I J S HI M It tl I it II f t r j.TOD IIUTCIIIXSOX, Publisher. I WOULD HATDER I3E IUGIIT THAN PRESIDENT. Uesry Clay. Ti: RMS: -! il 1 1; IU-N 9 THE PRESIDENT'S.MESSAGE. Fellow Citizens of the Senate and IIOL'SE OF lvEl'RESENTATIVES : Throughout the year, since our last meet ing the country has been eminently prosper ous 'in a'l its material interests. The general hi alth has been excellent ; our harvests have len abundant, and plenty smiles throughout belaud; our commerce and manufactures bare been prosecuted with energy and indus try, au'l have yielded fair and ample returns ; iu'shert no nation in the tide of time has pre siate'l a greater material prosperity than we Lave done, until within a recent period. Why iiit, tben, that discontent now so extensively prevails, "d the Union yf the States, which is tLe source of all these blessings, is threat en with destruction? The long eoutinucd i;:J intemperate iuterference of the Northern l..Ie with the question of slavery in the vuttu'ra States has at length produced the nmnil effects. The different sections of the Imuu ar now arrayed against each, other, iuA the time has arrived, so much dreaded by tie rather of his Country, when hostile, geo-p-iii'iiKiil parties have been formed. 1 have .r.$ foreseen, au 1 oftea forewarned my coun trymen of the now impending danger. This iU'not proceed solely from the claim on the port of Congress or the Territorial Legisla Hiwtii exclude slavery from the Territories, i r from the efforts of different States to de feat the oxocutiou of the fugitive slave law il! or. i n y id those evils might have been tn iareJ hv the South, without danger to the I:.i.n, as others have been, in the hope that :o and reflection might apply the remedy. I.: i:;i:nediate peril arises, not so much from t.e?e causes, as from the f:ict that the inces- .'.ia.il violent agitation of the slavery ques u. :i throughout the North, for the last quarter efa century, has at length produced its ma l.:a influence on the slaves and inspired them t::j vague notions of freedom ; hence a sense security no longer exists around the family liter. This feeliugof peace at home has given l.ice ta apprehensions of servile insurrection. Muiv matron throughout the South retires iiaiiht in dread of what may befal herself i.i children before morning. Shoutd this ap preheuiiou of domestic danger, whether real r imaginary, extend and intensify itself until i: hull prevaid the masses of the 'Southern wnj'le ; tlen disunion will become inevitable. Soil-preservation is the first law of nature, kui ha? beoti implanted in the heart of man his Creator, for the wisest, purposes, and no political union, however fraught with bles tiijs and benefits in all other respects, can lung continue, if the necessary consequence be to render the homes and the firesides of nearly Lif the parties to it habitually and hopelessly in-ecure. Sooner or later the bonds of such a uiili.n must be severed. It is my conviction 1l.1t this fatal period has not yet arrived, and f:,it my mayor to Cod is that he would pre 'rve the Constitution and tho L'niou through u: ail generations. But lit us take warning iu time, an 1 remove the cau.se of danger. Jt rwuMt le denied that for five and twenty years fat rig.uiion at the North against slavery in. lae S jutii has been incessant. In ISo-j pioto r.Ji haud bills und inflammatory appeals were titen-lvely circulated in the South, of a char-fi-'ter to excite tlie passions of the slaves, and the language of General Jackson, to "stini 'tte them to insurrection and produce all the fc-rr-rsof a servile war.'' The agitation has T"r since been continued by the public press, ly the proceed. ngs of State and County Cou 'er.tujas. and by Abolition sermons and lcc t'ir'i. The time of Congress has b-.cii oecii- in violent speeches o;i this never ending frijvct, ai.d appeals in pamphlets and other i.riii.H, endorsed by distinguished names, have '"en .-..ta forth from this central point and Vrwl hroadcasi over the Union. How easy 'ul 1 it l,e i(jr the American pet. pie to Fettle tin? slavery question forever, und restore peace i harmony to this distracted country. They k ''i.e can do it. All that is necessary to ac r,JlllI'l'sh the object, arid all for which the ' jvc States have ever contended, is to be let :' u:.l 1 ermitted to manage their domestic irist:tuti. iris in their own way, as sovereign I'tates. They, r.nd they alone, are responsible tx.-l.ire Gud ami the world, for the slavery cx '"'S among them. For this the people of ''i! North are not more responsible, and have n.(. re right to interfere than with similar i!-"!itutions in llusia or Brazil. Upon their pud H-iir-e and patriotic forbearance 1 confess I still greatly rely. Without their aid it is j,-yi,rid the power of any President, no mat 't wh.it may bo his political proclivities, to r?",r eace and harmony among the States, "--eiy iimitt, and restrained as is his power, ''hr our Constitution and laws,Le alone can ymplish but little for good or for evil en tJtii u lnoiiieutous question. And this brings II- to observe that the election of uny one of Tell, ,w citizens to the ofOcc of President, ;'jtt i,ut of itself afford just cause for dissolv- 'i.e I nioii. This is more especially true, H i election has been effected by mere pln '1;l'. uud not a majority of the people, and has resulted from transient and temporo r: causes, which probably may never again "Clr- In order to justify a resort to revolu !l"!"iry residence, the Federal Government he guilty of a deliberate, palpable and ''Wr.jiis ei ercise of powers, not granted by '-'"astitution. The late presidential elec however, has been hebl in strict conforin '? with its express rovisions. How, then, tae result justify a revolution to destroy ''s very Constitution ? Ueason, justice, a re f""'' lor tho Constitution, oil requiro that we ,u.l ait for Borne overt and dangerous act ca the pan 0f the President elect, before re ""Z to such a remedy. t " 'ssa'nl, however, that the antecedents of '"I' resident elect have beeu hiiUkient to jus the fears of the South that he will attempt iivaJe their constitutiotstl rights. Iut are ,.U: ' a!'l;tehei;Kioii8 of contingent danger in L future burlleient to justify the immediate -traction of the noblest system of govern iut ever devised by mortals? From the "ture of Lis ollice, ami its high respou oitirs, Le must necessarily be couserutive. 'C-teiu ,iuty ot- nJiuinitcring theahtaud T''atcd ceuut-vlsvf ih'u 0 ovcriiment, af VOLUME EBENSBUIIG, PA., THURSDAY, DECEMBER 13, J8G0. fords, in itself, a guarantee that he will not attempt any violation of a clear constitutional right. Aftr nil, he is no more than the Chief Ex ecutive officer of the Government. His prov ince is not to make, but to execute the law. and it is a rematkable fact in our history, that notwithstanding the repeated efforts of tho anti-slavery party, no single act has ever pass ed Congress, unless we may possibly accept the Missouri Compromise, imparing in the slightest degree the rights of the South to their property in slaves; oud it may also be ob served, judgiDg from the present indications, that no probability exists of the juissage of such an act by a majority of both, houses, either in the present or next Congress. Surely, under these circumstances we ought to be restrained from present action by the precept of Him who spake as never man spoke, "that sufficient unto tho day is the evil thereof. " The day of evil may never come, uuless we shall rashly bring it upon ourselves. It is ailedged, as one cause for immediate secession, that the Southern States are denied equal rights with the other States in the com mon territories. But by what authority are those denied? Not by Congress, which has never passed, and I believe never will pass, any act to exclude slavery fi rn these Territo ries, anl certainly not by the Supremo Court, which has solemnly decided that slaves are property, and like all other property, their owners have a right to take them iuto the common Tei ritories. and hold them there un der the protection of the Constitution. So fur I then, as Congress is concerned, the objection I is not to anything they have already done, but j to what they may do hereafier. It w ill surely ; be admitted that this apprehension of danger is no good reason lor anmiiiicdiate dissolution of tho Union. It is true that the Territorial Legislature of Kansas, on the 'J:)d of February 1SMJ, parsed, in great haste, nn act over the veto of the Govei nor, declaring that slavery is and shall be forever pr. hioited in this Territory Such an uct, however, pla nly violating the rights of property secured by the Constitution will surely be declared void by the Judiciary whenever it shall be presented in a legal form. Only three ui3's after my inauguration the Supreme Court of the United States solemnly adjudged that this power did not exist in a Territorial Legislature. Yet such has been the factious temper of the times that the cor rectness of this decision has been extensively impugned before the people, and the question has given rise to angry political eontlitcs thro' ought the country. Those who have appealed from the judgment of our highest Constitu tional tribunal to popular assemblies, would if they could, invest a Territorial Legislature with power to annul the sacred rights of prop erty. This power of Congress is expressly for bidden by tlie Federal Government to exercise. Sl.AVtKY IX THE TKKKJTOlUKS. Every State Legislature is forbidden by its own Constitution to exercise it. It eani;ot be exercised in any State except by the people in their highe.-t tovereign capacity, when fia ming or amending their State Constitution. In like manner, it can only be exercised by the people of the Territory represented in a Convention of delegates for the purpos': of fra ming a Constitution preparatory to admioion as a State into the Union. Then, and not un til then, are they invested with power to de cide the question whethes slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subor dinate teiritorial legislation. Wi-ro it other wise, then indeed would the equality of the States in the Territories be destroyed. Hud tho ight of picpeity in slaves would depend, not upon the guarantees of the Constitution, but upon the shifLing majorities of an irresponsi ble Territorial Legislature. Such a doctrine, from its intrinsic unsoundness, cannot Ion.; intlu.'iice any considerable portion of our peo ple, much less can it afford a good reason for a dissolution f the Union. The most paipa- bie violations of Constitutional duty which , have yet been committed, consist in the acts ! of different State Legislatures to def-at the j execution of the Fugitive Slave Law. It ought to be remembered, however, that lor these acts neithei Congress nor any President can be justly held responsible ; having been pass ed 111 violation of the Federal Constitution, they are therefore null and void. All the courts, both State and National, before whom the question has aiisen, have from the begiu ii'ng declared the Fugitive Slave. Law to be Constitutional; the single exception is that of the State couit in Wisconsin, and this has not only been reversed by the proper appellate tribunal, but has met with such universal rep robation that there can be no danger from it ns a precedent. The validity of this hi w lias been established over und over again by the Supreme Court of the United States with per fect unanimity. It is founded upon an ex press provision of the Constitution requiring that fugitive slaves who escape from service in one State to another shall be delivered up to their masters Without this provision it is a well-known historical fact that the Constitu tion itself could never have been adopted by the Convention. In one form or other, under the acts of 1703 and 1 8o0, both being sub stantially the same, the fugitive slave law has been the Liw of the La mi from the days of Washington until the present uio-uent. Here, then, a clear case is presented, in which it will bo the duty of the next President, as it has beeu my own, to act with vigor in executing this supreme law against the conflicting enact ments of State Legislatures. Should he fail in the perfotmance of this high duty, he will then have manifested a disregard of the Con- stitutiou and the laws, to the great injury of the people of nearly one-half of the States of j tho Union. But are we to presume, in au I vance, that he wiilthus violate hisduty? This wtuld be at war with every principle 01 jus tice and of Christian chivity. Let us wait for the overt act. tub rrrtiTiYE slavk law. The fugitive slave law has been carried into execution in every congested case sinew the commencement of the present Administration, though often, it is to bo regretted, with great loss and inconvenience to the master, and con-v.iilei-:il.ln exnense to the Government. Let us 1 trust that the Slate Legislatures will repeal their unconstitutional and obnoxious enact ments. Unless this shall be done without un necessary delay it is impossible for any human power to savo the Union. The Southern States standing on the basis of the Constitu tion, have a right to demand this act of justice from the States of the North. Should it be re fused them, the Constitution, to which all the States are parlies, will have been willfully vio lated by one portion of them, in a provision essential to the Democratic security and hap piness of .the remainder, lu that event the injured States, after having first used all peace ful and constitutional means to obtain redress, would be justified iu revolutionary resistance to the Government of the Uiiion- 1 have pur posely confined my remarks to revolutionary resistance, because it has beeu claimed within the last few years, that any State, whenever this shall be its sovereign will and pleasure, may secede from the Union iu accordance with the Constitution, and without any viola tion of the constitutional rights of the other members of the Confederacy. That each be came parties to the Union by the vote of its own people, assembled in Convention, so any one of them may retire lrom the Union iu a similar manner, by the vote of such Conven tion. In order to justify secession as a con stitutional remedy, it must be on the principle that the Federal Government is a mere volun tary association of the States, to be dissolved at pleasure by any one of the contracting par ties. If this be so, the confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion iu any of tlie States. In this manner our thirty-three States may resolve themselves iuto as many petty jarring, and hostile republics, each one retiring from the Union without responsibili ty w henever any sudden excitement might im pel them to such a course. By tais process a Union might be entirely broken into fragments in a few weeks which cost our forefathers ma ny years of toil, privation and blood to estab lish. Such a principle is wholly iuconsistaut with its history, as it was trained wilh the greatest deliberation and care ; it was submit ted to conventions of the peoj le of several States for ratification; its provisions were dis cussed at leugth iu these bodies, composed of the firsitmen of the country ills vppouents con tended that it couferred power upon the Fed eral Government, dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instru ment there was no foundation lor apprehen sions. In that mighty struggle between tho first intellects of this or any other country, it never oecured to any individual, either among its opponents or advocates, to assert, or even to intimate that their efforts were all vain la bor, becau.-e the moment that any State feit herself aggrieved she might secede from the Union. W hat a crushing argument would this have proved against those who dreaded that the rights of the States would be endangered by the Constitutions? The truth is, that it was not until many years after the. origin of the Federal Government th it such a proposi tion was firs t advanced ; it Was then met and i refulcd by the conclusive arguments of General j Jackson, who, in his message of the 10th of ;J iiiiiary. 1S:. transmitting the nullifying or ! diiianeeof South Carolina to Congress, employs ! th; folio wi 11: h nguage ; " The r glit of the j people of n siuglu State to absolve themselves at will, without the consent of other States, ! from their m st solemn obligations, and hnz i ard the liberty and happiness cf the millions j composing this Union, cannot be acknowledg i ed." Such authority is believed to b utterly I repugnant, both to the principles upon which j the G"neral Government is constituted, and to ! the objects which it was 'expressly firmed to j attain. It is not pretended that any clause iu ; the Constitution gives countenance to such a ! theory ; it is altogether fuuiidod upon infer i once, net from any language contained in the I instrument itself, but from the sovereign char j aeter of tiie several States by which it was i ratified. But it is beyond tlie power of a State I like an individual, to yield a portion of its sov ! ereign rights to secure the remainder. In the j language of Mr. Madison, who has boen called ' the Father of the Constitution : " It was form I e i by the States that is by the people of the States acting in their highest sovereign capao ' ity, and formed, consequently, by the same ! authority which funned the State Constitu I tions." Nor is the government of the United I States created by the Constitution less a gov ernment in the strict sense of the term within I the sphere of its powers, thfin the governments I created by tho Constitutions of the Strttes are I within their several spheres. It is. like them, j organized into legislative, executive and judic iary departments, it operates use them di rectly ou persons and things, and like them it has at command a physical force for executing the powers committed to it. It was intended to be perpetual, and not to be annulled at the ! pleasure of any ouo of the 1. tract ing parties ol me comeaeraiion, au'i a pornetuai union between the States, and by tlie loth article it is expressly declared that the artioles of this coufeleratirn shsi! b inviolably observed by every State, and the Union fdiall be perpetual. The preamble to the Constitution-of the United States, having express reference to the articles of confederation, reiteratis it was established 1 in order to form a more perfect union, andyct it is contended that this more perfect union does not include the esseutial attributes of perpetuity. But that union was designed to lie perpetual appears conclusive from the na ture and extent of powers couferred by the Constitution oil the Federal Government. These powers embrace the very highest attri butes of national sovereignty they place both the sword and the purse under its control. CONSTITUTION AND STATE EXACTMKXTS. Congress has the power to make war and to make peace to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with the power to coin money, and to regulate the value there of, uud to regulate commerce with foreign n.i tiotis and among the several States. It is not necessary to enumerate the other high honors which have been conferred upon the Federal Government. In order to carry the enumera ted powers into effect, Congress possesses the exclusive right to lay and collect duties en imports, and in common witk the States to liiy and collect other taxes. But the Consti tution has not only couferredthe.se high pow ers upou Congress, but it hu3 adopted effectual means to restrain the States from interfering with their exercise for that purpose. It has in stroiMT prohibitory language expressly de clared that no State shall enter into any treaty, alliance or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, mike anything but gold and silver coin a tender in payment of debts, pass any bill of attainder, er pout fitco law or of laws impairing the obligation of contracts. More over, witiiouttheconsent of Congress, no State slu.ll lay any imposts or duties, or any imposts or exports except what mar be absolutely necessary for executing its inspection laws, aud if they exceed this amount, the excesses shall belong to the United States, aud no State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agree ment or compact with another State, or with a foreign power, or engage in war, unless ac tually invaded, or in such imminent danger as will admit of no delay. In order, still farther, to secure the uninterrupted exercise of these high powers against State interposition, it is provided that this Constitution and the laws of the United Slates, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the Supreme law of the land, and the Judges iu every State shall be bound thereby, anything in the con stitution or laws of any State to the contrary notwithstanding. Thesolemu sanction cf re litrioii has been superadded to the obligations of 'official dot v. and Senators and Keprest-uta- tives of the United States, all members of State Legislatures, and all executive and ju dicial officers, both of the United States and of tlie several States, shall be bound by oath or affirmation to support this constitution. In order to carry into effect these powers, the constitution has established a perfect govern ment, in all its forms, legislative, executive and judicial; and this government, to the ox tent of its powers, acts directly upon the in dividual citizens of even' Slate, and executes its own decrees by the r.gciioy of its own offi cers. In this respect it differs entirely from the government under the old confederation, which was confined to making requisitions on the States iu their sovereign character. This left it in the discretion of each whether to obey or to refuse, and they often declined to comply with such requisitions. It thus became necessary for the purpose of removing this barrier, and in toiler to form a more perfect union, to establish a government which could act directly upon the people, aud execute its ow n laws without the intermediate agency cf the Slates: thislias been accomplished by the Constitution of the United States. In short, the government created by the Constitution, and deriving its authority from the sovereign people of each of the several States, has pre cisely the same right to exercise its power over th3 people of ail these States, in the enu merated cases, that each one of them possesses over subjects not delegated to the United States, but reserved to the States respectively or to the people. To the extent of the dele gated powers, the Constitution tit' the United States is as much a part of the Constitution of each ruate, and is as Muding upon its people, ns though it bad been toxtualiy inserted there in, ihis (lovernnieut, therefore, is a great and powerful Government, invested with all the attributes of sovereignty over the speci fied subjects to which its authority extends. Its frumers never intended to implant in its bosom the seeds of its own destruction, nor were they at its creation guilty of the absur dity of providing for its own dissolution. It was not intended by its . trainers to be the baseless fabric of a vision, which, at the touch of the enchanted, would vanish jo.,, il.in ir; bnl a o'.,-d;uitial and l-tighty fabric, capable of resisting the slow decay of time, aud of defying the. storms of age. Indeed, well may the zealous patriots of that day have indulged fears that a Government of such high p wers might violate the reserved rights of the States and wisely did they adopt tho ruie of a strict construction of these powers to prevent tho danger. But they did not fear, nor had they any reason to imagine that Cue Constitution would ever be so interpreted r.sto finable any State, by her own act, to discharge her people from ail or any of their federal obligations. UIOHTS OK THK STATES SOUTHERN" SECESSION. It may be asked, then, are the people of the South without redress against the tyranny and oppression of the Federal Government? By no means. The right or' resistance 011 the part of the governed against the oppression of their governments cannot be denied. It exists in dependent of all constitutions, and has been exercised at all periods of tile w 01 Id's history. Under it, old governments have been destroy ed, and new ones have taken their places. It is cmrwiied in strong and express language iu our own Declaration of Independence. But the distinction must ever be observed, that this is revolution against an established gov ernment, and not a voluntary secession from it by virtue of an inherent Constitutional right. Iu short, let us look the danger fairly in the face. Secession is neither more nor less than revolution. It may or may not be justifiable revolution, but still it is revolution. What, in the meantime, is the responsibility and true position of the -Executive? He is bound by a solemn oath before Cod and the country "to take care that the laws be faith fully executed, and from this obligation he cannot be absolved by any human power. But w hat if the performance of this duty, in whole or in part, lias been rendered impracticable by events over which lie could have exercised 110 control? Such at the present moment, is the case throughout the Stilts of South Carolina, so far as the laws of the Unite. 1 Slates to se cure the administration of justice by means of the Federal Judiciary are concerned. All the Federal officer within its limits, through whose agency alone these laws can bo carried into executioiirbave resigned. We no longer have a District Judge, a District Attorney, or Marshal iu South Carolina. In fad the whole machinery of th Federal Government neces sary for the distribution of remedial justire among the peefde, has been demolished, and if would be difficult, if not impossible, to re place it. The only acts of Congress on the siatate book, bearing upon this subject, are those of the 2Sth of February. 171j, and 3d -March, 1807. These authorize tlie President, aiter ne shall have ascertained that the marshal, with his posse comitalus. is unable to executecivil or criminal process in auj" particular case, to call forth the militia, and employ the army and jiavy to aid him in performing ihis service, having first, by proclamation, commanded tiie insurgents to disperse, aud retire peaceably U their respective aboccs, within a limited time. This, duty cannot by possibility be performed iu tile State, where no judicial authority ex ists to issue process, aud where there is 110 marshal to execute it, and where, even if there were such an officer, the entire populatiou would constitute one solid combination to re sist hira. The bare enumeration of these pro visions proves how inadequate they are with out further legislation to overcome a united opposition iu a single State, not to speak of other States who may plaice themselves in a similar attitude. Congress alone has power to decide whether the present laws can or can not be amended so as 10 carry out more effec tually the objects of the Constitution. Tiie same insuperable obstacles do not lie in the way of executing the laws for tiie collection of the customs. The revenue still continues to Le collected as heretofore, at the Custom House, iu Charleston, and should tlie collector unfortunately resign, a successor may be ap pointed to perform that duty: Then, in regard to the property of the Uni ted Mates in South Carolina, 'ihis has been purchased for a fair equivalent by the consent of tiie Legislature of toe State, for the erection efforts, arsenals, Se., aud over these, tin: au thority to exercise exclusive legislation iias been expressly granted, by the Constitution, to Congress. It is not believed that any at tempt wiil be made to expel the United Stales from this property by force, but, if in this 1 should prove to bo mistaken, the officer hi the command of the forts has received orders to act strictly ou the defensive. Iu such a con tingency, the responsibility for consequences would lightly rest upon lae heads of the as sailants. THE TKESIDEKT's r-OWEIl, BY THE CONSTITUTION, OVEU SECEOiNO STATES. Apart from tlie execution of the laws, so far as this may be practicable, the executive has no authority to uecide what shall be the rela tions between the Federal Government and South Carolina, lie has been invested with no such discretion. He possesses no power to change the relations heretofore existing be tween them, lunch less to acknowledge the independence of that State. This would be to invest a mere executive officer with the power of recognizing the dissolution of tlie confeder acy among" our thirty-three sovereign states. It bears no resemblance to the recognition of a foreign de facto government, involving no such responsibilities. Any attempt to do this would, 011 his part, be a naked act of Usurpa tion. It is, therefore, my duty to submit to Congress the whole question in all its bearings. The course of events is so rapidly hastening forward, the emergency may soon :iS rive when you maybe called upou to decide the moment ous question whether you possess the power by force of aims lo compel a State to remain iii the Union. 1 should feel myself recreant to my duty, were 1 not to express an opinion 011 this important subject. Tne question fairly stated is: ifas the Constitution ueiegated to Congress the power to force a State into sub mission, whicli is attempting to withdraw, or has actually withdrrwn from the Confederacy? If answered in the aitirmative, it must be on tiie principle that the power has been conferred upon Congress to declare and to luiinc Wnr against a State. After much serious reliection. 1 have arrived at the conclusion that no such power has been delegated to Congress, or to any other depart luem of the Federal Government. It is man ifest, upon au inspection of the Constitution, that this is not among the specific and enumer ated powers granted to Congress, and il is finally apparent that its exercise is not neces tarv uud proper for carrying into execution any one of these powers. So far from this power having been delegated to Congress, it was expressly relused by tlie Convention that framed the Constitution.. It ajipears from the proceedings of that body, that ou the iirt of May, 17S7, the clause authorizing an execution of the force of the whole ugainsi a delinquent State came up for consideration. Mr. Madison opposed it in a brief but powerful speech, from which 1 shall extract but a single sentence. lieobserved: '-Theise of force againsta State would look more like a declaration of war than an infliction of punishment, aud would probably be considered by the party attacked as a dissolution of all previous compacts by which it might be bound." Upon his motion the clause was unanimously postponed, and was never, 1 believe, again presented. Soon afterwards, oil the Sta of June. 1737, when in cidentally advening to the subject, he said any iroveniment for the United Slates, formed on the suMiosed practicability of 1 ibroc j against the unconstitutional .proe-euings of j the States, would prove ::s visionary and t:il lacious as the government of Congress, evi dently meaning the then existing Congress of the old confeueration. "Without descending to nartieulars. it mav be safely asserted that the power to make war against a S variance wilh the whole si ;i it and te is at , tent ot 1 the Constitution. Suppose such a war should result in the con a u est of a State, how are we to govern il afterwards? Shall we Lold it as a piovince, aud govern it by despotic power? In the nature of things wt cannot by physical force control the will of the people, and com pel them to elect Senators and Ueprescutati ves to Congress, and to perform nil the other du ties depending upon their own volition, and required from the free citizens of a free State as a constituent me mber of ihe confederacy. But if we possessed this power, would it lie wise to exercise it under existing circumstan 1 ces? The object would be, doubtless, to pie serve the Union. "War would not only piove i the most t fiectual means of destroying it, but ' would banish all hpe of its peaceful recen I s-truction besides. In the traternal conflict a DUMBER 17 vast amount of blood aud treasure would be expended, rendering future reconciliation be tween theStatcs impossible. In thcnieantime, who can foretell what would lie the sufferings aud priv.Uious of the people during:. its exist ence. The fact is, that our Union rests upou public opinion, and can nevtr be cemented h-y the blood of its citizens shed in civil war. If it cannot jive in the affection of the people, it mustoiie day perish. Congress possesses many means of preserving it by conciliation ; but the sword was not j. laced in their hands l. preserve it by force. But may I be permiited solemnly to invoke my countrymen to pauso aud deliberate before 1 hey determine to destroy tiiis, the grandest temple which has ever been dedicated to human freedom since the w orld began. It has been consecrated by the blood of our fathers, by the glories of the past, and the hopes of the future. The Union has already made us the most prosperous, and ere lonir -will, if preserved, render us the most powerful nation on the face of the earth. Iu every foreign region of the globe the title of American citizen is held iu the highest respect, and when pronounced in a foreign land, it causes the hearts of our countrymen to swell with honest pride. Sure ly, when we reach the brink of the yawniz;g abyss, we shall recoil with horror from tho last fatal plunge. By such a dread catastro phe, the nopes of the friends of freedom throughout the world wouldbe destroyed, and a long night of leaden despotism would en shroud the nation. Oor example for mora than eighty years would not only be lost, bnj it would be quoted as a conclusive proof thai man is until for self-government. It is not every wrong, nay, it is not every grevious wrong which can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, after every other constitutional means of concilia lion had been exhausted. We should reflect that under this free government Hiere is an incessant ebb aud flow in public opinion; tho slavery question, like everything human, wiil have its day. I firmly believe that it has al ready reached and passed the culminating point. But if. iuthc midst of the existiug ex citement, the Union shall perish, the evil may then become irreparable. WHAT C'ONGI'.ESS SHOULD DO. Congress can contribute much to avert it, by proposing and recommending to the Legisla tures of the several States the remedy for ex isting evils, w hich the Constitution Las itself provided for its ow n preservation. This has been tr.ed at different critical periods of our history, and always with abundant success. ' It is to be found in the otli article, providing for its own amendment. Uuder this article, amendments have beenproposed by two thirds of both houses of Congress, and have been rat- ; ifie l by the Legislatures of three-fourthecf the several States, and have consequently become 1 parts of the Constitution. To this process the country is indebted for the clause prohibiting Congress from passing any law respecting any establishment ol religion or- abridging tlid ; freedom cf speech, or of any press, cr of tho right of petition. To this we are also indebted for the bill of rights which reeures the people against any abuse of power by the federol gov ernment. Such were the apprehensions justly er.t .Ttaiued by the friends of State rights at that period ns to have rendered it cxtremtlv uoubiful whether the Constitution could have long survived without theso amendments. Again, the Constitution was amended by the same process after the election of President Jefferson by the House of li'presentatives iu February, lt-OU. Thisamendnient was rendered necessary to prevent a recurrence of the dan gers which had seriously tbreatenned tho ex istence of the government during thependency ct that election. The ai tide 101 its own amend ment was intended to procure tho amicable ad- : justmeut of conflicting Constitutional questions iike the present, whicli mijht arise between the governm?tiiS of the Suites aud tLat of the United States. . This appears from cotemporancous history. In this connection 1 shall merely call attention to a few instances in Mr. Madison's justly cel brated report, in 177'J, to the Legislature of Virginia. In this ho ably and conclusively defends the resolutions of the preceeding Leg islature, against the strictures of several other State Legislatures. These were mainly found ed upou the protest of the Virginia Legislature against the Alien and Sedition Acts, as palpa bleand'alarming infractions of theconstitutiou. In pointing out the peaceful aud constitutional remedies (and be referred to none other) ti which the States were authorized to resort on such occasions, he concludes by saying that the Legislatures of the States might have n.ado a direct representation to Congress, with a view to obtain rescinding of the two offensive acts, or they might Lave represented to their res pective Senators in Congress their wish that two-thirds thereof would propose any explan atory euicndmciit to the Constitution; or two thirds of themselves, if such had been their op tion, might, by au application to Congresss, have obtained a convention for the same object I This is tho very course which 1 earnestly rec- omniend. m order to obtain an explanatory . Biaetitinff nt cf t!? Constitution on the subiect of slavery. This might originate wi;ii Congress or the State Legislatures, as may lie deemed most n dvisable to attain the object. Tho ex planatory amendment might Lecoufined to tiie final settlement of the true costruction of the Constitution on three suecial noiuts). First, ah 4 1 - exuress recocuivioii on the risrht f nrnnertr . . . 1 . j iu blavei m the States where it now exists, or may Lereafler exist. Second, the duty of pro tecting this light, iu all tho common territo ries, throughout thtir territorial existence, aud until they shall be admitted as States iuto tho Union, with or without slavery, a the;r' Constitution may prescribe. Third, A 'ike re cognition of the right of the master to have hi -slave, who has escaped from one Stale t- an other, returned and delivered up to him. and. of the validity of the fugitive slave law enact ed for this purpose, together wilh a declara tion that all Slate laws impairing or delati.ig thisiijiht are violations ! the Constitution, and are consequently null and void. It niay be objected that this construction of Ctj Con stitution ias ulrt-ady boen settled by tne Su. reOi Court of tae United S tates, and li..t "TV 1 I S 1 4k a d d j- a 1 0 3, it a. h, ; .1 Sn 7-11- V1 1 rs. : in ed 1 ft s 'rst ;ir. i ; w- . X ) ; for s 1 . tli- er- . WW Trt-,re- l I Ixo Alb ain ; ; '. BIJ OU 'vth-il 1 ' , j l' I f -r . -rl i) V
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