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The daily true Democrat. (Little Rock, Ark.) 1861-1861, March 09, 1861, Image 3

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al constitution. Daring that period, fifteen
different and greatly distinguished citizens
have, in succession, ad n nistered the exec
utive branch of the Government. 1 hey
have conducted it through nnny perils,
an l generally with great succe.-s, yet, with
all tiiis scope for precedents, [ now enter
upon the same task for the brief constitu
tional term of four years,'under great and
peculiar difficulties. A disruption of the
federal union, heretofore only menaced, is
now formidably admitted. I hold that in
contemplation of universal law and of the
constitution, the union of these States is
perpetual. Perpeiu ty is implied, if not
expressed in the fundamental law of nation
al governments. It is safe to assert that
no government proper, ever had a provis
ion in it s organic law for its own formation.
Continue to execute all the agreeable pro
visions of onr national constitution and the
union will endure forever, it being impos
sible to destroy it except by some action
not provided for in the instrument itself.
Again, if the United States he not a
government proper, hut an association ol
States, in the nature of a contract merely,
can it, as a contract be practically unmade
by less than all the parties who made it?
(hie party to a contract may violate it—
break it, so to speak, hut does it not re
quire all to lawfully rescind it? Descend
ing iiom these general principles, we find
the proposition, that, in legal complication
the union is perpetual, confirmed by the
his ory of the union itself. The union is
much older than the constitution. It was
formed, in fact, by the articles of associa
tion in 1774. It was matured and contin
ued bv the Declaration of Independence in
'“177(1. It was further 'matured, awl the
faith of all the then thirteen States was ex
pressly plighted and engaged that it should
be perpetual.
Ily the articles of confederation, in 177X,
and finally in 17X7, one of the declared ob
jects for ordaining and establishing the
constitution, was to form a more perfect
union. But if the destruction of the union
by oir*. or by a part only of the .States, be
lawfully possible, the union is less perfect
than before the constitution, having lost
the vital element of perpetuity.
It follows, from these views, that no State, upon
it i own mere motion, can lawfully go out of the
Union—that resolves and ordinances to that effect
arc legally void, and that acts of violence in any
State, or Stales, against the authority of the United
States, are insurrectionary or revolutionary, ac
cording to circumstances. I, therefore, consider
that, in view of the Constitution and the laws, the
Union is unbroken; and to the extent ot my abili
ty I shall take care, as the Constitution itself ex
pressly enjoins upon me to do, that the laws of the
Union dull be faithfully executed in all the States.
Do. . . ill's 1 deem it to he only a simple duty on
nr. part, and I shall perform it so far as practicable,
uiib s i my rightful masters, the American people,
shall witiih .Id the requisite means, or, in some au
thoritative manner, direct the contrary. I trust
that this will not be regarded as a menace, but
onlv as the declared purpose of thiV.Uuion, that it
wili . ♦nstitirionally defend and maintain itself.
[u doing this, there needs to be no bloodshed or
violence, and there shall be none, unless forced
upon the national authoiity.
'I it* p « er confided to rae will be used to hold,
Occupy and possess the property and places belong
ing to the government, and to collect the duties
and imposts; hut beyond what may he necessary
for ti.i ie objects, there will be in. invasion, no
using force against or among the people anywhere.
When: hostility to the United States in any inte
rior locality-hall he so great and so universal as
to prevent c onioetent resident citizens from hold
ing the federal offices, there will he no attempt to
f ure obnoxious strangers among the people for
tha. ob; ■ . While the strict legal right may exist,
in : he g iventnv nt to enforce the e xercises of these
oiii. es, tue attempt to do so w mi l be so nearly im
piu ti r.b'.e, withal, that I deem it better to forego,
for the time, the uses’of such offices.
The mi!-, unless repelled, will continue to be
furnished in all parts of the Union. So far as
posdb'.e, the people everywhere shall have that
sense of perfect security wiiich is m .-t favorable to
calm thought and reflection. The course here in
dicate 1 will lie followed, unless current events and
experience shall show a modification or c!i inge to
proper; ami in every case ami exigency my best
discretion will be exercised according to eircum
sta ices actu illy existing, and with a view to and
a ltipe of a peaceful solution of the national trou
ble:, t!ia restoration of fraternal sympathies
ana affections. That|there are peisuns in one
see ion or another who seek to destroy the Union
at dl events, and are glad of any pretext to do it,
I will neither affirm nor deny, but if there he
siith, I need address no words to them. To those,
however, who really love the Union, may 1 not
spt ilc?
iij.'ore entering upon so grave a matter as the
de traction of our national fabric, with all its
u»' nones a;:d its hopes, would it not he wise to
ai'.stain precisely why we doit? Will you baz
ar! so dc.-pur.ite a step, wliileHhere is any possi
bility tit it any portion of the ills you fly front h ive
nt re il existence? Will you, while the certiin ills
. you fly to, are greater than all the ids you fly from?
U'id \oa i ,. k the commW^n of - > fe -rfut a tnis
tik ■•? All profess to bo content in the Union, if
ail tons itutionai rights can be maintained. Is it
Mil.-,'then, that any right, plainly written in the
Con- itu' ion, has been denied? I think not. Hap
p!v the human mind is s> constituted that no party
ct.’i i. i'll to the audacity of doing mis. Think,
if vou can, of a single instance in which a plainly
writ, "ii lijvision of the Constitution has ever been
denied.
If, bv the m^re force of numbers, a majority
should deprive a minority ol any clearly written
Co -lituf on.il right, it might in a moral po'nt of
v: ■ . j i: if-, revolution. I certainly would if such
ijghi ■. -re a vital one. But such is not "Ur ease,
flii the vital rights of minorities an i of ind vulua's
Ac so plainly assure:! to them by affirmations and
neg ill Hums’, guarantees and prohibitions in the
Constitution, that controversies never arise con
cerning them. But no organic law can ever be
framed with a provision specifically applicable to
every question which may occur in practicable ad
ministration. No foresight can anticipate, nor any
document of reasonable length contain, express
provisions for till feasible questions.
Shall fugitives from labor be surrendered by
national, or by State authority? The Constitution
does not expressly say. Must Congress protect
slavery in the Territories? The Constitution does
not ex; resslv say.
From questions of this class spring all our con
stitutional controversies, and we divide upon them
into majorities. If the minority will not acquiesce,
the majority must, or the government must cease.
There is no other alternative for continuing the
government but acquiescing on one side or the other.
If a minority in such case will secede, rather than
acquiesce, they make a precedent which, iu turn,
will divide and ruin them; lor a minority of their
own will secede from them whenever a majority
refuses to he controlled by such minority. For
instance, why may not any portion of a new con
federacy, a year or two lienee, arbitrarily secede
again, precisely as portions of the present Union
claim to secede from it? All who cherish disunion
sentiments are now being educated to the exact
temper of doing this. Is there such a perfect
identity of interest among the States to compose a
new Union as to pr iduce harmony only ami prevent
renewed secession? Plainly, the central idea of
secession is the essence of anarchy. A majority
held in restraint by constitutional checks and limi
tations, and always changing easi y with deliberate
changes of popular opinions and sentiments, is the
only true sovereign of a free people. Whoever
rej eets it, does of necessity fly to anarchy or to
despotism; unanimity is iinpo sib'e. The rule of
minority as a permanent arrangement is wholly
Inadmissible, so that rejecting the majority princi
ple, anarchy or despotism in some form is all that !
is left.
1 do not lorgct the position assumed by some,
that constitutional questions are to be decided by
the Supreme Court; nor do 1 deny that such deci
-ions must be binding in any case upon the parties
to a suit, as to the object of that suit. While
they arc also entitled to very hi ;h respect and con
sideration in all parallel cases, by all other depart
ments of the government, and while it is obviously
possible that such decision may he erroneous in
any given case, still the evil < IT. ct following it be
ing limited to that particular ca-e, with the chances
that it may be ovenuled, and never become a pre
cedent for oilier cases, can better be borne, than
could the evils of a different practice. At the
same time, the candid citizen must confess that,
if the policy of the government upon vital ques
tions, affecting the whole people, is to he irrevoca
bly fixed by decisions of the Supreme Court, the
instant that they are made in ordinary litigation
betw een parties in personal actions, the people will
have ceased t > be their own rulers, having, to that
extent, practically resigned their government into
the hands of that eminent tribunal. N< r is there,
in this view, any assault upon the court or the judges.
It is a duty from which they may n it shrink, to do
cideeases properly brought before them; an I ids in
fault ot theirs, if others seek to turn theirdi .1 -i u
to political purposes.
One section of our country believes that sla
very is right and ought to be extended, while the
other believes it is wrong, and ought not to lie ex
tended. This is the only substantial dispute. Tile
fugitive slave clause of the constitution, and the
law for the suppression of the foreign >1 ive trade,
are each as well enforced, perhaps, as any law can
I ever be, in a community where the moral sense of
the people imperfectl y supports the Ir.-.v . r>- 1.. Tie
great body of the people abide by the dry legal ob
ligation in both cases, and a few break over on each
I think that this cannot he perfectly cured, and it
would lie worse in both cases after the separation
of the sections than before.
The foreign slave trade, now imperil- -'1 --up
pressed, would he ultimately revived w: . r
striction in one section, while fugitive slave-, r -,v
only partially surrenderel, won d not be si ’-render
ed at, all l>v the other. Physically speaking, we
cannot separate. We cannot remove our re-’pee
I five sections Iroui each other, nor build an impas
sible wall between them. A husband and wile
may be divorced, and go out of the presence and
[ beyond the reach of each other, but the different
j parts of the country cannot do this; they cannot
but remain fate to face, and intercourse, either
amicable or hostile, must continue between them.
Is it possible, then, to make tli it intercourse
more advantageous or m >r ■ satisfactory after sepa
ration than be lore? Can aliens m ike treaties easier
than friends can make law s'? Can treaties be more
faithfully enforced between aliens than laws can be
among friends?
Suppose you go to war, you cannot fight always;
and when after, mu h loss on both sides, and no
gain on either, you cense lighting, the identical old
questions as to terms of intercourse are upon you
This country, with its institutions, belongs to the
people who inhabit it. Whenever they shall grow
weary of the existing government they can exer
cise their constitutional rights of amending it, or
their revolutionary right to dismember or over
throw it.
l cannot bo ignorant ot the tact that many wor
thy and patriotic citizens arc desirous of haring the
national Constitution amended. While Imakeno
recommendation of amendment, 1 fully recognize
the rightful authority of the people over the whole
subject, to be exercised in either of the modes pre
scribed in the instrument itself; and I should, under
existing circumstances, favor, rather than oppose,
a fair opportunity being a Horded the people to act
upon it.
1 will venture to aid, that to me, the convention
mode seems preferable, in that it allows amend
ments to originate with the people, themselves,
instead of only permitting them to take, or reject
propositions originated by others not especially
chosen for the purpose, and which might not be
precisely such as they would wish to either accept
or refuse. 1 understand a proposed amendment to
the Constitution, which amendment, however, 1
have not seen, has passed Congress to the effect,
that the federal government shall never interfere
with the domestic institutions of the States, inclu
ding that of persons held to service. Tp avoid
mist, msti notion of what I have said, 1 depart bom
my purpose not to sp-ak of particular amendments,
s i tar as to say that holding such a provision now
to be implied Constitutional law, I have no objec
tioii u> in being m ide express and irrevocable.
The Chief Magistrate derives all Ids authority
from the people, and they have conferred none
upon him to iix terms for the separation of the
bt ites. The people themselves can do this alone,
if they choose; but the Executive, as such, has
nothing to do wi|j|i it. Ilis duty to administer the
present government as it came to his han Is, and to
transmit it. unimpaired by him, to his successor.—
Why should there not lie a patient confidence
in the ultimate justice of the people? Is there any '
Jitter or equal hope in this world? In our present
litt'ereuces, is either party without liiith ot' being in
die right? It' the Almighty tulerof nations, with
us eternal truth and justice, be on your side oi the
North, or on yours of the South, that truth and
ustice will surely prevail by the judgment of this
great tribunal, the American people.
By the form of government under which we live,
this same people have wisely given their public
servants but little power for mischief, and have,
with equal wisdom, provided for the return of that
little to their own hands, at very short intervals.—
While the people retain their virtue and vigilance,
no administration, by any extreme of wickedness
or folly, can very seriously injure tile government
in the short space of four years.
My countrymen, one and all, think calmly and
well upon the whole subject; nothing valuable can
be lost by taking time. If there be an object to
hurry any of you, in hot In.ste, to a step which you I
would never take deliberately, that object will be j
frustrated by taking time; but no good object can
be frustrated by it. Such of you as are now ilia- i
satisfied, still have the old constitution unimpaired, I
and, oil the sensitive point, the laws ot your own 1
framing, under which the new administration will
have no immediate power, if it should so desire,
to change either.
If it were admitted that you who are dissatisfied
held the right side in the dispute, there still is no
single good reason for pie ip.tate action. Intelli
gence, patriotism, Christianity, and a firm reliance
on Him who has never yet tor. ,km this tavored
land, arc still competent to adjust in the best way
all our present difficulties.
In your hands, my dissatisfied friends and coun
trymen, and not in mine, is the momentous issue
of civil war—the government will not assi.il you.
You can have no conflict without being yourselves
the aggressors. You have no oalli registered in
heaven to destroy the government, while I shall
have the most solemn one to preserve, protect and
defend it.
I ain loth to close. We are not enemies, but
friends; we must not be enemies; though passion
may have strained, it must not break our bonds of
affection. The mystic chords of memory, stretch
mg fro it every battlefield and pialriof’s grave, to
every living heart and hearthstone, all over this
broad land, will yet swell the chorus of the Union,
when again touched, as surely they will be, by the
better angels of our nature.
Telegraphic.
Washington, March 8.—The commis
sioners held a conference this morning, and
agreed to postpone, for a few day-, their
communication to the President. This de
lay is to give Seward an opportunity to do
velope his policy toward the seceding
States. Senator Wigfall urged immediate
s■ *tinti, to allow President Davis to capture
Forts Sumter and Pickens before a reiu
i: nt could reach them.
Dispatch from Montgomery says, the
icvenue laws have been adopted so as to
avoid any prejudice to the steamboat in
terest .
It is understood Cassius M. Clay will be
minister to Mexico, and Emerson Ethridge
•>t Tennessee, is strongly urged for the
Spanish mission.
The army interest is opposed to the pro
motion of Major Anderson. Several offi
cial memoials have been made.
Sr. Dons, March 8.—The convention
i-dnv adopted an ordinance to transfer
certain funds to the government of the Con
federate States now in the hands of the
State.
St. Lons, March 8.— Resolution sub
mitted in convention for the appointment
of a committee to confer with border States
concerning the mode of keeping the wes
tern States in the Union, it is declared
i hat there is no excuse for coercion. The
State of Missouri will not furnish men or
arms for that purpose. The federal go
vernment is requested to withdraw the
United States troops from the seceding
States and surrender th • custom houses and
other offices in the seceding States to those
States. A national convention is favored
upon the Crittenden resolutions.
fist- The following awful sentiments are
published in the Independent Dmnocrat,
tiie organ of Mr. Berrv, the republican can
date for Governor of New Hampshire:—
“ None are more sensible of the terrible
evils of war than ourselves. But war is
not the worst of evils. In fact though an
evil, it is often the precursor of great bless
ings. In the history of the world it lias
so happened that almost all great events
from which have dated the progress of the
lace have been baptized in blood. The
gigantic crime of human slavery in America
may, in the Providence of a righteous
God, be waiting for a blood baptism that
shall wash it out forever. The cry of mil
lions of men and women going up, for Jong
years, to the throne of Eternal Justice,
may be about to be answered in judgment
and retribution. And to this end may
madness be sent into the councils of the
oppressor.”
Men entertaining such sentiments are we
to look to for redress of our wrongs when
we turn to the free States. Does any man
think we will obtain ju tice from them?
fiif- A. New England woman declares in
print that “Fanny Fern” has done more
to injure her sex and make men disrespect
them than any female writer since the
world began.
Relegates to tlie State Convention.
Arkansas County—James L. Totten.
Ashley—M. L. Hawkins.
Bouton—A. W. Dinsmore and H. Jack
son.
Bradley—Josiah Gould.
Carrol—W. W. Watkins and B. H.
Holtls.
Clark—Harris Fianagin.
Calhoun—Phillip W. Echols.
Columbia—G. 1'. Smoote and J. C.
Wallace.
Conway—S. .1. Stallings.
Chicot—J. II. Hilliard.
Crittenden—T. B. Bradley.
Crawford—H. F. Thomason and Jesse
Turner.
Dallas—Itobt. T. Fuller.
De-ha—J. P. Johnson.
Drew—W. F. Siemens and J. A. Rhodes.
Franklin—\V. W. Mansfield.
Fulton—S. W. Cochran.
Greene—J. W. Bush.
Hempstead—A. II. Carngin and R. K.
Garland.
Hot Spring—Jos. Jester.
Imhpemleucc—M. S. Kennard, U. E.
Fort ami F. \Y. Deslia.
izard— A. Adams.
Jackson—Jas. II. Patterson.
Jcflerson—J. Veil and W. P. Grace.
Johnson—F. I. Batson and W. W.
Floyd.
Lafayette—V. P. C'ryer.
Lawrence—M. D. Baber and Sam'l
Robinson.
Marion—Austin.
Madison—I. Murphy ami II. II. Bo
linger.
Monroe—W. M. Mayo.
Montgomery—A. M. Clingmaii.
Mississippi—Felix It. Lanier.
Newton—I. Dodson.
Ouachita—A. \Y. Hobson.
Pike—S. Kelly.
Polk—A. Raw
Perry—L. D.*Hill.
Pope—W. Stout.
Poinsett—H. W. Williams.
Pulaski—A. H. Garland and J. Still*
I well.
Phillips—T. 1>. Hanly and C. V .
Adams.
Prairie—B. 0. Totten.
•Randolph—A. W. Crenshaw.
Saline—Jebez M. Smith,
i Sebastian—W. M. Fishbaek and W. L.
| Griffith.
Scott—E.'Z. Walker.
Sevier—B. F. Hawkins and J. S. Dol
larhide.
St. Francis—J. M. Shelton and G. W.
Laughinghouse.
S earcy—J ohn Campbel!.
Union—H. Bussey and N. V. Tatum.
Van Bmen—J. H. Patterson,
j Washington—D. \\ alker, J. II. Stir
man, J. P. A. Parks and T. M. Gunter.
White—Icsse N. Cvpert.
Yell—W. il. Spivey.
G-AIETY THEATRE.
Teursday, March 7th, 1861,
A nd during the TTcclfc,
WOLFSTENBERGER’S PANORAMA,
The Mirror of the World!
PAINTED ON TWO MILES OF
CANVAS!
Price of admission as before.
Memphis and Arkansas Biver
/ Mail Line.
This line is com- r ^
POSED OF ENTIRE NEW BOATS THIS
SEASON, TO-WIT:
IZETTA, Vv'm. Windsor, Captiin.
CHESTER ASHLEY, Reuse Pritchard, Captain
LITTLE ROCK, Jenks Brown, Captain.
FREDERIC NOTREBE, R. I,. Haines, Captain.
CfTUE ABOVE BOATS have now entered
Jl the Memphis and Little Rork Mail Trade
permanently. They are nnr and first class passen
ger boats, built expressly lor the trade, and are
equipped and f urnished in a superb manner.
Their days for leaving Little Rock are Sunday?,
Wednesdays and Fridays at 10 a. m., and leave
Pine Bluff for Memphis on Mondays, Thursdays
and Saturdays at 2 o’ckck, a. u., connecting at
Napoleon with ReglUar Packets lor New Orleans,
and at Memphis with Regular Mail Packets for
Cairo, St. Louis, Louisville and Cincinnati, and
with Railroads for all points North, East and Wo
Sinai! bout* are running in connection with this
line from Little Rock to Foit Smith, Van Buren,
Ozark, Dardanelle and all points intermediate.
For further information apply on board the boats
or to JOHN D. ADAMS, I'roprietor,
or GEO. S. MORRISON, Agrvt.
March?, 1861. daily
Gazette copy and takeout old adv.
;.:p- HUY YOUR BEEF AT HOME ! Jg|
TUST REOE1NED and for SALE on
?t consignment for Cash, 60 barrels choice
Arkansas Corned Beef, guaranteed to he superior to
Beef from the North. Prepaied hy R. L. Am i
stead, Fort Smith, Arkansas.
GEO. S. MORRISON
March 8—dtf

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