Democratic watchman. (Bellefonte, Pa.) 1855-1940, December 13, 1860, Image 1

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,rllllll/11D AND PUBLISHED BY
N. §EELY &1. 8. BARNHART.
Terms of Publication
TERMI3 —81,60 eta if paid within three months
3200 if (Bayed six months, and $2,60 if not paid
within the year. These terms will be rigidly ad
hered to.
AD VERTYSEMENTE3 and 'Socials Notica inaort
ti at the usual rates, and very description of
JOl3 PRINTING
EXECUTED In the neatest manner, at the Ingest
primes, and with the utmost despatch Having
purohased, a largo collection of type, we are pre
pared to Wilily the orders of our friends
`fusintss pIUtIDYp•
115..J.U0 '
SURVEYOR. AND CONVEYA
• wicwon n. astAnt,
ATTORNEY AT LAW
DELI.I•.?UVTE, rit
(Moe in the A rcade, wow! floor
M N WALLINTIR JAMKR A OFAVICR
RUA ILLISTENI & SEA VEN,
Al TORN EYS AT LA W , ,
BILLLiroNTK,PKNN'A
1.. J. CRAMS,
ATTORNEY AT LAW AND REAL ESTATE
EIBEiI
=3
J AI4ISS 11. ItANNiN,
ATTORNEY AT LAW .411,
41151.1.V.Y0NTR, PENN 'A
Oflen, on the Dialliglid, one door went of the
Poet OfDee
"MEM 511. 1111bAllICIIARD, *
ATIVItNIEY AT LAW,
1110.1.1iPONTg, PICN'NA.
Oliee formally occupied by the lion Jamon Burn
side
J J. MAIM/. 111.,
SURGEON DENTIST
lIIILIALPoNTY., I ANTOIL to , PA
1♦ now prepared to wait upon all who may desire
Lis protraseiria/ services
Rooms at hts residence en tiprieg street.
=MEM
W14LIA111• WILSUN.
KANN i 111811.1110111
ATTORNEY'S AT LAW'
(Mee oh Allegany street, to tlio founding for
essrly occupied by ifutnes, McAllister, Halt A Co
Pstikers
JIANIBKOT V P
PROTOti It ANIS k LAO F.OTY
fakeo daily (except Sunday) from V to 5 P
BY I 8 LA t H ART,
I■ Si. splendid Saloon, in the Arcade Building,
Bellefonte Penn'a
pit. G. L. POTTER,
PHYSICIAN t SUIVIEON,
111.1111tINTL CSRI . IIII CO , r•,
Whoa on lliKh Street (old shoe 1 Will attend to
prnierniion•) calls an heretofore, and respectfully
offers his IPOTVIOCS to his frintida
as. J. R. MITCHELL,
Pll YSICI A. 4 A SUltil EON,
saittnron - rit, CIPTIIIIICO Ps.
Will attend to profession.) calls as heretofore, he
respectfully offers; his services to hie friends and
the public Office nest door to his residence. on
Spring street Oct 28 58- tf
Ills C tIIT , ffiELL 1111 . 1, T ALKXAMI , tit
NIPhuEI.L ac AEC X API DEN,
A Tir OR N E,YS AT LAW,
111.1,k1,1 , rt,
0534 In Reynold& Arcade on the Diamond
Ira C Mitchell has nuocialeti C T. Alexander
with hiu, in the practice of law, and they will
lira proinpl attention to all 11U11111C.01 and ruatad to
them in Centre, MlQim, Clinton ■nd Clearnold
count lee
J. D. VVIMIUATISt
RESIDENT DENTIST
OILLILIONTIR, CC, Eli 6CO PA
01506 and residence on the Nol lb EAAI Corner
or On DIMOOIIi. near the Court Muse
tom' Will be found a( his iiffiee .crept two w k I
11th month, ennnnenomg«utho Au t. Mutlll4y oe
Me month, when h will b 0 ewe filling pruferikinul
duties
RAPIKIPM HOUSE,
' WM. F ILEYNDLDS 14 CO.,
CISSTHIE CO.. l'A
Iln of exchange and Noten discounted COi
iOOtIOPI made and proceeds promp_ tly remitted
Interne paid CHI /flee./ deptisits nschange iii the
assort cities constantly un hand for sal. Depos
its recol nett
11=1113
A la 1'IP117)4 ,
DEPOWIT %PIK,
111311 ES, 51vALLISTER, HALE & CO
I
Deposits Received-- Ellis of Exchange anti Notts
I/tormented ute rest l'ani On Special baptism]
Colisatains Made, and Proceed( Remitted Prow pt•
y —lixoltarage on the Earl cower/110y Oil hand
lE=
ATTORNEY AND COUNSELLOR AT LAW
6ELL6YONTF, PRNS'A
Wdlprsatice his profession in the soveral Cuurte
of Centre County, All business intrusted to hue
Will be faithfully attended to Particular attention
paid to aolieetions, and all monies promptly re
milted Can be consulted in the Cerium) MS we))
ip in the English language,
Office en High It , formerly occupied . by Judge
Burnside and NY C 4 Boal ' Bag
J. & SV A DIACIIANtIe,
ATTOUNJYS AT LAW,
1161.1.1P0NT6, PA
James bison:Lana has associated with WM' fr
bisemanus i Est{ ,in the practice of Law Pl'efes
atonal business Wrested to•their oars will repoive
prompt attention They will attend the several
Courts In the Counties of Centre, Cliuton'aoti
Clearriehl.
Moe on Allegheny etreet in the building for
El or I y onouptedby Lino 14 'Wilson
W. P. GREEN,
DRUOUIST.
11/11.,LNIPUNTS, PA
WOCMCNAL.II AND RETAIA DIALER IN
Drugs, Medicines, Perfumery, Paints, Ott, Var
wishes, Dye-Stuffs, Toilet Soaps, Brushes, Bair and
Tooth Brushes, Nance and Toilet Articles, Tl'loBols
hod Shoulder Brunei Benton Seeds
Onatoinois will And toyit oak complete and fresh,
and all sold at moderato prices
Or'Barmers and Physicians ow the country
are nutted to Damning us), stook
oucuituo u note
SKALD & HOW,
ATTORNEYS AT LAW,
1161.1.10'00176, PINpOA.
Will attend promptly to ell business ontweered
their gore. (Moo in tho building formerly woe
pied by Hon. Jos T hale
A CARD.
Mama laws S My will ettond to my business
dirriuKmy &beano° in Congress, and will be AS
rioted by me In the trial of all Osumi apt rusted to
them. JAMI6II T. 14AL■ '
December 11, 1809
FARE REDUCED.
STATES UNION HOTEL,
606 1 608 Market Street, above sixth,
PHILADELPHIA, PA.
G. W. SIMMS, Proprietor
",441{1111:—./ 15 reit DAT
LAST ANNUAL MESSAQ-A
JAMES BUCHANAN,
PRESIDENT OF THE DNITtD STATiti
Fri,),Oie-Cfrirrhs ot"rtir, Sr,Nvre AND
!loess: of llleinno.d .'TA liv Es.--Througlamt
the yeer enter, nrr last meeting. the country
has Lien eminently prosperous in all its ma
terial intermds, The go•ierad health hue
been oncellent, our ilitrvest has been abun
dant, and plenty !mu 6 . !! theiglidat the land.
Our commerce and manufactures have kitten
prosecuted with energy and industry, and
have yielded fair and ((triple returns In
Short, do nation iii the tide of time has °Vol'
presented it spectacle of greater material
prosperity than we hat o dune until within
a very recent pct d.
Why in it, then, that disemitentrnow no
eXtensitely prevails, and rho Union of the
States, it the source of all these
Illest,ings, is threatened with destruction ?
The long-continued interference' of the
of the Northern people with the question of
slavery in the Southern States has at length
produce I its natural efrocts. The different
sections of -the Union aro now arrayed
each other, and the titne has arm
ed, eo mush dreaded by the Father of his
Country, when geographical parties Mite
Item limped I have long foreseen and often
forewarned my countrymen of the now Im
pending danger. This does not proceed
solely from the claim op the part of Con-
gross or the territorial leginkftturen to exidu)e
slavery hum the Territories, ri‘ r runt the
efforts of different States to defeat the exe
cution of the Fugitive Slave Law. All or I
any of these evils might have been endured
by the South without danger to the Union,
tile others hate been,) in the hope that tone
and reflection might apply the reniejiy., The
immediate peril itrieee not so much troll''
these causes as from the feet that the.inces
sant arid violent agitation of the slavert
quer,tunn throughout the North for the last
quarter of a century, has at length moan,-
ed its malign influence upon the slaves, Anil
!inspired them with vague notions of free-
doin. Ileime a sense of security no longer
exists around the family altar. This feel
sing, of peace at Inane has given place to ap
prchensione of servile insurrection. Many
matron throughout the South retires at
night in dread of what may befall herself
and her children before the morning,—
Sholdd this apprehension of danger, wheth
er real or imaginary, extend arid intensify
itself until it shall pervade the masses of
the Southern people, then ditlllllloll will be-
come iueutublc. Serf preservation de the
teat IS% 01 tremor,,
in th e heart of Man by Ins Creator fur the
wisest purpose ; and no political union, how
aver fraught with blessings and benefits in
all other respects, can long continue, if the
necessary consequence be to render the
Minion and firesides of nearly half the par
ties to it habitually and hopelessly insecure.
Sooner or later the Monde of such n r mon
mind be severed. It 18 my conviction that
thin fatal period has not yet anted, and
in) prayer to God is that 110 would present!!
nine Constitution and the ()non throughout
all generations,
Ilut let us take warning in time, and re
move the cause and danger. It cannot be
denied that for five and twenty years, the
agitatinno at the North against slavery in the
South has been incessant. In I s:tri pictorial
handbills, and inflamatory appeal,' were cir
culated extensively throughout the South,
of a clottacter to excite the n1. , 1.,101 of the
I !lures, and, iti the language of Gen Jack
"US stimulate them to 111hIlroil.11011,
and produce all the horrors of a servile
w a r " Than agitation has et er since been
continued by the wildly pre..., by the prO
CP(4111114,1 Of State and county COTIVallnOll4,
and by abolition nermons and lectures. The
time of Congrose line been occupied in tio
lent speeches in tine never ending nuluect ,
and appeals in pamphlet and ether forms,
endorsed by distinguished names, have been
sent forth from this central point, and 'internd
broeilcast over the Union.
How easy would it be fur the America.
people to settle the slavery question former,
and to restore peace and harmony to this
distracted country,
and they alone, ran do it All that
14 necessary to necomplish the insect, 111.1
all lot- which the slave States lin‘e ever con-'
tended, is to be let alone, end permitted to
nutesge their domestic institmimis in their
owe ev,: sovereign States, they, and
they Oahe, pre reeponsponsible before God
and the orld for the slavery exiiitimg mining
theta. For this the people of the North are
not more responsible, mint have no More
right to interfere, than with similar inetim
wins in ltuesia or ittrazil, Upon their good
sense and patriotic forbearance I confess
still greatly rely Without their aid, it is
beyond the power of any President, no mat
ter what may be his own political proclivi
ties, to restore peace and harmony einem;
the States. Wisely limited. mil restrained,
RN iv his power, - under our Constitution and
laws, he alone can accomplish but little, for
good or evil, on such to momentous question.
And this brings me to observe that the
election of any one of our fellow-citizene to
the office of President does not of itself
afford just cause for dissolving the Union.
This ie more especially true if hie election
has been effected by a mere plurality, and
not a majority, of the people, and has result
ed from transient and temporary causes,
which nifty probably never occur. In order
to justify a resort to revolitti mary resist nnee,
the Federal Government must be guilty of
"a deliberate, palpable, and dangerous ex,-
(wenn)" of pow ore not emitted by the Con
stitution. The late Presidential election,
however, hits been held in strict conformity
with its express provisions. Ilea-, then,
can the reealt justify to revolution to Destroy
'this very Corstitution ? !teasel), justice
to regard for the Constitution, all require
titat we shall' wit for seine overt and dun
gorous net 00 the part of the President
elect betbre resorting e suctr - tmmeily,
It is said, however: that the antecedents
of the President elect have been sufficient
to justify the fears of the South that he
will attempt to invade their constitutional
rights. But are such apprehensions of con
tingent danger in the future itullieiont to
justify' the immediate destruction or the
noblest system of government ever devised
by mortale? From the very nature, of his
office, and its high responsibiltiem, he must
necessarily be conservative. The stern duty
of adrginistering the rag and complicated
LEMEMI
BELLEFONTE, CENTRE COUNTY, PENN'A., THURSDAY, DECEMBER 13, 1860,
concerns of this Llovernment affords initrelf
a guarantee that he will nut attempt any
violation of a .clear constitiitiowil righte
After all, he is no more than the chief exec
utive officer of the UovernmeiJt. nis pro
vince in nut to make, hut to N(eglito, the
laws ; and it is it remarkable Cult in our
history, that, notwithstanding the repeated
efforts of the anti shnety party,
act hos ever paNsed Congress, unless ion
tnny possibly except the Nlissouri Com
promise, int! 111 the n 1 teat degree,
the rights or file 5,,,,th to their propel ty ill
slaves. And it may nine he oliserved, judg
ing from present indientions, Ilia( no possi
bility exists Of the ps.-age of sushi nit mil t,
by a Innjority of both liouses, either in the
present mr the next I gt ese. Sorely, tinder
these eireilinstanees, we ought to Ile re
strained firm present netioll by the precept
of Ilim xhn awake an aster man spoke,
that "sufficient unto the day is the evil
thereof " The ,lay of evil may meter curve,
1/1110t0I wu shall rashly bring it upon our
selves,
Itia alleged 11:4 one raii,e for innnediare
Roce.fiion that the Seethe' a State', o re denied
equal 15/111 Il.r other StitteN in the
eon a un t l'etritortee. Iliit by what inithorit V
urn theke dented? Net by ~'oa~irer, which
has lies or par.ed,' and I digieve tie% or will
1,1` , . any net to eNclit.lo 6l:nrty from these
'l'rri t rot and e e l Loa) , not by the to
prione ('curt, which ha 4 Ml,ll.ltltliy del'ided
that .nacre are property, and, like alkother
prepto-ty, theit ownerti have a right to take
then) into the common Terriiiirieki, and held
them there under the protection of the ron
utitution.
So far, then, as Congress is corie,eritod, the
object out iv not to anytlimg they li.tve already
lone but to what they may do hereafter.
It will sorely be admitted that this appre
lienston of future danger is no good reason
for an immediate dissolption of the Union.
It Is true that the territorial legislature of
linos:of a the 23.1 of Felirtitiry, 1860,
passed great haste an net, ill vr the vitto
of the Governor, dui:luring that alai cry "is
and shall be, forever prohibited in this Ter
rttory " S t lell t an act, hoe ei er, plainly
i itilto log the rights .if property secured itY
the Constitution, will surely he declared
sol d by 'the judiciary wheitei et it shall be
i.resentexf in a legal form.
(Mk three days after Inv inauguration
the Supremo Court of the • United States
solemnly adjudged that this power .ii.i not
exist in a territorial legislature. Yet such
has been the factious temper of thle - macs
that the correctness of this de, ~.n.,- has
been extensively impugned 1...f0r0 the pim
ple, and the question has given rise to angry
polttical conflicts througotit the country
Those who have appealed fr.lll thin :111.1g,
to popular assemblies a nuld, if limy cook)
invest a territorial legislature. is Hi power
to annul the sacred rtgltta „of property
This power Congress is ef ',resell forbidden
17 the Federal l'otistitution In, exerro.e
' , very State legislature in,the I mon is for
bidden by its own constitution to exer. 1... e
it I t eiwili tit, Le exercised to .lily State
except by the pe.,1111. 111 their h...4liest sin
erele II en pa ei I y Is tom framing. or ; unending.
their State eliteitittitieli In like manlier,
it Call only ho exercised by tile fit , file i , i II
Territory represented to a eon,. linen 111
delegates for the purpose of (rant:lig a c..,1
stitution preparatory to adinissmit as It State
into the Union. Their arid not until then,
are they invented with power to decide the 1 1
question whether slavery shall or shall not
exist xflititin their limits Thts to an in tof
1 sovereign authority, and not of subordinate
territorial legislation Were it oth.gre i.e,
then indeed would the equality ..I the State.
In the TO'fltiirleit Lc itestrii ) iiii, Witt the
' n rS t se of property 111 ItilirLS Is cull lielieeilr
not 1 1 111111 tile pi:Willie(' of the ('neat it tit ion,
but up m the .hibili t t, wit9ortites of an 11-(e
rii.otislblt• territorial legislattiri• Such a
doctrine, from im intrinsic llTlNialliellittliS,
Icannot long 11111111.1 We ass e ..a.ideralde put ,
t ion of o ur pe o ple, mut II kits 01111 It afford
a good reason for a dissolution of the Union.
'flit. most palpable I,IOIOIIIIIH of I . ollMiltll , ll,
al duty which have vet heiiii commit teiLeiiii
sist in the stets of ditereiti t . ) ;state legislatures
to defeat the execution obe fugitive slave
law. It ought to be remembered,*ureter,
that for these acts, neither Congreii low any
'resident can justly be held respiinsible
[tying been passed in violation of the Fed
oral l uunUuu i un,they are therefore null
and void. All the courts, both State and
National, below whom 14fif question loot ens
en, have film the Legtnniiiglet' hired the fu
giti,e slave law to be constitutional. The
single exception is the' of a State ehillrl 111
; 111141 thin bun not only been re
versed by the proper appellate tribunal, but
hex met With vurh I.llliVifT,lll
that (here can lie no danger from it at 11
precedent. law has
been established over and finer iwititi by the
Supreme retort of the United States with
perteet unanimity. It is funndcd upon an
express provision of the Como it num), requi
ring that fugitive slave,, who escape fi ion
service in one Stare to :mother shall be "de
livered up " to their nuoxtrrx Withoutlllll4
provision it is a well known historical fact
that thwVionstitutiou Itsel f could neve, have
been adopted by the 01111'W16011. 'ln one
form or other under the acts of 1793 and
ISM ) , both being substantially the same, the
fugitive - slave law has been tie law of the
land from the days of Whashington until
the • thee, then, is clear
case is presented, in which it will be the du
ty .01. the mixt President, n,,it has been my
OVIT, (0 sot with vigor in executing this su•
prelim law against the coinfleting enactments
of State 1 1 / 4 iidatures. Should he fail in the
peefortiotrieg of this high dory, lie will .then
tiny() manifest:4la disregard of the Constitu
tion at. l hose, to the great injury of the peo
ple id ' nearly one-half of the Union, • lint
tire \rel.. pieMiliin in ndrnnco that he will
thus ihdatn him duty This would be at
vial with eve!) , i tinciple of jui.tice and of
(:hu+ilea charily. Lotus wait for the overt
:'t. 'l higitive slave laW has been car
ritol into execiitien in every contested case
HIM if the the present 101-1,
1 , ministration; though often, it is to he re
gietted, with great loss and iiiconvetiirce to
she the least or, and with considerable ex
pense to the government. , Let us trust, that
the State legislatures will repeal their un
cimstitilt tonal and obnoxious enactments.
I)iile, this shall lie done Mitholit • nimeces
ithrt delay, it is impossible for any human
power to ileve the Ilitiim.
'she Kmrheril States, standing on the ha
t tis of the Constitution, have a tight r;
mend this uct of justice from the States of
- • • .ir,
the North. Should a refused, tidal the Coil ,
stitotion, to which nil the States pre parties,
will have been willfully violated by one por
tion of theta in a litmiaiun essential to the
li f 11110.41511 security poi/ happiutios of the re
mainder. In that.avent the injured States,
lifter hating first used all peaceful and coll
litiball,lll 111011115 to 01)11611 redress, would
lat j and in YOVldutirmary resistant:a to
the linernment of the Fedor,.
I ate purposely confined my remarks to
rut li utionitry resitittnee, been:use it bus bee I)
clam ..I a Itidn thlSJast two years that way
State; whenever tiiis shrill be its itivereigit
will and pleasure ts nmy secede front the I Il
ion, in aecardanes4, with the Constitution,
and without any ylohttion of the emistitti
(tonal rights of tit,:Other menthols of the
Confederacy. T 1 h .1 each became patties
heron the nion by t w
vote of its on people
l
assembled ;tribe' rivetitiom'so any one 1,1
(0
theta may retire fralui the Union in in tomilar
mariner by tire volt of such 11 000%0060n,
In order to justi 7 SoCer)sloli Fin A ittlOl6lo-
tlitlial remedy, it 6 u.i. he on the prim, pie
that the Federal overnment is it meat ioh
untery too,tietatiomue State., to be )11 , holit.)1
lit li/ensure 113 ant 000 0( the vitutriit•tritg
parties II this bSO, th e 0111111111'11l, V o, n
rope ~f •;111 , 1, to 11 penetrated nod di, de
ed lira :A
) the lird tee 151101) 0f 11111,10• ottili
10
i
0 111 not 111 . the'
our lorry Hiles g 10., nifty le.,lte tioo,
selt et tot, 104 malt petty, jarrow, nod bas
tile repo'bes, eas one retiring limn the
r:itimi, a about relousibility, it he tw eer our
sudden excitemen might impel th,. iii to noel'
It coarse Pry this pr reelsit 1 aeon might
be entirely broken into fragmentr tit a lew
a (tette+, which cost our forefathers many
yearn iil tutu privett.ion, and blood to youth ,
Inch
Sue!) it pritteiple it Wittily inetund , tont %sit')
the history as well its the ehartietet ..0 the
Federal Constitution. After it aa- flamed,
with the greatest eau., it wits imbiiiitled
to cob t etdamm of the, pet, le lit Me torn 111
SO I IE, for itittlflettiOn Its proviso., \sere
tilmelitoioll lit length in these bodies, compos
orb of the first mutt of the country. Its 011.
Ironclad contended that it contorted potters
upon the Federal “Gotertiment da,,,:erour to
the tights of the States, whilst its 1 0 1,0 0 titire
maintained that under a fair eomtroetos, of
the iii.drunieut tliere•wce Ito Inundation fur
i stieltapprehensioris la that niiglo 0 strug
1 Ale between the first intellects of ib i s or
say other country, :t peter occurictl to an t
unlit 'dual, either among its 01410iteill). itt
t , ,
ittivocitte%, 101 assert. o r etch til litlittitite,
that their eftorts 'a ere all NMI) 1,11.0 r, 1..•
)11,00` OW 111 , 111 CIA that. airy St..te fl4l her
t•elf aggrieved shatn , gitt secede to In the I I,
inn. What 11 Crlaillitig iirgurnOla a, old 11 , 1.
bate proved whist thot„e who dreaded
thlturtOrei..irrtt.li "t"onslitti , ion. ~ i l, ans...
is, that it man not until ninny ) eiit .1 idler
tift.1,1112:111 of Elle 1. .44'U) (:)1,1 erlllllll/ t that
Slneb in poporoilon was hest :16 an, VI) it
Inns then tact nod refuted by the etmelti 01e
Ilrglinii`lttekoi i'wurral Jitelt,m.:li 'il,l 111 11.
1111'4.1ge 1.1 11,th January, IS::i transmit
' hog the nolldsing ordittatiee of . crib Caro
,
lino to 1'0t, , ,,,., eMp)orym the 101 l 4volg lon
l ,fultge " . 110e rtglit of the veaple,l a, stogie
':,lalt; In 111.,,,1,t, thelliselA PM 11l M 111, ,11111
'', %, iih,ill time t.Pll•ellt Or the rest of the , t ties,
lnom 11)10r 1/1 ltt .i/ii`lllll obliglit 1,1 ." .11”1 :NI/
ard the liberty notilinviritac,m ,m 1 tla. aid
-11,,(14 c.ittl,n,tig this Union, calm .1 I e He
lkilovt ledged :' , OOl IWO - Jot - iv is beket cd to
,be utterly repugnant both to the ppm iples
ii; en %limb lb tleneral thirerontent I too
~ stowed and it tlio-Ltlrjects which it II 114 I'o
pre,,ly furine to attain."
It in nut pr tended that asp , 11110, 111 i lie
Ciill , lltlltl.ol gi,,es countenatiee I ..tielt :t
theory It n altogether found:do:. n 10.7
• , not /111 any hang,tiag) cytelana')) in
fire iliO• • Jellt Itself, but !rota - 11:e iou i t
t
eign tl el, r a 1110. t;evarai Sluts by
which it , ratdied But is it Le% otul the
pm er u hate, like, an null, I.loal, to
)1)411 a fa)r ) ))r •its sovereign I:ght to '',., P
-1.0 r e the teManeler ? In the language, ol
!tit - Madn•ozo, tt ho line lien called the Int het
1 o f the Cu:ea:tutu:lt : "It Willi honied by the
States that :•, by the people Jui ea: in :A (be
States. m tiro!, hi: their lughent 111,1e1 rlgit ea
, ;away , and lurined consequently the same
authority VI lunch formed the State einiotti
tilluat "
"Nor is the Government of the United
States, created lie the Constitution less a
iovernmvut w tfie strict sense or the term,
within the sphere of its powers, than the
governnu nts created by the constitutions of
the State, are, within their several siiheiei.
( is, like them, organized into legisbit've,
executive, and judiciary departments It
operate s, like them, directly on persons and
things . and, like there, it has at command
a physical lON r fur excedting It ers
committed In it
It was intended to he perpetuabil. awl
not to be annulled at the pleasure of any one
o f th e c o ntiiirung parties The old articles
of confederation were entitled Articles of
C o nf e deration and-Perpetual Union between
the states ;" and by the 1:Ith article is ex
pressly it Timed that '' the articles of this
ConfedenAion shall be iiiviolahy observed by
every State, and the Union shall be perpet
nal." The preamble to,the Constitution of
the Unit4.l :•ltates, barn* express reference
to the arttrb•s of Coutelleration, recites that
it was established "m order to torn a more
perfect Union " Anil yet it is contended
that this •' inure perfect Union 7 dors not
include the essential attributes of perpetu•
ity.
but that the Union was designed to be per
petual, appeals conclusively from the isiqure
a , td extent of the po Ners conferred by the
Constitution on the Federal Government--
These powers embrace the highest attributes
of national sovereignty. They place both
the aw
?I
and the purse under its control.
Cohgre has power to make War i and to
make eace ; to raise and support armies
and navies, and to conclude treaties with
foreign governments. It is inVefitoti with
the power to coin money, and to regulate
the value thereof, and to regulate commerce
with foreign nations, and among the several
Stateottws-lt is not necessary to trutnerate the
other 'high powers which have been confrr•
rei upon the Federal Government. In order
to carry the enumerated powers into elect,
Congress possesses_the excllsiae right to
lay and collect duties on imports, and in
common with the States to lay and collect
all other taxes.
Bet the Constitution has not oply confer
red these high Rowers upon Congress, but it
has adopted efleettial means to restrain the
States from interfering with their exercise.
For that purpOsd, it has, in strong proliipi
tory language, expressly declared that no
State shall enter into shy treaty, alliance or
confederation ; gra it letters of manioc and
reprisal ; corn money ; emit hills of credit ;
intike.any
,thing but gold and silver coin it
tender in tiayment of debts ; pass any hill
of attainder Cr pristfortn law, or law impair
ing (he obitgatput of contrails." Aloriover,
'without the rtilient pl Congress, no Slate
shall lay any ipposts or duties on
ports or ercpr rts. axedlit what nifty
lirrily necessary-for uxecutiim
;" and, if they excei it this amount,
the excess Flin II belong to the 1 niti d Fi 5!(..4
And —no State AA, without the Lcoetent
of Congress, lay„any truly of Itinna.4l 7 : keep
trtuips or ships it a ar. nl titer of retire ; P3l
- No nay age( nn ut or compact with au
other Stole, I.i is 101 a foreign power ; or en
gage actually invaded, or in
such itnturitent Langer as will hot admit of
delay,"
In order tdl fin iher to secure the ',too
(eremite(' exer -Pot bf these high l tiers
against State 1101 rp0411.1011, It Iti provided,
*has Itignstiturti.tu and the lan of the
I d State,wldillt shall be made in purse
nni`e lliereor : and all treaties made, of
which shall to node, under the authority of
the 1 lilted Si ittc , , ...hall be the Sllpreltli.• Itsw
1.1 the land , mitt Ille page.% n, t•oi ly .tale
shall lie hound I het 11l the 1
,111 tit liey "qate cent fa
"
'not solemn sattetion of tt•lthtott has been
superstalei to the obligations of otlicull duty.
and all settatot s and trio eseotativt 4of 1110
1 1 111 , 011 States, all tnetntan , , of Slate Lugisla
11110a, an.l all r\tt ~tive and judicial olliv(qa
••both of the J 'out States soul of the several
States, tih,dl be lruuncl by oath or Ilflirtila•
lion to support this Constitulanti"
In order to carry into t IT m t these pliweis,
tile Constitution has established a perfect
(loveinnient in all its forms, Legislative, Ex
ecutive and Judicial : and this thivernment.
to the extent of its power+, acts directly
upon the individual citizens of every, State,
and executes Its owlllleerces by the agency
its own officers In this ri spi et it (biters
entirely (loin the t romilit under the old
Confederation, which tens confined to mak
ing tiquisitiOns on the Shin., tit their soy
erelgll character 'this I, ft it in the discre
trim of each whether to obi or to rt fuse, and
they elicit de( hired to comply with such re.
(pushily. Tt thus becalm iit Cl. , Sriry, for the
VIIIVOSC Olw ler and •• lu
order to nom a mote lit if. ei ("nom " to is
talilish a I;ovoiiiiiient wloch i•oulil act dt
met') 1111011 the peopli, nod eXt.4.llle Its owe
laws WlthOlit the Interim Mate agency of the
Stalls, This has been 3 ,4, 10 1,1,1,d by the
COI,(101(11111 Of (lie limb it States '
In short the Goveintnent Irutttd by the
C.,o4(litatioti, and diming its antlanity from
the sovereign T cople o f ern I) of the stmeral
cow its power over the pi olio: of an these
States iti the imolai:rat,.d ewes, that each
one of them piss( sees oter subject, not del ,
egatesi to the United S':lteS, but "rl yerved
to the States respective, or to the people,'
To the exit to. or the gated po,Oyrs,
the Conalitutioo of the I lob and State; is as
much x part of the constitution of each
Slate, tin binding upon sty prople, as
tilt/Ugh it had been textually insetted there
'flits tlovt rnment, tht•refore is a peal and I
pots eiful I, ivet non tit, tuvrsli it with nil the
nti limbo of sovereignty over the special
nut ,its to which its atiihon ty extends Its
fra t r never intended to implant in its bo
som • seeds of its ow it destruetion, nor
were th at its creation guilty of the ab
surdity 0 roviding for its own dismdotion.
It st as not intended by its !millets to be the
baselt SsS aline of a vision, la Inch at the
hutch of the enchanter, a ould vanish into
Ou ! air, tut a substantial and [nighty fabric,
capable or r t sst iw decay of Umu
and o f defy mg, the storm, of ages Indeed,
will may the jealous -, pa tiihin r•f that day
have indulged fears that a got i•rotinent of
silt l i high powers ought violate the received
right , of the States and it finely did they a-
dopt the tide of .1 oil in COIIIIIIIOIOII, of tilt se
poweis to prevent. the danger' But they did
not fear, our had they any reason to imagine
that the Constitution would ever be SO Inter
rensd nit to enable :thy State, by her own
net, and w•thout the consent of her sister
States to discharge her peoplh horn a:I or
any of their Federal obligations
It may be asked, then, ate the people of
Ile States without redress atntliod the tyritii
ny and oppression of the 1", &rat tioverti
own{ f Ily no melte, The a iglit of rt.mis
tame on the vett of the governed agaiii,t the
oppres,ion ui Ole governinet.: cannot be de
oust It , %Ista independently of all I.OllStl
- a•St huts m cii earrrlSCd al all pet ittds
of thg,,,vorld's history Under it old gov
t
ttnents have been destnij ed nod iti"v ones
hate liken thsir place It us einbodie d
otig and cap ss language titir Dee
at ittion of Ind, pt iitienee But the distitic
tion must e‘, r be iikerv,ll, (lint thus Is 11 I.
olution se:1111,1 an •Anthsli, Gov," unii id,
and not n v o ltintatj seei.•.niii from it by
viitue ill an ndi. Rot vow.' rnii..tt.tl tight. In
.hurl, It.t us look the t lilt ly iii the
fais• StSessroti is ncuh, t mote our less than
revolution. It may, or it luny nut he, jus
tifiable revolution, but still it is revolution
What in the tittointittit• is the re , porisi
bility aryl true position of the Executive (
lie is bound fly suit Inn oath hero , e Ilud 1111.1
the country, "to take 'arc that the In ws be
faithfully t vecattd,' : and flow 16is oblige
lion hi, cannot he absolv,d by any Minion
rum tr. But what if the is rforinance of this
duty, to st hole or in Flit hit, he, it r, ttdcred
imp activa iile,li) events ° Nei %Inch lie could
have exercim.,l no control f Such, at the
present tnoinent, is the rasa tiunughuut the
State of South Carotin'', so far as the laws
of the United Statist to secure the minium,.
trillion of donors by Olean, of Ole Pc &rill
Judiciaty art , ciowerned All the Flllrral
Qinellra IA 101111 its lends, through whose
ageney•alone these laws can be t an OA tutu
execution, have oh ead resigned We no
longer hat e ., it district ,Judge, a 41 , d riot Ilor
tiny, or a martilial, in South Carolina In
fact, the n hole machinery of the F, th.ral
Goveriino it. necessary for the distribulton
of retnedial justice among the people tits
been do tnolished ,and it %mild be difficult,
if not impossible to replace it.
The only acts of Congress un the ;statute- I
hook, hearing upon dm subject, al'e those of
the 28th February, 1 . 4.5, and 3d Mardi,
1808. These authorize the President, after
he shall have ascertained that the marshal
with tits pose ronislatts is unablelo execute
civil or criminal precool in any particular
case, to call forth the militia and employ tbo
army and navy to aid him is performing this
service, having first by Alroclamation
mantled the insurgents - to disperse and ‘re•
tiro peaceable to their respective abodes,
within a limited time." lilts dul.y Minuet
by possibility he performed in a State where
no JAM mo I authority exists to insure process,
and where there is no marshal to e xecute it,
von! 0 here, even if there ,were such an Mil
eer, the claire population would constitun
one solid combination to resist MM.
The hare enumeration of these provisions
poxe how math quate they arc without fur
Sher legislation to overecine It united oppost
lion In 0 single S . ate, not to speak of other
Status who may place theinKelves ill a stint
lay attitude Congress alone has iinvier llt
ductile %%nether the present Jana Call or cs»-
not be amyl did so as to carry out n e t f
ft comity the objeets of the t'onstituti
'Hie MUIR' ite.tilieratile obstacles t lie
in the %%ii.% of executing the laws for lie coi
n coon of the customs. 'I he revenue still
mutinous to he collected, nc heretofore. at
the custom,. house ni Chat leston ; and rdioulit
the collector unfortunately Pri)gli, a success
nor may be appointed to Perform 11118 duly
Then in regard (tithe property of the Unit
«1 States in South Carolina This tuts been
ploollased for a fair equivalent, “ti'y the
consent of the legislature of the State," for
the election of forts, magazines, arsenals"
Sr . nod over these the atithotlty to exer
rise ext lii for I , gOilnliOlC has been tApfc , t-
IY g',"th.,l Ly the Io Cotigro,u.
It is 1101 bilnvcd that any nttt MIA Bill lio
made to ' , Cp. I the United Slat..; from this
prop. rty by fl•i,•1. ; but if in this 1 should
prove to be itmoid.em the officer in command
ofthe fart., liar received order 4, to act strictly
nn the thlet. , nve. In stir!) 11,4menting.'ne;,
the rt,Bl,oll , lhility for enlist quenves
al% avit %ill' ethisumt socetaii It is to be
nn I found in the fifth article providing for its
Apart froth the exec:llion of the Irma, on Otto nnomilinient 1 oiler this article amOnd.
far its this may lie practicable, the Executive I melds haveksm prep,. two•thirds of
has no authority to decide what shall be the both 'loosen ~r t 'ottgr, , ,,i and have' been "rat
relo loTis between the Federal floverittnent idled by the Legislator& sof three fourths of
and Sollth Carolina. Ile has. been invested tlfe several Slati.e," and consequently be
with no such disctetion. Ile possesses no come parts of the Constitution. To this
power to change the relations heretofore ex process the country 1,10,111,1cd for the clause
Is t log betwkk n 110 m, much lens 10 arhOOWI- Pr./nit/ling Congress front ' , twang any law •
yage this tudtpimdciice of that State. ' rest,. cling the t stableiliinent of religion, or
Miultl he to ins eat a there Executive officer' abridging the freedom ol -.pets* or of /Le
ith'i he ism, lof recognising the dissolution , loess, or of the right of petition. To th i s
the Confed e racy among our thirty three we are also indebted for the ISM of Right 4
sovereign States It bears' no resemblanc to aliteh secures the pt ople against aoy abuse
the rreogit,lloll of it foreign tic forgo govern• of tamer by the Ft kb roe! (Mr' nuncio Such
meld, invokin g in, such responsibility Any were the apprdiensium, justly entertained by
attempt t o do this would, on his part, he a the filen,l , , of the States rights at that period
hat id act of usid nation. It 18, therefore, las to have rendered it , atremely doubtful
my rho) to submit to Con g ress the whole %hello'. the Constitution cookd have long
question in all its *miring.. The course of I MO Veil hese allithtimerne.
events is Mil rlipi , ll). hastening forward. that A the Coo•. 11111100 was amended by
the (nerpmey may soon arise, a hen you the 811111 e process after the election of Prest.
may he exile I upon to decide the inoinentoim dent J. fit remit by the house of Represents
question it tether )uu possess the power, by trees, In February, 1811.1. , This amendment
force of arms, to totupel a State to remain I was rendered necessary to prevent a recur
on tins important subject. The artielefur its own amendment was in-
UK 'pit stunk fairly stated is Has the tended toeecure the amicable adjustment of
,
Count in. non thl, gat Id to Congress the ty,w• coidlicting constitutional ineations hke the
er to Cot rt e aSia Le mto submission which present, which taught arise between the
is attempting to a ithilraw or has !whinny , governments of the States and tact of the
withdrawn frini the t 'oevfederacy 7 If a n. United States. The, appears frqm contem..
swered in the affirmative it MOM be On thk:l, poramons history
inciqe that the power 11514 been conferred I In this croon coon, I shall merely call
upon 1 ougra,,, to thefa re and nuat..-.4„ex4.2.ttention to a few .enteucei in Mr. MICMBQ4o r a---.
against a State Alter much serious reflect.. ,pistly celebrated report, In 1799, to the
tion I have arrived at the conclusion that no legislature of l %rpm*. In this he ably and
power has heel( delegattd to Congress 'eoneluaivtly delanded the resolutions of the
or to any other daps' too lit of the Fetters' I preceding
. legislature against the strictures
(;overnment It is in.t iii 1. st. upon an tof several Otto r State Leglalelsres• These
lion of the Constititimii, that this Is not were mainly founded Livia the protest of
among the specific mid enumerated powers , the, Virgini k legislative against the " Allen
granted to Coogres, , a nd i t is equally sp. and Sedition ANN, " AS palltablO and a•
patent that its kat rem,. 18 nut "necessary lartnmg inframmmi of the m om "—
and prop( for cat") log into execution" env lu poitit.mg mil the Is actful and. constitu•
the of the s i. pow k re Si far from this power tinfoil remedies no Ihe ref. reed to none otht r
having bin n d legate d Con grti•it, it was , to which the Static %ere authorized to resort
expressly refused by the Comyentton' whichion such oec•tsiins, lie cieicludes by saying,
slued the rutistitiltion. that the Legislatmes of the States might
ighlfu ly rest upon the bends of the no,snll
It appears, from the proceedings oh that
body, that on the 31st of May. 1787 the
I clause 'authorizing an exerts - in of the force
of the whole against a delinquent State"
came up for consoleratum. Mr Nladison op
posed it in brief but powerful speech, front
I which I shall extract but a single sentence:
Ile observed The use of force against a
State would look more like a declaration of
war than an Inn! , 11 , 111 If punishment ; and
would probably be considered by the party
attacked as a dissolution of all previous
compacts by which it might he bound "
Upon his motion the clause waits imam
mously postisined, arid Was never again I
believe presented .s.oin afterwards, on the
I Bth June, 1787, when:incidentally adverting
the minim, he said ••Any Government for
„ the United States, form, .1 on the supposed
practicability Of using force against the un
constitotional proceedings of the States,
"-}voutl inure as viyonary and fallarmus as
government of Congress," evidently
meaning the then a xisting Congress of the
old emirederation
Witltout descending to pat Oculars, it may
lie safdy a,. rt,l, that the power to make
ar against , a , els at valiance sith the
whole spirit..aud. z intent of the Constitution.
Suppose such a war should result in the
conquest of a State, how are we to govern it
nlßrwaids f Shall we hold it as a province,
' a'rid g,inern it by demure power I - In the
nature ail things we could not, by physical
! force, control the will of the people, and
voinpel them to elect senators and represen
tatives to Congress. and to pertorat all the
other duties depending upon their own gbh
lion% and required from the tree citizens ofa
'free State as a constituent .membe of the
Xonitileracy
But, if possessed of this power
be Wise 10 exercise it under exist
„ stances f The object would duu'
preserve the Union. War wool
present the most effectual meant
log It ; but would banish all I
peaceful reconstruction. Best
(ratio nal,contlict a vast amount.
treasure Would be expended, rei
titre reconciliation between the
possible,. the mean time, who
what
~w ould be the suffering an
of the people during its existence
The fact is, that our Union
public opinion, And can nev,.r br
by the blood of its citizens shed
If it can not live in the affection!
' pie, it must one day perish. et
!messes many means of preserrint
ciliation: but the sword was not
their hands to preserve it by form
But may I be permitted 'mien
yoke any countrymen to pause ant.
before they determined to destroj
grandest temple which has ever
catcd to human freedom since tbi
gun I It has been consecrated t
of our fathers, by the glories
sit lir 5011 f ATTAItCW:
VOLUME 5 -?1UMBEI1 5.1
and by tire hirpes of the future. The Union
has already matte us thu most prosperous,
and, ere long, if preserved. render us thu
most powerful hation on the face of the earth.
fir every foreign region of the globe the title
of American citizeit is held in the highest_
respect, and when pronouns dui a foreigii" r
land it causes the luntri,a,pf our conetrymen
to swell with holiest Surely when
.
we reach thethrink of the yawning. abyss,
we shalt recoil? with horror from the Nat
fatal plunge ISy such a dread catastrophe
the hopes ..f the fit einht of ireedom through
out the world would he destroyed, mid a long
night of despotiSM a t.ll)d enshroud the 110.-
14MM (Mr r sample 1 , ,r more than eighty,.
years wool.; not only he lost ; ISutsrould be
quoted as a etnlChial% a proof that mon is unlit
fur Self government
It IA not.ev.;i y ;owl --nay, it is not every ,
gievioni .41,4 whi. h can justify a MAO(' e
t o such a r,a,ral tot, ou..th t tit
be the last desperate Rowdy of a di spalring
people, aft.. r every 'Ollll.l constitu IMMO
means of conciliation has been exhausted.—
/ We should nllect that under this free goy.
I.lunlclit there 14 an 1111 . 1 s.ant ebb nod flow
in imblie opinion. 'I he slavery (petition,
like everl thing hinuan. %tit have Its day.-
1 finely believe :hat it //Is already reached
/1111 l a,a 11 the culiononing pinta. But if,
lin the tookt of ilie ai,umt t vehement, the
I non 1411111 1/1.11,b, the evil may then be
conie irrep.ti able CoNgtt can contribute
Hau l, io avert, it by proi,osing quid recom-
I . nit i.ding in the I,(gii.hiitire of the several
States the rt 1111tly ini t 11.1 mg rink, which
the rtinstiint.ou has )1,1 . in,,) , ) ,j e d fo r itd
fllsll"prolivrvaivon his ?ins truiti et
dill, rent critical pencil, of 0111 history, and
have made a ilnect re-dresentation to Con.
e— is ith a view , to obtain the reneulding of
the twosifli nsivc sett, or they intr,l4 have
represer Led to their respective Senator in
Coorress the r w isti that tat) thirds thereof
would piopose an ettplatiatory amendment to
th e Couthlitotion or two aunts of themselves
if s u ch had been thew option, might, by an
application to Congress, havo obtained a.,
convention for the saute object."
This is the very course which I earnestly
recommend in order to obtain an " expla
natory amendment" of the Constitution on
the subject of sl,ttery This might origanat
with Congress or the State Legtslatures, as
may lie deemed most advisable to attain tbe
uti)ect.
l'he explana.inv amendment might be
confined to the final settlement of the true'
e t t ,, s t r ,t ion of ilia OsiStitullOti on three
special points.
I An extol sis recognition of the right of
property in shit, A to the States where it now
exists or may hereafter exist.
The duty of protecting this right in
an the common territories throughout their
ten 'tonal exist. lice. and until! they shall
i be admitted as States into the Union, with
or without slavery, as their constitutions
may prescribe,
:S. A like recognition of the right of the
master to hate his stoic, who has eseipiod
from one State to another, restored and 'ile
[herod up" to lion, and of the validity of
the fugitive slave low enacted for this pur•
pose, together midi a declaration that all
State laws impairing iir defeating this right
are violations of the Constitution, and are
Consequently null and void.