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-JsV
BENJAMIN 3. JONES, EDITOR.
"A'O UNION WITH SLAVZIlOLDEKr.."
ANN PBARS'JX, TUBLISUING AGENT.
VOL. 16. NO. 18.
SALEM, COLUMBIANA COUNTY, OHIO, SATURDAY, DL'CEMBEli 15, 1SU0.
WHOLE NO. 792.
a.
(1 Mrp
mmmm
THE AMIS LATER! BUG LJI,
piBLunto evert Saturday at salem, omo;
By tho Executive Committee, of the Western Antl
Blavsry Sooiety.
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tratb, with the hope that they will either subscribe
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t. nUDSON, PRINTER.
The Anti-Slavery Bugle.
THE PRESIDENT'S MESSAGE.
We give this week some passages from Buohan
an's recent message, and have so divided it that
the topios upon which it treats can- be eoen at a
glauce.
THE PESKY ABOLITIONISTS.
The ling continued and intemperate interference
of the Northern people with the question of slave-
tj'in the Southern States, has at length produced
Its natural effects. The different sections of the
Union are now arrayed against each other, and
the time has arrived so much dreaded by the Fath
er of IIi Country, when hostile geographical par
ties have been formed. I have lung foreseen, and
often forewarned my countrymen of the now im
pending danger. This doe9 not proceed solely
from the olaim on the part of Congress or the Ter
ritorial Legislatures to exclude slavery from the
Territories, nor from the efforts of different states
to defeat the execution of the Fugitive Slavo Luw.
AH or any of these evils might have been endured
by the South, without danger to the Union, as
others have been, in the hope that time ana reliec
tion might apsly the remedy. The immediate peril
rises, not so much from these causes, as ftom the
faet that the violent ogitation of the slavery ques
tion throughout the North for the la6t quarter of
6 century, has at length produced its malign in
fluence on the slaves, and inspired them witb
vague notions of freedom: hence a sense of securi
ty no longer exists around the family altar. This
feeling of peace at home has given place to appre
tensions of Bertile insurrection,
PICTURE OF THE SOUTH.
Miny a matron throughout the South, retires at
night, in dread of what may bofal herself and her
children before the morning. Should this appre
hension of domestio danger, whether real or ima
ginary, extend and intensify itself, until it should
pervade tho masses of the Southern people then
disunion will be inevitable. Self preservation is
the first law of nature, and has been implanted in
the heart of man by his Creator for tho wisest pur
poses, and no political union, however fraught
with blessings and benefits, in all othor respects,
can long continue, if the necessary consequences
be to render the homes and Qresidoe of nearly half
the parties to it habitually and hopelessly inseoure.
Sooner or later the bonds of such a union must be
levered. It is my conviction that this fatal period
has not yet arrived, and my prayer to God is that
be would proserve the Constitution and the Union
throughout all generations. But let us take warn
in time, and remove the cause of danger.
THE MEDDLESOME NORTH.
It cannot be denied that for five and twenty
years, the agitation at the North against Slavery
in the South, hat been incessant. In 1835, picto
rial band-bills, and inflamatory appeals were cir
culated extensively throughout the South, of a
character te excite the passions of the slaves and
in the language of Gen. Jackson, to stimulate them
to insurrection, and produce all the horrors of a
servile war. This agitation has ever since been
continued by tbe publio press, by tho proceedings
of State and County Conventions, and by abolition
eermons and lectures. The time of Congress has
been occupied in violent speeches on the never
ending subject, and appeals in pamphlet, and oth
er forms, endorsed by distinguished names, have
been sent forth from this central point, and spread
broadcast over the Union. How easy would it be
for tbe American people to settle tbe slaver; ques
tion forever, and to restore peace and harmony to
this dieti acted country. They alone can doit.
All that is necessary to accomplish this object, and
all which the slave States have ever contended for,
s to be let alone, and permitted to manage their
domestio institutions in their own way, as sover
eign States. Tbey, and they alone, are responsi
ble before God aud tbe world for the slavery exist
ing among them. For this the people of tbe North
re not more responsible, and bave no more right
to interfere, than with similar institutions in Rus-
Brazil.
LINCOLN'S ELECTION NO CAUSE FOR SECESSION.
Upon their good sense and patriotic forbearance
I confess I still greatly rely. Without their aid
it is beyond tbe power of any President, no matter
what may be hie own political proclivities, to re
store ptaoe and harmony among the States. Wise
ly limited aud restrained as is his power under our
Constitution and laws, be alone can accomplish
but little for good or evil, on such a momentous
question; and this brings mo to observe that tho
election of tiny one of our fellow citizens to the
office of President, docs not of itself afford just
cause for dissolving tho Union. This is mora es
pecially true if his election has been effected by a
mere plurality, and not a majority of tho people,
and has resulted ftom transiont and temporary
causes, which may probably never again occur.
In order to justify a resort to revolutionary resis
tance tho Federal Government must be guilty of a
deliberate, palpable, and dnngerous exercise of
powers not granted by the Constitution. Tlio lato
Presidential election, however, has been hold in
strict conformity with its express provisions.
How then can tho result justify a revolution to
destroy this very Constitution? Reason, justice
and regnrd for tho ConBtitutien all require that
we shall wait fur some overt and dangerous act
on the part of the President elect beforo resorting
to such a remedy.
BE WILL DE CONSERVATIVE.
It is said however, that tho antecedents of tho
President elict havo been sufficient to justify the
fears of the South that ha will uttompt to invade
their Constitutional rights; but are such appre
hensions of contingent danger in the futtiro suffi
cient to justify tho immediate destruction of the
noblest system of Government ever devised by
mortals. From the very naturo of his office and
its high responsibilities he must necessarily be
conservative. The stern duty of administering
the vast and complicated councils of this Govern
ment affords in itself a guaruuteo that he will not
attempt any violation of a clear Constitutional
right. Alter all ho is no more than tho Chief Ex
ecutive officer of the Government. His province is
not to make, but execute its laws, and it is a re
markable fact in our history that, notwithstanding
tho repeated efforts of tho anti-slavery party, no
single act has ever passed Congress, unless we
may possibly except tho Missouri t'umpronc, im
pairing in the slightest decree the rights of the
South to their property in sluves. And it mny
a'so be observed, judging from present indications,
that no probability exists of tho passugo of sujh
an act by a m.ijority of b:th Houses either in the
present ur the next Congress. Surely under these
circumstances we ought to bo restrained from pres
ent action by the precept of Ilim who spako as
never man spake, that "sufficient unto the day is
the evil thereof." The day of evil may ncvor
como unless we shall rashly bring it upon our
solves. It is alleged as one cause for immediate
secession that the Southern States are denied equal
rights with the other States in the common terri
tories. But by what authority tiro theso denied?
Not by Congress, which has never passed, aud 1
Leliove nover will pase, any act to exoludo slavery
from theso territories; and certainly not by the
Supreme Court which has solamnly decided that
slaves ate property, and like all other property,
their owners havo a right to take them into the
common territories and hold them there under tbe
protection of tho Constitution. So far then as
Congress is concerned, the objection is not to any
thing they have already done, but to what they
may do hereafter. It will surely he admitted that
this apprehension of future danger is no good rea
son for an immediato dissolution of tho Uuiou.
A KANSAS REMINDER.
It is true that tho Territorial Legislature of
Kansas, on tho 23d of February, 18C0, passed in
great haBte an act over tho veto of the Governor,
declaring that slavery is, and shall bo forever pro
hibited in the teintory. Such an act, however,
plainly violating the rights of property secured
by tho Constitution! will Burely Lo declared void
by the Judiciary whenevor it shall be presented in
a legal form. Only threo days after my inaugu
ration, tho Supreme Court of the United States
solemnly adjudged that this power did not exist in
a Territorial Legislature Yet such has been the
factious temper of tbe times, that the correctness
of this decision has been extensively impugned be
fore the people, and the question has given riso to
angry political conflict throughout the country.
Those who havo appealed from this judgment of
our highest Constitutional tribunal to popular As
semblies, would if they could, invest Territorial
Legislatures with power to annul the sacred rights
of property. This power Congress is expressly
forbidden by the Federal Constitution to exercise.
Every State legislature in the Union, is forbidden
by its own Constitution to exorcise it. it ennuot
be exercised in any State, except by tbe people in
thoir highest sovereign capacity, when framing or
amending their State Constitution. In liko man
ner, it can only be exercised by the people of the
Territory represented in a cenvention of delegates
for the purpose of framing a constitution, prefuto
ry to admission as a State into the Union. Then,
and not until then, are tbey invested with power to
decide the questiou whether slavery shall or shall
not exist within their limits. This is an act of
sovereign authority, and not of subordinate terri
torial legislation. Were it other-rise, then indeed
would the equality of the States in the Territories
be destroyed, and the rights of property in slaves
would depend not upon the guarantees of the Con
stitution, but upon the shifting majorities of an
irresponsible territorial legislature. Such a doc
trine from its intrinsic unsoundness, cannot long
influence any portion of our people, much less can
it afford a good reason for a "disssoluticn of the
Union.
FUGITIVE SLAVS LAW TO BE ENFORCED.
The most palpable violations of constitutional
duty which have yet been committed consist in the
acts of different State Legislatures to defeat tbe
exeoution of tbe Fugitive Slave Law. It ought to
be remembered, however, that for these aots nei
ther Congress nor any Pretideotcan be justly held
responsible; having been passed in violation of
the Federal Constitution, tbey are therefore null
and void. All the Courts, both State and Nation-'
al, before whom tbe question has arisen, have,
from tbe beginning, declared the Fugitive Slave
Law to be constitutional. Tbe single exceptiou is
that of a State Court in Wisconsin, and this has
not only boen reversed by the proper appellate
tribunal, but has met with sucb universal reproba
tion that there can be no danger from it as pre
cedent. Tbe validity of this law has been estab
lished over and over again by tbe Supreme Court
r
of the United Slates with pcrfrct unanimity. It
is fuundud upon an express provi'im of the Con
stitution, requiring that fugitivo slaves who escape
from service in ono State to nnothar shall bo de
livered up to thoir masters. Without this provis
ional is a well-known historical fuct that the Con
stitution itself could never have been adopted by
tho Convention. In ono form or another under the
acts of 1793 or 1SC0, both being substantially the
same, tho Fugitive Slave Law has been tho law of
tho lurid from tho days id Washington until tho
present moment. Hero, thco, a clear case is pre
sented in which it will Lo tho duty of the next
President, as it bus Lecu my own, to act with vigor
in executing this supremo law against tho conilie-
enactments of State Legislatures. Should he
lull in tho pcrfurmnnco ol this high duly, lie will
then havo manifested a disregard of the Cuiisutu-
tion and laws to the great injury of the people of
nearly one-half of tho States of the Union. But
are we to presume in advance that 1.3 will thus
vio'ato hia dutj? This would bo at war with eve
ry principle of justice if Christian charity.
Lot us wait for tl)5 ovcit net.
Tho Fugitive Slave Law has been carried into
execution iu every contested c.i-e cinco too coin-
mcucemcut of the present administration, though
it is to be regretted, with groat loth and in-
convenience and with considerable expense to the
Government. Let us trust that tho State Lochia-I
tures will repeal their unconstitutional r.nd obnox
ious enactments; unless this shall be douo without
unnecessary delay it is impossible for any human
power to euvo the Union. The Southern States,
stalling on tho basis of tho Constitution, have a
right to demand this net of justice from tha States
of the North. Should it bo refused them, the
Constitution, to which all tho States are parties,
will have boen wilfully violated by one portion
them, in a provision essential to tho domestic secu
rity and happiness of tho remainder. In that
event the injured States, after having first used all
peaceful und Constitutional means to obtain red
ress, would bo justified in revolutionary resistance
to the government of tho Union.
SECESSION. NULLIFICATION. GEN. JACKSON,
I have purposely confined my remaiks to revolu
tionary rcsistanco, becabso ic has been claimed
within tho last few years, that any State, whenevor
it shall bo her sovereign will and pleasure, may
seccdo from the Union in accordance with the Con
stitution, aud without any violation of the consti
tutional r'ghts of the other members of tho con
federacy; that as each became parties to the Union
by tho votu.of its own peoplo assembled iu conven
tion, so any ono ol them muy rotire from the
Union in a similar manner, by tho voto of such a
convention. In order to justify seccessiun as a
constitutional remedy, it must bo on tho principle
that the federul Government is a ruero voluntary
association of States, to be dissolved at pleasure
by one of tho contracting parties. If this be so,
the confederacy is a rope of sand, and to be peno
triited nud di-Bohcd by tho Cist adverse wave of
public opinion in any of tho States. In this man
ner our thirty-three Stntos may rcsolvo themselves
into as many petty jarring and hostile republics,
each oae retiring from tho Union without responsi
bility, whenover uny sudden excitement might
impel them to fucli a course; by this proeors a
Union might bo entirely broken into fragments in
a few weeks, which cott our forefathers many
years of toil, privation and blood to establish.
Such a principle is v bully inconsistent with its
history, as it vrus framed with tho gieatcat delib
errtion at-.d care, it was submitted to conventions
of the pooplo of the several States for ratification,
its provisions wero discussod at length in these
bodies composed if tho first mou of tho country.
Its opponents contended that it conferred power
upon the federal government, dungerous to tho
rights of the Stater, whilst its advocates maintain
ed that under a fair construction of the instrument,
there was no foundation for such apprehensions.
Iu that mighty ttrugg'.o between the Cist intellects;
of this or any other country, it never occurred to
any individual, cither among its opponents or ad
vocates, to assert or even to intimate that their
efforts were till vaiu labor, because .ho moment,
that any Stato felt herself aggrieved, sho might
secede from the Union. What a crushing argu
ment would this havo proved against those who
dreaded that tho rights of tho States would be
tudangered by the Constitution? Tho truth is,
that, it was not until many years after the origin
of the Federal Government, that such a proposi-
then met and refuted
of General Jackson,
tion was advanced. It was
by tho conclusive arguments
who, in hi, message of tho lGth of Janu..iy, 1S33,
transmitting tho nullifying ordinance of South
Carolina to Congress, employs tho following lan
guage:
"The right of the peoplo of a sioglo State to
absolve themselves at will, without the consent of
the othor States, from their most solemn obliga
tions, hurards the liberty and Union, and happiness
of millions composing this und, cannot bo acknowl
edged. Such authority is lelioved to be utterly
rcpugaaiit, both tu tha principles upon which the
General Government is euustituted, and to tbo ob
jects which it was cxpresscly formed to attain. It
is not pretended that any clause in tha Constitution
gives countenance to such a theory, it is altogether
founded upon inforeuco, not from any language
contained in the instrument itself, but from the
sovereign character of the several S'ates by which
it was ratified; but it is beyond the powcr of a
State, like an individual, to yield a portion of its
sovereign rights to secure tho remainder." In tho
language of Mr. Madison, who has been called the
Father of the Constituiion, it was formed by the
States, that is by the people in each of the States,
acting in their bightst sovereign capacity, and
formed consequently by the same authority
which formed the State constitutions; nor is the
government of the United States, created by the
Constitution, less a government, iu the strictest
sense of tho torm, within lhe sphere of its powers,
than the governments cieated by the Constitution
of the Statos are within their soveral spheres. It
is like them organized iuto Legislative, Executive
and Judiciary departments. It operates like them
dirsotl on Demons and things, and like tbem It
has al eommand physical foree for executing the!
powers committed to it; was intended to be per-!
pelual, and not to be annulled at the pleasure of
any one if the contracting parties of tho Confed
ution; a perpetinl union between tho State.,
and by the 13th article, it is expressly declared
that the articles if this Confederation shall be in
evitably observed by every Stale, and the Uuiou
shall bo perpetuated.
THE UNION INFERENTIALLY PERPETUAL.
j0n was doigncd to bo perpetual, appears conclu
ting Lively from tho nature and extent of tho powers
i States. It is uot nccosfary to enumerate the oth
oftcii, er high powers which have been couferred upon
j tbo Federal Government. In order to carry tbe
enumerated powers into effect, Cunztess possesses
PM'e rcu.u...B ...u u...r, au truer l0
j fornl a moro Pcl fect uclon' ,0 Govern-'
in,c"t w'"'eb could act directly upon the Poop'1-'.
linJ "eoute lts own Iaw8 whont h intermediate!
The preamble to the Constitution of the United
States having expesscd refcrenco to the articles ol
Confederation, stites it was established in order to
form a mure perfect Union, dues not iocludo the
essential attribute of perpetuity, but that tho Un-
, conferred by the Constitution on tho federal gov
eminent. These powers embrace the very highest
attributes of national sovereignty. They placo
both the sword and the purse under its control
Cungiess has power to make war and to make
peace, to raise and support armies aud navies, and
to couoludo treaties with foreign govcrnmenta.
It is invests 1 with tho power to coin money and
to regulate the value thcreuf, and to regulate com
merce '.villi forei (f natiuus and among the several
tho exclusive ri;ht to lay and collect all other tax
es. But the Constitution has not only conferred
theso high powers upon Congress, but it has adop
ted effectual means to restrain the States from in
tcrfcring with their exercise for that purpose. It
has iu strong prohibitory language expressly de-
clared, that no State shall enter into tiny treaty of ;
alliance or confederation, grant letlcrs of marque
of&nJ reprisal, coin money, emit bills of credit,
mako anything but gold and silver coin a tender
in payment of debts, puss any bill of attainder,
cx post faclo law rr laws impairing tho obligations
of contracts. Moreover, without tho consent of
Congress, no State shall lay any imposts or duties
on nny imports or exports except what may be ab
solutely necessary for executing its inspection
laws, nnd if they exceed this amount tho excesses
shall belong lo tho Uuiteii States, and no State
shall without the consent of Congress lay duty on
tonnage, keep troops or ships of war in time of
peace,-enter into any agreement of compact with
ono'her State or with a foroign power, or engage
in war unless actually invaded or ia such immi
nent danger as will not admit of further delay.
In order still further to securo tho uninterrupted
exorcise of theso high powers against State inU'rio
sition.1t is provided that the Constitution, and tho
laws of the United Stales, which shall be made in
pursuance thetvcf, and oil treaties mado or which
shall bo made under tho authority of the United
States, shall l o the supreme law of the land, and
tho Judges in every State shall be bound thereby,
anything in the Constitution or laws of any State
to tho contrary notwithstanding. The tolema
sanction of religmn has been superadded to the,
obligations of oflicial duty, and all Senators and j
Uepresentatives of the United States; all
State Legislatures, and all Executive und Judi-
cial officers, both of tho United States and tbe lev-
eral States, shall bo bound by oath or affirmation
to support tho Constitution.
In order to carry into effect theso laws, tho Con-1
siitu'.ion h..s establ
ished a perfect government in
laiivo, hxecutive aud J-dicial,
nil its forms, L
and the Government to tho extent of Its powers,
sets upon the iuditiduul citizens of every State,
and executes its own decrees by the agency of its
own offiocrs. In this respect it d ffurs entirely
from tho Government uuder tho old Consideration,
which was conhued to making requisitions on the ;
States iu fbeir sovereign character. This left it in j
discretion of each whether to obey or to re-!
fuse, and they often declined to comply with suchj
requisitions. It thus became necessary, for tho;
agency oi tuo amies, h, pi oeen ncompnsn-j
eJ by tuo ousmuunn o. me u ni.eu o.aies.
In short, the Government created by tho Consti-
tui.on, and Urawing its authority troui toe over-,.
eign people of each ol the sovirat amies, bas pre -
cisely the same right to exercise its power over the
people cf nil tho States in the enumerated eases,
j one uf ,,ue.,u poesse over subjects not
delegated to the United States, but reserved to the
States repeetive!y, or to the people. To the -
i of the delegated powers, tho Constitution of
ui-"" ; -..-.
tution of each State, and is as binding upou the
people as though it had been textually inserted
therein. This Government, therefore, Is a great
and powerful government, invested with all the
attributes on sovereignty uf the special subjects lo
which its authority extends. Its framera never
intended to implant in its bosom the seeds of its
own destruction; nor were they, at its creation.
guilty of the absurdity of providing for its own
dissolution.
It was not intended by its framers to be tbe
baseless fabrio of aVision, which, at tbe touch of
the enchanter, would vanish into thin air, Lot a
substautial and mighty falric, capable of resist
ing the slow decay of time, and ol defying the
ttorms of ages. Indeed, well may jealous patriots
of that day have indulged fears, that government
of such high yowers might violate tbe reserved
rights of the States, and wisely did they adopt
the rule of a stticl construction of those powers,
lo prevent the danger; but they did not fear, nor
had they any rtason lo imagine, ibai tbe Consti
tution would ever be so iuterpreled as to enable
any State, by ber own set and without the consent
of her sister States, to discbarge ber people from
all or any of their Federal obligations.
i.
i
l
1 1
REVOLUTIONARY RESISTANCE A CLEAR RIGHT.
It may be asked, then, are tbe people of tbe
States without rediees against the tyranny and op
pression of the Federal Government t By no
means. Tbe right of resistance on the part ol
the governed agaiust tbo oppression of their ;.
ernments, cannot be denied: it exists independent
of ell constitutions, and has been HersUtd at all
periods of the world's history. Under it old gov
ernments have been destroyed, and nnder it new
ones have been replaced. It i embodied in strong
,nd express language, in out own Declaration ol In
dependence, but the distinction must ever bo observ
ed, that this is revolution against an established
government, and not a voluntary secession from
it by virtue of an inherent constitutional right.
THE PRESIDENT POWERLESS TO COERCE SOUTH
CAROLINA.
In short, let us look the danger fairly in the
face : Secession is nothing more nor Jess than
revolution. It may or it may hoi be justifiable
revolution. What, in the meantime, is the respon
sibility and truo position of the executive, bound
by solemn oath before God and the country to toke
care that the laws be faithfully executed T From
this obligation be cannot be absolved by any hu
man power. But what if the performance of this
duty, in whole or in part, has boen rendered im
practicable by events over which he ould bave
exercised no control f Such at the present mo"
mantis the caso throughout the Statu of South
Carolina. So far as the laws of the United States
to secure the administration of justice by tho Fed
eral Judiciary is concerned, nil the Inderal ouV
cors within its limits, through whose agency alone
thoso laws could bs carried into execution, have
already resigned. Wo have no longer a District
Judge, or Pistrct Attorney, in South Caraliaa. In
fact, tho wholo machiucry of the Federal Govern,
ment, necessary for the distribution of remodial
justice among the peoplo, has been demolished,
and it would be difficult, if not impossible, to re
place it. Tho only acts of Congress on tho btat-
ute bock bearing upon this subject, are those of
the 23th February, 17U3, and 3d March, 1807
Theso authorize tLo President, after he shall havo
ascertained that the Marshal with his posse com
mitatua is unabho to execute civil or criminal pro
cess in any particular case, to call forth tho mili
tia, and employ the army and navy to aid him in
performing the service, having first, by proclama
tion, commanded the' insurgents to diepeise and
return peaceably to their respective abodes within
a limited ilmu. This duty cannot, by any possi
bility, bo performed in a State where no Judicial
authority exists to Usuo process, and where there
is no Marshal to execute, and where, even if there
were such an officer, the entire populution would
combine in oue solid column to resist him.
THE QUESTION SUBMITTED TO CONGRESS.
sboulJ he coeetor unfortun8tcly resign. sue-
cc8or u arpoitteJ t0 pcrfurm ,his duty,
membiSjThen(inregard ,0 t,j(J t,rof)erly of tho United
Smteg . Soulh Caroiinathi9 bas been purchased
fof R f.)ir equiaenti by tlie con8ent cf ,ho Legis-lout
,.i!ure of the &Me fof ,Uo crection of forSs mag.
Lzincs, arsenals, ic, and over these the authority
TI.i,iiv w.sUtion h been exnreis-'not
ghtfui!y rC9, upon tl)e heads of the assailants.
A , fruU, ibo execution of the laws, so far as
maj u fr(,cticlUe Executive bas no au-
(horitj what gball fae ,he re:at;0Di Lc.
. v.-ltral Government and Soulh Caroli-
The mere resistance of these provisions proves!
how inadequate they are without further legisla
tion, to overcome a united opposition in a singlo
State, not to speak of other States who may placo
themselves in a similar attitude. Congress alone
has power to decide whether the present laws can
not be amended so as to carry out more effectually
the objects of the Constitution. The same insuper
able obstacles do not lio in tbe way of executing
tho laws for tbo collection of the customs. Tbe
revenue stil! continues to be collected as hereto -
f.,r t ihA HiKhim mien in Charleston, and
grau,cJ by ti,0 Court to Congress. It is not
, U,rlH in itt-,r1
j r
tSe United States ftom this property by force; but
if in this I should prove to be mistaken, tho officer
iu the command of the forts bas received orders
aU b'.iictlv uu tha defensive. In mch a cautin-
ilm rosnonsil.iliiv for coDseouencea would
He has i,ecu invested with no sucb diacre-excitement,
ioo He oMe a DQ powcr w chRnga tlje
lio1, berotofote existing between them, much less
(j actu0WiedKa ,ll0 independence of that state,
wouJ be jnfC3t a me Execut;Te officer
f lhe dis0:u,ion 0f the
confederacy among our thirty-three sovereign
It has no resemblance to the recognition
f fore,gQ defac:t K0?ernment involving no
,n0nsibilitv: auv attemut to do this would
on bis part be a naked act ot usurpation. It is,
iherefort,. my duty to submit to Congress the
hu,e tlon in M iu beMing,.
!e,enUl ,0 ra?idIy lining fo
Tbe course of
rward that the
r Mlite ben J0U may Le called
upon to decide the momentous question whether
you possess the power, by force of arms, to com
pel state to remain in the Union. I should feel
myself recreant to my duty ware I not to express
at. opinion on the important subject.
CONGRESS NO AUTHORITY TO COERCE.
The question fairly stated is : Has the constitu
tion delegated to Congress the power to force a
state into submission which is attempting to with
draw, or baa actually withdrawn from the confo4-
eracy I If answered in the affirmative, it must be
on the principle that tbe power has been conferred
upon Congrese lo declare anj make war against a
State. After much serious reflection I bave arri
ved at the conclusion that no such power bas been
delegated lo Congress or to any other department
of the Federal Government. It is manifest, upon
an inspection of ths Constitution, that this is not
among the specific and enumerated powers grant
ed to Congress; and it is equally apparent that its
exercise is not necessary and pioper for carrying
into execution any one of these powers.
AN HISTORIC FACT.
So far from this power having been delegated to
Congress, it was expressly refused by tha Conven
tion which framed ths Constitution.
It appears from the proceedings of that body, oa
the 31st of May, I7S7, thit the clause authorising
an execution of the force of tha whole against a
delinquent Suto came up for consideration. Mr.
Madison opposed it in brief, but powerlul
speech, from which I still extract but single
sentence. lie observed 'tbe ue of force against
State wou'd look more like declaration of war
than n infliction of punishment', arid would p'rob
ably bs considered by tho party attacked, as
dissolution of a'.l previous compacts tj whlofi U
might be bound.'
Upon his mo'ion the clause was unanimously"
postponed, and was never. I believe, again prescL
ted. , '
THE FRUITS OF COERCION SHOWN.
Socn after, on tbe f!th of Jnne, 1787, when in
cidentally adverting to this subject, lie said : "Any
Government for the United States, formed on the
supposed practicability of using force against the
unconstitutional proceedings of tbe Stales, would
prove as visionary and fallacious as the Goverc
merit of Congrets," evidently meaning the then
existirg Congress of the old Confederation. With
out descending to particulars, it may be safely as
serted that the power to make war against State
is at variance with tho whole spirit and intent of
the Constitution. Suppo? e such a war should re
suit in tho conquest of a Rtr.to, how aro we to gov
ern it afterwards ! Shall we hold it as a province
aud 50vern it by a despotic tower? In the na
ture of things we could not by physical force con
trol tho will of the people, and compel them to
elect Senators and Representatives to Cobgreinl
. ,0 t,elrurra a the other duties depending np-
on their own relation, and required from the free
citir.ens of a free State as a constitutional mcmbea
of the Confedor"r. Dai if we possessed the
power, would it le wise tj exereino it under tb
existing circumstauces T Tho object Would be
doubtless to preserve the Union, but would not
only present the mo6t effectual means of destroy'
ing it, but would banish all hope ol its peaceable
reconstruction. Besides in tbe fraternal confliol
a vast amount of blood and treasure would be ex
pended, tendering future reconciliation between1
the States impossible. In tbe mean tirao, who
can foretell what would be tbe sufferings and pri
vations of tbe peoplo duiing its existence. Tbe
fact is that our Union rests upon publio opinion;
and can never bo cemented, by the blood of its
citizens shed in civil war. If it cannot lire in the
the ejections of the people, it must one dsy per
ish. Congress possesses many means of preserv
ing by conciliation; but tho sword was not placed
in their bando to prcscrvo it by force. But may
I bo permitted solemnly to invoke my couutrymen
to pause, and deliberate before they determine te
destroy this, the grandest temple, which has evr
been dedicated to human freedom sinco the
world began. It has boen consecrated by tbe blood
of our Fathers, by the glories of our past, and by
the hopes of the future; and the Union bas already
made us the most prosperous, and ere long will,
if preserved, render us the most powerful nation
on the face of the earth.
PRESERVE THE UNION.
pride. Surely, when we reach the brink of the
yawning abyss, we shall recoil with horror, from
tbo last fatal plunge. By such fi dread catastro
of phe, the hopes of tho friends of freedom through;
the world would be dcstroytd.and a long night
!f lfaden despotism would enshroud the nation,
j Our example for more than eighty years would
onlv be lost, but it would be ouotcd as d coc-
Igovernmont thero is an incessant ebb and flow of
publio opinion. The sl-vcry question, like every
tho thing human, will have ite day. 1 firmly believe
that it bas already reached and passed tbe culmi-
natine point; but if, in tho midst of the existirg
j - . . - -
wrong which cau justify a resort to such a fearful
alternative. This ought to bo the last desperate
tojremedy of a despairing people, alter every otbcf
constitutional means of conciliation had bceri oi
Bnn haueted. We should reflect that under this free
tbe Union shall pens!., tbe evil may
reia.then become irreparable. Congress can contribute
much to arrest it. by proposing and recommending
to the Legislatures of the several Statss the fern-
.
In every foreign region of the globe the title of
American citixen is held in the highest respect,
land when prouounced in foreign lands, it causes
; the hearts of our countrvmen to swell with honest
jelusive proof that man is unfit for self government,
: It is not ever? wronir. nav. it is not cverv erievoui
c3y for existing evils vhich the Constitution baa
itself provided for its ow n preservation. This has
been tried at different critical periods of our bit-
lory and always with eminent eucceis.
It is to
be found in tbe 5'.h article, providing for its own
I amendment. Under this article amendments bave
been propoted by two-thirds of both Houses of
j Congress, end have been ratiabd by the Legisla
tures of three-fourths of the several States, ltd
bave consequently become parts of the Constitu
tion. To this process the country is indebted for
the clauio prohibiting Congress from passing any
law respecting an establishment of religion, or
abridging tbe freedom of speech or of tbe presr,
or tbe right of petition. To this we ere also in
debted for tbe biK of rights which secured lb
people against any abuse of power by tbe Federal
Government. Sucb were the apprehensions justly
entertained by the friends of State rights at that
period as to have rendered it extremely doubtful
whether the Constituiion could bave lung survived
without these amendments.
EXPLAIN THE CONSTITUTION.
Again the Constitution was aaiend'ed by tbe
same process after the election of President Jef
ferson by the House of Representatives, in Februa
ry, 1S03. This amendment was rendered necessa
ry to prevent a recurrence of tbe dangers whisb'
bad seriously threstened the existence of tbe Gov
ernment during tbe pendency of that leotion.
The article for its own amendment was intended!
to procure the amicable adjustment of the conflict
ing Constitutional questions, like the present,
which might arise between tbe Governments of1
the States and of the United States. This appears
from contemporaneous history. In this connec
tion, I shall merely call attention to few instan
ces in Mr. Madison's justly celebrated report, ia
1779, to the Legislatuie of Virginia. In Ibis be,
biy and conclusively defended ibe resolutions of
the preceding Legislators against the strictures of
several other State Legislatures. Tbeas wsre
mainly founded upon the protest of the Virginia
Legislature against tbe alien und sedition eels m
palpable, end alarming inftoetiom on the Cotftty
