still retain any portion of their original sover
eignty—and, if any, what portion. When we
look at the federal Constitution, it is palpable
that the respective States have parted with a very
large portion of their original sovereignty. The
people have taken a certain portion of their sov
reign power from the governments of the States
in which they live, and bestowed it upon the fed
eral government. This government is as much
their government as the State government, and
the Constitution divides the power of the people
between the two. Each is sovereign within its
Constitutional shpere, and no further. They are
both armed with legislative, judiciary and execu
tive powers—with civil and military organs—to
take care of their respective portions. Action
and counter-action is the great principale of the
system. If you disarm or tie the hands of either,
the other will usurp its portion. In case of col
lission between them the people of each State
must judge which has the Constitution on its
side, and give to that side the preponderance.
Let those who think that the Constitution has
been violated, and the Southern States “degrad
ed v by the late compromise measures, sustain
South Carolina in her apparent determination to
sever her connexion with the Union. If she has
been so deeply wronged, she has, in point of
eternal and abstract justice, a right to withdraw
from the Union. If she has not, she has no such
right. Let those who believe that she has not
been wronged by the federal government—that it
has pursued the track marked out by the Consti
tution—and adopted the best compromise pos
sible to reconcile the conflicting interests of con
federated States, adhere to that government with
unflinching firmeess, and sustain by it all the
means necessary to maintain its power and exe
cute its laws within the limits of every State.
As long as it is worth preserving, it must and
will be sustained. If the issues shall be pressed
by a complaining State, and its very existence be
put in question, it must end either in a total ab
dication of all authority by the government, or in
revolution and blood. Mild and pacific measures
should be first employed to give room for the
voice of reason and patriotism to be heard, but if
the complainants should still persist in defying
its authority, the contest must be decided by an
appeal to force—the last resort among men and
nations. In a subsequent number we shall de
monstrate the power of the federal government
to execute its laws by the whole military and
naval force of the Union, and refer tp the various
clauses of the Constitution and acts of Congress
in relation to that subject.
Purther Extracts Per America.
A very large number of wealthy inhabitants
of Cassel have determined on emigrating. This
resolution seems to have startled the Elector,
who has ordered the chief magistrate to report
: immediately on the subject,
i The American Department of the Exhib
j ition. —The following letter, bearing the signa
| ture “L. E., 77 appears in the London Times of
: Wednesday:
“ Your occasional notices of the American de
; partment of the Industrial Exhibition induce me
to ask you, as a matter of justice to us, to place
before your readers a few brief facts as regards
i the United States 7 division of the Crystal Palace.
“ And before I do so, permit me to say that ali
! my countrymen to whom I have spoken agree
! in the manner in which you have met certain
j remarks of one of our journals—remarks that are
below the character of the Exhibition—which
has elicited, in the conception of the idea, in the
construction of the building, and in the success
which it has so deservedly met with, our warm
est admiration and sympathy.
“The fact is, that in no one branch is the
United States fairly or adequately represented;
and in this I shall be fully borne out by all Eng
lishmen who have visited America.
“The North, or New England States, is not
represented, either as to the extent, the progress,
!or the variety of its manufactures. The middle
States, that have long been famous for the inven
tion and construction of some of the finest ma
chinery in the world, —in which branch they are
second to none—have here but three or four ma
chines, which, excellent as they are, give but the
i faintest idea of the gigantic progress of the
country in this particular. The Southern States,
which are principally agricultural, are most cer
tainly not represented. As an illustration of the
most kinds of cotton cultivated, we find here
but samples of seven, while the different varie
ties of sugar in the State of Louisiana are repre
sented by one specimen from a single plantation.
“ Now, to the causes. First, the want of suffi
< ient information through the length and breadth
of the States in reference to the character and ex
tent of the Exhibition. This at preseut lies at
the door of the central committee at Washing
ton. Secondly, Congress has unfortunately ap
propriated no fund, as in other countries, to assist
exhibitors. And this has operated to strengthen
the third cause—the remoteness of the scene of
action, an obstacle increased by the great extent
of the country, which rendered the internal
transmission of our contributions expensive and
; inconvenient, and even, in some instances, im
| practicable—and which, added to the distance
itself, made this a very onerous part of our task,
and formed a very considerable portion of our
outlay. The time for preparation, too, was short,
considering the nature of the enterprise and the
distance of the country.
“ The enumeration of these causes, offered in
a spirit of candor and under a firm conviction of
their literal truth, will, it is believed, mainly ac
count for the incompleteness of the American
department of the Exhibition. 77
I Liverpool Cotton Market.
Report for the week ending May 30.—Our Cot
ton market has maintained its position during
| the week, arising more from the present low
scale of prices than from any thing of a novel
; character. On Monday last we had our usual ac
i counts from America, and though the receipts
i still continue to show a considerable weekly in
| crease, yet on that day the business amounted to
i nearly 10,000 bales, at an advance of 1-8 per lb
on low scale of prveious transactions. Following
i this up, there has been each day a fair amount of
| business done, the Trade, Exporters and Sepecu
; lators taking a share. Cotton is freely offered,
but we close with a steady business doing at last
; week’s rates. The sale yesterday had the effect
j of reducing the common qualities of Sea Islands
about l-2d per lb on previous private rates, while
i any thing of a good class fully maintained their
ground. The Committee of Brokers place fair
Uplands at 5 3-4 d, Mobile 6d. and Orleans 6 l-2d.
3390 American, and 650 Surat, have been taken
i °n speculation; and 8230 American, 520 Surat, 50
100 Pernam, and 00 Bahai for export.
Sales for the week, 51,080 bales.
Later from Texas
j . B y the arrival yesterdy of the steamship Louis
iana we have received Galveston papers to the
6th inst., together with our usual files from the
interior of the State.
The San Antonio Ledger of the 29th nit, has a
letter from the great El Paso train, dated ’ May
21st, near the mouth of the San Pedro. This
letter says that, so far, the journey had been
pleasant, though rougher times were anticipated.
The grass along the route was miserable, and in
some places it had failed entirely. There had
been little rain, and consequently water was
rather scarce. No signs of Indians were seen,
except a white flag, fastened to a tree, near the
Limpia crossing.
The Galveston News, of the 6th inst., mentions
having seen a cotton boll an inch in length. It
is a fair evidence of the advanced state of the
crop on Trinity river.
A sudden rise has taken place in the Colorado
river. It rose 16 feet in one night.
The Galveston News, in treating of Mr.
Payne s report on the Opelousas railroad plan,
says that the trade of Galveston with New York
is increasing three times as fast as her trade with
New Orleans, and a railroad would be the only
means for compete with New York. Du
ring the present year, Galveston exported 8,504
bales of cotton to New Orleans, and 20.621 to
New York.
We do not see a word, in any of the Texas
papers, in relation to Col. Hardee’s expedition
into the Camanche county.
A private letter from Corpus Christi, dated
on the 30th ult, informs us that four Mexicans
were recently killed by Indians between that
place and the Rio Grande.
The same letter informs us that a horrible mur
der was recently committed about five miles from
Corpus Christi. The perpetrator was a German
named Frank, and the victim was his own wife.
After quarreling: with her for some time, he at
tacked her with a knife, inflicting wounds so
severe that she died on the spot. The murderer,
who was perfectly sober at the time, fled im
mediately, but a party was out in pursuit at
once. He had on several occasions beaten his
wife cruelly, and a threat on her part that she
would leave him induced him to take her life.
He left three children, whose lives he had also
threatened.
The reports of the crops from almost every
part of the State are very favorable, and the
country is rapidly filling up with farmers from
every quarter.— N. O. Picayune , 10 thinst.
AUGUSTA, GA.
TUESDAY MORNING, JUNE 17.
For Governor.
Charles j. McDonald.
CONGRESSIONAL CONVENTION.
The Convention to nominate a Southern
Rights Candidate for the Eighth Congres
, sional District, will be held in this City
. on SATURDAY, the 12th day of JULY.
[ Federalism in Georgia.
[ The question, whether a State has any right
except what it holds at the arbitrary will of a
| majority of the people of the Union, comes up in
• Georgia for the decision of her citizens. The
election this fall will determine their opinion as
f to whether this is a consolidated Government,
[ under the unrestrained domination of the ma
l jority, or a compact of sovereign States.
The doctrines of the old Federal party of 1798,
[ which sustained the elder Adams, and his alien
5 and sedition laws, are now boldly proclaimed in
s the face of the State Rights Republicans of
Georgia. An attempt also is made to give them
popularity by coupling them with the name of
1 General Jackson. His proclamation in 1833,
a strongly federal document, which was put
■ forth in an extraordinary exigency, and which
was qualified in what was afterwards known
as his counter-proclamation, is now quoted, for
r the first time in Georgia, as maintaining the
true theory of our Government. It is a docu
ment whose doctrines have hitherto been repu
diated by all parties in Georgia, and by every
, prominent man among us who has ever ex
pressed an opinion upon them.
We are now to decide whether unmitigated
Federalism, so signally put down in 1800, is to
, be allowed to triumph over Jeffersonian Repub
l licanism. The battle is again, to be fought, and
' Georgia is the great battle-field in the South
1 where Federalism has, under a new name, un
furled its banner. The standard-bearer of R«-
> publicanism is that long-tried disciple of Jeffer-
I son and consistent Democrat, Charles J. Mc-
Donald. The standard-bearer of the Federal
; creed and party, is the Hon. Howell Cobb, a young
, man whose service consists of a few years spent at
Washington City, as a Democratic member of
' Congress, but the last of which has been signal
, ized by a suspicious intimacy with Federal
Whigs, and who returns to Georgia as the favor
■ ite candidate for Governor of this State, not only
of Fillmore and Webster, but of every Federal
’ Whig in the United States.
• Let us examine some of the doctrines which
! he brings home with him, and which are recog
nized by the party formed in Georgia to support
him.
We present, to-day, one chapter of the creed
promulgated by this party, and it will be found
to be reeking with Federalism and Consolidation.
We commend if to the scrutiny of every State
Rights man. Whig and Democrat, and ask if he
is ready to sanction its monstrous positions. It
. is an editorial headed, “ The Nature of our Gov
ernment f from the Southern Banner —a paper
known to reflect Mr. Cobb’s opinions. It is
something better than the mere fustian and rant
of all the other Federal presses in the State. It
aspires to the dignity of an argument, a lame
one it is true, but it is the best and only one we
have seen from that side.
The following grounds are assumed by the or
gan of Mr. Cobb. We present them, for conve
nience of discussion, in a different order from
what they are stated :
First. That the States have parted with a por
tion of their sovereignty, and possess now only
partial sovereignty.
Second. That a State has not the right, by
virtue of its sovereignty and of the voluntary
nature of the federal compact, to secede from the
Union at its own discretion.
Third. That a State has not the right to secede
from the Union, when the people thereof, in
their sovereign capacity, deem such a step neces
sary for their safety or happiness.
Fourth. That a State has not the right to se
cede from the Union in case of deliberate, palpa
ble, and dangerous infractions of the Constitu
tion by the Federal Government.
Fifth. That the Federal Government has the
right, by virtue of the compact of Union, to use
its military and naval forces, and to invoke all
the physical power of the remaining States to
coerce back into the Union, a State or States
seceding from the Union.
We assert, on the other hand, exactly the re
verse of all these five propositions.
We will not here stop to dwell on the enor
mous absurdity of the position, that a State or
section has no protection for its rights of life,
liberty, property and social institutions, but its
capacity of resistance by the sword—that each
State, by acceding to the compact of Union, so
emasculated its sovereignty, that it deprived it
self of all means of escape in case of gross op
pression and wrong, except by the doubtful and
fearfully unequal chances of a bloody revolution.
The position is a libel on the intelligence of
the framers of the Constitution—it is in the very
teeth of the Declaration of Independence, which
declares that, “io secure life, liberty , and the pursuit
of happiness , governments are instituted among men ,
deriving their just powers from the consent of the
governed; that whenever any form of govern- f
ment becomes destructive of these ends , it is the right
of the people to alter or abolish it , and institute a
new government .”
If this be true, England was wrong in attempt
ing, by force, to prevent the several American
colonies from exercising the right here set forth,
and which they severally did exercise. If this
be true, the remaining States of the present
American confederacy would be wrong in at
tempting, by force, to prevent any one or more
of the States again doing what each severally
did about the year 1776 —to wit: alter and abol
ish their respective colonial governments, and
institute, each for itself, a separate sovereignty
and form of government.
We assert,
First, Sovereignty is from its nature indivisi
ble, and therefore no State in coming into the
Union parted with its sovereignty, or any part
of it.
What is sovereignty ? In the language of the
most intellectual statesman this age has produced
and the most thoroughly conversant with the
history and theory of our government, Mr.
Calhoun, we answer, It is the supreme pow
er in a State, and we might just as well
: speak of hall a square, or half of a triangle,
as of half a sovereignty. It is a gross error to
confound the exercise of sovereign power with
sovereignty itself, or the delegation of such powers
with a surrender of them. A sovereign may de
legate his powers to be exercised by as many
agents as he may think p >per, under such con
ditions and with such limitations as he may im
pose ; but to surrender any portion of his saver
■ eignty to another is to annihilate the whole.”
Reteringto the articles of confederation, signed
July 9th, 1777, we find in the outset the follow -
: ing explicit declaration:
“ Article 2nd. Each State retains its SOVER
EIGN JTY, freedom and independence, and
L every power, jurisdiction, and right, which is not
i by this Confederation expressly delegated to the
, United States in Congress assembled. 75
. Here is an unqualified retention in express
words of their sovereignty, their entire sover
eignty, by each State. Analyse this language,
take the members of this sentence apart, and it
will be perceived that the absurd idea of dividing
’ the sovereignty of each State between itself and
u the United States in Congress assembled, 75 is not
: expressed by it. If it were, then the idea would
be rendered, in phraseology not very creditable
1 to the perspicuity of the framers:
u Each State retains its sovereignty , freedom and
independence , which is not by this Confederation
expressly delegated to the United States in Con
gress assembled. 55
It is thus, very obvious that it was not here
meant to convey a portion of the sovereignty, or
a portion of the freedom, or of the independence
of each of the States to United States.
The purpose was, and such is the language •
that each State should retain its entire sovereign
ty, its entire freedom, its entire independence, and
should retain, in addition, every power jurisdic
tion, and right, which was not by this Confedara
tion expressly delegated.
There is not a word or a syllable occurring from
the time of the ratification of those articles of
Confederation down to the adoption of the
present Constitution—nor is there in the Consti
tution a word or syllable in denial or qualifica
tion ot this solemn declaration that each State
retained its sovereignty. The word sovereign
i ty does not again occur either in the old articles
of Confederation, or in the present Constitution
' and amendments. There is not a word or a syl
lable to gainsay or quality the solemn declara
tion ot the second article of the Confederation.
There is a copious enumeration in all, of powers
delegated to this agent. But so cautious were
the fathers of the Republic in reference to this
subject that, cumulative upon this second arti
cle is the express reservation of the 9th and
10 th articles of the amendments proposed by the
first Congress and ratified by the States, as fol
-1 lows:
“ Article 9th. The enumeration in the Con
stitution of certain rights shall not be construed
to deny or disparage others retained by the peo
ple.
u Article 10th. The powers not delegated to
the United States by the Constitution, nor prohi
bited by it to the States, are reserved to the
States respectively, or to the people. 75
There is not a word here about the sovereignty
not delegated, being reserved to the States or the
people, and doubtless for the simple reason that
no sovereignty or any portion of sovereignty was
delegated, or could be. Had it been, what was
left was important enough certainly to be also
worthy of an express clause of reservation.
In addition to this it may be here stated that
several of the States in acceding to the Federal
compact, expressly reserved their sovereignty
and independence.
The sovereignty of each. State being thus shown
to be entire, unimpaired, complete, we assert,
Second, That each State has the unqualified
right of its own mere will and discretion of se
ceding from the Union, it being a voluntary com
pact among distinct sovereignties. If this pro
position be true, the remaining propositions
follow of course, the major containing the minor
—to-wit: that a State may do so when the
people thereof in their sovereign capacity deem
such a step necessary to their safety or happiness •
and also, in case of a deliberate, palpable and
dangerous violation of the Constitution by the
Federal Government.
The Southern Banner admits the right in the
last supposed case in the following language:
M Let those who think that the Constitution
has been violated, and the Southern States “ de
graded 75 by the late compromise measures, sus
tain South Carolina in her apparent determi
nation to sever her connection with the Union.
If she has been so deeply wronged, she has, in
point of eternal and abstract justice, a right to
withdraw from the Union. 77
It is here put on the ground of eternal and ab
stract justice. We will not quarrel with the term
as to its being abstract, or practical justice. The
concession here yields the whole question.
Who is to decide whether a State has been
wronged or not in the way supposed ? Who but
the State herself? It is not for another State to
decide the question for her. If it is not for one
other State to decide it, would it be for two others, i
or three, or four, or any other number combined
to decide it ? Must she have a majority of the
other States to decide it? The absurdity of any j
such qualification of a right resulting from a
wrong, or of any such mode of ascertaining ,
whether a wrong has been done, is apparent. ‘
That is no right at all, which another has the
right to take away. That is no redress for a
wrong, of mean# of escaping it* repetition, which j
| the party committing it has a right to prevent
the exercise of. He therefore, who says a State
has a right, under given circumstances to secede,
but the other States, or any power whatever,
have the right to prevent her, talks nonsense.
But we do not confine the right to violations
of the Constitution. We take the higher ground
of the Declaration of American Independence,
tha t a people have a right to change their govern
ment with sole reference to their own views of
what will promote their happiness and prosperi
ty the only sanction to any government being
the consent of the governed.
There is neither reason, nor justice, abstract or
practical, nor is it consonant to any conceivable
notions oi political, social or moral obligation,
that one sovereign State, nation or people,Should
remain in a compact of Union, formed with
others, against its own interest, against its own
prosperity and happiness, simply because its re
maining would benefit the other members of the
compact. There is in the very nature of the
human mind, a revolting from the injustice and
the absurdity of a people making a sacrifice of
itselt for another people. History can furnish no
example of such romantic self-sacrifice of one
people for the good of another.
W hile a State remains a member of a
confederation, formed for mutual benefit, it is
bound by all its stipulations, and can be rightfully
compelled , by its confederates, or their common
agent, by military force, if necessary, to perform
them faithfully and to the letter. But when it
withdraws from the confederacy, and gives up all
its benefits, if any, there ends also its obligations.
If there be a common debt to pay, and common
property to divide, the equitable share both of the
debt and the assets to be allotted to the with
drawing State is a matter for amicable negotia
tion.
If the right here contended for exist, and a
State of this confederacy should exercise it, it
follows,
Fifth, That the Federal Government would
have no right to use force of any kind to coerce
the seceding State back into the Union. It is a
corollary from the premises, and needs no elabo
ration. The Constitution contemplates no such
contingency, and has made no provision for it.
It provides for having the laws of the Union ex
ecuted, by force when necessary, but this con
templates their execution in States of the Union
—States that became, and are voluntarily mem
bers of the Union. It has no reference to the
execution of laws upon a State not a member of
the Union by its own free sovereign will and con
sent. It has no reference to the case of a State
that has withdrawn from the Union.
The brute force doctrine that might makes
right, and that therefore, a sovereign State, or
people has no right to choose and to change its
government, or its political relations, hut what it
can maintain by the sword against any and all
other States, people, and governments, is as bar
barous as it is unsound. It is the doctrine which
would justify the partition of Poland, and the
crushing down of Hungary. It justifies the eap
ture of Rome by French troops, and would equal
ly justify the overthrow of the Swiss Cantons by
Austrian despotism, and the conquest of the Ger
man States by Russian ambition.
It is the doctrine by which the anti-slavery
hordes of the North, and the anti-slavery tide
that Europe is pouring into the Northern States,
would enforce their abolition mandates upon us
at the point of the bayonet.
Special Session of the New York Legis
lature. — Message from Gov. Hunt.-Both. branch
es of the New York Legislature met at 12 o’clock
at Albany on Tuesday—Lt. Gov. Clinch in the
chair, in the Senate. In the Assembly, Mr. Var
num, of New York, was chosen speaker:
Gov. lluni sent a message w T hich occupies about
two columns, and nearly the whole message is
devoted to the event which has been the the prin
cipal cause of the special election. The Governor
speaks of the last Legislature, and thinks that the
people plainly show by their course pursued in
the special election, that they are in favor of the
canal enlargement. He also alludes to the com
pletion of the Erie Railroad, and speaks of the
vast benefit likely to accrue to the State from it.
He also speaks of the various objections to the
passage of the enlargement bill, and does not
think that there can be any constitutional rea
sons against its becoming a law.
(Telegraphed for the Charleston Courier.)
Baltimore, June 13.
In the New York market on Friday twelve
hundred bales of Cotton were sold. Prices had
experienced no change.
Generals Freeman and Smith, rival candidates
for Congress, had a duel yesterday at Vicksburg.
General Smith was severely wounded in the
shoulder.
Difficulties are likely to occur with the Mor
mon Settlement on Beaver Island. They mur
dered two men, named Bennett, on a trifling pre
tence. The inhabitants are so much excited in
consequence of it, that a general fight is anticipat
ed.
Baltimore, June 15,8,52 P. M.
One thousand bales of Cotton were disposed
in New York on Saturday. Fair Uplands are
quoted at 10c. Orleans 11 3-4. The sales for
the week amount to eight thousand bales.
New Orleans, June 10.
On Monday one thousand bales of Cotton were
sold, and to-day three thousand, mostly, however,
for England, at a decline of a quarter of a cent
on previous rates. Low to strict Middling is
worth froms7 3-4 a 8 1-4.
Considerable excitement has been occasioned
by the defalcation of Mr. J. C. Simpson, a well
known Cotton buyer, who has suddenly disap
peared. The loss sustained by his flight amounts j
to about $40,000, which will, if is said, fell upon i
several large Cotton house.
The steamer Winfield Scott, has arrived from
New York.
New-Orleans, June 11.
The Americas news came to hand last night
Three thousand bales changed hands to-day at an
eighth advance. Fair is quoted at 10 1-8. Rice'
is dull at 4.
The brig Tarta, Captr. Booker, has cleared for ■
Charleston.
New-Orleans, June 13.
Cotton has been quite active to-day, and prices
were firm. The transactions amount to five
thousand bales, principally for England. Mid- i
dling ranges from 8 a 8 1-4. Seven hundred j
barrels of Whisky have been disposed of at 18 1-2
c. per gallon.
The steam ship Cherokee sails for New-York
to-morrow.
The Court Martial to meet at Washing, on the
23d, in Gen. Talcott’s case, is compossd as fol
lows:
Brevet Major Generals Twigs, Wool, Smith,
Riley and Gibson; brevet Brig, Generals Walbach,
Churchill, Totten, Clarke and Childs; Cols. Abert
and Crane, and brevet Col. Plymton. Major Lee
will be Judge Advocate.
Correspondence of the Bcdtimore Sum.
Philadelphia, June 10.
The sudden dissolution of partnership between
Barnum and Mile. Lind, has caused much talk this
morning. The matter that brought things to a
crisis was the choice of the circus for the concert
of last evening. The stables being attached to
the building, rendered it so o{Fens' 'e that chloride
of lime had to be used. The c or of this being
also disagreeable, the fair Swede never looked or
sang so badly as last evening. When not actual
ly singing, she was continually applying a per
fumed handkerchief to her face, and the scorn
that sat upon her countenance showed that she
was seriously annoyed.
The concert for to-morrow evening will be at
the Musical Fund Hall, and she declares she will
never sing any where else while in this city.
The whole arrangement will be under her own
direction, and the price of tickets put at a uni
form rate of $3. Barnum receives SI,OOO each
for the seven concerts to complete the hundred,
according to the agreement made in New-York
which with SIB,OOO received to break the con
tract for one hundred and fifty, makes $25,000
that she has sacrificed to put an end to the part
nership. Barnum will go to Europe shortly, to
superintend the Batemans in their theatrical
tour.
{Telegraphed for the Baltimore Clipper.)
Vicksburg, June 12.
Duel at Vicksburg. —A duel came off here this
morning, between Gen. Freeman,*the Whig can
didate for Congress, and Gen. Smith, of Jackson,
his Democratic competitor. Gen. Smith was se
riously wounded in the shoulder on the fifth
round. The cause of the duel was a letter writ
ten by General Smith to some of the papers, and
which was published, denouncing Gen. Freeman
as a coward and libeller. The aflair has caused
great excitement.
Cincinnati, June 13.
Murder at Beaver Island. - From Detroit,
Michigan, we learn that a brutal murder was
committed on Beaver Island on Friday last,
upon Thomas Bennett, under color of ecclesias
tical authority. Bennett was shot through the
body with five rille balls and thirty-eight buck
shot, by a party of fifty Mormons. His brother,
Samuel, was also shot. Great excitement pre
vailed.
' Louisville, June 12.
The Cholera at the West. —The steamer J. M.
Niles, from New Orleans, this morning, lost thir
teen persons by the cholera and ship fever —
among them, only one cabin passenger, Plan
kenstein, a German emigant.
Philadelphia, June 12.
The Profit of Jenny Lind Co. —Mr. Barnum
acknowledges to a friend, who is not given to ex
aggeration, that he has made $500,000 by the
Jenny Lind concerts, and says that Jenny has
realized not less than $350,000 in this country.
The net proceeds, of the ninety-four concerts do
not lack above $25,000 of a million dollars.
Arrest of Slaves. —Night before last, the
slaves who made their escape from Rev. Mr. Per
ry and others in Covington, a few nights since,
were arrested by persons on this side, and taken
, over to their owners, who received them and paid
over the reward offered, ($400.) The slaves say
they were enticed away by persons from this
1 side.— Cincinnati Gazette , Gth inst
j Attempt to Arrest a Fugitive Slave in
Cincinnati.—A Kentuckian attempted on Sa
' turday to arrest a negro claimed as a “ fugitive
from labor.” During the scuffle, which occurred
■ on Fourth street near Sycamore, a crowd of peo-
L pie gathered around, and the colored individual
was silentiy released through some subterranean
: passage unknown to the “looker 0n.”—76., 3d inst.
Anderson, (S. C.) June 11.—In the neighbor
hood of this village, we have had but little rain
since the first of May. Other portions of our
• District have been blessed with seasonable rains,
inspiring the hearts of farmers with renewed
. hope in the reward of their labors. The wheat
is now being harvested, and bids fair to yield a
1 larger crop than was anticipated a month ago.—
, The heads are well filled, but in some sections
, the fly has been very destructive. The oat crop
is very indifferent — Gazette.
New-Orleans, June 9.
A well known cotton buyer suddenly disap
peared to-day. He is a defaulter to the amount
of about $40,000. The loss falls chiefly on three
• large cotton houses.
One of the ferry boats burst a boiler this mor
. ning, while crossing the river to Gretna, killing
a negro pilot. Several other persons who were
on board are missing.
Shocking Death. —A man, named Michael
McGovern, died in New York on Wednesday
evening, from the effects of a quart of brandy,
which he drank on a wager. The beasts who
were parties to so beastly a banter, have been
arrested and committed to prison. Their names
are Hugh Hanovan and Owen Fox.— Baltimore
Clipper.
Desertion in the Army is beginning to attract
serious attention in every part of the United
States. The loss* annually to government is
enormus—every man who deserts, robbs the gov
ernment of SSO directly, and indirectly of much
more. One eighth of the whole army deserted
last year,and last month 16 out of 56 men of Capt
Hatch’s company, at Rochester, deserted.
“ Extremes Meet,” is a proverb which finds
an odd illustration in the recent action of the
English Parliament and the California Legisla
ture. These two bodies, which may be con
sidered as lying at the extremes of civilization,
both sdjourned lately for reasons of like nature
and importance—the first to attend the Derby
races, and the latter to witness a bull and bear
fight.
From the Cherokee Nation.—We have re
ceived the Tahlequah Advocate of the 20th ult.
It contains no news of much interest. The va
rious nominations for public officers seem to have
been made, and they are so numerous that it is
evident the Indians are as much given to office
seeking as their white brethren. Among the
candidates for National Counsel we see the names
ol Spring Frogs, Spirit Pot, Laugh-at-mush and
Lightning-bug. For Sheriff, the names of Fish
Tail and Pelican Tyger are quite prominent.
John Ross does not seem to have any opponent
for the chieftaincy.
Terrible Tornado.—A tornado at Hebron,
McHenry county, Illinois, on the 3d inst. is des
cribed as follows:
It uprooted trees demolished houses, and killed
three persons—the wife and child of a Mr. Pe
terson, and a child of Mr. Martin’s. Mr. Peterson’s
house was totally demolished. So far as heard from
thirteen houses were blown down, and perhaps
more lives have been lost. The track of the hur
ricane is said to have been from one and a half to
two miles wide.
The accounts of the tremendous force of the
wind seem almost incredible. It swept every
: thing in its path. Houses, trees, fences, grind
j stones, were whirled through the air like feathers,
i A lady who had risen for the purpose of closing a
door was carried out of the house and landed some
forty rods from it, breaking one of her arms, and
bruising her severely otherwise. A large cook
i ing stove was carried some 80 rods, and dashed to
pieces. The wind appeared to come from all
points of the compass at once.
j Nebraska Indians for the World’s Fair.
—Eighteen Indians of the Nebraska tribe are ex
pected at the United States Hotel to-day, en
route for New York and London, to be present
iat the Great Exhibition. They are, no doubt,
■ under the management of some “ cute Yankee/’
dead bent, on fortune—and he will make it.—-
, Cincinnati Gazette , Gth inst.
George Wetmore, in Youngstown, Ohio, once
bargained to marry Miss Anna Mell. But he
forgot to do it, and took a widow. A jury has
asked him to hand over $1 ? 458 to Miss Anna as
| a consolation!