Htookir to ipoliiks, iiittrature, Agriculture, Science, JHoralitu, aui (Stncval jhttclligena. VOL 19. STROUDSBURG, MONROE COUNTY, PA. DECEMBER ,13 I860, NO. 47 Published by Theodore ScIlOCll. ' TERMS. Two dollars per nhnumin advance Two dollars and a quarter, half yearly and if not paid be fore the end of the year, Two dollars and a half. No papers discontinued until all arrearages are paid, oaa or three insertions, $ I 00. Each additional iiiier, ton, 25 cents. Longer ones in proportion. , " - JOB PRINTING. ' Having a general assortment of large, plain and or SnrinMhnJpe,WC arc PrcParcd t0 ute every dc scnpiion ox i JAWiTS ttlTTWnHiW- , "Cards, Circulars, Bill Heads, Notes. Clank Receipts, Justices, i.cgul and otner uiatiKs, rampnicis. ace, prin "led with neatness and despatch, on reasonable terms At this office. President's Message. a JMloxc Citizens of Vic Senate , and House of Representatives: I , , . . . ! Throughout the year since our last meeting the country ha. been eminently prosperous in all its material interests- The general health has been excellent, our harvests have been abundant, and plenty smiles throughout the land. Our commerce and manufactures nave been . , . , , prosecuted with energy aud industry, and f , i . J T have yielded fair and ample return. In , , J , .. r. t . , abort, no nation in the tidi of time has ' , .if over presented a spectacle of greater ma- , terial prosperity than we have done an- til within a very recent period. Why n it, then, that discontent now 4 80 extensively prevails, and the Union of , 0 J f i - ' fni thc States, which is thc source of all , . . , t , . . . ; these blesftines, is threatened with do- j , i BtraobonT lhe long-continued I and in- temperate interference of the Isorihorn , people with the question of slavery in the Southern States ha at length produced Its natural effects. 1 he different sections I of the Union are now arrayed aain.-t each other, and the time has arrived, so muoh dreaded by the Father of hi? Coun try, when hostile geographical parties have been formed. I have long fere?ceu and often forewarned my oouutrymen of the now impending danger. This does not proceed solely from the claim on the part of Congress or the territorial legis latures to exclude slavery from the Terri tories, nor from the efforts of different States to defeit the execution of the fu gitive-slave law All or any of these evils might bare ieen endured by the South without dan- j ger to the Union, (as others have been ) j 20 the hope that time and reflection might apply the remedy, lhe immediate peril arises not so much from these causes as from the fact that the incessant and vio- lent agitation- of the slavery question of tbo Qext Congress. Sureljt throughout thd Norta for the last quarter , nder tbese circUmsUlJceSt we ought to he a century, has at length produced : restrained from present action by the malign influence on the slaves, and m- j t of nitn wbo tpake a9 never man spired them with vague notions of free- . ..Hufficieot UDto tbe day ia tbo dom. Hence a sense of security no Ion- I u tbereof Tbe day of evH may Dev. ger exists around the family alter. Ibis i er cQm uQjea3 wo aha raahlj bring Jt feeling of peace at home has given place Q our,elve9. to apprehension of servil- insurrection. j It Ja aeged a, one cau,e for ;mmedi Many a matron throughout tbe South re- ; 8eccssioD that the Southern States are tires at night in dread of what may be- denied , ri ht3 witb lhe otber Statcs fall herself and her children before the . tbfi ommon Territories. But by morning, auouia tn.s appreoeoMouoi uome-.uc . -,, ... i e j danger, wnctaer real or iBiugiuary, t- aQd j be5cve n?vcr win pas9i aDJ act t0 tend and intensify itself until it shall per- eSclu(Je B,a from tbese Territories; vade thc masses of the Southern people, and certaiulv Dot bj the Supremo Court, then disunion will become meltable. whicb hajj 9oleDlI1iy decided that slaves Self-preservation is the Grst law or nature, are property, and. like all otber proper and has been implanted in the heart of tbeir owners have a right to take tbem man by his Creator for the wisest pur- imo lfae oommOD Territories, and bold pose; and no political union, however tbeaj therc under tho protection of the fraught witb blessings and benefits in all Q00fctlloti00 otber respects, can long continue if the " cgg .g CQDflerned necessary consequence be to render ho - ; faave homes and tho fireside, 0f nearly ha f be I J J Darties to it habitual y and hopelessly in- ,cauj "u J J psru.s luuuauuu j r j hereafter. It will surely be admitted secure. Sooner or later tbe bonds of i"-'c''"-- . , 8 , . 4. i t : that this apprehension of future danger is sucb a Union must be severed. It is my lu" ir . o o b y . , . no good reason for an immediate dissolu- conviction that this fatal period ba not . B , , TT . T. . ,u . , , tn rnA tion of the Union. It h true that the ter- vet arrriTed; and my prayer to bod is . ...... fIr , ,t .iQj J ' . J r . r, .-. - ntorml eiTit, ature of Kansah. on the -sdd that lie would preserve toe stuuuon mQ d in t ba?te and the Union throughout all genera- , ovJ'the vc'toPof tbe Go;ernorf de. j tl0,0,3' i . . i clarinj? that slatery "is, and shall be,! But let u, Ute warning in time, and bibited fD thi'a Territory."-! remove tbe cause of d.nftor It cannot an act, however, plainly violating ' be denied that, for five and twenty years, property secured by tbe the agitation at the North a.ainst slavery c o P be in tbe South ha-been incessant. In 18.3o y"""-1 " j pictorial handbills, and inflammatory .p. by the judiciary whenever it shall be pre Lais, were cirulated extensively through- j 8CDt'd lu a leal form; out the South, of a character to excite tbe Only three days after my loougara-pa-sions of the slaves; and, in the Yan- 1 tion, tbe Supremo Court of the United ffuace of General Jackson, "to stimulate ; Statcs solemnly adjudged that tbiB pow them to insurreetion, and produce all the j er did hot exi8t in a territorial leg.la horrors of a servile war." This agitation , tare. Yet such has boeu the factious has ever muco been continued by the pub j temper of the times tnat the correctness lie press, by the proceedings of State and j of this deci-iou has been extensively im- . .. . i- 1 .. A UFnrn tUn nonn r anil the ntlpfl- -county conventions, and by anoiition ser- mons and leotures. The timo of Congress has been occupied in violent speeches on this never-ending subject; and appeals in pamphlet and other forms, endorsed by distinguished names, have been sent forth from this central point, and spread broad east over the Uuion How easy would it be for tho Ameri can people to settle the slavery question forever, and to restore peace aud barmo oy to this distracted country. 'They, and they alone, can do it. All tbat is necessary to accomplish the ob ject, and all for which the slave States Jia ve ever contended, is to be let alone, and permitted to manage thoir domestic institutions in their own way. As sov ereign States, they, and they alone, are !; 0?M KpfnrR onH the world for the slavery existing among them. For this tbe people of the North aro not more reiDonsible, and bave no more right to in- terfere than with similar institutions in RuBsia'or id Brazil. Upon their good ense and patriotic forbearance I confess T itill ffreatlv rely. Without their aid, it is beyond the power of any President, 00 matter what may be his own political ' proclivities, "to restore peace and hartno- nv atUODtf the States. Wisely limited . . . . . " 1 e,J uea and restrained as IS his power, under OUT Constitution and laws, he alone can no- OOtupllsh but little, for good or for evil. ,, ' on suou a momentous question. "nc i Dr'n8 mo 10 observe that the election of any OHO of OUT fellow-citizens tQ ,ho Q&co q( proiiidont doetJ not of jt. . self afford just cause for dissolving the his election has boon effected by a mere plurality, nod Dot a majority, of the peo ple, and has resulted from transient and tenpr" caues' wbTicb j Pobabij never again occur. In order to justify a resort to revolutionary resistauco, the Federal Government must be guilty of "a deliberate, palpable aud dangerous exer- of nol ted J thc Con. Btitulion' The Ute pre8idcntial oleetioo, how has been held in lriot cooform. . fa n is;003 H caQ tfae . a rcvo!ottOD tQ dc tbs tonrtituSion? Rea- . f .. n ... . son, justice, a regard for the Constitution, ,- ,Lf " u n r an require that we shall wait for some . . . ., . f overt and dangerous act on the part of r :j i . v. t .- the President elect before resorting to guch a rcniedy It i? Baid boweverj that the anleoe. of U)e Pres5dent eject have been a- - . in - ..;f . , , ., a ., ., , f , . , .u that be will attempt to invade their con- i i ,0 tj . u stitutional rights. J3ut are such appre- , - f . , ; ., rrr hencions ot contingent danger in the fu- turo ,.uffiicifin. t0 - U Je imaiediate deStrucdoI1 of the Jnobet tcm of ernmeot evef 6cvhcd fc tfce ve Qf Lig bj . :i :!.: i. . :i i cont-ervative. lhe Btern duty of admin istering the vast and complicated con cerns of t hit Government affords in itself a guarautee that he will not attempt any violation of a clear constitutional right After all, ho is no more than the chief executive officer of the Government. Hi- province is not to make, but to ex ecute, the iaws; and it is a remarkable fact in hour history, that, notwithstand ing the repeated efforts of the anti-elave-ry partv, no single act has ever pacd Congns, unless wo may possibly except L. n . nnmnrn :mn n: T-lIUf in th(j 8li"btest d the' r5 ht3 of the South J thejr in aU?M And it may also be observed, judging from present indications, that no probability exists of the passage of such an act, by a mniorife nf hoth Flnnsps. either in the what authoritv are these deoiedl Not " j . Conare,Bf wbich has never passed. uc,ul,i - i - tion has given rio to angry politioal con flicts throughout tbo country. Those who have appealed from this judgement of our bighe-t constitutional tribunal to popular assemblies would, if they could, invest a territorial legislature witb power to aqnual the sacred rights of property. This power Congress is expresgly forbid den by the Federal Constitution to exer cise. Every State legislature in the Union is forbidden by its own constitution to ex ercise it It cannot bo exercised in any State except by the people in their high est sovereign capacity when framing or amending their State constitution. In like manner, it can only be exeroised by the people of a Territory represented in a convention of delegates for tbe purpose - of framio a (constitution preparatory o admission as a State into the Union - Then, and not until then are they inves- ted with power to decide the question whether slavery shall or shall not exist within their limits. This is an act of sov- ereign authority, and not of subordinate territoriil legislation. Were it otherwise, then indeed would tbo equality of tbe states in toe .territories be destroyed, and the rights of property in slaves would depend, not upon the guarantees of tbe Constitution, but upon the shifting major ities of an irresponsible territorial legis lature. Such a doctrine, from its intrin sic unsoundness, cannot long influence a ny considerable portion of our people, much less can it afford a good reason for a dissolution of the Union. The most palpable violation of constitu tional duty wbieb bate yet been commit ted, consist in tho acts of different State legislatures to defeat tbe execution of tbe fugitive slave law. It ought to be re membered, however, that for these acts, neither Congress nor any President ean justly be held responsible Having been pa.ed in violation of the Federal Con stitution, tboy are therefore, null and void. All the Courts, both Stste and national, before whom the question has arisen, have from tbe beginning declared the fugitive slave law to be eon-titutional. Tbe single exception i that of a State court in Wisconsin and thin has not on ly been reversed by the proper appellate tribunal, but has met with such universal reprobation that there oau be no danger fro id it as a precedent. The validity of this law has been established over and o ver again by the Supreme Court of tbe United States witb perfect unanimity. It is fouoded upon an express provision of the Constitution, requiring that fugi tive slaves who escape from service in one State to another shall be "delivered up" to thoir masters! Without thi provision it is a well known historical fact that the Constitu tion itself could never have been adopted by tbe Convention. In one form or otb er under tbe acts of 1793 and 1650, both being substantially the auie, the fugitive slave-law has been tbe law of tbe land from the days of Washington until the present moment. Here, then, a dear case ih presented, in which it will be the duty of the next President, as it has been my own, to aot witb vigor in executing this supreme law against thc conflicting enactments of the State legislatures. Should ho fail in the performance of this bigh duty, he will then have manifested a disregard of the Constitution and laws, to the great injury of the people of near ly one-half of the States of the Union. But are we to presume in advance tbat he will thus violate his duty! This would bo at war witb every principle of justice and of Christian charity. Let us wait for the overt act. The fugitive.slave law has been carried into execution in every contested case since the commencement of the present administration; though of ten it is to be regretted, with great loss and inconvenience to the master, and witb considerable expense to tbe government. Let us trust that the State legislatures will repeal their unconstitutional and ob noxious enactments. Unless this shall, be done without unnecessary delay, it is impossible for any human power to savo the Uuion. The Southern States, standing on tbe basis of tho Constitution, bave a right to demand this act of justioe from the States of the North. Should it be refused, then the Constitution, to which all tbe States are parties, will have been wilfully viola ted by one portion of tbem in a provision essential to the domestic security and happiness of the remainder. In that e vent, tbe injured States, after haing first used all peaceful and constitutional means to obtain redress, would be justified in revolutionary resistance to the Govern ment of tbe Uuion. I have purposely confined my remarks to revolutionary re sistance, because it has boen claimed within tho last few years tbat any State, whenever tbi shall be its sovereign will and pleasure, may secede from the Union, in accordance witb the Constitution, and without anv violation of tbe constitutional rights of tbe other members of the Con federacy. That a eanh became parties to tbo Union by the vote of it own peo pie assembled in Convention, so any one of them may retire from the Union in a himilar mannor by tho vote of such a con vention. In order to justify sooession as a con stitutional remedy it must be on the prin ciple that the Federal Government is a mere voluntary association of State-, to bo dissolvedat pleasure by any one of the contracting parties. If this be so, tbe Confederacy is a rope of sand, to bo pen etrated and dissolved by tbe .first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as ma ny petty, jarring, aud hostilo republics, eacb one retiring from tho Union, with out responsibility, whenever any Budden excitement might impel them to such a course. By tbis process a Union might be entirely broken into fragments in a few week, whioh cost our forefathers many years of toil, privation, aud blood to es tablish. Such a principle ia wholly inconsistent witb tbe history as well as tbe character of tbe Federal Constitution. After it was frame3, witb tbe greatest deliberation and care, it was submitted to conventions of the people of tbe several States for rat ification. Its provisions were discussed at length in these bodies, composed of the first men of tbe country. Its opponents contended that it oonferrod powers upon tbe Federal Government dangerous to the rights of the States, whilst il advocatos maintained that under a fair construction of the iqstruuierit there was no founda tion for such apprehensions. In that "that this Constitution and the laws of 3d of March, 1507. Tb?e authorize tb mighty struggle between the first intel- the United States which shall be made in President, after he shall have a-iacrUiMd lects of this or any other country, it never pursuance thereof; and all treaties mado, that tho marshal with his posse comiUUus occurred to' any individual, either among or which shall bo made, under the author- is unable to execute civil or criminal pro its opponents or advocates, to assert, or ity of tbe U. States, shall bo the supreme ce-s in an; particular case, to call forth even to Intimate, tbat their efforts were law of tbe land; and the judges in every tho militia and employ the army and Da all vain labor, because the moment that State shall be bound thereby, anything vy to aid him in performing tbi sorviw, any State felt herself aggrieved she might , in tbe Constitution or laws of any State hain first by Proclamation cocamand secede from the Union. jto the contrary notwithstanding." ed tbo insurgents "to disperse and retire What a crushing argument would this! The solemn sanction of religion bn peaceably to their respective abodes, witb have proved against those who dreaded been super added to the obligations of of- in a limited time." Thii duty oannot by that the rights of the States would be en- ficlal duty, and all Senators and Repre- possibility be performed in a State wter dangered by the Constitution. Tho truth (eontatives of the I nited States, Executive no judicial authority exists to issue pro is, that it was not until many years after' and Judicial officers, "both of the United oes, and where there is no marshal to the origin of tbe Federal Government States and of tbe several States, "ball be execute it, aud whore, even if there, were that such a proposition was first advanced, bound by oath or affirmation to support such an officer, tbe entiro population would It was then met and refuted by tho con-, this Constitution." ' con-titute oae solid combination to resist elusive arguments of General Jackson. I In order to carry into effect theae now- htm. who in bis message of IfJth January, transmiting tbe nuliifvingoruinance of South Carolina to Congress, employs the following language: "The right of toe peopio ot a single estate to ansoive them-elves at will, and without the oon - sent of the otber States, from their most solemn obligations, and hazard the liber- ty and happiness of tbe millions compos- ing this Union, oannot be acknowledged Such authority is believed to be utterly repugnant both to the principles upon which the General Government is coosti - tuted and to tbe objects which is was ex - pressly formed to attain.' It is not pretended that any clause in thc Constitution gives countenance to such a theory, it is altogether founded upon .a T a i inference, not from any language con- tained in the instrument itself, but from execute its own laws without the interme the sovereign character of tbe several ! diate agency of the States. This has been States by whioh it was ratified. But is it neyona tne power ot a estate, liKe an individual, to yield a portion of its sover eign rights to secure tbe remainder? In tbo languege of Mr. Madison, who has been called tbe father of the Constitution: "It was formed by the States that is, by the people in each of tbe States, act ing in their highest sovereign capacity; and formed consequently by she same au thority whioh formed the State constitu tions. "Nor is tbe Government of tbe United States, created by tbe Constitution, less a Government in tbe strict sense of tbe term, within the sphere of its powers, than tbe government created by the constitutions of the States are, within their several spheres. It is, like them, organized into legislative, executive, and judiciary de partments. It operates, like tbem, di rectly on persons and things; and, like them, it has at command a physical force for executing tho powers committed to it." It was intended to be perpetual, and not to be annulled at tbe pleasure of any one of tbe contracting partios. Tbe old articles of confederation were entitled "Articles of Confederation and Perpetual Union between tbo States;" and by the 13th article it is expressly declared that "the articles of the Confederation shall be inviolably observed by every State, and the Union shall be perpetual." Tbe preamable to tbe Constitution of the Uni ted States, having express reference to .1 . I a 1 the articles of Confederation, recites that it was established "in order to form a perfect union." And yet it is contended that this "more perfect union" does not iclude the essential attribute of perpetu iny. But that the Union was designed to be perpetual appears conclusively from the nature and extent of tbe powers confer red by tbo Constitution on tbo Federal Government. Those powers embrace the very highest attributes of national sover eignty. They place both tbe sword and tbe purse under its control. Congress has power to make war, and to make peace; to raise and support armies and navies, and to conclude treaties with for eign governments. It is invested with tbe power to coin money, and to regulate the valuo thereof, and to regulate com merce with foreign nations, and among the several State. It is not necessary to enumerate tbe other high powers which have been conferred upon the Federal Government. In order to carry the enu , merated powers into effect, Congress pos sesses tho exolusive right to lay and col lect duties on imports, and in common with tbe States to lay and collect all otb er taxes. But the Constitution has not only con ferred these bigb powers .upon Congress, but has adopted effectual means to re 1 strain the States from interfering with their exercises. For that purpose it has, in strong prohibitory language, expressly! Aam.T ,hnt "nn State shall enter into any treaty, alliance, or confederation ; ! grant letters of marque and reprisal; coin money; emitbills of credit; make anything but gold and silver coin a tender in pay - ment of debts; pass any bill of attainer, expost facto, law, or law impairing tbe obligation of contracts. Moreover, "with- out tbe'oonsent of Congress, no Stato shall lay any imposts or duties on any imports or exports, except what may be absolute- ly necessary for executing its inspection laws;" and if they exceed this amount, the excess shall belong to the U. States. And "no State shall, without tho con- nn of fWrR. lav anv duty of tonnaco; geep troops, or huiub u. ... . . UByt ur M wnui, m - , . . . peace; enter into any agreement or com- I faot, tho whole machinery of tho Fed- States, would prove aa visionary and fal paot with another State, or with a foreign eral Government, necessary for tbe dis- lacious a. the government of Congross. power; or engage in war, unless actually tribution of remedial justice among tbe evidently meaning the then existing Gon invaded, or in such imminent danger as people, has been demolished; and it would gwiw ot tho old Confederation, will not admit of delay." be difficult, if not impossible, tareplace it.' Without descending to partieularait In order still further to seoure tho un- The only acts of Congress on tbo etat- may be safely asserted tbat the poweVo interrupted exercise of tbese high powers ute-book, bearing upon this subject, are make waralnst a State i, at Ttioi against Sftata interposition, it is provided tboso of tbe 28tb February, W95, and, with thc vhole-Bp"" and tnjent oho era, the Constitution has established a . perfect Government in all its forms, Le- gislative, Executive, end Judicial; and this Government, to the extent of its pow- ers, acts airectiy upon toe individual oit- ' izens of every State, and execates its own decrees by the agennj of its own officer-, In tbi-: respect it differs entirely from tbe Government under the old Confeder- ation which was confined to making re Jquisitions on the Sute in their overeign character. This left it in the discretion iof each whether to obey or to refuse, and 'they often declined to comply with such requisitions. It tbu became nccessrj, 'for tbe purpose of removing this barrier and "in order to form a more perfect U- nion, " to establish a Government which ! i j coald act directly upon tbe people, and acco cplisbed by the Constitution of the United States. ! State," "for the erection of forts, mag- In short, tbo Government created by zine, arsenals," &o , and over these tbe tho Constitution, and deriving :t author- authority ' to exercise exolusive legisla ity from the sovereign people of each of tion" bas been expressly granted by tbe tbe several States, has precisely the same Constitution to Congress. It i? not b rigbt to exercise it- power over tho peo iieved tbat any attempt will be nisdv tc pie of all these Statcs, in the enumerated expel tbe United States from this proper cases, that each one of them pos.-e-es o- ty by force; but if in this I should prove ver subjects not delegated to the United jto be mistaken, the offieer in comaiand of States, but "reserved to the States, respoo- the forts ha n-ceived orders toaststriet tively, or to the people. To the extent of the delegated powers tne uonstitution oi tne urn tea estates is as muoh a part of the constitution of each State, and is binding upon its people, as tbougb it had been textually inserted therein. This Government, thereforo, is a great and powerful Government, invested with j all the attributes of sovereignty over the special subjects to which its authority ex- tends. Itsframers noser intended to im plant in- its boxom tbe seeds of its own de struction, nor were they at its creation gui ft a a . lty of the absurdity of providing for its own dissolution. It was not intended by it framers to be tho baseless fabric of a vis ion which, 8t tbe touch of the enchanter, would vanish into thin air, but a substan- tial and mighty fabric, apable of resist ing tbe slow decay of time and of defying tbe storms of ages. Indeed, well may tbe jealous patriots of that day bave indulged fears tbat a government of such high powers might violate the reserved rights of tbe States, and wisely did they adopt the rule of a strict construction of these powers to pre vent tbe danger I But they did uot fear, nor had they any reason to iaagine. tbat the Constitution would ever be so inter pretod as to enable any Stato, by her own act. and without tho consent ot her aister States, to discharge her people from all or any of their Federal obligations. Tt he n.knrf then, are the naoola of the States without redress against th.tho PoiTCr to orce a Stte into submission tyranny and oppression of the Federal ! which is attempting to withdraw or bas Government! By no means. Tho right, actually withdrawn from the Confederacy! of resistance on tbe part of the governed If answered m tbe affirmative, it must be against tbe oppression of thoir govern- j 00 thc p-"ciplo thoftbe power has been ments cannot bo denied. It exiat inde-1 conferred upon Congress to declare and to pende.ntly of all constitution, and has i make war a-ainst a State. After much heen exercised at all periods of tho world's 'sortou reflection I have arrived at thc hihtory. Under it old governments bave ! conclusion that no such power has been been destroyed, and new one- have taken , delegated to Congress or to any other their place. It i. embodied in strong1 department of tbe Federal Govornment. and expressive language in our own Deo-i manifest, upon an inspection of tbo laration of Independence. But the (lis- j Constitution, that this i not among the tinctiou must ever be observed, tbat this pofio and enumerated powers granted is revolution against an established Gov-' to Congress; aud it is equally apparent ernment, and uot a voluntary secession b,lt its exercise is not "necessary and from it by virtue of an inherent eonstitu- proper for carrying into execution" any tional right. In short, let us look tbe ' 0De of tbes0 Powera- So far from this danger fairly in the face : Secession is i Power ha',aS been delegated to Congress, neither more nor less than revolution. It' may, or it may not be, a justifiable revc lution, but still it is revolntion. What, in tbe moan time, is tbe respon sibility and true position of tho Executive! He is bound by solemn oath before God BOd the country tn folrn care, that the ' 1 . be. faithfullv executed." and from this obligation be cannot be absolved by" "Pob, frota which I , ball extract but : any human power. But what if tbe per single aontae. He observed : "1 he formance of this duty, in whole or in part, use of force agim.t a State would look 1 bas been rendered impracticable by events over which he could have exeroised no control ! Suoh, at tho present moment, is tbe case throughout tho State of South Carolina, so far as tho laws of the United States to secure the administration oi jus tico by means of the Federal Judiciary are concerned. All the Federal officers within it. limits, through whose agenoy a0De these laws can be carried into execu- tion, have already resigned. We no Ion. er have a district iudo. a district attor- , The bare enumeration of these provis ions proves bow inadequate tbay are with out further legislation to overcome a uni ted opposition in a sin trio State, not to speas or otner estates wno may themselves in a similar attitude. place in a similar attitude. Uon- gross alone has power to decide whether tbo present law can or cannot be amoa- ded so as to carry out more effectually tbe objects of the Constitution. Tbe same in-uperable obstacles do not lie in the way of executing the laws for the collection of the custom. The revs- nuo still continues to be collected, a here- tofore, at the custom-bouse in Charleston; and should the collector unfortuuately resign, a succe-aor may be appointed to perform this duty. Then in regard to the property of the United States in South Carolina. Thit ha been purebaTd for a fair equivalent, "by the con-ent of the legislature of the ly on tue neteuHva In such a contingo 'cy, the responsibility for oonsequonces tbe heads ot would rightfully rest upon the assailants. Apart from the execution of tbe law?, so far as this may be practicable, the Ex ecutive has no authority to decide what shall be tbe relations between thc federal government and South Carolina. He has teen insted with no suoh discretion. He possesses no power to change the re lation her- tofore existing between tbqm, much less to acknowledge tbe independ euce of tbat State. This would be to iu vest a mere executive officer with tb power of rooojinizinz the dissolution oi j the Confederacy among our thirty three Sovereign States. It bears no rase blance to the recognition of a foreign di facto government, involving no uch res ponibility. Any attempt to do this would, on bis I part, be a naked aot of usurpation. It is. therefore, my duty to submit to Congreta tbe whole question in all its bearings. Tbe course of events is so rapidly hasten ing forward, that tho emergency may soon arise, when you may bo called upon to decide tho momentous question, whelh you poswesa the power, by force of arma, to compel a State to remain in tbe Union. I should feel mjself recreant to my du ty were I not to express an opinion on this important subject. Tbe question fairly stated is : Has tha Constitution delegated to Congress was expressly rofued by tbe conven tion which framed the Constitution. It appears, from the proceedings of that body tbat on the Hist of May, 1737, the clause "auiliorizirt" an exertion of the . y .I. . Jrce V "iC e agauisz a aeunqvem oe came up ior COOsliiereilon. :ur Madison opposed it m a brief but power- oeo.arauun u. . w.,u up infliction of punishment; aud would prob- ably be considered by thc party stacked " a dissolution of all previous compact-, y aich m,aLt 00 bound. Upon hi- motion tho clause was unanimously post poped, and was never I be hero again pre- "nted Soon afterwards on the bto June 17H7 when ineidently adverting to h) be. said: "Any Government or the United Sutes forraod 1 on the snp posed practicability of using force against i....r l i? r .,
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