person, named Margaret Morgan.—
Upon the trial, it appeared that she
was held a slave in the State of Mary
land, and that she escaped into the
State of Pennsylvania in the year 1832
—that in - 1837, Edward Prigg was ap
pointed, by the owner of the slave, to
seize and arrest her as a fugitive from
labor. In pursuance of this authority,
and under a warrant issued by a Jus
tice of the Peace, Prigg caused the
negro woman to be arrested, and with
out having obtained any warrant of
removal, he; delivered her to her owner
in the State of Maryland. These facts
were found by a special verdict, and
by the agreement of counsel, a judg
ment was entered against Prigg.—
From this judgment a writ of error
was taken to the Supreme Court of the
State, where a pro forma judgment of
affirmance was again, by agreement,
entered, and the case removed to the
Supreme Court of the United States.
It will be observed that the question,
whether Edward Prigg was really
guilty of the crime of kidnapping, un
der the Pennsylvania statute of 1826,
was never actually passed upon, either
by the court or jury, in the county of
York, or by the Supreme Court of the
State. The jury merely found the
facts, and the action of both courts
was but a matter of form.
In the argument and determination
of the case, in the Supreme Court of
the United States, it appears to have
been taken for granted, that our act of
1826 made it a criminal offence for a
master to take his slave out of this
State, without a warrant of removal;
and upon this construction, the act
was declared unconstitutional and void.
This, I submit, was a clear misappre
hension of the purport and meaning
of our legislation. The first section of
the act of 1826, under which the in
dictment against Prigg was framed,
was almost literally copied from the
seventh section of the act of 1788, to
which a construction had already been
given by the highest judicial tribunal
of the State of Pennsylvania, where
it was held to have no application
whatever to the removal of a slave by
the master or his agent, with or with
out a warrant. Such was the un
doubted law of the State under the !
statute of 1788, and in re-enacting that
statute, in the act of 1826, with an in
creased penalty, it is manifest that the
intention and object of the Legislature
was to protect free persons of color,
and to punish those who, by fraud,
force or violence, were guilty of kid
napping, and holding or selling free
men as slaves. This, the State had a
clear right to dol and nothing but a
misconstruction of her act, could have
induced the declaration that it was
forbidden by the constitution of the
United States. It is perfectly clear,
that Edward Prigg had committed no
crime in removing , _ -Margaret Morgan
from the State of PennsTivania to the
State of Maryland, and delivering her
up to her owner; and it is equally
clear, that no attempt was made, by
the statute of Pennsylvania, to declare
his act a crime. lie should have been
discharged, not because the act of the
State was unconstitutional, but be
cause he had not transgressed its com
mands.
The Su.
creme Court of the United
r •i I -- it—a-
majority of the Court held that the
whole act was void, because the power
to provide for the rendition of fugi
tives from labor, was vested exclusive
ly in Congress, and the several States
were, therefore, incompetent to pass
statutes either in aid of, or to hinder,
delay or prevent, the delivery of such
fugitives. That this was the extent
of the decision, as delivered by Judge
Story, not only appears from the opin
ions of the majority, but also from the
dissenting opinions delivered by the
minority of the Court. By this un
fortunate decision, it was authorita
tively proclaimed that Pennsylvania,
in enacting her liberal statute of 18 - 26,
making it the duty of her own officers
to aid. in arresting and deliveiing up
fugitives from labor, had mistaken her
constitutional obligation, and that her
act was in violation of, rather than
obedience to, the Constitution of the
United States. Under such circum
stances, it was the manifest duty of
the State to, repeal her law thus de
clared unconstitutional. This was done
by the act of 1847; and if that act
had contained nothing more than a re
peal of the law of 1826, and the re
enactment of the law against kidnap
ping, it could not have been subject to
any just complaint. But the third sec
tion of the act of 1847 prohibits, under
heavy penalties, our judges and magis
trates from acting under any act of
Congress, or otherwise taking jurisdic
tion of the case of a fugitive from
labor;
and the fourth section punishes
with fine, and imprisonment, the tu
multuous and riotous arrest of a fugi
tive slave, by any person or persons,
tinder any pretence of authority what
ever, so as to create a breach of the
public peace. The sixth section, deny
mg the use of the county jails for the
detention of fugitive slaves, was re
pealed in 1852, and need only be re
ferred to as showing the general spirit
of the act. The seventh section re
pealed the provisions of the act of
1780, - which authorized persons passing
through our State to take their slaves
with them, and gave to sojourners the
right to bring their slaves into the
State, and retain them here for any
period not exceeding six months.
The provisions of the third and
fourth sections of the act of 1847, seem
to have been predicated upon the lan
guage of the Supreme Court in Prigg's
ease. .It is there admitted that the
several States may prohibit their own
magistrates, and other officers, from
exercising an authority conferred by
an act of Congress; and that while an
owner of a slave under and in virtue
of the Constitution of the United
States, is clothed with power, in every
State of the Union, to seize and recap
ture his slave, he must, nevertheless,
do so without using 'any illegal vio
lence, or committing any breach of
thepeace It is evident that the fram
er of the act of 1847 had closely studied
the case of Prigg's vs. Tho Common
wealth of Pennsylvania, and had kept
this law strictly within its letter. In
many respects, the act is a codification
of the principles enunciated by the
Court; and more fault may justly be
found with its temper than its want of
constitutionality.
If fugitive slaves were still claimed
under the act of Congress of 1793, the
denial to the master of the aid of State
judges and magistrates, might he a
source of great inconvenience to him;
bat the complete and perfect remedy
now provided by the act of Congress
of 1850, renders him entirely indepen
dent of State officers. And the pun
ishment of arrests without warrant,
by a master in the exercise of his con
stitutional right of recaption, but made
in a violent, tumultuous and unreason
able manner, amounting to a breach
of the peace, is but recognizing, by
statute, what was before the Common
law. These sections were re-enacted
in the revised penal code of Pennsyl
vania, at the last session of the Legis
lature, and are still the law of the
State; but they are not now of any
practical importance, and as their re
tention on our statute book is calcula
ted to create the impression that the
people of this State are unfavorable
to the execution of the fugitive slave
law, and the discharge of their confed
erate duties, and with the view of re
moving this subject of reproach, I
earnestly recommend their uncondi
tional repeal.
While a majority of judges of the
Supreme Court of the United States,
in the Prigg case, held that a State
had no constitutional right to provide
by legislation for delivering up fugi
tives from labor, a minority were then
of the opinion that State laws, consis
tent with, and in aid of, the constitu
tional injunction, were valid and prop
er. And this minority of opinion is
now the judgment of the present court,
as recently indicated in a case which
arose in the State of Illinois. There
is, therefore, nothing to prevent the
revival of the act of 1826, and its res
toration to the place in our code-to
which, by its merits, it is so justly en
titled. This would leave to the option
of the claimant, whether he would
seek his remedy under the State or
National laws. He had this right be
fore the repeal of our act of 1826, and,
in my opinion, no good reason can be
assigned for refusing to place him
again in the same position.
I would also recommend that the
consent of the State be given, that the
master, while sojourning in our State,
for a limited period, or passing through
it, may be accompanied by his slave, ,
Iwithout losing his right to his service.
While such legislation, is duo to the
comity which should over exist be
tween the different States of this Union,
it would undoubtedly, tend greatly to
restore that peace and harmony, which
are not so unwisely imperiled. By it
Pennsylvania would concede no prin
ciple—we would simply be falling back
upon our ancient policy, adopted at a
time when our people were themselves
struggling for their rights, and never
departed from, until, by a misconcep
tion of its meaning, one of our most
important statutes was declared un
constitutional. From 1780 to 1847, a
period of sixty-seven years, Pennsyl
vania, herself a free State, permitted
tam gnus _of other States to sojourn
within her limits; with - their elaves, fur
any period not exceeding six months,
and to pass through the State, in trav
eling from one State to another, free
from all molestation. Was she injured,
or was the cause of human freedom
retarded, by the friendly grant of this
privilege? This question cannot be
_truthfully- answered in the affirmative;
we ave m some . egree, a cas , a ten
ated from us the feelings of fraternal
kindness, which bound together, so
closely, the sisterhood of States. Let
us, then, renew the pledge of amity
and friendship, and once more extend
a kindly welcome to the citizens of
our common country, whether visiting
us on business or pleasure, notwith
standing they may be accomp..nied by
those who, under the Constitution and
the laws, are held to service and labor.
The Territories of the United States
belong to the General Government, and
in those territories the people of the
several States unquestionably have
equal rights. They were acquired by
means of the common expenditure of
blood and treasure. By the Federal
Constitution power is given to Con
gress " to dispose of and make all need
ful rules and regulations respesting the
territory and other property belonging
to the United States." Whether under
this, or any other power conferred by
the Constitution, Congress can prohibit
or protect slavery in the territories,
has been seriously questioned. But,
if the power to legislate upon this del
icate and important subject was clear
ly vested in Congress, in my judgment
it ought not to be exorcised. To de
dare that slavery shall not exist in the
Territories, is calculated to exclude
from their occupancy the citizens of
the southern and slaveholding States;
while, to make it a legal institution in
all the territories of the United States
by Congressional enactment, and to
provide for its continuance during their
entire Territorial existence, would be
equally injurious to the people of the
free States. The principal adopted in
the Compromise measures of 1850, for
disposing of the question of slavery in
New Mexico and Utah, and reiterated
in Kansas and Nebraska bills of 1854,
of non-intervention by Congress with
slavery in the States and in the Terri
tories, is the true rule. It is the duty
of Congress, when a sufficient number
of hardy and adventurous pioneers find
their way into our• distant Territories,
to furnish them a shield of protection
and a form of government; but to the
people themselves belongs the right to
regulate their own domestic institu
tions in their own way, subject only to
the Constitution of the United States.
While these views have been long
entertained by me, and while I am sin
cerely of the opinion that their gener
al adoption and faithful enforcement,
would have preserved, and may yet re
store, peace and harmony to all sec
tions of our country, I am neverthe
less not so wedded to them as to reject
unceremoniously, all otherpropositions
for the settlement of the vexed ques
tions which now threaten to sunder the
bonds which for three quarters of a
century have made us one people.—
Forty years ago, our fathers settled an
angry controversy growing out of a
similar question, by dividing the Ter
ritories purchased from France, and
providing that slavery, or involuntary
servitude, should not exist north of a
certain line; and the whole country
acquiesced in that compromise. In
1854, that restriction upon slavery was
removed, and the people of all the Ter
ritories were left free to decide the
question for themselves. Now the sec
tional issue is again presented, by the
dominant party in the north, claiming
that slavery cannot legally go into the
Territories, even if sanctioned by Con-
gross or the Territorial Legislature;
and that it is the right and the duty of
Congress to prohibit its existence.—
While the doctrine which obtains with
a majority of the people in most of the
Southern States is, that under the Con
stitution, the Territories are all open
to slavery; that neither Congress nor
the Territorial Legislature can lawful
ly prohibit its existence, and that it is
the duty of Congress to provide for it
all needful protection, may we not
wisely follow the example of our fa
thers, by re-enacting the old compro
mise line of 1820, and extending it to
the boundary of California ? Not by
the means of legislation of doubtful
constitutionality, but by an amend
ment to the Constitution itself, and
thus permanently fix the condition of .]
the Territories, so that those who de
sire to occupy them, may find a home,
at their discretion, either where sla
very
is tolerated, or where it is pro
hibited. If the adoption of such an
amendment would peacefully settle
the difficulties which now surround us,
I am satisfied that it would be sanc
tioned by the people of Pennsylvania.
At all events, they should have an
opportunity to accept or reject it, if
made as a peace offering. I would,
therefore, recommend the General As
sembly to instruct and request our
Senators and Representatives in Con
gress, to support a proposition for
such an amendment of the Constitu
tion, to be submitted for ratification
or rejection, to a convention of dele
gates, elected directly by the people
of the State.
In the event of the failure of Con
-gress-- speedily to propose this or a
similar amendment, - to the--Constitu
tion, the citizens of Pennsylvania
should have an opportunity, by the
application of some peaceable remedy,
to prevent the dismemberment of this
Union. This can only be done by
calling a convention of delegates, to
bo elected by the people, with a view
solely to the consideration of what
measures should be taken to meet the
present fearful exigencies. If Con
gress should propose no remedy, let
it emanate from the source of all au
thority, the people themselves.
Every attempt, upon the part of in
dividuals, or of organized societies, to
lead the people away from their alle
giance to the government, to induce
them to violate any of the provisions
I of the Constitution, or to incite insur
reetions in any of the States of this
Union, ought to be prohibited by law,
as crimes of a treasonable nature. It
is of the first importance to the per
petuity of this great Union, that the
hearts of the people, and the action
of their constituted authorities, should
be. in unison, in giving a faithful sup
port to the Constitution of the United
States. The people of Pennsylvania
are devoted to the Union. They will
follow its stars and its stripes through
every peril. But, before assuming
the high responsibilities now dimly
foreshadowed, it is thoir solemn duty
to remove every just cause of com
plaint against themselves, so that they
may stand before High Heaven, and
the civilized world, without fear and
without reproach, ready to devote
their lives and their fortunes to the
support of the best form of govern
j • been devised by ,
of the Constitution of the State, I shall
soon resign the office of Chief Execu
tive of Pennsylvania, with which the
people have entrusted me, to him
whom they have chosen as my succes
sor. I shall carry with me into the
walks of private life, the consciousness
of having honestly discharged the du
ties that have de,-olved on me during
the term of my office, to the best of
my ability; and shall ever cherish the
• warmest affection for, and the deepest
interest in, the future welfare of our
beloved Commonwealth and our glori
ous Republic. The shadow of a dark I
cloud does indeed rest upon us; but
my hopes and my affections still cling
to our Union, and my prayer shall be
that Ho who orders the destinies of
nations, when He shall have chastened
us for our sins, and humbled us before
Him, will restore us again in mercy,
and bind us together in stronger and
more hallowed bonds of fraternity, to
remain unbroken through all future
time. WM. P. PACKER.
EXECUTIVE DEPARTMENT,
Harrisburg, Jan. 2, 1861.
The Message of the Governor of N. York
The recent message of the Governor
of New York is mainly devoted to
State affairs, but in discussing national
politics it breathes a decidedly conser
vative tone, considering the prominent
position its author occupies in the Re
publican party. He explains the State
legislation, which has been denounced
as inimical to the South and as an
odious personal-liberty bill, very much
as Governor Packer explains our Penn
sylvania statute of 1847; but, as a
peace-offering, he recommends its un
conditional repeal. Ho' also expresses
an earnest hope that, in all other
Northern States where obnoxious per
sonal-liberty bills exist, they will be
speedily expunged.
Unlike Governor Packer, ho opposes
the Crittenden proposition to restore
the Missouri Compromise line as an
amendment to the Constitution, but
expresses no violent antipathy to it,
and in concluding his messagO, he says
"Every State can do something, and ought
to do all that it can to avert the threatened
danger. Let New York set the example in
this respect. Let her oppose no barrier:
but, on the contrary, let her Representatives
in tho Federal Legislature give their ready
support to any settlement that shall be just
and honorable to nll, a settlement due alike
to the cherished memories of the past, the
mighty interests of the present, and the
myriads of the future. Let her stand in an
attitude of hostility to none ; but, extending
the hand of fellowship to all, and living up
to the strict letter of that great fundamental
law, the living and immortal bond of the
union of the States, cordially unite with other
members of the Confederacy in proclaiming
and enforcing the determination that the
Constitution shall be honored, and the union
of the States shall be preserved."
DIARIES FOR 1801.—A fine assortment just
received and for sale at Lewis' Book Store.
Diaries should be in more general use. The
young man in particular should keep a Diary
in his pocket and note down something every
day in the year. A good thought or a good
action carefully noted down every day during
1801 might produce good fruit in after life,
ilt (Cabe,
HUNTINGDON, PA.
Wednesday, January 9, 1861.
P'
LANKS! BLANKS ! BLANKS!
`O.STABLE'S SALES, ATTACIPT EXECUTIONS.
ATTACHMENTS, EXECUTIONS,
SUMMONS, DEEDS,
SUBNENAS, MORTGAGES.
SCHOOL ORDERS. JUDGMENT NOTES.
LEASES FOE HOUSES,NATURALIZATION DES,
COMMON BONDS, JUDGMENT BONDS,
WARRANTS, FEE BILLS,
NOTES, n ith a waiver oft ,e $3OO lase.
JUDGMENT NOTES, with a waiver of the $3OO Law.
ARTICLES OS AGREEMENT, with Teachers.
MARRIAGE CERTIFICATES, for Justices of the Peace
and Ministers of the Gospel.
COMPLAINT, WARRANT, and COMMITMENT, In case
of Assault and Battery, and Affray.
EGIERE FACIAS, to recover amount of Judgment.
COLLECTORS' RECEIPTS, fur Elite, County, School,
Borough and Township Taxes.
Printed on superior-paper. and for salo at the Offleo of
the lIIINT/NODON GLOBE.
BLANKS, of every description, printed to order, neatly,
at short notice, and on good Paper.
THANKS.—Gov. Packer will accept
our thanks for a pamphlet copy of his
able message
Messrs. Wharton and Blairbavo
our thanks for Reports of Auditor
General, Journal of Revenue Com
missioners, School Report for 'GO, and
copies of Governor's message.
ge - The editor is absent in Reading,
paying the last sad tribute to the
memory of a dear departed parent,
who died on the 6th inst. Any de
ficiencies in the Globe may be attribu
ted to his absence.
&Er . The Doylestown-Democrat Caine
to us last week in a dress of new type.
We are glad to see such evidences of
prosperity. The Democrat is one of
the largest and best weeklies in the
State.
THE NEWS,
—On inquiry at the proper quarter,
it has been ascertained that before
Juno last, it being found that the arms
at,the several arsenals were not pro
portionately distributed, and that the
Southern arsenals were quite deficient
in those supplies, a distribution was
made for equalization only, and for no
other object. The secession troubles
had not as is known then commenced.
The following is said to be Gov
Curtin's appointments:
Secretary of State—Eli Slifer, of
Union county.
Deputy Secretary—Geo. W. Ham
ersly, of Philadelphia.
Attorney General—Samuel A. Par
vianee, of Butler county.
- Whiskey Inspector—Wm. Butler, of
Mifflin county:
Physician of the Port of Philadel
phia—Dr. Clark, of Philadelphia.
Messenger to the Govornor--Sana
Miles, of Centre county.
Adjutant General—Jas. S. Negley,
of Pittsburg :
-rn Sluan—lusoßetor = alanuas
Sealer of Weights and Measures—
J. D. Owens, of Pittsburg.
It is believed thatall conservative
men, of all parties, in Congress, will
finally rally "upon Mr. Crittenden's
proposition, and that, if it will pass, it
will prevent'a general disruption.
Senators Green, of Missouri, and
Nicholson, of Tennessee, express them
solvesperfeetly satisfied with Judge
Douglas' speech, and declare their in
tention to support his propositions.
The Government is taking im
portant steps for the protection of the
Federal property in the Southern
States. Orders have been issued for
the immediate transportation of shot,
shell and other munitions to the scene
of rebellion.
—Mr. Hager, tho Postmaster at
Charleston, has written to the Post
master-General that he holds himself
responsible to the Federal Government
for the revenue accruing in his office.
For the present, therefore, the postal
arrangements will continuo unchang
ed.
, It is now conceded that the Mary
land Disunionists will not be able to
bully Gov. Hicks into calling a State
Convention.
The conduct of Major Anderson
in regard to the Charleston Forts is
meeting with universal approbation.
Union meetings aro being held, guns
fired, and speeches made, in honor of
the heroic Anderson. He has become
immortal. -He is already spoken of as
one of the greatest men of the age.—
There is some talk of his being ap
pointed Secretary of War in Lincoln's
cabinet.
—The Message from Gov. Leteher,
sent to the Virginia Legislature on the
7th inst., alludes to the condition of
the country, says that all see, know
and feel the danger to be imminent,
and all true patriots are exerting
themselves to save us from the. im
pending perils.
—A large and enthusiastic Union
mooting, without distinction of party
was held at National Hall, Phila,, on
Saturday night. Philadelphia has
spoken for. the Union and the gal
lant Major Anderson. Twenty-five
thousand citizens *ere in attendance.
Groat enthusiasm and good feeling
prevailed. Speeches were made by
several distinguished gentlemen. Res
olutions were adopted sustaining Maj.
Anderson, and declaring for the Union
under every contingency.
—lt is conceded by everybody that
Edgar Cowan, of 'Westmoreland, will
be our United States Senator in place
of Wm. Bigler. • Wilmot is his strong
est opponent.
P. S.—Cowan was nominated for
Senator, in the Republican caucus, on
'Monday night, on the 6th ballot.
FROM WASHINGTON.
Speech of Senator DOuglas
WASIIINGTON, Jan. 3d, 1861
SENATE.—The Committee of Thir
teen appointed to report a compromise,
having reported that they could
not agree, the consideration of their
report was postponed until to-day. On
motion of Judge Douglas, the report
was taken up.
Judge Douglas proceeded to address
the Senate. No act of his public life
over gave him so much pain as his vote
for the resolution from the committee
that they could not agree. In order
to seo the real cause of our troubles,
we must go back of the late election.
We should assume that whenever Con
gress undertook to act on the question
of slavery, discord and agitation were
sure to follow; when Congress let the
question alone, there was peaco. He
referred to the excitement at the time
the Missouri Compromise was enacted.
The fearful agitation of 1820 was set
tled on a friendly compromise.
So long as that adjustment was car
ried out there was peace and quiet.—
Texas was admitted quietly under this
rule, though there was a great contra
riety of opinion; but no one objected,
because it extended the compromise
lino. Again, California and New Mex
ico were acquired, and the extension
of the line to the Pacific ocean was
demanded. Tho records show that he
(Mr. Douglas,) as chairman of the Com
mittee on Territories, reported a reso
' lution to extend the line to the Pacific.
It was adopted in the Senate, but when
sent to the House it was rejected by
Northern votes. That opened the flood
gates of _agitation in 1848, which was
only settled by the compromises of
1859.
When we again settle this question
of the Territories, let it be settled en
tirely
and forever. The Abolitionists
could never have brought the Union
to tho verge of dissolution but for the
question of the Territories. It was
the rejection of the extension of that
line, in 1848, that reopened the agita
tion. The arguments of 1819 and 1820
were repeated. The position of the
North and South was the same. The
purest patriots in the land were
alarmed, and Clay came back to the
Senate to see if he could not bring back
peace.
Ho found no trouble with the South
ern members, but could find no support
of this line from the North. The Mis
souri Compromise line was abandoned,
because its friends said it could not be
carried out in good faith. Then they
turned to see what was the next best
course to pursue. The desire was to
take the question out of Congress and
secure the peace of the country. At
last, it was decided to leave the ques
tion to tho people of the Territories
themselves. The records show that
ho supported both compromises for the
same reasons. Peace followed this ac
tion all over the country.
But in 1553 and '54 it becamo neces
sary- to organize the Territories of Kan
sas and iSrobraska. The committee in
forming the bill determined to carry
out the Compromise Measures of 1850,
though they bad all been in fitvor of
the Missouri t . io iy mp a romise as long as it
/ /Sell t iuL blartllM
.
mittee were violating the sacred Com
promise. The bill (lid not mention the
Missouri Compromise but it did give
the people the power of settling the
question for themselves.
The history of the Governmen
might be divided into throe parts. Be
fora 1820, the Government admittec
many Territories, but all was peace.
After the agitation in 1820 had been
settled, all was peace again till 1850.
Since then there had been a continual
controversy, and the resuit of the late
election has convinced the South that
it is the fixed policy of the dominant
party in the North to invade their con
stitutional rights. The Senator from
Ohio (Mr. Wade) admitted the exist
ence of this belief at the South, but
charged it to the misrepresentations of
the Northern Democracy. It matters
not whether these evils are real or
imaginary, if the Southern States were
resolved to rush into the horrors of
disunion and war rather than suffer
them. He was sorry to see the Sena
tor bring in a partisan question here;
but as he had brought it in, he felt
bound to defend the Democracy. No
man would be better pleased than him
self to learn that ho had misrepresen
ted the Republican party. He asked
the Senator from Ohio, if it was not
the policy of that party to confine
slavery within its present limits by
the action of the Federal Government,
and whether ornotit was the policy of
that party to exclude slavery from the
Territories we now possess, or may
hereafter acquire; whether or not that
party is in favor of returning fugitive
slaves, and, in short, whether or not
the policy of that party is to exert all
the power of the Federal Government,
under the Constitution, according to
their interpretation, to restrain and
cripple the institution of slavery, with
a view to its ultimate extinction in the
States, old as well as new, North and
South.
Mr. Wade said the Senator could
find his answer in the speech he had
already made. He has no additions
to make to it.
Mr. Douglas said he did not expect
an unequivocal answer. He proceeded
to argue that such was the policy of
the Republican party, and then quoted
from Mr. Lincoln's speech, when he
said, " A crisis must come, and the
States all become one thing or the
other," to show that he maintained
such a policy. He said he had hope
that Mr. Lincoln would repudiate all
extreme sentiments. But, be that as
it may, neither ho nor his party will
have the power to do harm to the
South.
The South, however, are ready to
rush into a revolution, and meet the
consequences. No man would go
further than he to enfbrce the laws,but
we must look the facts in the fhee. A
rebellion often becomes a successful
revolution, and Governments are often
forced to recognize do facto Govern
ments in revolted prov . inces. But in
this Government the laws must be en
forced by a civil process. how are
wo going to execute the law when the
Federal Government has no power?
How are we going to enfbrce the laws
by civil process in South Carolina?
He denied the right of secession.—
But she has done it, and how are we
going to help it, south Carolina, will
not be alone, and how are we going to
enforce the laws unless we make war
and conquer the State. Are we pre-.
pared for a war with our brethren ?
lie would not tolerate the idea till
every hope of adjustment is gone. He
was for peace to save the Union. War
is disunion, certain and inevitable.
He referred to the purchase of Lou
isiana, and said she was purchased for
the benefit of the whole Union; and
for the safety of upper Mississippi in
particular. The possession of that
river is more necessary now than then.
We cannot expect the people of the
interior to admit the right of a foreign
State to take possession of that river.
He also referred to the purchase of
Florida and the amounts paid for her,
and asked if she could go out now.—
He said that the President, in his mes
sage, first said wo could not coerce a
State to remain in the Union, but in a
few sentences afterward advised the
acquisition of Cuba, as if wo should
pay three hundred million for Cuba,
and then the next day she might se
cede, and re-annex herself to Spain,
and Spain sell her again. We had ad
mitted Texas at a cost to us of a war
with Mexico and ten thousand lives.—
In the name of the seven thousand
gallant men from Illinois who fought
in these battles, be protested against
the right of that State to secede.
Mr. Hemphill, of Texas, asked if the
protection of Texas was the only rea
son for the war with Mexico, and if
the United States paid anything to
Texas for her land, and if they did not
acquire California from that war?
' Mr. Douglas replied that the only
cause of complaint of Mexico was the
annexation of Texas, and we had only
paid Texas ten millions for some bar
ren land she did not own. [Laughter.]
The Constitution, he continued, was
intended to be perpetual, and he denied
the right of secession, under the Con
stitution, as against the Constitution
and against justice and good faith.—
He said there could be no Government
without coercion, but that coercion
must be used in the mode prescribed
by law. This is not a question of co
ercion in a State where no authority
of the Federal Government remains.
We were bound to recognize a Govern
ment de facto when a State maintains
her individual sway. The man who
loves the Union, and will see the laws
enforced, must put rebellion down.—
But how do we intend to enforce the
law in a seceding State, except by ma
king war ?
In his opinion, we had reached a
point when disunion is inevitable, un
less a compromise, founded on conces
sion, can be made. He preferred com
promise to war, and concession to dis
union. No compromise can be effec
tual while it does not carry the ques
tion of slavery beyond the power of
Congress. He had voted for the prop
osition of the Senator from Kentucky,
[Mr. Crittenden] and was ready to
vote for it again. Why can't the Re
publicans unite on the Missouri Com
promise line? They had heaped cur
ses enough on his head for repealing it
to be glad now to re-establish it. He
had helped to support that measure
till he was compelled to abandon it.
He was willing now to meet on terms
of mutual concession. Ile had offered
another proposition, to leave the Ter
ritories in state quo till they have 50,-
tre tlequestion — rof - theonkolV6
also, providing for the removal of the
negroes, if the Territory chose, to cer
tain provinces. If the Republicans do
not intend to interflre with slavery in
the States, why wiil they not consent
to put an amendmei t in the Constitu
tion so that they cal not do it?
There must be a settlement of some
sort now. It cannot be postponed.—
We are in a state of 1-IN-elution. It is
either compromise or war. He pre
ferred compromise. He said it. seemed
as though the Senators on the other
side were determined to act as a party.
Let the people decide the question. He
had no doubt the people of Massachu
setts were opposed to slavery exten
sion, but he thought if the question
was submitted to them to-day, on the
resolutions of the Senator from Ken
tucky, they would ratify them. He
argued against makin‘ , war with ten
millions of people. He saw there was
an eternal separation, but he would
not consider a war till all hope was
past, though the present indications
seemed to show that there would be
bloodshed. But he would not despair.
Mr. 'Toombs, of Georgia, moved to
postpone the fUrther consideration of .
the subject till Monday, when he pro
posed to offer some remarks. Agreed
to.
The Senate then adjourned till Se
urday.
More Southern Forts to be Selzed---De,
parture of the South Carolina Corn
miasioners---Aotion of the Howe Com
mittee of Thirty-Three.
WASHINGTON, Jan 3.—Evening.—lt
is believed, from what is known here,
that in the course of a few days the
forts at Pensacola and Key West, Fort
Morgan, (Alabama), and the fort at
Ship Island, near the mouth of Lake
Borgne, together with tho arsenal at
Baton Rouge, and Fort Johnson, on
the Cape Fear river, will be seized and
garrisoned by the troops of the respec
tive States in which they lie. 'r"
Senator Toombs to-day received a
despatch saying the forts of Georgia
were seized by order of Gov. Brown.
Private information says that if any
attempt be made either to reinforce
the arsenal at Augusta, or remove the
arms, it will at once be seized.
The South Carolina Commissioners
considered the abrupt termination by
the President of their business with
him as grossly insulting to themselves
and their State. They troat it as a
declaration of war, and in this spirit
they left the city this morning for
Charleston. It is said that the Presi
dent yesterday returned their note
without comment.
No motion was made to-day in the
Senate to go into excentivo session on
the - nomination of Mr. Mclntire for
collector of customs in the neighbor
hood of Charleston harbor. Ho is a
resident of York county, Pennsylva
nia.
The following resolutions were
adopted to-day as expressive of the
views and feelings of the Itouso Com
mittee of Thirty-Three. -
The resolutions were offered by Mr.
Bristow, of Kentucky,
Resolved, Thnt we recognize slavery An
now existing in fifteen of the United States
by the usages and laws of those States, and
we recognize no authority legally or other,
wise, outside or a State minre it so exios., to
interfere with the slaves or slavery in such
States in disregard of the rights of their own
ers or the peadtr of society.
Resolved, That we recognise the Justice
arid propriety of a faithful execution of the
Constitution and all laws made in pursuance
thereof, including those on the subject of fu
gitives from service or labor, and discountg
nonce all mobs or hinarances to the execu
don of such laws; and that tho citizens of
each State shall be entitled to all the privi
leges and immunities of citizens in the
sev
eral States.
P.esolved, That we recognize no such con-
Mating elements in its composition, or a suf
ficient cause, from any source, for a dissolu
tion of this Government ; that we were not
sent here to destroy, but to sustain and har
monize the institutions of the country, anti
to see that equal justice is done to all parts
of the seine; and, finally, to perpetuate ' its
existence on terms of equality and justice to,
all the States.
Representative Pugh, of Alabama,
left for home to-day.
Private despatches to Georgians say
the indications are that the straight
out Secessionists have succeeded and.
that Senator Toombs is elected a dele
gate to the State Convention.
- Mr. Bingham's bill, reported by him
from the House Judiciary Committee
to-day, provides that whenever, by
reason of unlawful obstructions, or
combinations of persons, it shall be
come impracticable in the judgment
of the President to execute the reve
nue laws and collect duties on importi
in the ordinary way, it shall be lawful
for him to direct the custom house for
such district to be established and
kept in any secure place
_within some
port or harbor of the said district
either on land or on board_ any vessel;
and in that ease it shall be the duty of
the collector to reside at such place,
and there detain all vessels and cargoes
arriving within the district until the.
duties imposed on the cargoes by law,
shall be paid in cash, anything in the
laws of the 'United States to the con
trary notwithstanding; and in Such
cases it shall be unlawful to take the
vessel or' cargo from the custody of
the proper officer of customs, unless,
by a process from some court of the
United States.
And in case an attempt' shall be
made to take such vessel or cargo by
any.forco or combination or assem
blages of persons too great to be.over
come by the officers of customs, it
shall and may be lawful for the Free,
Went, or such person or persons as be"
shall have empowerored for tho pur
pose, to employ such part of the land,
or naval forces, or tho militia of the
United States, as may be deemed.
necessary, for the purpose of prevent
ing the removal of such ceasel or car
go, and protecting the officers of cus
toms in retaining the custody thereof.
In the Senate, to-day, Mr. Bigler
presnted memorials,numerously signed
by citizens of Pennsylvania, without
distinction of party, in favor of 11. r,
erdtenden's plan of adjustment. Mr:
Bigler expressed the belief that, if for
mally presented to them, it would be
adopted by an overwhelming vote,
PENN'A. LEGISLATURE,'
HARRISBURG, JAN. 1, 1861.
SENATE.—At 3 P. M. the Senata
was called to order. Robt. M. Palmer
of Sehuykill was elected Speaker.
Mr. Palmer, upon taking his seat,
addressed the Senate as follows:
SENATCiitS duties of the posi
tion with which you have honored me
"qt — ti - rtiiiiffiefF 4 liitra i 'diticinirge
more enlarged experience and higher
qualifications than I can hope to'
bring to them, unless sustained and
assisted by your kindness. So lar a• 3
earnest effort and strict impartiality
may suffice, I shall endeavor to justify
your confidence.
In enforcing successfully. the rules
of order, your co-operation will be in.
dispensable. One of the most whole.
some and necessary of these rules, and
the ono perhaps heretofbro most fre
quently violated, is that which pro
tects the floor and rooms of the Senate,
during its sessions, from the intrusion
of unauthorized persons. I shall hope
for your support in the enforcement
of this rule, at least until the Senate
shall see proper to modify or rescind
it.
The business of the session upon
which we are about entering, is likely
to prove of a most interesting and
important character. Indeed, were
there nothing more than the ordinary
course of legislation, affecting the vast
interests of the great Commonwealth
of nearly three millions of people
which we : represent, it could not be
otherwise than interesting to all of us,
and important to our constituents;
but in the present threatening emerg 7
ency in our National affairs, the posi
tion of Pennsylvania, the
. great stake
which she has in the Union, and the
largo influence which she will doubt
less exert upon the other
.States in
the decision of the great National
questions at issue, render the proceed-
ings of the present Legislature of far
more than usual gravity and conso-'
quence
On taking this chair at the close of
the last session, I took occasion, in
view of the then approaching Presi
dential election, to say, that " no mat
ter Whitt - party may succeed in electing
the next President of the 'United
States, or what candidate may be se
lected to fill the chair of Washington
and Jefferson, there shall be no rebel
lion or cavil with her (Pennsylvania's)
consent, against the fairly expressed
wilt of the people, but the Constitution
and the Union of the States under it,
must be faithfully awl inviolably sus‘
Wiled and perpetuated."
The result of that election has boon
ascertained, and has been made the
opportunity of attempted and threat.
erred revolution and disunion on the
part of some of the States which par.
ticipated in it, but I cannot, doubt
that the sentiments which I oxpres• ad
to you on that occasion, aro still
sentiments of Pennsylvania.
The people of this State will never
consent to disunion. It was upon our
soil that the Declaration of American
Independence was made, and the Con
stitution of the United States framed,
and the Union which they secured
cost our fathers too much blood and
treasure, and ha:s brought to us too
many blessings and benefits, shared
alike by all American citizens every
where, for us over to agree to surren
der it. Every principle of patriotism,
and every consideration of interest—
veneration for our fathers, regard for
ourselves, love for our children, - the
present and future welfare of mankind,
all join in solemn protest against the
present attempts at the destructiim of
the Constitution and the Union.. .It,
cannot, must no E•hall not be.