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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/38554-8.txt b/38554-8.txt new file mode 100644 index 0000000..6a550ea --- /dev/null +++ b/38554-8.txt @@ -0,0 +1,3950 @@ +The Project Gutenberg EBook of The Crisis of Eighteen Hundred and +Sixty-One In The Government of The United States., by A. D. Steight + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Crisis of Eighteen Hundred and Sixty-One In The Government of The United States. + Its Cause, and How it Should be Met + +Author: A. D. Steight + +Release Date: January 11, 2012 [EBook #38554] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK CRISIS OF 1861 *** + + + + +Produced by David Edwards and the Online Distributed +Proofreading Team at https://www.pgdp.net. + + + + + + + + + + THE CRISIS OF + EIGHTEEN HUNDRED AND SIXTY-ONE + IN THE GOVERNMENT OF THE + UNITED STATES. + + ITS CAUSE, AND HOW IT SHOULD BE MET. + + + CONTAINING THE CELEBRATED PROCLAMATION OF ANDREW + JACKSON TO THE SOUTH CAROLINA NULLIFIERS; WEBSTER'S + ANSWER TO HAYNE ON THE SUBJECT OF NULLIFICATION, + AND SEVERAL EXTRACTS FROM LETTERS WRITTEN BY JOHN + JAY, JAMES MADISON, AND ALEXANDER HAMILTON, PENDING + THE ADOPTION OF THE CONSTITUTION. + + + BY A. D. STREIGHT. + + + INDIANAPOLIS, IND.: + PUBLISHED BY THE AUTHOR. + 1861. + + + + +Entered according to the Act of Congress, in the year eighteen hundred and +sixty-one, BY A. D. STREIGHT, In the Clerk's office of the District Court +of the United States for the District of Indiana. + + + + +CONTENTS. + + + Crisis--its Cause 7 + + Crisis--How to Meet it 17 + + Constitution 17 + + Crittenden's Amendment 94 + + Jackson's Proclamation 41 + + Jackson's Administration compared with Buchanan's 68 + + Missouri Compromise 93 + + Missouri Compromise compared with Crittenden's Amendment 92 + + Oath of President 22 + + People--shall they rule 84 + + People--duty of 85 + + Treason--what constitutes 23 + + Treason--who are guilty of 23 + + Union--how to preserve the 81 + + Union--the effects of war to sustain the 83 + + Union--why founded--Madison and others' opinions 36 + + Union--utility of 24 + + Webster's answer to Hayne 68 + + + + + TO THE FLAG OF OUR UNION, + TO THE MEMORY OF THE IMMORTAL HEROES, + WHO ESTABLISHED IT, + AND TO THE TRUE HEARTED PATRIOTS, + WHO WILL MAINTAIN IT, + THIS VOLUME IS MOST RESPECTFULLY DEDICATED, + BY THE AUTHOR. + + + + +PREFACE. + + +In presenting this volume to the people, we shall offer no apology. It has +been our constant effort to condense into as small a compass as possible +our views relative to the cause of our nation's calamity, and the proper +course to be pursued to restore the supremacy of the laws, the integrity +of the constitution, and to preserve the Union. We have aimed at nothing +but the good of our distracted country. That some will differ with us +relative to our proposed plan of managing our national affairs in this +hour of peril, is no more than we expect. We are aware that there are +true-hearted and well-meaning men who are of the opinion that we had +better compromise with the traitors to our country than to use forcible +means to compel obedience to the laws. But we think they are seriously +mistaken; that such a measure will but produce a temporary calm that will +be succeeded by a storm of increased violence. We have labored in the +first place to show that our present troubles are owing to a mistaken +policy on the part of our government in adopting temporary pacification +measures, instead of maintaining the supremacy of the laws. We have also +endeavored to show from letters written by some of the founders of our +government, that this is a government of the people collectly, and not a +government of the States. We have further endeavored to show that the +wisest of our statesmen were in favor of enforcing the laws regardless of +the feelings of those who rebelled against them; and finally, we trust, +that we have shown that a Republican government cannot be maintained +unless the people of every section of the country are compelled to submit +to the constitutional acts of the majority. We wish our Southern brethren +no harm, but they _must_ learn that this is a government composed of +freemen who will submit to their dictation no longer; and the sooner they +are apprized of this fact the better it will be for all parties concerned. +The necessity for a work of this kind has caused us to lay aside most +pressing business matters which needed our attention; but in these +perilous times we feel it our duty to do all we can to unite the people +upon this momentous crisis in our national affairs. The hurried manner in +which this work has been prepared, will account for the imperfections. + +A. D. STREIGHT. + + + + +THE CRISIS. + +WHAT PRODUCED IT. + + +When we behold a blooming youth, just entering upon the sphere of manhood, +the fondest hopes of his honored parents, the admiration of all who know +him, the brightest genious of his age, begin to wither and decay, our +sinking spirits are aroused to make deep, anxious, earnest enquiry as to +the nature and cause of the disease that threatens to drag him to an +untimely grave, and bring misery, sorrow and pain to his unhappy parents, +friends and admirers, and if there is to be found a remedy within the +knowledge of man that will remove the malady, we are wont to apply it with +the utmost promptitude, and await its effects with fearful apprehensions +and the deepest suspense. No time is lost or exertion spared by the +friends of the afflicted, but with a united effort they rally, each +anxious to contribute the utmost of his ability to rescue the unfortunate +sufferer from the dangers that threaten to rob them of one to whom they +feel bound by every endearing tie that binds mankind to earth. Now, while +a case like this should justly excite our sympathies and awaken every +principle of humanity dwelling in the heart, yet how unimportant and +insignificant is such a case, when compared with the decaying symptoms of +a great, free, powerful and prosperous nation of over thirty millions of +inhabitants, whose institutions have been the hope and pride of the +friends of liberty, whose prosperity is the marvel of the world, whose +commerce extends to the most remote portions of the earth, whose territory +covers twenty-three degrees of latitude and sixty degrees of longitude, +whose soil is unsurpassed for the variety and richness of its +productions, whose government has been the shield and asylum for the +oppressed of all nations, and whose prosperity and power has been the +object of jealousy and dread of the tyrants of every division of the +globe. Yes, America has been, since the beginning of the nineteenth +century, the stumbling block of tyrany, the good samaritan to the poor and +unfortunate of the civilized portions of the earth, her unexampled +progress the astonishment and admiration of every lover of liberty and +friend of humanity, the framers of her institutions are honored as the +noblest statesmen of any age, for their patriotism, purity and wisdom. And +yet, strange as it may seem, this model government, this land of the free +and home of the brave, presenting an aggregate of individual and national +wealth, happiness and prosperity unequalled by the same numbers on the +face of the earth, although in the first century of its gigantic infancy, +it is now trembling with all the convulsive symptoms of revolution and +civil commotion, which threatens to undermine the very basis of our +institutions and our liberties. Nay, the threatening storm is now +producing a tumultuous sensation that is rocking the temple of liberty +from top to bottom, and from center to circumference. + +Such being the sad picture of the true condition of our country, we will +proceed to make earnest enquiry as to the cause of the existing evils and +from whence they come; for it is a well known principle in politics, as +well as every other science, that in order to apply the rightful remedy +for an existing evil, it is of the utmost importance that the nature and +source of the evil should be carefully studied, and thoroughly understood +by those having the case in charge. + +Although the threatening aspect of our national affairs have called forth +the opinions of some of our most able statesmen, relative to the causes of +our present troubles, yet, with due deference to their talents, sagacity +and wisdom, we feel constrained to say, that, in our opinion, they have +entirely overlooked, or omitted to mention, one of the chief causes that +have rendered the people of the Southern States so turbulant, defiant, +and, at last, nearly ungovernable. + +We will now proceed to give a brief statement of what we believe to be +the source from whence most, if not all, our present difficulties can be +traced, and by so doing we trust the means for restoring peace to the +country will be more easily and unanimously decided upon. + +In searching the political history of our country, it appears that in 1819 +and '20, Congress objected to the further extension of slavery; (which, of +course, it had a perfect right to do,) consequently Missouri was rejected +when she applied for admission, because of her constitution recognizing +that institution. At this the South became very indignant, and her +statesmen predicted a speeded dissolution of the Union, unless Missouri +was admitted. The result was a compromise in which the South obtained all +she demanded, and then we learn nothing of her revolting spirit until the +celebrated tariff difficulty came up, which called out General Jackson's +proclamation, in 1832; and although that old hero stood his ground firmly +and did his whole duty nobly, yet there were those who were fearful that +South Carolina would injure herself, like the spoiled boy, who throws +himself on the floor, and in the midst of his rage, proceeds to bruise his +head against articles of a more substantial character, consequently there +was a compromise effected to appease her wrath. Again, when we were about +appropriating money to pay Mexico for territory obtained from her, David +Wilmot offered a proviso, that inasmuch as slavery did not exist in that +territory at the time it came into our possession, it should not exist +there thereafter. A very wise proviso, and a vast majority of the people +of the country were in favor of it, but then it did not suit the South, +consequently, her statesmen predicted an immediate dissolution of the +Union, if Mr. Wilmot's proviso should become a law, and, of course, most +of us loved the Union, hence we threw Mr. Wilmot's proviso overboard. But +shortly after that, California made application to come into the Union as +a free State. This was very obnoxious to our Southern brethren, +consequently, they would dissolve the Union, unless there was some +concessions made. Every body was at a loss to know what the nature of the +concession could be, for the government had already signed several blanks +for the South to fill out to their own liking, and it was supposed, that +in their wisdom, they had secured, at least, what belonged to them; but +then the country was declared to be in imminent danger of a speedy +dissolution, unless there could be a compromise effected with the South. +All hands were set at work to ascertain whether there was anything which +the government had not already granted them, and after diligent search it +was found that there was occasionally a fugitive slave escaping from +southern bondage, and as the people in some pertions of the country were +not much inclined to extend any great amount of sympathy to those who were +wont to pursue said fugitives, the South finally concluded to make this +proposition: That in case the government would compel every northern man +to aid in catching and returning the fugitive slaves at his own cost and +expense, then they, the South, would allow California to be admitted as a +free State, and suffer the Union to remain undivided. Most of us remember +well when this ultimatum was presented to us. We generally disliked the +idea of being called blood hounds and negro catchers, by the civilized +nations of the earth, saying nothing about the expense or our feelings +attending this unpleasant operation, but then we loved our country, and +could not think of its destruction without feelings of sadness, and when +the fire-eating gentry would show their teeth, brandish their bowie knives +and draw their revolvers, expressing their readiness, willingness, and +final determination to shoot down, cut and carve, and smash things +generally, provided we did not consent to catch Sambo; life being sweet to +us, and peace being desirable, we finally concluded to save our country, +even if we were compelled to chase Sambo to do it. And here again we +compromised upon the basis of what was called the Fugitive Slave Law of +1850. We do not claim any great show of bravery or firmness in this case, +but then if self degradation and humiliation to save our country is a mark +of patriotism, we would be sorry to hear of a more patriotic people than +we of the north proved ourselves to be in this transaction. + +Peace being again declared to exist, things seemed to move quietly along +until the winters of 1853-'54, when, to everybody's surprise, (I mean in +the North,) one Stephen A. Douglas, desiring to become President of the +United States, set himself at work to find out whether there was not +something more which the South might have granted her to enhance her +interests. Stephen, being a man of great industry and perseverance, +searched carefully and thoroughly, and at last he found a restriction on +the extension of the institution of slavery north of thirty-six degrees +and thirty minutes north latitude. With great earnestness, and a show of +fairness, he entered into the task of removing this restriction. He was +soon made acquainted with the fact that this restriction was but a part of +a solemn compact, and that the party for whose benefit the restriction was +established, had paid for it a large price, and a disinheritance at this +time would be gross injustice toward the party aggrieved. + +Even some of the Southern Senators labored hard to dissuade Stephen from +his purpose, on this account, but then Stephen was desirous of becoming +President, and not being excessively burthened with a high sense of +justice, he was inexorable in his undertaking, and pressed it with vigor +and energy. Southern statesmen espoused the cause with their usual +unanimity, and again declared that unless the restriction was removed this +Union would be dissolved. All will remember how reluctant the people of +the free States were to grant this demand; but, as in former times, we +loved our country, and when its very existence was threatened we were +desirous of avoiding the great calamity; hence, the restriction was +removed, and the famous Kansas and Nebraska Act became a law. + +Although the South had thus far been successful in obtaining whatever they +demanded, nevertheless, the defiant course they had pursued, the +increasing frequency, and the nature of the demands, together with their +refusal to be governed by a compromise, even after dictating the terms of +it themselves, began to open the eyes of some of our Northern +statesmen--hence, the Republican party sprang into existence in 1854 with +the avowed intention of resisting through the ballot-box each and every +encroachment from our Southern brethren thereafter. This was declared by +the South to be very dangerous to the Union, and in 1856, when the +Republicans run a candidate in the person of John C. Fremont for the +Presidency, the South declared that to be a great insult to her dignity, +and a just cause for a dissolution of the Union. She blustered and +threatened to such an extent that they succeeded in frightening the people +of some of the free States into the support of James Buchanan, which, +together with her united vote, she succeeded in carrying the election, and +Mr. Buchanan became President. It soon became evident that the South were +not any way inclined to abandon their aggressive policy. The attempt to +subjugate the people of Kansas by forcing slavery upon them, against the +well known wish of three-fourths of the inhabitants, was sufficient to +wake up still another class of the people of the free States, which caused +large accessions to the Republican party, and a complete division of the +Democratic party. Finally, the Democrats met at Charleston on the 23d day +of April, 1860, to nominate candidates for President and Vice-President. +Protection for slave property in the territories was demanded by the +South--it was rejected--the convention split and adjourned. The South +nominated a separate candidate upon the slave protection platform, and +again resorted to her old tune of declaring the Union in danger; but the +people had become disgusted with this kind of electioneering, and most +emphatically refused to be bullied into the support of that dogma; +consequently they cast their votes for Abraham Lincoln, and elected him, +which is now declared by the South to be sufficient cause for dissolving +the Union. But some of the more moderate of the Southerners are willing to +suffer a portion of the Union to remain undivided, provided the North will +consent to amend the Constitution so as to legalize slavery as a national +institution. This is a very moderate request indeed; but, fellow +countrymen, _are you ready to grant it_? + +We have thus sketched a brief history of what we believe to be the true +cause of the present crisis. And why is it the cause? The answer is plain +to everyone--the South have been in the habit of controlling the policy of +the government, by argument, if they could, but by threats of violence if +they failed with the first. They have been successful in so many schemes +of this kind, that they began to look upon that condition of things as +co-existent with our government. Now we shall not contend that our +Southern brethren are any more turbulent and ungovernable than the same +number of Northern men would be, if they had been similarly dealt with. +Had the government of the United States, instead of compromising with the +South when threats were made, pursued a straightforward course regardless +of the threats, or those who made them, and in case there had been +forcible resistance to the laws, called out sufficient force to suppress +the rebellion, then the people of the South would have learned one +important lesson in earlier times. + +This would have saved both them and the government much trouble and +expense, but since they have not learned this lesson before, they should +learn it now; and though they may be somewhat like an overgrown, +high-spirited colt, that has never been harnessed, yet, with patience, +kindness and _firmness_, we trust they will still learn the lesson without +very seriously injuring either themselves or others. Should this not be +the case, if they are determined to resist all legal restraint, can there +be any advantage in further delaying the use of force? Can any one pretend +that further concession would help the case permanently? There is no use +of dodging the question. All must admit that the great cause of our +present troubles is owing to an unwillingness of the South to submit to +any terms except such as they may dictate. And some of them have even gone +so far as to say that even though they are allowed this privilege, they +would not abandon their treasonable designs. Verily we believe that Uncle +Sam has spoiled some of his boys by over indulgence. We will endeavor to +show this to be the case, by showing that, where resistance to the laws +has been met by force, instead of concession, the people are more +law-abiding citizens, at least we hear of no threats from that source of +overthrowing the government, unless certain measures are adopted. It is a +noticeable fact that, during our national existence, there has never been +any concession, on the part of the government of the United States, +granted to any portion of the north, where there has been resistance to +the laws; but the strong arm of the government has been used to put down +such resistance whenever it became necessary. The great rebellion of 1785, +called Shay's Rebellion, was met with force, and the leaders punished. The +great Whisky Rebellion, as it is called, was suppressed with an armed +force 15,000 strong in 1794. General Washington was then president, +showing that he recognised the principle of suppressing insurrection by +force, if necessary to do so, in order to maintain the supremacy of the +law. Again, we find the United States using force to carry out the +fugitive slave law in the Burns case, and, in fact, several others. The +Kansas troubles were met with force, not compromise. All these cases have +occurred in the north, and have been promptly met by the government, which +has had a tendency to teach the people of that section of the country +that, to resist the laws, is sure to incur the legal penalty. Remonstrance +has been of no avail--the laws were pointed to as the guide. This was the +case particularly in the Kansas troubles, when the laws of the notorious +bogus legislature were being forced upon the people by the government +bayonets. Mr. Buchanan was then implored to desist, and allow the people +to re-construct the laws of the territory. They were told that, although +the laws were oppressive, yet so long as they remained on the statute +books of the territory, they were the laws of that country, and must be +enforced. This has uniformly been the course of the government toward the +people of the north. We do not complain of this, but simply refer to it to +show that, while the people of the north have been taught to obey the +laws, or suffer the penalty of their violation, the people of the south +have been allowed to control the policy of the government by threats and +violence, and as might have been expected, they have at last become +entirely insufferable. They will no longer be satisfied with anything in +reason or out of reason. They will neither be peaceable, nor allow others +to live in peace. Their demands have become more frequent and of a more +startling character--and why is this? It is because they have never been +made sensible of the fact that the government of the United States is +capable of enforcing its laws in that portion of the country as well as in +any other. + +How absurd it is, then, at this time, for us to offer them another +compromise--it would be like adding new fuel to the fire, it might +suppress the flame momentarily, but when it bursts forth again it would be +with increased vigor and violence. We should not compromise in the least +if we desire permanent peace, but administer the laws with firmness and +justice; and although it may take the force of arms to do so, yet a +rivulet of blood, spilt at this time, will prevent rivers of it in the +future. Let us not entail the evil effects of failing to perform our duty +upon our children, but sternly perform our whole duty, and transmit to the +next generation the good old ship of State in a sound and navigable +condition; and if there be mutineers who persist in her destruction let us +warn them manfully of the dangers they are incurring upon themselves, and +as a last resort, rather than give up the ship, let us arrest their +progress by force. + +Although we have given at length what we believe to be the great primary +cause of our present crisis, yet there are other more immediate causes, +among which is the course that the Northern press have pursued since this +secession movement has assumed a more positive form. Many of the leading +papers have advocated the policy of allowing such States to secede as +choose to do so. And others have been loud with their demands for +concession and compromise upon any basis that would satisfy the traitors +and restore peace. While still another class have battled manfully for the +supremacy of the laws. This division of what is taken for the public +sentiment, has been a source of consolation and encouragement to the +traitors, while the government of the United States has stood silent with +folded arms and allowed itself to be robbed of millions of dollars worth +of property without raising a hand or uttering a solitary protest against +the theft. What more encouragement could those who have been engaged in +this treasonable scheme have asked for or desired? They have been told by +a portion of the Democratic press that they were perfectly justifiable in +dissolving the Union; and by a portion of the Republican press, that +although they were by no means justifiable in committing such an +outrageous act, yet, if they were really in earnest, and were determined +to do so or fight, then they could go ahead, for there would be no +fighting to maintain a Union with such unruly neighbors. Such seems to +have been the reckless and ill-timed course on the part of the press at +this present juncture, that it has encouraged the traitors by, +representing the friends of the Union as divided into fragments, thus +removing all opposition to their reckless course. Had the press of the +North presented an unbroken front in favor of the Union, and a +determination to stand by it regardless of threats or even of violence, we +have every reason to believe that the South would have hesitated and +considered the nature of the calamity they were bringing upon themselves +and their country. That the spirit of compromise heretofore exercised on +the part of our government toward those who have threatened violence, is +the great source of our political troubles, can hardly admit of a +doubt--why should we pursue the policy still further that has brought us +to the very verge of ruin? Since it is our wavering, compromising, and +undecided course that has brought our country to ruin, let us proceed to +adopt a more firm and decided course. Give the South all that is their +right, and boldly refuse to submit to any dictation beyond our +constitutional duty. This is not the time to amend constitutions nor to +change public opinion, but let every man rally to the support of his +country, and when peace is restored and traitors have laid down their arms +and signified a willingness to submit to the laws, we will have more +leisure to investigate the nature of the proposed constitutional +amendments. + + + + +THE CRISIS, + +AND HOW TO MEET IT. + + +In the government of nations there are, sometimes, crises of the most +momentous importance. They either promote stability or terminate in ruin. +The result depends upon the virtue and patriotism of the mass of the +people, and the wisdom, prudence and unflinching firmness of their rulers +and statesmen. + +The United States of America are in the midst of just such a crisis at +present, and nothing is more important than correct views with regard to +that crisis on the part of the people. To aid in the dissemination of such +views, in order to produce unity of action among all classes of the people +is the object of this publication, in which we shall ignore mere +partisanship and take large and patriotic and comprehensive views of the +genius and principles of our government. + +One of the gravest questions for the consideration of the people of this +nation, and for their enlightened solution, has just arisen, that has ever +been presented for an answer since the formation of our republican +government. It is this: Has any State in the Union a right, under the +present Constitution, peaceably to withdraw itself from that Union, for +the purpose of setting up a separate, distinct, and, necessarily, +conflicting nationality? + +Very important is it that this question should be correctly answered in +the present juncture, and that the people should be fully prepared to act +understandingly. Vast and immeasurable results depend upon it. + +If this vital question could be answered in the affirmative, as some seem +to think, then would the federal compact, by which these States are held +together, be a mere rope of sand, without strength or tenacity, subject to +be ruptured by the slightest discord. Such a solution of the question, if +acted upon _practically_, would carry us back to the old confederation, by +the articles of which these States were connected in their associated +capacity previous to the adoption of the present constitution. And what +was that confederation? Merely a league of States, in which each +individual member of that league was at liberty to act in her sovereign +capacity, without any binding restrictions. Each individual member of that +confederation could levy taxes, raise revenue, make alliances, declare +war, make peace, and do whatever else she chose without consultation with +the rest of the members, and without being held amenable for her action, +except just so far as the general law of nations held her amenable. From +that confederation she could at any time withdraw or secede, without being +rebellious or traitorous to the other members. + +Experience proved to the satisfaction of the wise, patriotic and far +seeing fathers of the republic, that such a confederation was entirely +ineffectual for the accomplishment of the great purposes for which it was +formed. It possessed not the concentrated power of binding and +irrepealable unity to protect the common flag of a common Union. It could +not, therefore, command the respect and the honor of other nations, nor +promote its own stability and permanence. + +Is the present Union similar to that? Can a South Carolina, or a +Massachusetts, or any other disaffected State withdraw or secede at will, +as she could from the Old Confederation, and set up, if she choose, an +independent nationality? No such thing. The present compact and +constitution grew out of the absolute necessities consequent upon the +inefficiency of the old confederation. They were established solely to +prevent or obviate that inefficiency, and provide a common flag and a +common government capable of commanding respect. An examination of the +present Constitution will show that fact. We will, therefore, present +those provisions of that instrument which have a direct bearing upon the +decision of this question, and then show by the record how the fathers of +that Constitution understood its powers, and how that understanding has +been confirmed by all the precedents in the history of the government to +the present time. + +The very preamble of the Constitution itself shows that it was formed for +the purpose of establishing a government stronger and more efficient than +the old confederation. It is in these words: + + "We, the people of the United States, in order to form a more perfect + union, establish justice, ensure domestic tranquility, provide for the + common defence, promote the general welfare, and secure the blessings + of liberty to ourselves and our posterity, do ordain and establish + this Constitution for the United States of America." + +Among other things, this preamble declares that the present constitution +was "ordained and established" "in order to form _a union more perfect_" +than existed under the provisions of the old confederation--a union that +could not be dissolved at the pleasure or choice of any State or any +number of States without the consent of three-fourths of the sovereign +people. It conceded to a general government certain powers and rights, +which were, of course, subtracted from the powers and rights of the +separate State sovereignties, and these powers and rights were vested +solely in the hands of a President, "a Congress of the United States," and +a Supreme Court created and elected according to the provisions of that +constitution. And now, to understand this matter, what were those +particular powers and rights which were thus abstracted from the separate +State sovereignties and vested in a general government? They are very +emphatically, clearly and forcibly declared in article I, section 8, of +the constitution of the United States. They are thus expressed: + + "The Congress shall have power-- + + "1. To lay and collect taxes, duties, imposts, excises; to pay the + debts, and provide for the common defence and general welfare of the + United States; but all duties, imposts, and excises shall be uniform + throughout the United States; + + "2. To borrow money on the credit of the United States; + + "3. To regulate commerce with foreign nations, and among the several + States, and with the Indian tribes; + + "4. To establish an uniform rule of naturalization, and uniform laws + on the subject of bankruptcies throughout the United States; + + "5. To coin money, regulate the value thereof, and of foreign coin, + and fix the standard of weights and measures; + + "6. To provide for the punishment of counterfeiting the securities and + current coin of the United States; + + "7. To establish post offices and post roads; + + "8. To promote the progress of science and useful arts, by securing + for limited times, to authors and inventors, the exclusive right to + their respective writings and discoveries; + + "9. To constitute tribunals inferior to the Supreme Court; to define + and punish piracies and felonies committed on the high seas, and + offences against the law of nations; + + "10. To declare war, grant letters of marque and reprisal, and make + rules concerning captures on land and water; + + "11. To raise and support armies; but no appropriations of money to + that use, shall be for a longer term than two years; + + "12. To provide and maintain a navy; + + "13. To make rules for the government and regulation of the land and + naval forces; + + "14. To provide for calling forth the militia to execute the laws of + the Union, suppress insurrections, and repel invasions; + + "15. To provide for organizing, arming and disciplining the militia, + and for governing such part of them as may be employed in the service + of the United States, reserving to the States, respectively, the + appointment of the officers and the authority of training the militia, + according to the discipline prescribed by Congress; + + "16. To exercise exclusive legislation in all cases whatsoever, over + such district (not exceeding ten miles square) as may, by cession of + particular States, and the acceptance of Congress, become the seat of + government of the United States, and to exercise like authority over + all places purchased by the consent of the legislature of the State in + which the same shall be, for the erection of forts, magazines, + arsenals, dock yards and other needful buildings:--And + + "17. To make all laws which shall be necessary and proper for carrying + into execution the foregoing powers, and all other powers vested by + this constitution in the government of the United States, or in any + department or officer thereof." + +The powers enumerated in this section are very definite, and nothing we +could say would make that fact appear more apparent. Now if these powers +are conferred upon the general government by the common consent of all the +States of the Union, or more especially by all the people of all the +States, can any one State exercise any of those reserved powers? Most +certainly not. But the framers of the constitution did not leave this to +be inferred. They settled the question definitely in section ten. Here it +is: + + "1. No State shall enter into any treaty, alliance, or confederation; + grant letters of marque and reprisal; coin money; emit bills of + credit; make anything but gold and silver coin a tender in payment of + debts; pass any bill of attainder, ex post facto law, or law impairing + the obligation of contracts; or grant any title of nobility. + + "2. No State shall, without the consent of the Congress, lay any + imposts or duties on imports or exports, except what maybe absolutely + necessary for executing its inspection laws; and the nett produce of + all duties and imposts, laid by any State on imports or exports, shall + be for the use of the treasury of the United States, and all such laws + shall be subject to the revision and control of the Congress. No State + shall, without the consent of Congress, lay any duty of tunnage, keep + troops or ships of war in time of peace, enter into any agreement or + compact with another State, or with a foreign power, or engage in war, + unless actually invaded, or in such imminent danger as will not admit + of delay." + +This section plainly and positively _prohibits_ the States from doing +certain things _without the consent_ of Congress. They can neither +contract alliances, collect revenue, coin money, nor engage in war in +their capacity of States. + +To guard the powers of the general government from encroachment on the +part of the States, and to preserve them intact and unimpaired, the +President of the United States, as the chief Executive officer of the +government, takes this oath: + + "I DO SOLEMNLY SWEAR (or affirm) THAT I WILL FAITHFULLY EXECUTE THE + OFFICE OF PRESIDENT OF THE UNITED STATES, AND WILL, TO THE BEST OF MY + ABILITY, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION OF THE UNITED + STATES." + +We have thus far enumerated some of the _powers_ delegated by the +Constitution _to the_ federal government in the precise language of that +constitution, and have shown that the chief executive of the government is +sworn to exercise those powers by enforcing the constitution, and, of +course, the laws, &c., which are made under its sanction and by its +authority. + +This constitution was adopted by a vast majority of the people of every +State in the Union--adopted too with the understanding that it was +_perpetually_ binding--adopted _without any proviso for withdrawal or +secession_ in case of dissatisfaction--adopted when it was known that, +even to amend it, either two-thirds of both houses of Congress must +"propose amendments, or two-thirds of all the State Legislatures unite in +an application to call a convention of States for proposing amendments," +and that, when such amendments were proposed, they must "_be ratified_" by +"the legislatures of _three-fourths_ of all the States, or by conventions +in _three-fourths_ thereof." This shows clearly and conclusively that our +fathers considered that they were establishing a government +indissoluble--a government for all time, incapable of disruption by +separate State action or by the violence of local faction. + +In the strong light of these facts how are we to regard the present +attitude of South Carolina? As treasonable and rebellious to rightful +authority, which she herself assisted to establish. She has no right +whatever, under the existing compact, to withdraw herself from the Union, +or to annul that compact into which she voluntarily entered, when she +adopted that constitution. By that adoption she forever signed away such a +right--voluntarily she sets her signature to a compact having no such +proviso of choice. If she secede then--if she break, or attempt to break, +that compact, she engages in a revolution, and revolution is +rebellion--revolution is _treason_. Of that capital crime she, or rather +her citizens, are even now guilty. "What constitutes treason? The +constitution defines it in Article 3, Section III: + + "1. Treason against the United States shall consist only in levying + war against them, or in adhering to their enemies, giving them aid and + comfort. No person shall be convicted of treason unless on the + testimony of two witnesses to the same overt act, or on confession in + open court. + + "2. The congress shall have power to declare the punishment of + treason; but no attainder of treason shall work corruption of blood, + or forfeiture, except during the life of the person attainted." + +Now has not South Carolina "levied war?" Has she not collected armies to +resist the United States? Has she not obstructed the collection of the +revenue of the nation? Has she not even taken the fortifications and +arsenals and confiscated the property of the United States? All these +things has she done, and if this be not "levying war"--if this be not +"treason"--rank "treason," I know not what is. And yet, strange as it may +seem, there are men in all the States so wedded to party that they +encourage and justify South Carolina in her mad secession schemes, and by +so doing give "aid and comfort" to the sworn "enemies" of the United +States. Did they ever think that they too are traitors, and that they are +as legally deserving of a halter as the madest secession hotspur of South +Carolina? + +Like the old tories of the revolution, they are, however, but few in the +Northern States, and their number, thanks to the intelligence of the +people, is rapidly growing less. Soon will there be but one sentiment in +all sane minds upon this subject. All will see that this Union must be +preserved, unbroken by rebels, and traitors be brought to condign +punishment, unless we would insanely jeopardise all for which our fathers +fought and bled and died upon the battle fields of the revolution. + +To aid in creating a healthy public sentiment upon this important subject, +I will now give some of the arguments in favor of the Union and of the +present constitution, advanced by some of the early fathers of the +republic. To do this, I shall first draw largely from certain political +papers, entitled the "Federalist," written while the adoption of the +present constitution was pending, and addressed to the people of the State +of New York, to explain the principles of the new constitution, and to +enforce the propriety and necessity of its adoption. They were the united +productions of John Jay, James Madison, and Alexander Hamilton, three +brilliant political lights. + +In the first eight numbers of these papers the dangers of foreign force +and influence, and of war between the States, and the effects of internal +war in producing standing armies unfriendly to liberty, were portrayed in +a very masterly manner. Several other papers follow from which I quote +largely, as they are just as appropriate now to show the benefits of a +stable and consolidated Union, and the evils of _disunion_, as then: + + "THE UTILITY OF THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND + INSURRECTIONS. + + "A firm union will be of the utmost moment to the peace and liberty of + the States, as a barrier against domestic faction and insurrection. + + "It is impossible to read the history of the petty republics of Greece + and Italy, without feeling sensations of horror and disgust at the + distractions with which they were continually agitated, and at the + rapid succession of revolutions, by which they were kept perpetually + vibrating between the extremes of tyranny and anarchy. If they exhibit + occasional calms, these only serve as short-lived contrasts to the + furious storms that are to succeed. If now and then intervals of + felicity open themselves to view, we behold them with a mixture of + regret arising from the reflection, that the pleasing scenes before us + are soon to be overwhelmed by the tempestuous waves of sedition and + party rage. If momentary rays of glory break forth from the gloom, + while they dazzle us with a transient and fleeting brilliancy, they at + the same time admonish us to lament that the vices of government + should pervert the direction and tarnish the luster of those bright + talents and exalted endowments, for which the favored soils that + produced them have been so justly celebrated. + + "From the disorders that disfigure the annals of those republics, the + advocates of despotism have drawn arguments, not only against the + forms of republican government but against the very principles of + civil liberty. They have decried all free government as inconsistent + with the order of society, and have indulged themselves in malicious + exultation over its friends and partizans. Happily for mankind, + stupendous fabrics reared on the basis of liberty, which have + flourished for ages, have, in a few glorious instances, refuted their + gloomy sophisms. And, I trust, America will be the broad and solid + foundation of other edifices not less magnificent, which will be + equally permanent monuments of their error. + + "But it is not to be denied, that the portraits they have sketched of + republican government, were too just copies of the originals from + which they were taken. If it had been found impracticable to have + devised models of a more perfect structure, the enlightened friends of + liberty would have been obliged to abandon the cause of that species + of government as indefensible. The science of politics, however, like + most other sciences, has received great improvement. The efficacy of + various principles is now well understood, which were either not known + at all, or imperfectly known to the ancients. The regular distribution + of power into distinct departments; the introduction of legislative + balances and checks; the institution of courts composed of judges, + holding their offices during good behavior; the representation of the + people in the legislature, by deputies of their own election; these + are either wholly new discoveries, or have made their principal + progress towards perfection in modern times. They are means, and + powerful means, by which the excellencies of republican government may + be retained, and its imperfections lessoned or avoided. To this + catalogue of circumstances, that tend to the amelioration of popular + systems of civil government, I shall venture, however novel it may + appear to some, to add one more, on a principle which has been made + the foundation of an objection to the new constitution; I mean the + ENLARGEMENT of the ORBIT within which such systems are to revolve, + either in respect to the dimensions of a single State, or to the + consolidation of several smaller States into one great confederacy. + The latter is that which immediately concerns the object under + consideration. It will, however, be of use to examine the principle in + its application to a single State, which shall be attended to in + another place. + + "The utility of a confederacy, as well to suppress faction, and to + guard the internal tranquility of States, as to increase their + external force and security, is in reality not a new idea. It has been + practiced upon in different countries and ages, and has received the + sanction of the most approved writers on the subject of politics. The + opponents of the PLAN proposed have with great assiduity cited and + circulated the observations of Montesquieu on the necessity of a + contracted territory for a republican government. But they seem not to + have been apprized of the sentiments of that great man expressed in + another part of his work, nor to have adverted to the consequences of + the principle to which they subscribe with such ready acquiescence. + + "When Montesquieu recommends a small extent for republics, the + standards he had in view were of dimensions far short of the limits of + almost every one of these States. Neither Virginia, Massachusetts, + Pennsylvania, New York, N. Carolina, nor Georgia, can by any means be + compared with the models from which he reasoned, and to which the + terms of his description apply. If we therefore receive his ideas on + this point, as the criterion of truth, we shall be driven to the + alternative either of taking refuge at once in the arms of monarchy, + or of splitting ourselves into an infinity of little, jealous, + clashing, tumultuous commonwealths, the wretched nurseries of + unceasing discord, and the miserable objects of universal pity or + contempt. Some of the writers who have come forward on the other side + of the question, seem to have been aware of the dilemma, and have even + been bold enough to hint at the division of the larger States as a + desirable thing. Such an infatuated policy, such a desperate + expedient, might, by the multiplication of petty offices, answer the + views of men who possess not qualifications to extend their influence + beyond the narrow circles of personal intrigue; but it could never + promote the greatness or happiness of the people of America. + + "Referring the examination of the principle itself to an other place, + as has been already mentioned, it will be sufficient to remark here, + that in the sense of the author who has been most emphatically quoted + upon the occasion, it would only dictate a reduction of the SIZE of + the more considerable MEMBERS of the Union; but would not militate + against their being all comprehended in one confederate government. + And this is the true question, in the discussion of which we are at + present interested. + + "So far are the suggestions of Montesquieu from standing in opposition + to a general union of the States, that he explicitly treats of a + CONFEDERATE REPUBLIC, as the expedient for extending the sphere of + popular government, and reconciling the advantages of monarchy with + those of republicanism. + + "'It is very probable, says he,[1] that mankind would have been + obliged, at length, to live constantly under the government of a + SINGLE PERSON, had they not contrived a kind of constitution, that has + all the internal advantages of a republican, together with the + external force of a monarchical government. I mean a CONFEDERATE + REPUBLIC. + + "'This form of government is a convention, by which several smaller + _States_ agree to become members of a larger _one_, which they intend + to form. It is a kind of assemblage of societies, that constitute a + new one, capable of increasing by means of new associations, till they + arrive to such a degree of power as to be able to provide for the + security of the united body. + + "'A republic of this kind, able to withstand an external force, may + support itself without any internal corruption. The form of this + society prevents all manner of inconveniences. + + "'If a single member should attempt to usurp the supreme authority, he + could not be supposed to have an equal authority and credit in all the + confederate States. Were he to have too great influence over one, this + would alarm the rest. Were he to subdue a part, that which would still + remain free might oppose him with forces, independent of those which + he had usurped, and overpower him before he could be settled in his + usurpation. + + "'Should a popular insurrection happen in one of the confederate + States, the others are able to quell it. Should abuses creep into one + part, they are reformed by those that remain sound. The State may be + destroyed on one side and not on the other; the confederacy may be + dissolved and the confederates preserve their sovereignty. + + "'As this government is composed of small republics, it enjoys the + internal happiness of each, and with respect to its external + situation, it is possessed, by means of the association, of all the + advantages of large monarchies.' + + "I have thought it proper to quote at length these interesting + passages, because they contain a luminous abridgment of the principal + arguments in favor of the Union, and must effectually remove the false + impressions which a misapplication of the other parts of the work were + calculated to produce. They have, at the same time, an intimate + connection with the more immediate design of this paper; which is to + illustrate the tendency of the Union to repress domestic faction and + insurrection. + + "A distinction, more subtle than accurate, has been raised between a + _confederacy_ and a _consolidation_ of the States. The essential + characteristic of the first, is said to be the restriction of its + authority to the members in their collective capacities, without + reaching to the individuals of whom they are composed. It is contended + that the national council ought to have no concern with any object of + internal administration. An exact equality of suffrage between the + members, has also been insisted upon as a leading feature of a + confederate government. These positions are, in the main, arbitrary; + they are supported neither by principle nor precedent. It has indeed + happened, that governments of this kind have generally operated in the + manner which the distinction taken notice of supposes to be inherent + in their nature; but there have been in most of them extensive + exceptions to the practice, which serve to prove, as far as example + will go, that there is no absolute rule on the subject. And it will be + clearly shown, in the course of this investigation, that, as far as + the principle contended for has prevailed, it has been the cause of + incurable disorder and imbecility in the government. + + "The definition of a _confederate republic_ seems simply to be 'an + assemblage of societies,' or an association of two or more States into + one State. The extent, modifications, and objects of the federal + authority are mere matters of discretion. So long as the separate + organization of the members be not abolished, so long as it exists by + a constitutional necessity for local purposes, though it should be in + perfect subordination to the general authority of the Union, it would + still be, in fact and theory, an association of States, or a + confederacy The proposed constitution, so far from implying an + abolition of the State government, makes them constituent parts of the + national sovereignty, by allowing them a direct representation in the + senate, and leaves in their possession certain exclusive, and very + important, portions of the sovereign power. This fully corresponds, in + every rational import of the terms, with the idea of a federal + government. + + "In the Lycian confederacy, which consisted of twenty-three CITIES, or + republics, the largest were entitled to _three_ votes in the COMMON + COUNCIL, those of the middle class to _two_, and the smallest to + _one_. The COMMON COUNCIL had the appointment of all the judges and + magistrates of the respective CITIES. This was certainly the most + delicate species of interference in their internal administration; for + if there be anything that seems exclusively appropriated to the local + jurisdictions, it is the appointment of their own officers. Yet + Montesquieu, speaking of this association, says, 'Were I to give a + model of an excellent confederate republic, it would be that of + Lycia.' Thus we perceive that the distinctions insisted upon were not + within the contemplation of this enlightened writer, and we shall be + led to conclude that they are the novel refinements of an erroneous + theory." + +The important paper just quoted from the "Federalist," is from the gifted +pen of James Madison, so long a prominent and leading statesman in the +democratic party, and one of the framers of our present government. Had we +space we would quote another, equally important, from the same source and +upon the same subject. + +This paper, its pointed facts and its powerful reasoning in favor of a +stable Union, such as was contemplated by the present constitution, and +against the defects of the old confederation, we commend to the particular +attention of the thinking masses of the present democratic party. Although +written before the adoption of the existing constitution, and for the +express purpose of inducing the people to ratify that constitution, it +contains much that is applicable to the present political juncture, +inasmuch as the present secession dogmas of South Carolina and of the +Calhoun school of politicians are exactly the loose, inefficient +principles of that old confederation, and opposed to those of the present +constitution. + +We will here make an extract from another paper of the "Federalist," to +show how Jay, Madison and Hamilton regarded the defects of that +confederation--to illustrate, with clearness, the _absolute necessity_ of +the adoption of our present constitution, considering, as they did, that +it would constitute an efficient remedy for those defects: + + "CONCERNING THE DEFECTS OF THE PRESENT CONFEDERATION, IN RELATION TO + THE PRINCIPLE OF LEGISLATION FOR THE STATES IN THEIR COLLECTIVE + CAPACITIES. + + "In the course of the preceding papers, I have endeavored, my fellow + citizens, to place before you, in a clear and convincing light, the + importance of union to your political safety and happiness. I have + unfolded to you a complication of dangers to which you would be + exposed, should you permit that sacred knot, which binds the people of + America together, to be severed or dissolved by ambition or by + avarice, by jealousy or by misrepresentation. In the sequel of the + inquiry, through which I propose to accompany you, the truths intended + to be inculcated will receive further confirmation from facts and + arguments hitherto unnoticed. + + "In pursuance of the plan which I have laid down for the discussion of + the subject, the point next in order to be examined is the + 'insufficiency of the present confederation to the preservation of the + Union.' + + "It may perhaps be asked what need there is of reasoning or proof to + illustrate a position which is neither controverted nor doubted; to + which the understandings and feelings of all classes of men assent; + and which, in substance is admitted by the opponents as well as by the + friends of the new constitution? It must in truth be acknowledged, + that however these may differ in other respects, they in general + appear to harmonize in the opinion, that there are material + imperfections in our national system, and that something is necessary + to be done to rescue us from impending anarchy. The facts that support + this opinion are no longer objects of speculation. They have forced + themselves upon the sensibility of the people at large, and have at + length extorted from those whose mistaken policy has had the principal + share in precipitating the extremity at which we have arrived, a + reluctant confession of the reality of many of those defects in the + scheme of our federal government, which have been long pointed out and + regretted by the intelligent friends of the Union. + + "We may indeed with propriety, be said to have reached almost the last + stage of national humiliation. There is scarcely anything that can + wound the pride, or degrade the character, of an independent people, + which we do not experience. Are there engagements, to the performance + of which we are held by every tie respectable among men? These are the + subjects of constant and unblushing violation. Do we owe debts to + foreigners, and to our own citizens, contracted in a time of imminent + peril, for the preservation of our political existence? These remain + without any proper or satisfactory provision for their discharge. Have + we valuable territories and important posts in the possession of a + foreign power, which, by express stipulations, ought long since to + have been surrendered? These are still retained, to the prejudice of + our interest not less than of our rights. Are we in a condition to + resent or to repel the aggression? We have neither troops, nor + treasury, nor government.[2] Are we even in a condition to remonstrate + with dignity? The just imputations on our own faith, in respect to the + same treaty, ought first to be removed. Are we entitled, by nature and + compact, to a free participation in the navigation of the Mississippi? + Spain excludes us from it. Is public credit an indispensable resource + in time of public danger? We seem to have abandoned its cause as + desperate and irretrievable. Is commerce of importance to national + wealth? Ours is at the lowest point of declension. Is respectability + in the eyes of foreign powers, a safeguard against foreign + encroachments? The imbecility of our government even forbids them to + treat with us: Our ambassadors abroad are the mere pageants of mimic + sovereignty. Is a violent and unnatural decrease in the value of land + a symptom of national distress? The price of improved land, in most + parts of the country, is much lower than can be accounted for by the + quantity of waste land at market, and can be only fully explained by + that want of private and public confidence, which are so alarmingly + prevalent among all ranks, and which have a direct tendency to + depreciate property of every kind. Is private credit the friend and + patron of industry? That most useful kind which relates to borrowing + and lending, is reduced within the narrowest limits, and this still + more from an opinion of insecurity than from a scarcity of money. To + shorten an enumeration of particulars which can afford neither + pleasure nor instruction, it may in general be demanded, what + indication is there of national disorder, poverty, and insignificance, + that could befal a community so peculiarly blessed with natural + advantages as we are, which does not form a part of the dark catalogue + of our public misfortunes? + + "This is the melancholy situation to which we have been brought by + those very maxims and councils, which would now deter us from adopting + the proposed constitution; and which, not content with having + conducted us to the brink of a precipice, seem resolved to plunge us + into the abyss that awaits us below. Here, my countrymen, impelled by + every motive that ought to influence an enlightened people, let us + make firm stand for our safety, our tranquility, our dignity, our + reputation. Let us at last break the fatal charm which has too long + seduced us from the paths of felicity and prosperity. + + "It is true, as has been before observed, that facts too stubborn to + be resisted, have produced a species of general assent to the abstract + proposition, that there exist material defects in our national system; + but the usefulness of the concession, on the part of the old + adversaries of federal measures, is destroyed by a strenuous + opposition to a remedy, upon the only principles that can give it a + chance of success. While they admit that the government of the United + States is destitute of energy, they contend against conferring upon it + those powers which are requisite to supply that energy. They seem + still to aim at things repugnant and irreconcilable; at an + augmentation of federal authority, without a diminution of State + authority; at sovereignty in the Union, and complete independence in + the members. They still, in fine, seem to cherish with blind devotion + the political monster of an _imperium in imperio_. This renders a full + display of the principal defects of the confederation necessary, in + order to show, that the evils we experience do not proceed from minute + or partial imperfections, but from fundamental errors in the structure + of the building, which cannot be amended, otherwise than by an + alteration in the very elements and main pillars of the fabric. + + "The great and radical vice in the construction of the existing + confederation, is in the principle of LEGISLATION for STATES or + GOVERNMENTS in their CORPORATE or COLLECTIVE CAPACITIES, and as + contradistinguished from the INDIVIDUALS of whom they consist. Though + this principle does not run through all the powers delegated to the + Union, yet it pervades and governs those on which the efficacy of the + rest depends." + +A violation of any of the articles of the old confederation was the act +only of the States, as sovereign and independent parties to a contract, +and did not implicate individuals in the crime of _treason_, if acting +_under the sanction_ of such a State. Not so, however, with individuals +under the present constitution, even though acting under the sanction of +particular States; because the present constitution is that of the +_people_ and not of the States as States in their sovereign capacity, for +the _people_ of the States have delegated to a general government, in the +constitution, certain powers, which are taken away from the States, and +cannot, therefore, be exercised by those States without subjecting the +_people_ of the States so exorcising them to punishment for _high +treason_. + +To show that eminent statesmen, even before the adoption of our present +constitution, so regarded the principles of the government proposed to be +established under it, we will quote another extract from the "Federalist," +commencing on page 102 of vol. I: + + "If it be possible to construct a federal government capable of + regulating the common concerns, and preserving the general + tranquility, it must be founded, as to the objects committed to its + care, upon the REVERSE of the principle contended for by the opponents + of the proposed constitution. It must carry its agency to the PERSONS + OF THE CITIZENS. It must stand in need of no intermediate legislation; + but must itself be empowered to employ the arm of the ordinary + magistrate to execute its own resolutions. The majesty of the national + authority must be manifested through the medium of the courts of + justice. The government of the Union, like that of each State, must be + able to address itself immediately to the hopes and fears of + INDIVIDUALS, and to attract to its support those passions which have + the strongest influence upon the human heart. It must, in short, + possess all the means, and have a right to all the methods, of + executing the powers with which it is entrusted, that are possessed + and exercised by the governments of the particular States." + +An argument against the adoption of our present constitution was urged by +its enemies to prevent its adoption, that it would create a central +government _too strong_--a government _so strong_ as to endanger the +reserved rights of the States. This objection is thus stated and answered +upon pages 106 and 107, vol. I, of the "Federalist:" + + "It may be said, that it would tend to render the government of the + Union too powerful, and to enable it to absorb those residuary + authorities which it might be judged proper to leave with the States + for local purposes. Allowing the utmost latitude to the love of power, + which any reasonable man can require, I confess I am at a loss to + discover what temptation the persons entrusted with the administration + of the general government, could ever feel to divest the States of the + authorities of that description. The regulation of the mere domestic + police of a State appears to me to hold out slender allurements to + ambition. Commerce, finance, negotiation, and war seem to comprehend + all the objects which have charms for minds governed by that passion; + and all the powers necessary to those objects ought, in the first + instance, to be lodged in the national depository. The administration + of private justice between the citizens of the same State; the + supervision of agriculture, and of other concerns of a similar nature; + all those things, in short, which are proper to be provided for by + local legislation, can never be desirable cares of a general + jurisdiction. It is, therefore, improbable that there should exist a + disposition in the federal councils to usurp the powers with which + they are connected; because the attempt to exercise them would be as + troublesome as it would be nugatory; and the possession of them, for + that reason, would contribute nothing to the dignity, to the + importance, or to the splendor of the national government." + +We will close our extracts from the luminous papers of the "Federalist," +with the following, premising, however, that, in these fearful times of +raging secession madness, it would be well if the whole two volumes could +be put in the hands of every intelligent individual in the nation. This +extract refers again to the defects and the lamentable inefficiency of the +old confederation, as contrasted with the proposed efficiency and +stability of the government under the new constitution, a subject which +cannot be too deeply engraven upon the mind of every patriot to whatever +party he may belong. It can be found commencing upon page 131, of vol. 1, +of the "Federalist," and ending on page 133: + + "Having in the three last numbers taken a summary review of the + principal circumstances and events which depict the genius and fate of + other confederate governments, I shall now proceed in the enumeration + of the most important of those defects which have hitherto + disappointed our hopes from the system established among ourselves. To + form a safe and satisfactory judgment of the proper remedy, it is + absolutely necessary that we should be well acquainted with the extent + and malignity of the disease. + + "The next most palpable defect of the existing confederation, is the + total want of a SANCTION to its laws. The United States, as now + composed, have no power to exact obedience, or punish disobedience to + their resolutions, either by pecuniary mulcts, by a suspension or + divestiture of privileges, or by any other constitutional means. There + is no express delegation of authority to them to use force against + delinquent members; and if such a right should be ascribed to the + federal head, as resulting from the nature of the social compact + between the States, it must be by inference and construction, in the + face of that part of the second article, by which it is declared, + 'that each State shall retain every power, jurisdiction, and right, + not _expressly_ delegated to the United States in Congress assembled.' + The want of such a right involves, no doubt, a striking absurdity, but + we are reduced to the dilemma, either of supposing that deficiency, + preposterous as it may seem, or of contravening or explaining away a + provision, which has been of late a repeated theme of the eulogies of + those who oppose the new constitution; and the omission of which, in + that plan, has been the subject of much plausible animadversion and + severe criticism. If we are unwilling to impair the force of this + applauded provision, we shall be obliged to conclude that the United + States affords the extraordinary spectacle of a government destitute + even of the shadow of constitutional power to enforce the execution of + its own laws. It will appear, from the specimens which have been + cited, that the American confederacy, in this particular, stands + discriminated from every other institution of a similar kind, and + exhibits a new and unexampled phenomenon in the political world. + + "The want of a mutual guarantee of the State governments, is another + capital imperfection in the federal plan. There is nothing of this + kind declared in the articles that compose it; and to imply a tacit + guarantee from considerations of utility, would be a still more + flagrant departure from the clause which has been mentioned, than to + imply a tacit power of coercion, from the like consideration. The want + of a guarantee, though it might in its consequences endanger the + Union, does not so immediately attack its existence, as the want of a + constitutional sanction to its laws. + + "Without a guarantee, the assistance to be derived from the Union in + repelling those domestic dangers, which may sometimes threaten the + existence of the State constitutions, must be renounced. Usurpation + may rear its crest in each State, and trample upon the liberties of + the people, while the national government could legally do nothing + more than behold its encroachments with indignation and regret. A + successful faction may erect a tyranny on the ruins of order and law, + while no succor could constitutionally be afforded by the Union to the + friends and supporters of the government. The tempestuous situation, + from which Massachusetts has scarcely emerged, evinces, that dangers + of this kind are not merely speculative. Who can determine what might + have been the issue of her late convulsions, if the mal-contents had + been headed by a Cæsar or by a Cromwell? Who can predict what a + despotism, established in Massachusetts, would have upon the liberties + of New Hampshire or Rhode Island, of Connecticut or New York? + + "The inordinate pride of State importance has suggested to some minds + an objection to the principle of a guarantee to the federal + government, as involving an officious interference in the domestic + concerns of the members. A scruple of this kind would deprive us of + one of the principal advantages to be expected from Union, and can + only flow from a misapprehension of the nature of the provision + itself. It could be no impediment to reforms of the State + constitutions by a majority of the people in a legal and peaceable + mode. This right would remain undiminished. The guarantee could only + operate against changes to be effected by violence. Towards the + prevention of calamities of this kind, too many checks cannot be + provided. The peace of society and the stability of government depend + absolutely on the efficacy of the precautions on this head. Where the + whole power of the government is in the hands of the people, there is + the less pretence for the use of violent remedies, in partial or + occasional distempers of the State. The natural cure for an + ill-administration, in a popular representative constitution, is a + change of men. A guarantee by the national authority would be as much + directed against the usurpations of rulers, as against the ferments + and outrages of faction and sedition in the community." + +We have thus far briefly enumerated some of the important powers granted +by the people of the United States in their sovereign capacity, to the +present federal government. We have endeavored to show that the people, +having granted certain powers to the general government, such powers are +necessarily withdrawn from the several States by the people thereof for +the purpose of establishing one grand central power, which, when exercised +within its delegated authority, should be recognized as the supreme law of +the land; hence the people of the several States having to the extent of +the powers granted, surrendered the separate State sovereignty, they +became one grand, inseparable, sovereign and independent nation. The very +fact that each and every citizen of our entire country has a voice in +controlling the policy of the general government, shows conclusively that +they owe obedience to its enactments, consequently, our national laws are +alike binding upon every individual from Florida to Maine, and from the +Atlantic to the Pacific Ocean. + +But independent of our arguments, we have in the foregoing pages presented +copious extracts from letters written by Messrs. Madison, Jay and Hamilton +pending the adoption of the constitution, all of which must convince the +most skeptical, that all parties at that time understood that they were +granting certain powers to the general government that could not +thereafter be resumed and controlled by the various States. The able +manner in which the importance of such an arrangement is argued, the clear +and conclusive reasoning, the contrasts drawn between one great and +powerful nation and several petty, jealous, contending little +sovereignties, should cast into the shade the weak sophism that is palmed +off by the political demagogues of the present day for the purpose of +dividing the people, under the disguise of what is called State +sovereignty. + +The arguments already advanced to show that we have a national government +whose authority is supreme throughout the length and breadth of this +country, (State laws to the contrary notwithstanding,) should be +sufficient to convince the most ultra States rights secessionist that his +dogma is only a garbled name for treason. Nevertheless, we will now +proceed to give in full the celebrated Proclamation issued to the +nullifiers of South Carolina twenty-eight years ago by the hero of the +battle of New Orleans, recommending its careful perusal by every American +citizen who has a spark of patriotism left within him. Its noble, +patriotic sentiments will be found decidedly refreshing when contrasted +with the crouching imbecility and indecision that has characterized not +only James Buchanan but many of our leading politicians in the present +dangerous, suffering and distracted condition of our beloved country. + +General Jackson, a brave, daring, noble hero, knowing his duty, hastened +to perform it in defiance of every obstacle; he resolves to save his +country, at every hazard, from falling into the vortex of anarchy, ruin +and disgrace. + +When the hydra-headed monster, treason, began to make its appearance, the +honored son of Tennessee, whose name is held in reverence by every friend +of liberty, whose memory will be honored as the savior of his country, +actuated by a high sense of his duty, with true Roman firmness, standing +upon the temple of liberty, proclaiming to the world that he will maintain +the integrity of his country or perish while marching under its glorious +banner warning the enemies of the Union, to pause and consider the awful +consequences of persisting in their treasonable designs, and decide +whether they are prepared to assume such a terrible responsibility. + +I will now give his proclamation in full, hoping that the spirit of +patriotism, firmness and justice therein contained will cause a heartfelt +response by my fellow countrymen. + + + + +PRESIDENT'S PROCLAMATION. + +_Proclamation of Andrew Jackson, President of the United States._ + + +WHEREAS, a convention assembled in the State of South Carolina have passed +an ordinance, by which they declare "That the several acts and parts of +acts of the congress of the United States, purporting to be laws for the +imposing of duties and imposts on the importation of foreign commodities, +and now having actual operation and effect within the United States, and +more especially," two acts for the same purposes passed on the 29th of +May, 1828, and on the 14th of July, 1832, "are unauthorized by the +constitution of the United States, and violate the true meaning and intent +thereof, and are null and void, and no law," nor binding on the citizens +of that State or its officers: and by the said ordinance, it is further +declared to be unlawful for any of the constituted authorities of the +State or of the United States to enforce the payment of the duties imposed +by the said acts within the same State, and that it is the duty of the +Legislature to pass such laws as may be necessary to give full effect to +the said ordinance: + +AND WHEREAS, By the said ordinance, it is further ordained that, in no +case of law or equity decided in the courts of said State, wherein shall +be drawn in question the validity of the said ordinance, or of the acts of +the legislature that may be passed to give it effect, or of the said laws +of the United States, no appeal shall be allowed to the Supreme Court of +the United States, nor shall any copy of the record be permitted or +allowed for that purpose, and that any person attempting to take such +appeal shall be punished as for a contempt of court: + +And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every hazard; and that they +will consider the passage of any act, by congress, abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress or +egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harrass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistant with the longer +continuance of South Carolina in the Union, and that the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign and +independent States may of right do. + +AND WHEREAS, the said ordinance prescribes to the people of South Carolina +a course of conduct in direct violation of their duty as citizens of the +United States, contrary to the laws of their country, subversive of its +constitution, and having for its object the destruction of the Union--that +Union, which, coeval with our political existence, led our fathers, +without any other ties to unite them than those of patriotism and a common +cause, through a sanguinary struggle to a glorious independence--that +sacred Union, hitherto inviolate, which, perfected by our happy +constitution, has brought us, by the favor of Heaven, to a state of +prosperity at home, and high consideration abroad, rarely, if ever, +equalled in the history of nations. To preserve this bond of our political +existence from destruction, to maintain inviolate this state of national +honor and prosperity, and to justify the confidence my fellow citizens +have reposed in me, I, ANDREW JACKSON, _President of the United States_, +have thought proper to issue this my PROCLAMATION, stating my views of the +constitution and laws applicable to the measures adopted by the convention +of South Carolina, and to the reasons they have put forth to sustain them, +declaring the course which duty will require me to pursue, and, appealing +to the understanding and patriotism of the people, warn them of the +consequences that must inevitably result from an observance of the +dictates of the convention. + +Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be invested, for preserving +the peace of the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of the +United States must all feel in preventing a resort to stronger measures, +while there is a hope that anything will be yielded to reasoning and +remonstrance, perhaps demand, and will certainly justify, a full +exposition to South Carolina and the nation of the views I entertain of +this important question, as well as a distinct enunciation of the course +which my sense of duty will require me to pursue. + +The ordinance is founded, not on the indefeasible right of resisting acts +which are plainly unconstitutional, and too oppressive to be endured; but +on the strange position that any one State may not only declare an act of +congress void, but prohibit its execution--that they may do this +consistently with the constitution--that the true construction of that +instrument permits a State to retain its place in the Union, and yet be +bound by no other of its laws than those it may choose to consider as +constitutional. It is true, they add, that to justify this abrogation of a +law, it must be palpably contrary to the constitution; but it is evident, +that, to give the right of resisting laws of that description, coupled +with the uncontrolled right to decide what laws deserve that character, is +to give the power of resisting all laws. For, as by the theory, there is +no appeal, the reasons alleged by the State, good or bad must prevail. If +it should be said that public opinion is a sufficient check against the +abuse of this power, it may be asked why it is not deemed a sufficient +guard against the passage of an unconstitutional act by congress? There +is, however, a restraint in this last case, which makes the assumed power +of a State more indefensible, and which does not exist in the other. There +are two appeals from an unconstitutional act passed by congress--one to +the judiciary, the other to the people and the States. There is no appeal +from the State decision in theory, and the practical illustration shows +that the courts are closed against an application to review it, both +judges and jurors being sworn to decide in its favor. But reasoning on +this subject is superfluous, when our social compact, in express terms, +declares that the laws of the United States, its constitution, and +treaties made under it, are the supreme law of the land; and, for greater +caution, adds "that the judges in every State shall be bound thereby, +anything in the constitution or laws of any State to the contrary +notwithstanding." And it may be asserted without fear of refutation, that +no federal government could exist without a similar provision. Look for a +moment to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat, that +an unconstitutional law is no law, so long as the question of its legality +is to be decided by the State itself; for every law operating injuriously +upon any local interest will be perhaps thought, and certainly +represented, as unconstitutional, and, as has been shown, there is no +appeal. + +If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the eastern States, the carriage tax in +Virginia, were all deemed unconstitutional, and were more equal in their +operation than any of the laws now complained of; but fortunately none of +those States discovered that they had the right now claimed by South +Carolina. The war into which we were forced to support the dignity of the +nation and the rights of our citizens, might have ended in defeat and +disgrace instead of victory and honor, if the States who supposed it a +ruinous and unconstitutional measure, had thought they possessed the right +of nullifying the act by which it was declared, and denying supplies for +its prosecution. Hardly and unequally as those measures bore upon several +members of the Union, to the legislatures of none did this efficient and +peaceable remedy, as it is called, suggest itself. The discovery of this +important feature in our constitution was reserved to the present day. To +the statesmen of South Carolina belongs the invention, and upon the +citizens of that State will unfortunately fall the evils of reducing it to +practice. + +If the doctrine of a State veto upon the laws of the Union carries with it +internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been repudiated +with indignation, had it been proposed to form a feature in our +Government. + +In our colonial state, although dependent on another power, we very early +considered ourselves as connected by common interest with each other. +Leagues were formed for common defence, and, before the declaration of +independence, we were known in our aggregate character _as the United +Colonies of America_. That decisive and important step was taken jointly. +We declared ourselves a nation by a joint, not by several acts, and when +the terms of our confederation were reduced to form, it was in that of a +solemn league of several States, by which they agreed that they would +collectively form one nation for the purpose of conducting some certain +domestic concerns and all foreign relations. In the instrument forming +that Union is found an article which declares that "every State shall +abide by the determinations of congress on all questions which, by that +confederation, should be submitted to them." + +Under the confederation, then, no State could legally annul a decision of +the congress, or refuse to submit to its execution; but no provision was +made to enforce these decisions. Congress made requisitions, but they were +not complied with. The government could not operate on individuals. They +had no judiciary, no means of collecting revenue. + +But the defects of the confederation need not be detailed. Under its +operation we could scarcely be called a nation. We had neither prosperity +at home nor consideration abroad. This state of things could not be +endured, and our present happy constitution was formed, but formed in +vain, if this fatal doctrine prevails. It was formed for important objects +that are announced in the preamble made in the name and by the authority +of the people of the United States, whose delegates framed, and whose +conventions approved it. The most important among these objects, that +which is placed first in the rank, on which all others rest, is, "_to form +a more perfect Union_." Now, is it possible that even if there were no +express provision giving supremacy to the constitution and laws of the +United States over those of the States--can it be conceived, that an +instrument made for the purpose of "_forming a more perfect Union_" than +that of the confederation, could be so constructed by the assembled wisdom +of our country as to substitute for that confederation a form of +government dependent for its existence on the local interest, the party +spirit of a State, or of a prevailing faction in a State? Every man of +plain, unsophisticated understanding, who hears the question, will give +such an answer as will preserve the Union. Metaphysical subtlety, in +pursuit of an impracticable theory, could alone have devised one that is +calculated to destroy it. + +I consider, then, the power to annul a law of the United States, assumed +by one State, _incompatible with the existence of the Union, contradicted +expressly by the letter of the constitution, unauthorized by its spirit, +inconsistent with every principle on which it was founded, and destructive +of the great object for which it was formed_. + +After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance. + +The preamble rests its justification on those grounds: It assumes, as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first virtually +acknowledges that the law in question was passed under a power expressly +given by the constitution to lay and collect imposts; but its +constitutionality is drawn in question from the _motives_ of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make the law void: for how is +that purpose to be ascertained? Who is to make the scrutiny? How often may +bad purposes be falsely imputed--in how many cases are they concealed by +false professions--in how many is no declaration of motive made? Admit +this doctrine, and you give to the States an uncontrolled right to decide, +and every law may be annulled under this pretext. If, therefore, the +absurd and dangerous doctrine should be admitted, that a State may annul +an unconstitutional law, or one that it deems such, it will not apply to +the present case. + +The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then indeed is the Federal +Constitution unworthy of the slightest effort for its preservation. We +have hitherto relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet anchor of our safety in the stormy times of +conflict with a foreign or domestic foe. We have looked to it with sacred +awe as the palladium of our liberties, and with all the solemnities of +religion have pledged to each other our lives and fortunes here, and our +hopes of happiness hereafter, in its defence and support. Were we +mistaken, my countrymen, in attaching this importance to the Constitution +of our country? Was our devotion paid to the wretched, inefficient, +clumsy, contrivance which this new doctrine would make it? Did we pledge +ourselves to the support of an airy nothing--a bubble that must be blown +away by the first breath of disaffection? Was this self-destroying, +visionary theory, the work of the profound statesmen, the exalted +patriots, to whom the task of constitutional reform was entrusted? Did the +name of Washington sanction, did the States deliberately ratify such an +anomaly in the history of fundamental legislation? No. We were not +mistaken. The letter of this great instrument is free from this radical +fault; its language directly contradicts the imputation; its spirit--its +evident intent, contradicts it. No, we did not err! Our Constitution does +not contain the absurdity of giving power to make laws, and another power +to resist them. The sages whose memory will always be reverenced, have +given us a practical, and, as they hoped, a permanent constitutional +compact. The Father of his Country did not affix his revered name to so +palpable an absurdity. Nor did the States, when they severally ratified +it, do so under the impression that a veto on the laws of the United +States was reserved to them, or that they could exercise it by +implication. Search the debates in all their Conventions, examine the +speeches of the most zealous opposers of federal authority, look at the +amendments that were proposed--they are all silent--not a syllable +uttered, not a vote given, not a motion made, to correct the explicit +supremacy given to the laws of the Union over those of the States, or to +show that implication, as is now contended, could defeat it. No, we have +not erred! The Constitution is still the object of our reverence, the bond +of our Union, our defence in danger, the source of our prosperity in +peace; it shall descend as we have received it, uncorrupted by sophistical +construction, to our posterity, and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it into +existence, will again be patriotically offered for its support. + +The two remaining objections made by the ordinance to these laws, are that +the sums intended to be raised by them are greater than are required, and +that the proceeds will be unconstitutionally employed. + +The Constitution has given, expressly, to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than that +which results from the power of changing the representatives who abuse it, +and thus procure redress. Congress may, undoubtedly, abuse this +discretionary power; but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution has +given it to the representatives of all the people, checked by the +representatives of the States, and by the Executive power. The South +Carolina construction gives it to the Legislature or the Convention of a +single State, where neither the people of the different States, nor the +States in their separate capacity, nor the Chief Magistrate elected by the +people, have any representation. Which is the most discreet disposition of +the power? I do not ask you, fellow citizens, which is the constitutional +disposition--that instrument speaks a language not to be misunderstood. +But if you were assembled in general Convention, which would you think the +safest depository of this discretionary power in the last resort? Would +you add a clause giving it to each of the States, or would you sanction +the wise provisions already made by your Constitution? If this should be +the result of your deliberations when providing for the future, are you, +can you be ready, to risk all that we hold dear, to establish, for a +temporary and a local purpose, that which you must acknowledge to be +destructive, and even absurd, as a general provision? Carry out the +consequences of this right vested in the different States, and you must +perceive that the crisis your conduct presents at this day would recur +whenever any law of the United States displeased any of the States, and +that we should soon cease to be a nation. + +The ordinance, with the same knowledge of the future that characterizes a +former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely cannot be urged against the laws levying +the duty. + +These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens; judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, how +far they justify the reckless, destructive course which you are directed +to pursue. Review these objections, and the conclusions drawn from them, +once more. What are they? Every law, then, for raising revenue, according +to the South Carolina ordinance, may be rightfully annulled, unless it be +so framed as no law ever will or can be framed. Congress have a right to +pass laws for raising a revenue, and each State has a right to oppose +their execution--two rights directly opposed to each other; and yet is +this absurdity supposed to be contained in an instrument drawn for the +express purpose of avoiding collisions between the States and the general +government, by an assembly of the most enlightened statesmen and purest +patriots ever embodied for a similar purpose. + +In vain have these sages declared that congress shall have power to lay +and collect taxes, duties, imposts, and excises; in vain have they +provided that they shall have power to pass laws, which shall be necessary +and proper to carry those powers into execution; that those laws and that +constitution shall be the "supreme law of the land, and that the judges in +every State shall be bound thereby, anything in the constitution or laws +of any State to the contrary notwithstanding." In vain have the people of +the several States solemnly sanctioned these provisions, made them their +paramount law, and individually sworn to support them whenever they were +called on to execute any office. Vain provisions! ineffectual +restrictions! vile profanation of oaths! miserable mockery of legislation! +if the bare majority of the voters in any one State may, on a real or +supposed knowledge of the intent with which a law has been passed, declare +themselves free from its operation--say here it gives too little, there +too much, and operates unequally--here it suffers articles to be free that +ought to be taxed--there it taxes those that ought to be free--in this +case the proceeds are intended to be applied to purposes which we do not +approve--in that the amount raised is more than is wanted. Congress, it is +true, are invested by the constitution with the right of deciding these +questions according to their sound discretion; congress is composed of the +representatives of all the States, and of all the people of all the +States; but we, part of the people of one State, to whom the constitution +has given no power on the subject, from whom it has expressly taken it +away--we, who have solemnly agreed that this constitution shall be our +law--we, most of whom have sworn to support it--we now abrogate this law, +and swear and force others to swear that it shall not be obeyed; and we do +this, not because congress have no right to pass such laws--this we do not +allege--but because they have passed them with improper views. They are +unconstitutional from the motives of those who passed them, which we can +never with certainty know; from their unequal operation, although it is +impossible, from the nature of things, that they should be equal; and from +the disposition which we presume may be made of their proceeds, although +that disposition has not been declared. This is the plain meaning of the +ordinance, in relation to laws which it abrogates for alleged +unconstitutionality. But it does not stop there. It repeals, in express +terms, an important part of the constitution itself, and of laws passed to +give it effect, which have never been alleged to be unconstitutional. The +constitution declares that the judicial powers of the United States extend +to cases arising under the laws of the United States; and that such laws, +the constitution, and treaties, shall be paramount to the State +constitutions and laws. The judiciary act prescribes the mode by which the +case may be brought before a court of the United States by appeal, when a +State tribunal shall decide against this provision of the constitution. +The ordinance declares that there shall be no appeal, makes the State law +paramount to the constitution and laws of the United States, forces judges +and jurors to swear that they will disregard their provisions, and even +makes it penal in a suitor to attempt relief by appeal. It further +declares, that it shall not be lawful for the authorities of the United +States, or of that State, to enforce the payment of duties imposed by the +revenue laws within its limits. + +Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the constitution, which +is solemnly abrogated by the same authority. + +On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws, of which it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is made +to execute them. + +This right to secede is deduced from the nature of the constitution, which +they say is a compact between sovereign States, who have preserved their +whole sovereignty, and therefore are subject to no superior; that because +they made the compact, they can break it, when, in their opinion, it has +been departed from by the other States. Fallacious as this course of +reasoning is, it enlists State pride, and finds advocates in the honest +prejudices of those, who have not studied the nature of our government +sufficiently to see the radical error, on which it rests. + +The people of the United States formed the constitution, acting through +the State legislatures in making the compact, to meet and discuss its +provisions, and acting in separate conventions, when they ratified those +provisions; but the terms used in its construction, show it to be a +government, in which the people of all the States collectively are +represented. We are _one people_ in the choice of president and vice +president. Here the States have no other agency, than to direct the mode +in which the votes shall be given. The candidates having a majority of all +the votes are chosen. The electors of a majority of States may have given +their votes for one candidate, and yet another may be chosen. The people, +then, and not the States, are represented in the executive branch. + +In the house of representatives there is this difference, that the people +of one State do not, as in the case of president and vice president, all +vote for the same officers. The people of all the States do not vote for +all the members, each State electing only its own representatives. But +this creates no material distinction. When chosen, they are all +representatives of the United States, not representatives of the +particular State from whence they come. They are paid by the United +States, not by the State; nor are they accountable to it for any act done +in the performance of their legislative functions; and however they may in +practice, as it is their duty to do, consult and prefer the interests of +their particular constituents, when they come in conflict with any other +partial or local interest, yet it is their first and highest duty, as a +representative of the United States, to promote the general good. + +The constitution of the United States, then, forms a _government_, not a +league; and whether it be formed by compact between the States, or in any +other manner, its character is the same. It is a government, in which all +the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers, as +to constitute jointly with the other States a single nation, cannot from +that period possess any right to secede, because such secession does not +break a league, but destroys the unity of a nation; and any injury to that +unity is not only a breach, which would result from the contravention of a +compact, but it is an offence against the whole Union. To say that any +State may at pleasure secede from the Union, is to say that the United +States are not a nation; because it would be a solecism to contend, that +any part of a nation might dissolve its connection with the other parts, +to their injury or ruin, without committing any offence. Secession, like +any other revolutionary act, may be morally justified by the extremity of +oppression; but to call it a constitutional right, is confounding the +meaning of terms; and can only be done through gross error, or to deceive +those, who are willing to assert a right, but would pause before they made +a revolution, or incur the penalties consequent on a failure. + +Because the Union was formed by compact, it is said the parties to that +compact may, when they feel themselves aggrieved, depart from it; but it +is precisely because it is a compact, that they cannot. A compact is an +agreement, or binding obligation. It may, by its terms, have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it may +be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations generally has no sanction, other than a +moral one; or, if it should contain a penalty, as there is no common +superior, it cannot be enforced. A government, on the contrary, always +has a saction, express or implied; and in our case, it is both necessarily +implied, and expressly given. An attempt by force of arms to destroy a +government, is an offence, by whatever means the constitutional compact +may have been formed; and such government has the right, by the law of +self-defence, to pass acts for punishing the offender, unless that right +is modified, restrained, or resumed by the constitutional act. In our +system, although it is modified in the case of treason, yet authority is +expressly given to pass all laws necessary to carry its powers into +effect, and under this grant provision has been made for punishing acts, +which obstruct the due administration of the laws. + +It would seem superfluous to add anything to show the nature of that +Union, which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must give +some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States, than the magistrate, who now addresses you. No one would make +greater personal sacrifices, or official exertions to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of the rights they have vested +in the nation. The line has not been so distinctly drawn, as to avoid +doubts in some cases of the exercise of power. Men of the best intentions, +and soundest views, may differ in their construction of some parts of the +constitution; but there are others, on which dispassionate reflection can +leave no doubt. Of this nature appears to be the assumed right of +secession. It rests, as we have seen, on the alleged undivided sovereignty +of the States, and on their having formed, in this sovereign capacity, a +compact, which is called the constitution, from which, because they made +it, they have the right to secede. Both of these positions are erroneous, +and some of the arguments to prove them so have been anticipated. + +The States severally have not retained their entire sovereignty. It has +been shown, that, in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make treaties, declare war, levy taxes, exercise exclusive judicial +and legislative powers, were all of them functions of sovereign power. The +States, then, for all these purposes, were no longer sovereign. The +allegiance of their citizens was transferred, in the first instance, to +the government of the United States; they became American citizens, and +owed obedience to the constitution of the United States, and to laws made +in conformity with the powers it vested in congress. This last position +has not been, and cannot be denied. How, then, can that State be said to +be sovereign and independent whose citizens owe obedience to laws not made +by it, and whose magistrates are sworn to disregard those laws when they +come in conflict with those passed by another? What shows conclusively +that the States cannot be said to have reserved an undivided sovereignty, +is, that they expressly ceded the right to punish treason, not treason +against their separate power, but treason against the United States. +Treason is an offence against _sovereignty_, and sovereignty must reside +with the power to punish it. But the reserved rights of the States are not +less sacred because they have, for their common interest, made the general +government the depository of these powers. + +The unity of our political character (as has been shown for another +purpose) commenced with its very existence. Under the royal government we +had no separate character: our opposition to its oppressions began as +_united colonies_. We were the _United States_ under the confederation, +and the name was perpetuated, and the Union rendered more perfect by the +federal constitution. In none of these stages did we consider ourselves in +any other light than as forming one nation. Treaties and alliances were +made in the name of all. Troops were raised for the joint defence. How, +then, with all these proofs, that under all changes of our position we +had, for designated purposes and with defined powers, created national +governments; how is it, that the most perfect of those several modes of +union should now be considered as a mere league, that may be dissolved at +pleasure? It is from an abuse of terms. "Compact" is used as synonymous +with "league," although the true term is not employed, because it would +at once show the fallacy of the reasoning. It would not do to say, that +our constitution was only a league; but it is labored to prove it a +compact, (which in one sense it is,) and then to argue, that, as a league +is a compact, every compact between nations must of course be a league, +and that from such an engagement every sovereign power has a right to +recede. But it has been shown, that in this sense the States are not +sovereign, and that even if they were, and the national constitution had +been formed by compact, there would be no right in any one State to +exonerate itself from its obligations. + +So obvious are the reasons, which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit of +all. It was produced by mutual sacrifices of interests and opinions. Can +those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the west, recall the grant? +Will the inhabitants of the inland States agree to pay the duties, that +may be imposed without their assent, by those on the Atlantic or the Gulf, +for their own benefit? Shall there be a free port in one State, and +onerous duties in another? No one believes, that any right exists, in a +single State, to involve the others in these and countless other evils, +contrary to the engagements solemnly made. Every one must see, that the +other States, in self-defence, must oppose it at all hazards. + +These are the alternatives, that are presented by the convention: A repeal +of all the acts for raising revenue, leaving the government without the +means of support; or an acquiescence in the dissolution of our Union by +the secession of one of its members. When the first was proposed, it was +known, that it could not be listened to for a moment. It was known, if +force was applied to oppose the execution of the laws, that it must be +repelled by force; that congress could not, without involving itself in +disgrace, and the country in ruin, accede to the proposition; and yet, if +this is not done on a given day, or if any attempt is made to execute the +laws, the State is, by the ordinance, declared to be out of the Union. The +majority of a convention assembled for the purpose have dictated these +terms, or rather this rejection of all terms, in the name of the people +of South Carolina. It is true, that the governor of the State speaks of +the submission of their grievances to a convention of all the States, +which, he says, they "sincerely and anxiously seek and desire." Yet this +obvious and constitutional mode of obtaining the sense of the other +States, on the construction of the federal compact, and amending it if +necessary, has never been attempted by those, who have urged the State on +to this destructive measure. The State might have proposed the call for a +general convention to the other States; and congress, if a sufficient +number of them concurred, must have called it. But the first magistrate of +South Carolina, when he expressed a hope, that, "on a review by congress +and the functionaries of the general government of the merits of the +controversy," such a convention will be accorded to them, must have known, +that neither congress, nor any functionary of the general government, has +authority to call such a convention, unless it be demanded by two-thirds +of the States. This suggestion, then, is another instance of the reckless +inattention to the provisions of the constitution, with which this crisis +has been madly hurried on; or of the attempt to persuade the people, that +a constitutional remedy had been sought and refused. If the legislature of +South Carolina "anxiously desire" a general convention to consider their +complaints, why have they not made application for it, in the way the +constitution points out? The assertion, that they "earnestly seek" it, is +completely negatived by the omission. + +This, then, is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +Convention; that Convention has ordained that all the revenue laws of the +United States must be repealed, or that they are no longer a member of +this Union. The Governor of that State has recommended to the Legislature +the raising of an army to carry the secession into effect, and that he may +be empowered to give clearances to vessels in the name of the State. No +act of violent opposition to the laws has yet been committed, but such a +state of things is hourly apprehended; and it is the intent of this +instrument to proclaim, not only that the duty imposed on me by the +Constitution "to take care that the laws be faithfully executed," shall be +performed to the extent of the powers already vested in me by law, or of +such others as the wisdom of Congress shall devise and entrust to me for +that purpose, but to warn the citizens of South Carolina who have been +deluded into an opposition to the laws, of the danger they will incur by +obedience to the illegal and disorganizing ordinance of the Convention; to +exhort those who have refused to support it to persevere in their +determination to uphold the Constitution and laws of their country; and to +point out to all the perilous situation into which the good people of that +State have been led, and that the course they are urged to pursue is one +of ruin and disgrace to the very State whose rights they affect to +support. + +Fellow citizens of my native State, let me not only admonish you, as the +First Magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom he +saw rushing to certain ruin. In that paternal language, with that paternal +feeling, let me tell you, my countrymen, that you are deluded by men who +are either deceived themselves, or wish to deceive you. Mark under what +pretences you have been led on to the brink of insurrection and treason, +on which you stand! First, a diminution of the value of your staple +commodity, lowered by over production in other quarters, and the +consequent diminution in the value of your lands, were the sole effect of +the tariff laws. + +The effect of those laws was confessedly injurious, but the evil was +greatly exaggerated by the unfounded theory you were taught to believe, +that its burthens were in proportion to your exports, not to your +consumption of imported articles. Your pride was roused by the assertion +that a submission to those laws was a state of vassalage, and that +resistance to them was equal, in patriotic merit, to the opposition our +fathers offered to the oppressive laws of Great Britain. You were told +that this opposition might be peaceably--might be constitutionally made; +that you might enjoy all the advantages of the Union, and bear none of its +burthens. Eloquent appeals to your passions, to your State pride, to your +native courage, to your sense of real injury, were used to prepare you for +the period when the mask, which concealed the hideous features of +disunion, should be taken off. It fell, and you were made to look with +complacency on objects which, not long since, you would have regarded with +horror. Look back to the arts which have brought you to this state--look +forward to the consequences to which it must inevitably lead! Look back to +what was first told you as an inducement to enter into this dangerous +course. The great political truth was repeated to you, that you had the +revolutionary right of resisting all laws that were palpably +unconstitutional and intolerably oppressive; it was added that the right +to nullify a law rested on the same principle, but that it was a peaceable +remedy! This character which was given to it, made you receive, with too +much confidence, the assertions that were made of the unconstitutionality +of the law and its oppressive effects. Mark, my fellow citizens, that, by +the admission of your leaders, the unconstitutionality must be _palpable_, +or it will not justify either resistance or nullification! What is the +meaning of the word _palpable_, in the sense in which it is here used? +that which is apparent to every one; that which no man of ordinary +intellect will fail to perceive. Is the unconstitutionality of these laws +of that description? Let those among your leaders who once approved and +advocated the principle of protective duties, answer the question; and let +them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon your confidence, and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to you. +They are not champions of liberty emulating the fame of our revolutionary +fathers; nor are you an oppressed people, contending, as they repeat to +you, against worse than colonial vassalage. + +You are free members of a flourishing and happy Union. There is no settled +design to oppress you. You have indeed felt the unequal operation of laws +which may have been unwisely, not unconstitutionally passed; but that +inequality must necessily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion had commenced. The nearly approaching payment of the public +debt, and the consequent necessity of a diminution of duties, had already +produced a considerable reduction, and that, too, on some articles of +general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further alleviation +of your burthens were to be expected at the very time when the condition +of the country imperiously demanded such a modification of the duties as +should reduce them to a just and equitable scale. But, as if apprehensive +of the effect of this change in allaying your discontents, you were +precipitated into the fearful state in which you now find yourselves. + +I have urged you to look back to the means that were used to hurry you on +to the position you have now assumed, and forward to the consequences it +will produce. Something more is necessary. Contemplate the condition of +that country of which you still form an important part. Consider its +government uniting in one bond of common interest and general protection +so many different States--giving to all their inhabitants the proud title +of American citizens, protecting their commerce, securing their literature +and their arts; facilitating their intercommunication; defending their +frontiers; and making their name respected in the remotest parts of the +earth. Consider the extent of its territory; its increasing and happy +population; its advance in arts, which render life agreeable; and the +sciences, which elevate the mind! See education spreading the lights of +religion, morality, and general information into every cottage in this +wide extent of our Territories and States? Behold it as the asylum where +the wretched and the oppressed find a refuge and support! Look on this +picture of happiness and honor, and say--_we, too, are citizens of +America!_ Carolina is one of these proud States--her arms have +defended--her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will dissolve; +this picture of peace and prosperity we will deface; this free +intercourse we will interrupt; these fertile fields we will deluge with +blood; the protection of that glorious flag we renounce; the very name of +Americans we discard. And for what, mistaken men--for what do you throw +away these inestimable blessings? for what would you exchange your share +in the advantages and honor of the Union? For the dream of separate +independence--a dream interrupted by bloody conflicts with your neighbors, +and a vile dependence on a foreign power. If your leaders could succeed in +establishing a separation, what would be your situation? Are you united at +home--are you free from the apprehension of civil discord, with all its +fearful consequences? Do our neighboring republics, every day suffering +some new revolution, or contending with some new insurrection--do they +excite your envy? But the dictates of a high duty obliges me solemnly to +announce that you cannot succeed. The laws of the United States must be +executed. I have no discretionary power on the subject--my duty is +emphatically pronounced in the Constitution. Those who told you that you +might peaceably prevent their execution, deceived you--they could not have +been deceived themselves. They know that a forcible opposition could alone +prevent the execution of the laws, and they know that such opposition must +be repelled. Their object is disunion; but be not deceived by names; +disunion, by armed force, is _treason_. Are you really ready to incur its +guilt? If you are, on the heads of the instigators of the act be the +dreadful consequences--on their heads be the dishonor, but on yours may +fall the punishment; on your unhappy State will inevitably fall all the +evils of the conflict you force upon the government of your country. It +cannot accede to the mad project of disunion, of which you would be the +first victims--its First Magistrate cannot, if he would, avoid the +performance of his duty; the consequences must be fearful for you, +distressing to your fellow citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal--it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union, to +support which so many of them fought, and bled, and died. + +I adjure you, as you honor their memory--as you love the cause of freedom, +to which they dedicated their lives--as you prize the peace of your +country, the lives of its best citizens, and your own fair fame, to +retrace your steps. Snatch from the archives of your State the +disorganizing edict of its Convention--bid its members to re-assemble, and +promulgate the decided expressions of your will to remain in the path +which alone can conduct you to safety, prosperity, and honor. Tell them +that, compared to disunion, all other evils are light, because that brings +with it an accumulation of all. Declare that you will never take the field +unless the star spangled banner of your country shall float over you; that +you will not be stigmatized when dead, and dishonored and scorned while +you live, as the authors of the first attack on the Constitution of your +country. Its destroyers you cannot be. You may disturb its peace--you may +interrupt the course of its prosperity--you may cloud its reputation for +stability, but its tranquility will be restored, its prosperity will +return, and the stain upon its national character will be transferred, and +remain an eternal blot on the memory of those who caused the disorder. + +Fellow citizens of the United States! The threat of unhallowed +disunion--the names of those once respected, by whom it is uttered--the +array of military force to support it--denote the approach of a crisis in +our affairs, on which the continuance of our unexampled prosperity, our +political existence, and perhaps that of all free governments, may depend. +The conjuncture demanded a free, a full, and explicit enunciation, not +only of my intentions, but of my principles of action; and the claim was +asserted of a right by a State to annul the laws of the Union, and even to +secede from it at pleasure, a frank exposition of my opinions in relation +to the origin and form of our government, and the construction I give to +the instrument by which it was created, seemed to be proper. Having the +fullest confidence in the justness of the legal and constitutional opinion +of my duties, which has been expressed, I rely, with equal confidence, on +your undivided support in my determination to execute the laws--to +preserve the Union by all constitutional means--to arrest, if possible, by +moderate but firm measures, the necessity of a recourse to force; and, if +it be the will of Heaven, that the recurrence of its primeval curse on man +for the shedding of a brother's blood should fall upon our land, that it +be not called down by any offensive act on the part of the United States. + +Fellow-citizens! the momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessings +it secures to us as one people, shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that the +prudence, the wisdom, and the courage which it will bring to their +defence, will transmit them unimpaired and invigorated to our children. + +May the great Ruler of Nations grant that the signal blessings with which +he has favored ours, may not, by the madness of party or personal +ambition, be disregarded and lost; and may His wise providence bring those +who have produced this crisis to see their folly, before they feel the +misery of civil strife, and inspire a returning veneration for that Union, +which, if we may dare to penetrate his designs, he has chosen as the only +means of attaining the high destinies to which we may reasonably aspire. + +In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand. + +Done at the city of Washington, this 10th day of December, in the year of +our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh. + + ANDREW JACKSON. + + By the President: + EDW. LIVINGSTON, _Secretary of State_. + + +Comment upon the imperishable document just quoted is entirely +unnecessary. It speaks for itself in thundering tones that strikes terror +to the traitor's heart. Mark the clear and lucid reasoning,[3] the kind, +paternal advice, the bold and manly warning that pervades this production, +of the true, noble, honored patriot of the Hermitage. + +For the purpose of contrasting the administration of Andrew Jackson, +during the convulsion of 1832-'33, with that of James Buchanan, during our +present similar condition, we will give a brief summary of the course +pursued by the former: + +On the 24th day of November, previous to the issuing of President +Jackson's proclamation, South Carolina had, through her convention, +effectually declared herself out of the Union, by an ordinance that was to +take effect on the first day of February, 1833. The President, being +apprehensive of trouble in collecting the duties imposed by congress in +the various ports of South Carolina, and more especially at Charleston, +dispatched, through his secretary of the treasury, Louis McLean, +confidential orders of the most strict and positive character, to the +collectors at the several ports of entry. + +He writes to James K. Prinkle, Esq., collector at Charleston, ordering him +to use the utmost firmness and vigilence in seeing the laws promptly +executed in every particular. He ordered the revenue cutter Alert to +proceed to Charleston, and, in writing to Mr. Prinkle, he says, you will, +moreover, cause the officers of the cutter (showing that there were others +at hand), under your direction, to board all vessels departing from the +port of Charleston, and in case any shall be found without having been +regularly entered and cleared in the manner required by law, to seize and +detain the same, to be prosecuted according to law. The number of +assistants and employees were greatly increased, and every precaution +taken to prevent a surprise. But as time rolled around South Carolina, not +having penetrated the purposes of President Jackson sufficiently to +understand his position, felt confident in her final success, and was +defiant in her attitude. She began to collect her army that was to defeat +the government of the United States. She had appealed to her sister States +to aid her in sustaining her position. Dissatisfaction had already began +to show itself in various other sections of the country. The President +beheld the dangers and felt the responsibility resting upon him, and on +the 10th day of December he issued his Proclamation, declaring his +unalterable purpose to enforce the laws and collect the duties, and above +all to stand by the Constitution and the Union to the last, and warning +those who were precipitating their country into a civil war to beware of +the consequences and fearful responsibility they would incur by a +continuance in their reckless course. + +But South Carolina had gone too far to be silenced by any ordinary means. +She continued her preparations, still hoping that she could spread +disaffection into other portions of the country sufficient to frighten the +government into granting her demands, and many of the true friends of the +Union trembled for its safety, so wide-spread was the sympathy South +Carolina had enlisted. Many members of Congress were ready with their +measures of pacification, each anxious to become the instrument of +settling the difficulty, and perhaps immortalize his name. The horrors of +civil war were as freely discussed as at the present day. Numerous were +those who were ready and willing to sacrifice everything, even the dignity +of the nation, to avert the dreadful calamity. But where was the brave +Jackson? He was at the helm of the great ship of State, and although the +storm was raging, and the billows threatening to engulf her or dash her to +fragments on the inhospitable shore of anarchy, yet the brave old hero, +with the Constitution for his guide and the God of liberty for his +counselor, bid defiance to the mutineers who were threateningly assembled +around him. + +On the 16th day of December he sent a special message to Congress asking +for additional legislation for the purpose of meeting the exigency, he +reminding them of their sworn duty to protect the Constitution from every +encroachment, and appealed to their patriotism, and urged them, as true +Americans, to stand firmly by their country. Congress promptly responded +to the call, and the President thus prepared continued the collection of +customs uninterruptedly, and preserved the honor and dignity of the +nation. + +South Carolina, after much blustering and threatening, quieted down, and +it is to be hoped that many of the leaders of the rebellion lived to see +the folly of their acts and the wisdom of the President. + +But let us look for a moment at the course James Buchanan has pursued. It +is now over a year since men occupying high places in the government began +to publicly avow their determination to destroy this government and +involve all in one common ruin. Public speeches and the press of the +country have all proclaimed the determination of certain partain parties +to break up this Union. Conventions have been held and resolutions passed +declaring certain States out of the Union. Arsenals have been seized, +forts have been taken by bodies of armed men, public property confiscated, +and an unarmed steamer, bearing the flag of the nation, has been fired +into for attempting to comply with government orders--collectors of +customs are arrested and tried for treason for performing their duty. The +free navigation of the Mississippi is prevented; American citizens are +driven out of several of the States while peaceably attending to their +legitimate business, and some of the more unfortunate have suffered +tarring and feathering, whipping, scourging and even death at the hands of +those acting under authority, or at least within the knowledge of the +authorities of the several States; and yet, after all the enumerated +outrages, sufficient to disgrace even the half-civilized nation of +Morocco, not one word of unqualified rebuke has James Buchanan uttered +against those committing these outrages, not only against our government +but the very name of humanity. Surrounded by treason in his own +cabinet,[4] he has looked quietly on while his Secretary of War supplied +the insurgents with government arms. Open and defiant traitors have been +his daily counselors, while his imbecile, undecided course gives no one +confidence in his future policy. Treason is now openly and boldly +perpetrated throughout at least one-third of the entire country without +the least restraint from any source whatever. + +If there is to be found within the pages of history where the government +of a great, powerful and prosperous nation suffered treason to spread over +one-third of the entire country, coupled with the open and revolting acts +of violence that have characterized this rebellion, without the first +attempt to check its destructive progress, it is not within the range of +my knowledge. + +Although the grounds for argument to show that this government was +established by the people collectively of the whole country, (and not by +the several States, as claimed by some,) and that it can only be +rightfully altered or abolished by a constitutional majority of the same +power that established it, would seem to have been entirely gone over, +nevertheless we propose to introduce the additional evidence of that +noble, honored statesman, and able constitutional expounder, Daniel +Webster. + +On the 21st day of January, 1830, Mr. Hayne delivered in the Senate of the +United States a very able speech advocating the right of the various +States to nullify the laws of Congress in certain contingencies, or what +might be more properly called the South Carolina doctrine, embracing the +right to nullify the laws of Congress, or declare herself out of the Union +at pleasure. His speech was considered a complete succces by the +advocates of his sentiments, and was thought by them an unanswerable +vindication of those principles, and when Mr. Webster undertook the task +of replying to Mr. Hayne, he was met with jeers by the friends of +nullication; but as the volume of his reasoning began to unfold itself, +all eyes were attentively turned toward the speaker. After proceeding to +state the grounds upon which was founded the pretended right to nullify +the acts of Congress, Mr. Webster said: + + "This leads us to inquire into the origin of this government and the + source of its power. Whose agent is it? Is it the creature of the + State legislatures, or the creature of the people? If the government + of the United States be the agent of the State governments, then they + may control it, provided they can agree in the manner of controlling + it; if it is the agent of the people, then the people alone can + control it, restrain it, modify or reform it. It is observable enough, + that the doctrine for which the honorable gentleman contends leads him + to the necessity of maintaining, not only that this general government + is the creature of the States, but that it is the creature of each of + the States severally; so that each may assert the power, for itself, + of determining whether it acts within the limits of its authority. It + is the servant of four and twenty masters, of different wills and + purposes; and yet bound to obey all. This absurdity (for it seems no + less) arises from a misconception as to the origin of this government, + and its true character. It is, sir, the people's constitution, the + people's government; made for the people; made by the people; and + answerable to the people. The people of the United States have + declared that this constitution shall be the supreme law. We must + either admit the proposition, or dispute their authority. The States + are unquestionably sovereign, so far as their sovereignty is not + affected by this supreme law. The State legislatures, as political + bodies, however sovereign, are yet not sovereign over the people. So + far as the people have given power to the general government, so far + the grant is unquestionably good, and the government holds of the + people, and not of the State governments. We are all agents of the + same supreme power, the people. The general government and the State + governments derive their authority from the same source. Neither can, + in relation to the other, be called primary; though one is definite + and restricted, and the other general and residuary. + + "The national government possesses those powers which it can be shown + the people have conferred on it, and no more. All the rest belongs to + the State governments, or to the people themselves. So far as the + people have restrained State sovereignty by the expression of their + will, in the constitution of the United States, so far, it must be + admitted, State sovereignty is effectually controlled. I do not + contend that it is, or ought to be, controlled further. The sentiment + to which I have referred propounds that State sovereignty is only to + be controlled by its own 'feelings of justice;' that is to say, it is + not to be controlled at all; for one who is to follow his feelings, is + under no legal control. Now, however men may think this ought to be, + the fact is, that the people of the United States have chosen to + impose control on State sovereignties. The constitution has ordered + the matter differently from what this opinion announces. To make war, + for instance, is an exercise of sovereignty; but the constitution + declares that no State shall make war. To coin money is another + exercise of sovereign power; but no State is at liberty to coin money. + Again, the constitution says, that no sovereign State shall be so + sovereign as to make a treaty. These prohibitions, it must be + confessed, are a control on the State sovereignty of South Carolina, + as well as of the other States, which does not arise 'from feelings of + honorable justice.' Such an opinion, therefore, is in defiance of the + plainest provisions of the constitution." + +Mr. Webster proceeded to investigate the South Carolina doctrine as it was +then termed; he referred to the resolutions of Pennsylvania and Kentucky +declaring the tariff laws constitutional, while in South Carolina the same +laws were declared to be a palpable, deliberate usurpation of power by +Congress; and in speaking of the absurdity of allowing each State to +decide in such cases, he said: + + "If there be no power to settle such questions, independent of either + of the States, is not the whole Union a rope of sand? Are we not + thrown back again precisely upon the old confederation? + + "It is too plain to be argued. Four and twenty interpreters of + constitutional law, each with a power to decide for itself, and none + with authority to bind anybody else, and this constitutional law the + only bond of their union! What is such a state of things but a mere + connection during pleasure, or, to use the praseology of the times, + _during feeling_? And that feeling, too, not the feeling of the people + who established the constitution, but the feeling of the State + governments." + +In referring to remarks made by Mr. Hayne, concerning what Mr. Hillhouse +should have said about not being bound to obey an unconstitutional law, +Mr. Webster says: + + "He quotes that distinguished senator as saying, that in his judgment + the embargo law was unconstitutional, and that, therefore, in his + opinion, the people were not bound to obey it. + + "That, sir, is perfectly constitutional language. As unconstitutional + law is not binding; _but then it does not rest with a resolution or a + law of a State legislature to decide whether an act of congress be or + be not constitutional_. An unconstitutional act of congress would not + bind the people of this District although they have no legislature to + interfere in their behalf; and, on the other hand, a constitutional + law of congress does bind the citizens of every State, although all + their legislatures should undertake to annul it, by act or resolution. + The venerable Connecticut senator is a constitutional lawyer, of sound + principles and enlarged knowledge; a statesman practiced and + experienced, bred in the company of Washington, and holding just views + upon the nature of our governments. He believed the embargo + unconstitutional, and so did others; but what then? Who did he suppose + was to decide that question? The State legislature? Certainly not. No + such sentiment ever escaped his lips." + +Mr. Webster went on to ask from whence this supposed right of the States +came? Where did they get the power to interfere with the laws of the +Union? He contended that the notion was founded in a misapprehension of +the origin of this government and of the foundation on which it stands. I +hold, said he, this to be a popular government, erected by the people, +those who administer it responsible to the people, and itself capable of +being amended and modified just as the people may choose it should be. + + "It is as popular, just as truly emenating from the people, as the + State governments. It is created for one purpose; the State + governments for another. It has its own powers; they have theirs. + There is no more authority with them to arrest the operation of a law + of congress, than with congress to arrest the operation of their laws. + We are here to administer a constitution emenating immediately from + the people, and trusted by them to our administration. It is not the + creature of the State governments. It is of no moment to the argument + that certain acts of the State legislatures are necessary to fill our + seats in this body. That is not one of their original State powers, a + part of the sovereignty of the State. It is a duty which the people, + by the constitution itself, have imposed on the State legislatures, + and which they might have left to be performed elsewhere, if they had + seen fit. So they have left the choice of president with electors; but + all this does not affect the proposition that this whole + government--president, senate and house of representatives--is a + popular government. It leaves it still all its popular character. The + governor of a State (in some of the States) is chosen not directly by + the people for the purpose of performing, among other duties, that of + electing a governor. Is the government of the State on that account + not a popular government? This government, sir, is the independent + offspring of the popular will. It is not the creature of State + legislatures; nay, more, if the whole truth must be told, the people + brought it into existence, established it, and have hitherto supported + it, for the very purpose, amongst others, of imposing certain salutary + restraints on State sovereignties. The States cannot now make war; + they cannot contract alliances; they cannot make, each for itself, + separate regulations of commerce; they cannot lay imposts; they cannot + coin money. If this constitution, sir, be the creature of State + legislatures, it must be admitted that it has obtained a strange + control over the volition of its creators." + +Mr. Webster then proceeded to show that when the people erected this +government they gave it a Constitution, and in that Constitution they +enumerated the powers which they bestowed on it. That they had made it a +limited government, and defined its authority and restrained it to the +exercise of such powers as were granted, and all others were reserved to +the States or the people. But they did not stop there, being aware that no +Constitution could be so plainly written but what there would be a +difference of opinion on the construction of some points, consequently +they (the people) in order to avoid a recurrence of the difficulties +experienced under the old confederacy and render the laws of Congress +effective and binding upon all parties without applying to State +authority, thus rendering the government complete within itself, declared +the Constitution and the laws of the United States, made in pursuance +thereof, should be the supreme law of the land. In referring to the +tribunal in which to decide questions arising under the Constitution, Mr. +Webster said: + + "But, sir, the people have wisely provided, in the constitution + itself, a proper, suitable mode and tribunal for settling questions of + constitutional law. There are, in the constitution, grants of powers + to congress, and restrictions on those powers. There are also + prohibitions on the States. Some authority must therefore necessarily + exist, having the ultimate jurisdiction to fix and ascertain the + interpretation of these grants, restrictions, and prohibitions. The + constitution has itself pointed out, ordained, and established that + authority. How has it accomplished this great and essential end? By + declaring, sir, that '_the constitution and the laws of the United + States, made in pursuance thereof, shall be the supreme law of the + land, anything in the constitution or laws of any State to the + contrary notwithstanding_.' + + "This, sir, was the first great step. By this, the supremacy of the + constitution and laws of the United States is declared. The people so + will it. No State law is to be valid which comes in conflict with the + constitution or any law of the United States. But who shall decide + this question of interference? To whom lies the last appeal? This, + sir, the constitution itself decides also, by declaring '_that the + judicial power shall extend to all cases arising under the + constitution and laws of the United States_.' These two provisions, + sir, cover the whole ground. They are, in truth, the keystone of the + arch. With these it is a government; without them it is a confederacy. + In pursuance of these clear and express provisions, congress + established, at its very first session, in the judicial act, a mode + for carrying them into full effect, and for bringing all questions of + constitutional power to the final decision of the supreme court. It + then, sir, became a government. It then had the means of + self-protection; and but for this, it would, in all probability, have + been now among things which are passed. Having constituted the + government, and declared its powers, the people have further said, + that since somebody must decide on the extent of these powers, the + government shall itself decide--subject always like other popular + governments, to its responsibility to the people. And now, sir, I + repeat, how is it that a State legislature acquires any right to + interfere? Who, or what, gives them the right to say to the people, + 'We, who are your agents and servants for one purpose, will undertake + to decide, that your other agents and servants, appointed by you for + another purpose, have transcended the authority you gave them?' The + reply would be, I think, not impertinent, 'Who made you a judge over + another's servants. To their own masters they stand or fall.'" + +He then went on to show that a State could not make treason against the +United States legal, and, says he, when I maintain these sentiments, I am +but asserting the rights of the people; I state what they have declared +and insisted on as their right to declare it. They have chosen to repose +this power in the general government, and I think it my duty to support it +like other Constitutional powers. + +In referring to the importance of having but one tribunal, whose decisions +should be final--Sir, said he: + + "If we look to the general nature of the case, could any thing have + been more preposterous than to have made a government for the whole + Union, and yet left its powers subject, not to one interpretation, but + to thirteen or twenty-four interpretations? Instead of one tribunal, + established by all, responsible to all, with power to decide for all, + shall constitutional questions be left to four and twenty popular + bodies, each at liberty to decide for itself, and none bound to + respect the decisions of others; and each at liberty, too, to give a + new construction, on every new election of its own members? Would any + thing, with such a principle in it, or rather with such a destitution + of all principle, be fit to be called a government? No, sir. It should + not be denominated a constitution. It should be called, rather, a + collection of topics for everlasting controversy; heads of debate for + a disputatious people. It would not be a government. It would not be + adequate to any practical good, nor fit for any people to live under." + +Mr. Hayne, already overborne with the overwhelming and unanswerable +arguments, was yet destined to receive the most cutting rebuke from his +vanquisher. Mr. Webster said: + + "And now, Mr. President, let me run the honorable gentleman's doctrine + a little into its practical application. Let us look at his probable + _modus operandi_. If a thing can be done, an ingenious man can tell + _how_ it is to be done. Now, I wish to be informed _how_ this State + interference is to be put in practice. We will take the existing case + of the tariff law. South Carolina is said to have made up her opinion + upon it. If we do not repeal it, (as probably we shall not,) she will + then apply to the case the remedy of her doctrine. She will, we must + suppose, pass a law of her legislature, declaring the several acts of + congress, usually called the tariff laws, null and void, so far as + they respect South Carolina, or the citizens thereof. So far, all is a + paper transaction, and easy enough. But the collector at Charleston is + collecting the duties imposed by these tariff laws--he, therefore, + must be stopped. The collector will sieze the goods if the tariff + duties are not paid. The State authorities will undertake their + rescue: the marshal, with his posse, will come to the collector's aid; + and here the contest begins. The militia of the State will be called + out to sustain the nullifying act. They will march, sir, under a very + gallant leader; for I believe the honorable member himself commands + the militia of that part of the State. He will raise the _nullifying + act_ on his standard, and spread it out as his banner. It will have a + preamble, bearing that the tariff laws are palpable, deliberate, and + dangerous violations of the constitution. He will proceed, with his + banner flying, to the custom house in Charleston-- + + "all the while + Sonorous metal blowing martial sounds." + + Arrived at the custom house, he will tell the collector that he must + collect no more duties under any of the tariff laws. This he will be + somewhat puzzled to say, by the way, with a grave countenance, + considering what hand South Carolina herself had in that of 1816. But, + sir, the collector would, probably, not desist at his bidding. Here + would ensue a pause; for they say, that a certain stillness precedes + the tempest. Before this military array should fall on custom house, + collector, clerks, and all, it is very probable some of those + composing it would request of their gallant commander-in-chief to be + informed a little upon the point of law; for they have doubtless a + just respect for his opinions as a lawyer, as well as for his bravery + as a soldier. They know he has read Blackstone and the constitution, + as well as Turenne and Vauban. They would ask him, therefore, + something concerning their rights in this matter. They would inquire + whether it was not somewhat dangerous to resist a law of the United + States. What would be the nature of their offence, they would wish to + learn, if they, by military force and array, resisted the execution + in Carolina of a law of the United States, and it should turn out, + after all, that the law _was constitutional_. He would answer, of + course, treason. No lawyer could give any other reason. John Fries,[5] + he would tell them, had learned that some years ago. How, then, they + would ask, do you propose to defend us? We are not afraid of bullets, + but treason has a way of taking people off that we do not much relish. + How do you propose to defend us? 'Look at my floating banner,' he + would reply; 'see there the _nullifying law_!' Is it your opinion, + gallant commander, they would then say, that if we should be indicted + for treason, that some floating banner of yours would make a good plea + in bar? 'South Carolina is a sovereign State,' he would reply. That is + true; but would the judge admit our plea? 'These tariff laws,' he + would repeat, 'are unconstitutional, palpably, deliberately, + dangerously.' That all may be so; but if the tribunals should not + happen to be of that opinion, shall we swing for it? We are ready to + die for our country, but it is rather an awkward business, this dying + without touching the ground. After all, this is a sort of _hemp_-tax, + worse than any part of the tariff. + + "Mr. President, the honorable gentleman would be in a dilemma like + that of another great general. He would have a knot before him which + he could not untie. He must cut it with his sword. He must say to his + followers, defend yourselves with your bayonets; and this is + war--civil war." + +Mr. Webster continued to show that to resist by force the execution of a +law of the United States was treason, and that the Courts of the United +States could take no notice of a State law to authorize persons to commit +that grave crime. Said he, the common saying that a State cannot commit +treason herself, is nothing to the purpose. Can it authorize others to do +so? If John Fries[5] had produced an act of Pennsylvania annulling the +law of Congress, would it have helped his case? Talk about it as we will, +these doctrines go the whole length of revolution. They are incompatible +with any peaceable administration of the government. They lead directly to +disunion and civil commotion, and therefore it is, that at the +commencement, when they are first found to be maintained by respectable +men, and in a tangible form, that I enter my protest against them all. Mr +Webster proceeded to show that the people of the United States have not +chosen the State authorities as their guardians against encroachments from +the general government. Said he: + + "Sir, the people have not trusted their safety, in regard to the + general constitution, to these hands. They have required other + security, and taken other bonds. They have chosen to trust themselves, + first to the plain words of the instrument, and to such construction + as the government, itself, in doubtful cases, should put on its own + powers, under their oaths of office, and subject to their + responsibility to them; just as the people of a State trust their own + State governments with a similar power. Secondly, they have reposed + their trust in the efficacy of frequent elections, and in their own + power to remove their own servants and agents, whenever they see + cause. Thirdly, they have reposed trust in the judicial power, which, + in order that it might be trustworthy, they have made as respectable, + as disinterested, and as independent as practicable. Fourthly, they + have seen fit to rely, in case of necessity, or high expediency, on + their known and admitted power to alter or amend the constitution, + peaceably and quietly, whenever experience shall point out defects or + imperfections. And finally, the people of the United States have at + no time, in no way, directly or indirectly, authorized any State + legislature to construe or interpret _their_ instrument of government; + much less to interfere, by their own power, to arrest its course and + operation. + + "If, sir, the people in these respects had done otherwise than they + have done their constitution could neither have been preserved nor + would it have been worth preserving. And if its plain provisions shall + now be disregarded, and these new doctrines interpolated in it, it + will become as feeble and helpless a being as enemies, whether early + or more recent, could possibly desire. It will exist, in every State, + but as a poor dependent on State permission. It must borrow leave to + be, and will be no longer than State pleasure, or State discretion + sees fit to grant the indulgence and to prolong its poor existence. + + "But, sir, although there are fears, there are hopes also. The people + have preserved this their own chosen Constitution for forty years, and + seen their happiness, prosperity and renown grow with its growth, and + strengthen with its strength. They are now generally strongly attached + to it. Overthrown by direct assault, it cannot be; evaded, undermined, + _nullified_ it will not be, if we and those who succeed us here, as + agents and representatives of the people shall conscientiously and + vigilantly discharge the two great branches of our public trust + faithfully to preserve and wisely to administer it." + +We believe that after perusing the evidence already advanced, every +reasonable, unprejudiced person must come to the conclusion that the +fathers of our country established the government of the United States +with the full understanding and intent that it should be supreme, so far +as its delegated authority extended. That it was a unit and capable of +sustaining itself by force, if necessary. Mr. Madison's views are +repeatedly expressed on this point, explaining the advantages of +conferring sufficient powers upon the general government to enable it to +suppress internal violence and insurrection, thus providing against the +civil commotion that had overthrown other republics of a weaker and less +binding obligation on the part of the members composing them. See pages +24, 25 and 26 of this book. The papers here referred to are the more +important on account of being written while the question of adoption or +rejection of the Constitution was being discussed before the people. +Again, on pages 30 to 32, the defects and imperfections of the old +confederation in relation to the principles of legislation for the States +in their collective capacities, showing more fully that the intention was +to create a _government for the people of the United States_ that should +be binding on all persons, or combination of persons, for all time to +come. And again, on page 34, is another quotation from the joint +production of Madison, Jay and Hamilton, showing that the government was +expected to reach individuals without the aid, and independent of, State +authority. And still another quotation, on pages 35 and 36, goes to show +that there was a full understanding that the people were conferring +certain powers upon the general government, and of course taking them from +the States for the purpose of forming one great, inseparable and +indissoluble nation. There is not a particle of evidence to prove that the +people contemplated reserving or recognizing any State distinction or +State sovereignty, so far as the powers of the general government were +concerned; but the whole drift of evidence goes to show that they were +conscious of the necessity of uniting themselves under one grand +government, making themselves one people, reserving only to the States or +themselves such powers as were thought necessary to regulate their local +affairs, leaving the States in nearly the same relation to the general +government that a city municipality is to the government of the State in +which it is located; but all must owe obedience to the government of the +United States. + +But this is not all the evidence we have on this subject. As we review the +history of the government, we find that Washington, Jackson, Webster, +Clay, and in fact nearly every statesman of any prominence in our +political history have either by their acts or words committed themselves +to this same policy. The proclamation of General Jackson, and the extracts +given of Mr. Webster's arguments, are the key-stone to the arch; they are +both conclusive in themselves, and comment by me would be but a weak +advocate of their masterly and unanswerable arguments, hence I close the +subject, conscious of having proven to the satisfaction of myself at +least, and, I trust, to some of my doubting Democratic friends and +weak-hearted Republican brethren, that we at least have a government, +established by our forefathers, constituting us one nation, one people, +with one common country and destiny. Whether we shall be found brave +enough to defend it and perpetuate it is a question which the God of +nations only knows, and time alone will reveal to man. + + + + +THE UNION. + + +Shall this Union he maintained, or shall it be dissolved? are questions +that are the all absorbing topics of conversation amongst all classes of +people, through the length and breadth of our entire country. There seems +to be a great lack of firmness and decision at this time, in relation to +the proper course to be pursued in view of the momentous question now +about to be presented, discussed and decided upon by the American people. + +While true men are thus dumfounded and amazed; I might say silenced with +almost a paralyzing astonishment at the daring and rapid movements of the +internal enemies to our country; the eyes of the civilized world are +turned towards us, and every true friend of liberty and human progression +is awaiting our decision upon this grave question, with an almost +breathless suspense. In view of this state of things, what course shall we +pursue in order to acquit ourselves honarably and preserve our nation from +the ruin that seems threatening to blot out the only guarantee that there +is such a government as "The United States?" There can be but one answer +to this from every true American patriot, and that is, that every attempt +to break up this government, let it come from few or many, will be met, be +the consequences what they may. The _integrity_ of this Union must and +shall be maintained, should be the watch-word of every man, woman and +child that values the blessing of liberty under which we have prospered as +individuals and as a nation. It is contended by some that it is better to +allow those States that choose to secede to go in peace than to enter into +a civil war, the end of which no man can foretell. This would look very +plausible were it not that there is a principle at stake which is at the +very foundation of every Democratic government, and without the +maintenance of this vital principle self-government is but a farce and a +deception. And what is this principle? Why it is nothing more nor less +than compelling the minority to submit to the constitutional acts of the +majority. Now, who will pretend that a Democratic government can be +sustained without this principle is both recognized and, if necessary, +enforced? + +I am not one of those who think that the question of slavery is the great +and only cause of our present troubles; far from it, you may banish every +vestige of slavery from our country, and other differences of opinion will +rise up, and cause other disputes equally as difficult to settle. Nor is +the extent of our country, or the variety of the climate to be charged +with our difficulties, for even in our city and State elections we find +there is a wide difference of opinion, which results in crimination and +recrimination. The same will be found in the various school districts and +in many of the churches. Where ever there is a government there must and +will be a difference of opinion. It is not to be expected that we will all +agree in relation to the various schemes that are presented from time to +time for our consideration. But shall we revolt and overthrow the +government because our pet scheme is defeated? If not, then should we +allow others to involve us in one common ruin because of their defeat? +There would be no end to this rebellious spirit if the obligation to +submit to a constitutional election was removed. What would be the result +of giving way to those who are now threatening our peace? Would not every +other community have the same right; and we having once granted the right +by allowing a portion of the nation to set up an independent government, +how could we in justice punish those who choose to go and do likewise? +State governments will have the same difficulty to contend against that +the United States have now, and instead of strength and prosperity we will +be weak and divided and without honor at home or abroad. + +I think that every sane man will agree with me when I say that it is much +better to meet on one grand battle field and settle this question at once +than to dodge the responsibility for the present, only to allow dissention +to spread broad cast over the land. When this great nation has been torn +into fragments by this ranting, ungovernable spirit, we, or our children, +will have to enforce this great principle, that some of our best meaning +friends are willing to abandon for the sake of peace. + + +THE EFFECT OF A WAR TO SUSTAIN OUR GOVERNMENT. + +The effect of a war to sustain our government would be to plant the seed +of true patriotism in the breast of every law-abiding and liberty-loving +citizen of America. We should be able to contrast the two extremes of our +unheard of prosperity and the miseries and horrors of civil war--which of +itself would do much towards insuring peace for centuries to come. Let +those who expect that we love peace so well, or dread war so much as to +allow them to bid defiance to all laws, learn that they are mistaken; that +we are not the degenerate sons of a noble ancestry, but knowing our rights +and loving our country, we are determined to defend them against every +encroachment, and we will hear no more threats about disunion or rebellion +in consequence of a political defeat. We shall then have established +beyond a controversy that the minority must and shall submit to the +constitutional acts of the majority. We will then have established in the +minds of the civilized world that our government is not one of straw, but +that it is not only capable of vindicating its honor in defiance of +foreign foes, but it is equally able to chastise those who rebel against +its authority at home. War would be to our political system, what the +thunderstorm is to the atmosphere. Its purifying influences would be +manifested by inspiring new life, vigor and purity into everything that +surrounds us. Political demagogues will be cast aside as unfit for public +confidence, and better and more patriotic men will spring up from among +the masses who will have before them the history of the troubles through +which their country has passed as lesson and a warning to shun a like +calamity. + +We have heretofore shown ourselves to be equal to our undertakings, and +now when the great crisis in our national affairs is at hand, and the eyes +of the friends of liberty throughout the civilized world are gazing upon +us with the deepest anxiety, shall we be found unworthy of the liberties +we enjoy? Should we be found unfaithful to the trust imposed on us by our +forefathers? We would be the just object of scorn and contempt, and the +historian who shall undertake the task of writing the true history of the +rise and fall of the American government, will have the painful duty of +drawing the contrast between the noble and patriotic heroes who +established it, and the cowardly, selfish and unprincipled traitors who +became its destroyers. + + +SHALL THE PEOPLE RULE? + +This question is frequently asked by those who are encouraging the +Southern rebellion. I answer, most emphatically, in the affirmative. But +let us see who the people are. It is plain that the people of a State are +not those of one or more of the counties, unless the people of those +counties are a majority of all the people in the State. Now the +Constitution of the United States comes from the people of all the States, +consequently it will be perceived that they alone and not the people of +one State have the right to alter or abolish it. As well might the people +of Indianapolis declare the Constitution of the State of Indiana null and +void, as for the people of one State to declare this Union dissolved. It +is true that men talk about "States' rights," "the equality of the +States," and in fact invent every manner of argument for the purpose of +shielding those who are committing treason against the government of the +United States, but where is the clause of the constitution that discloses +any such sentiments? There is none, but on the other hand we find the most +positive proof that the framers of that article intended that we should be +one great nation, and to secure us against the liability of sudden and +unnecessary changes they provided that in order to amend the constitution +the consent of three-fourths of all the States were necessary, hence it +will be perceived that a simple majority of the people of the United +States could not amend the constitution, much less declare it null and +void. + +In view of this wise provision so necessary to secure stability to our +government, how rediculous it is to talk about a single State declaring +this Union dissolved against the well-known wish of four-fifths of all the +people of our entire country. The thing is absurd in the extreme and +should not be entertained for a moment, for such a principle once +established would be the end of all constitutional governments. But +suppose we grant the independence of such States as choose to withdraw +from the Union. In order to do this we must amend the constitution so as +to empower Congress to act upon the matter, and until then, every member +of Congress is bound to stand by the constitution as it is, for there is +no power granted them to treat with a portion of this nation as an +independent sovereign power. The framers of the Constitution did not grant +Congress any more than a State the right to dismember or dissolve the +Union. And who would for a moment consent to the assumption of such +extraordinary and important authority by those who were sent to Washington +to support the very constitution which they are now called upon to +disregard and destroy. + + +WHAT SHOULD THE PEOPLE DO TO AVERT THE THREATENING STORM? + +In my opinion, the best way to stop this disunion and treasonable clamor, +is for all friends of the Union to come out and call meetings, and pass +resolutions such as are appropriate for the times, telling our enemies +that it was for this Union our fathers fought, bled and died, and we will +do (if necessary) as our fathers did. Let there be but one sentiment, and +the unbroken ranks of eighteen millions of freemen will do more to silence +treason than all the constitutional amendments that could be prepared by +twice the number of pacificators that are now offering their services to +induce the government to meet the traitors on what is termed "middle +ground." It is this continued wavering and uncertain position of the +people that give those who are plotting our destruction such full and +perfect confidence in their final success. Few men could be found who +would enter the enemies ranks, if the certainty of being dealt with +according to the laws of our country was before them. The boasted bravery +of those chivalrous gentlemen who are now firing the hearts of the +ignorant with bitter hatred against the noblest government on earth, would +hesitate, reflect, and recoil at the sight of the hangman and the gallows. +I question not their bravery, neither do I doubt their determination, but +with the certainty of defeat before them, would they strike the fatal +blow? Every sane man is apt to count the chances of success when he enters +upon any very important undertaking, and if there is nothing before him +but humiliation and defeat, where is the man who would be found fool hardy +enough to risk his life in such a hopeless enterprise? They are few and +far between. We are told that unless the nation gives way to these +traitors, that the war that will ensue will be the most bloody and +desperate ever known to civilized man. There is no doubt but they will +fight, but will they be found any more brave and determined in destroying +than we will be in maintaining our glorious country? I presume not. Then +we can easily discover the character of the war by deciding upon the +course we would pursue in such a contingency. This talk about such a war +being any worse than other wars, is a mere bugbear, sent out to frighten +the timid into submission, and the less notice there is taken of it, the +more unfrequent will it be referred to. It is a noticeable fact, that +those who are bringing about this great calamity are the very ones who are +picturing to our visions the horrible consequences that would result from +an effort to stop their career. Can impudence go further? Could Arnold +have done more to have accomplished his base and ignoble purpose? + +Then let the friends of our country rally under its banner, and then and +there resolve anew to stand by this Union as the only safety for our +peace, our prosperity, and our liberties. There should be no partizan +prejudice, for it is not the question who shall rule the country, but +whether we shall have a country to rule. We all have a common interest in +preserving this government, and none should wait for this or that +politician, for they are all waiting to see the determination of the +people before they will take a very decided stand. Nor can the +politicians alone save our country. Far from it. They are the parties who +aided in bringing about our present political troubles which are +threatening to involve us in a deadly contest to save our country from +dissolution. As well might you prescribe arsenic and expect it to cure a +patient who was threatened with death from the excessive use of that +poisonous drug, as to look to the politicians to restore peace and +prosperity to our distracted country. + +Since it is the people that must save our country, if saved at all, let +there be unanimity, firmness and decision upon the all important question +of preserving the Union; not if we can carry out our pet scheme; not if +South Carolina is willing. Neither should we make any other condition, but +resolve unalterably to stand by the constitution and the laws to the end, +and never for one moment think of abandoning our undertaking, until this +noble object shall have been accomplished. It is a duty that we owe to +ourselves, to our homes and firesides, to the friends of freedom +throughout the civilized world, to those who are plotting treason against +our government, and to the God of liberty, that we should speak out +plainly and to the point, and warn those who are expecting such an easy +victory, that they are sadly and seriously mistaken; that we are not, as +has been represented to them, divided, but we are as one man for our +country, unconditionally and unalterably, and though we may differ in +relation to the policy of conducting the great ship of state, yet we will +not abandon her, nor allow others to commit depredations against her. The +people of this great nation will never consent to a peaceable distruction +of this noble fabric. Never! never! no, never! Then should we not warn +those who are expecting an easy victory, against the awful consequences of +a persistence in their destructive policy? By our silence we encourage +them, by our inactivity we strengthen them, and by our indecision we give +them confidence. The policy to be pursued should be distinctly laid down +and presented to them. They have been deceived and encouraged with the +prospect of success by the course we have pursued, and should war become +necessary in order to enforce the laws, we are culpable, in a measure, for +not showing more firmness at an earlier period. There is no room to doubt +their determination to bid defiance to the constitution and the laws of +the land, and nothing short of a show of the ability and the determination +to stand by our country, will induce them to desist. It may now be too +late to avoid bloodshed, but the sooner the remedy the less severe will be +the calamity. + +We are told that to stir this matter up at the north will only excite and +spread the feeling of dissatisfaction more swiftly over the land, but the +time has come when, to my mind, we must prepare to decide between our +national existence or non-existence. And should we be afraid of offending +the enemies of our country? Those who would turn against the government, +provided their peculiar notions in relation to some particular question is +rejected, are against the whole spirit of a democratic government, and +will be found against us in the end, and we may as well count them there +first as last. A submission to their dictation would be to yield the reins +of government into the hands of those who are determined to either rule or +ruin, which must evidently result in the latter. + +Let us examine the bearing of this rule or ruin policy, and see where it +would end, provided we give way to those who choose to adopt it. I know of +no better example, to test its destructiveness, than the one presented to +us in the present unsettled condition of our country. The people have +elected a President and Vice President in strict conformity with the +provisions of the constitution, made and provided for that purpose. Of +this there is no dispute. There is no use in talking about the issue being +sectional, for every person who was legally entitled to vote for President +and Vice President of the United States, and who concurred with the +sentiments of the party, was invited to take part in the election. There +was no distinction between North and South in this matter, and the plea +set forth that there was no support from one-half of the country, does not +alter the case, especially since it is well known that the political +opponents of Mr. Lincoln would not allow the free discussion of the +various issues presented to the people for their consideration. Had this +course been pursued in the North, there would not have been a +Breckenridge party in many of the Northern States. It will be perceived, +that owing to this intolerant spirit exhibited in some portions of the +South, Mr. Lincoln's views were not, and could not be presented to the +people for their consideration, which is in itself entirely inconsistent +with the spirit of a free government, as well as a violation of the +constitution and laws of our country. But who was to blame for this spirit +of mobocracy? Was it Mr. Lincoln or his friends? Nothing but a bigoted +blindness could lead any reasonable and well informed man to an +affirmative conclusion. The simple fact that Mr. Yancey, the leader of the +most ultra opponents of the Republicans, was allowed to advocate his views +all over the North without molestation or even insult, proves to the +contrary. But we are told that the Republican principles are contrary to +Southern interests. What if they are? Is that a reason why the right of +free discussion should be blotted out of existence? The principles of Mr. +Yancey are thought by a large majority of the people of the free States, +to be _decidedly_ against the interest of the whole country. + +But did they propose to destroy this government if Mr. Breckenridge was +elected? Did they insult him, or drive him from the country as a felon? +No, he was kindly treated and listened to. The people, however, did not +conclude to vote his principles, and for this they are treated as +criminals of the deepest dye. _Comment is unnecessary._ But supposing Mr. +Breckenridge had been elected, and Massachusetts had placed herself in the +unenviable position that South Carolina has assumed, where is the +statesman who would have advocated the justice of her position, or her +right to secede, and thereby break up this government, unless Mr. +Breckenridge would renounce his doctrine, and propose a change in the +constitution recognizing the Republican principles, and who would be found +willing to compromise the honor and dignity of the government by conceding +to such demands? If any there be who would lend their aid to such a +scheme, they are mere political demagogues without honor, and are not +entitled to the confidence of the people. In this, I presume, nearly every +person will agree with me. Still, when we turn to the South, there seems +to be some diversity of opinion in relation to what course should be +pursued. Now, why this difference? Can it be charged to anything but +political prejudices? True patriotism never begets such inconsistencies. + +Now it is plain that if any party make it a condition that they must be +allowed to control this government, in order to allow us to live in peace, +then that party, above all things, should not be allowed such control. The +mere demand shows the incompetency of such party to occupy such an +important position in our national affairs. Suppose we should grant the +present request. Are we prepared to grant the next that may be made at any +future time? If so, tell me, if you please, when and where you will be +willing to make a stand for the vindication of our constitutional rights? +Are we to give way to one demand after another until we have transferred +all the rights which we now possess to this rule or ruin party? + +It is contended by some that, by allowing those States which desire to +secede from this Union, to go without opposition, it will insure us peace, +and at the same time remove the slave question from congress, and, +thereby, our political troubles are at an end. Happy man is he who can +imagine such a political millennium so near at hand, and so easily to be +obtained. I would ask whether other questions may not come up that will +divide the people, and cause the same bitter feeling that now distracts +the whole country when another section will demand a separation from the +remaining States; and whether they will not have the same right that we +are now called upon to grant to the Cotton States? It is plain to me that +if this policy, of allowing any State to secede that can raise a pretext +for doing so, is to be adopted, we will soon have no government at all; +but in the place of this law-abiding and liberty loving community, where +peace, plenty and prosperity has smiled upon us so many happy years, +anarchy will reign, with all its blasting and withering influences, laying +waste our brightest hopes, and casting a gloom and dispair over everything +that has heretofore been the pride of every true American citizen. We are +now called upon to consent to divide this nation under the penalty of +civil war; the horrors of which we all deeply deplore, and are willing to +prevent by all reasonable measures. But, can we grant what is asked +without establishing a precedent that will lead to further demands, and a +consequent sub-division, and, in fact, division after division until this +glorious and prosperous country shall be (instead of one great, powerful +and honored nation,) thirty-three petty contending States, each striving +to get the advantage of the other? It is contended by some that, by making +concessions, both war and dissolution can be prevented. But, let us look +at their character, and the circumstances under which they are demanded, +and see whether such results, under existing circumstances, are likely to +be realized. + +The people of the United States have just cast their votes in accordance +with the usages and customs heretofore adopted, as well as in perfect +conformity with their constitutional rights, and, as usual in such cases, +there has been more than one party. The result has been that one party +elected their choice, while the others were necessarily unsuccessful; and +instead of submitting, like true patriots, peaceably to the constitutional +acts of the people, a portion of the defeated party demand of those who +have, by their numbers, carried the election, the surrender of their +principles. This is the basis of the compromise that the freemen of this +nation are unblushingly asked to make. But, upon inquiry as to whether +said conditional rebels (for they are nothing else) are willing to aid in +suppressing the more ultra and unconditional rebels of such States that +have already declared themselves out of the Union, we find them bitterly +opposed to everything that tends to show the supremacy of the laws over +this traitorous secession dogma; and our candid opinion is, that every +individual who places himself upon this platform, is contemplating a deep +laid scheme for the purpose of obtaining all the public territory they +possibly can for the institution of slavery, and then withdraw from the +Union with their booty. Ask them if they are willing to submit in case the +people reject their demands, and the answer is, no, they will die first. +Thus the ultimatum is presented to us to either surrender our principles, +our country, or fight to sustain it. Fellow-countrymen we need not ask you +which you will do. + +Let us sift this unparalleled scheme of impudence and see whether it is +going to be productive of permanent good to any one except to those who +are desirous of involving us in anarchy and ruin. + +Supposing the Republicans should abandon their principles, which seem to +be the terms upon which peace is offered, and, in 1864, the Democrats +should succeed in electing the President upon the slave-extension +platform, and the Republicans, feeling that their interests were likely to +be trampled upon by the dominant party, should say to the Democracy that, +unless said Democrats would abandon the principles of their party, and +secure the Republicans against the exercise of their principles in the +future, by an amendment to the constitution itself, they (the Republicans) +would dissolve this Union? It will be observed that, if one party has the +right to demand concessions, the other party has the same right, +consequently it would not be the majority that would rule, but the +minority. Neither have we any guarantee that, by granting the present +demands, that other and still more absurd and threatening demands will not +be made. We are now called upon to incorporate into the constitution +certain additional rights and privileges for slavery; and what is the +threatened penalty that is offered to the freemen of this nation if they +fail to grant what is demanded? Why it is nothing less than a complete +overthrow and destruction of this government--and yet the Republicans are +taunted with the charge of being the cause of all the consequences of the +great calamity that seems awaiting our destruction. I call especial +attention to this subject, more particularly in consequence of the +probable effort that will be made to force what is called the "Crittenden +Amendment," upon the people. It should be remembered that Mr. Crittenden +proposes, not only to give all the territory south of 36° 30' to the slave +interests, but all the territory hereafter acquired. + +The restoration of the Missouri Compromise sounds very smooth and pleasant +to the ear, but is it the Missouri Compromise that Mr. Crittenden proposes +to restore? Far from it. Let us look at the broad difference between the +two measures, and see whether there is not something that looks as though +there was deception, of the deepest dye, about to be practiced upon those +who are desirous of preserving the territories free from the blighting +curse of slavery. We have heard much about the Missouri Compromise, also +about Mr. Crittenden's amendment, and, for the benefit of those who are +not familiar with the two measures, we will give them both in full. The +following is all that relates to the institution of slavery in what is +called the Missouri Compromise: + + "SEC. 8. _And be it further enacted_, That, in all the territory ceded + by France to the United States, under the name of Louisiana, which + lies north of thirty-six degrees and thirty minutes north latitude, + not included within the limits of the State contemplated by this act, + (meaning Missouri,) slavery and involuntary servitude, otherwise than + in the punishment of crime, whereof the parties shall have been duly + convicted, shall be and is hereby forever prohibited; provided, + always, that any person escaping into the same, from whom service is + lawfully claimed in any State or Territory of the United States, such + fugitive may be lawfully re-claimed and conveyed to the person + claiming his or her services as aforesaid." + +It will be perceived that the above section does not establish slavery +anywhere, but, on the contrary, it prohibited it in all the territory +north of 36° 30' north latitude, while south of that (we can only infer +for there is nothing explicit on the subject) the people were to have +slavery or not as they might decide amongst themselves. But, in order to +the more fully understanding the effect of the Missouri Compromise, it is +necessary to know the amount of territory belonging, at that time, to the +United States, lying south of said above mentioned line. The territory +that now constitutes the State of Arkansas, and a small tract of Indian +territory, which now belongs to four tribes of Indians, to-wit: the +Chickasaws, Seminoles, Cherokees, and Choctaws, all of which territory, +including that of Arkansas, is not much larger than the State of Missouri, +was all the territory that remained of the Louisiana purchase, belonging +to the United States, south of 36° 30' north latitude, at the time of the +passage of said compromise. How different, in effect, from the above is +the Crittenden amendment. Let us see. The following is the said amendment +that is harped about as being a restoration of the Missouri Compromise. +Read and behold the difference: + + "WHEREAS, Serious and alarming dissensions have arisen between the + Northern and Southern States, concerning the rights and security of + the rights of slaveholding States, and especially their rights in the + common territory of the United States; and whereas, it is eminently + desirable and proper that these dissensions, which now threaten the + very existence of this Union, should be permanently quieted and + settled by constitutional provisions, which shall do equal justice to + all sections, and thereby restore to the people that peace and good + will which ought to prevail between all the citizens of the United + States: Therefore, + + "_Resolved by the Senate and House of Representatives of the United + States of America in Congress assembled_, (two-thirds of both houses + concurring,) That the following articles be, and are hereby proposed + and submitted as amendments to the Constitution of the United States, + which shall be valid to all intents and purposes, as part of said + Constitution, when ratified by conventions of three-fourths of the + several States: + + "ART. 1. In all the territory of the United States now held, or + hereafter acquired, situated north of latitude 36 deg. 30 min., + slavery or involuntary servitude, except as a punishment for crime, is + prohibited while such territory shall remain under territorial + government. In all the territory south of said line of latitude, + slavery of the African race is hereby recognized as existing, and + shall not be interfered with by Congress, but shall be protected as + property by all the departments of the territorial government during + its continuance. And when any territory, north or south of said line, + within such boundaries as Congress may prescribe, shall contain the + population requisite for a member of Congress according to the then + federal ratio of representation of the people of the United States, it + shall, if its form of government be republican, be admitted into the + Union, on an equal footing with the original States, with or without + slavery, as the constitution of such new State may provide. + + "ART. 2. Congress shall have no power to abolish slavery in places + under its exclusive jurisdiction, and situate within the limits of + States that permit the holding of slaves. + + "ART. 3. Congress shall have no power to abolish slavery within the + District of Columbia, so long as it exists in the adjoining States of + Virginia and Maryland, or either, nor without the consent of the + inhabitants, nor without just compensation first made to such owners + of slaves as do not consent to such abolishment. Nor shall Congress at + any time prohibit officers of the Federal Government, or members of + Congress, whose duties require them to be in said District, from + bringing with them their slaves, and holding them as such during the + time their duties may require them to remain there, and afterwards + taking them from the District. + + "ART. 4. Congress shall have no power to prohibit or hinder the + transportation of slaves from one State to another, or to a Territory, + in which slaves are permitted to be held, whether that transportation + be by land, navigable rivers, or by sea. + + "ART. 5. That in addition to the provisions of the third paragraph of + the second section of the fourth article of the Constitution of the + United States, Congress shall have power to provide by law, and it + shall be its duty so to provide, that the United States shall pay to + the owner who shall apply for it, the full value of his fugitive slave + in all cases when the Marshal or other officer, whose duty it was to + arrest said fugitive, was prevented from so doing by violence, or + when, after arrest, said fugitive was rescued by force, and the owner + thereby prevented and obstructed in the pursuit of his remedy for the + recovery of his fugitive slave under the said clause of the + Constitution and the laws made in pursuance thereof. And in all such + cases, when the United States shall pay for such fugitive, they shall + have the right, in their own name, to sue the county in which said + violence, intimidation, or rescue was committed, and to recover from + it, with interest and damages, the amount paid by them for said + fugitive slave. And the said county, after it has paid said amount to + the United States, may, for its indemnity, sue and recover from the + wrong doers or rescuers, by whom the owner was prevented from the + recovery of his fugitive slave, in like manner as the owner himself + might have sued and recovered. + + "ART. 6. No future amendment to the Constitution shall affect the five + preceding articles; nor the third paragraph of the second section of + the first article of the Constitution; and no amendment shall be made + to the Constitution which shall authorize or give to Congress any + power to abolish or interfere with slavery in any of the States by + whose law it is, or may be, allowed or permitted. + + "And whereas, also, beside those causes of dissension embraced in the + foregoing amendments proposed to the Constitution of the United + States, there are others which come within the jurisdiction of + Congress, and may be remedied by its legislative power; and whereas it + is the desire of Congress, as far as its power will extend, to remove + all just cause for the popular discontent and agitation which now + disturb the peace of the country, and threaten the stability of its + institutions: Therefore, + + "1. _Resolved by the Senate and House of Representatives of the United + States of America_, in Congress assembled, That the laws now in force, + for the recovery of fugitives, are in strict pursuance of the plain + and mandatory provisions of the constitution, and have been sanctioned + as valid and constitutional by the judgment of the Supreme Court of + the United States: that the slaveholding States are entitled to the + faithful observance and execution of those laws, and that they ought + not to be repealed, or so modified or changed as to impair their + efficiency; and that laws ought to be made for the punishment of those + who attempt, by rescue of the slave or other illegal means, to hinder + or defeat the due execution of said laws. + + "2. That all State laws which conflict with the fugitive slave acts of + congress, or any other constitutional acts of congress, or which in + their operation impede, hinder or delay the free course and due + execution of any of said acts, are null and void by the plain + provisions of the constitution of the United States; yet those State + laws, void as they are, have given color to practices, and led to + consequences, which have obstructed the due administration and + execution of acts of congress and especially the acts for the delivery + of fugitive slaves, and have thereby contributed much to the discord + and commotion now prevailing. Congress, therefore, in the present + perilous juncture, does not deem it improper respectfully and + earnestly to recommend the repeal of those laws to the several States + which have enacted them, or such legislative corrections and + explanations of them as may prevent their being used or perverted to + such mischievous purposes. + + "3. That the act of the 18th of September, 1850, commonly called the + fugitive slave law, ought to be so amended as to make the fee of the + commissioner, mentioned in the 8th section of the act, equal in + amount, in the cases decided by him, whether his decision be in favor + of or against the claimant. And to avoid misconstruction, the last + clause of the 5th section of said act, which authorises the person + holding the warrant for the arrest or detention of a fugitive slave, + to summon to his aid the _posse comitatus_, and which declares it to + be the duty of all good citizens to assist him in its execution, ought + to be amended so as to expressly limit the authority and duty to cases + in which there shall be resistance or danger of resistance or rescue. + + "4. That the laws for the suppression of the African slave trade, and + especially those prohibiting the importation of slaves in the United + States, ought to be made effectual, and ought to be thoroughly + executed, and all further enactments necessary to those ends ought to + be promptly made." + +The above is unblushingly urged upon the people by some portions of the +Democracy as being eminently conservative, and, above all, a middle +ground, upon which all patriots should be willing to stand or fall for the +Union; but as for me I am entirely unable to see that there is any middle +ground about it. What can we understand by this proposition? Is it not +granting all the South have ever asked? When, and wherein, have they asked +more? Could Mr. Yancey himself have made out a stronger document? And +yet, we are told that the South are making great concessions when they +submit to this measure, and cease to commit treason against the +government. In the name of enlightened reason, I ask, could there be a +greater insult offered to the free men of this nation, than to demand of +them the sanction of the above proposed amendment, and thus engraft it +into the Constitution of this government, claiming, as we do, to be the +freest government in the world. + +Upon an examination of Mr. Crittenden's proposition, it will be perceived +that he irrevocably consigns to slavery all the Territory that we now +have, or may hereafter acquire, south of thirty-six degrees and thirty +minutes, north latitude, and north of that line he leaves the matter for +the people to decide when they come to form a State government. By +comparing this measure with the Missouri Compromise, it will be perceived +that Mr. Crittenden proposes to leave the northern territory in the same +condition that the Missouri Compromise left the territory south of said +line. + +But let us view this beautiful document of Mr. Crittenden's a little +further, and see how modestly the people of the free States are asked to +pay for Sambo whenever he gets it into his head to emigrate northward, +provided some one or more of his sable brethren should chance to advise +those whose duty it may be to invite Sambo to return to the "Sunny South," +to make tracks with the heels towards the shanty, and allow Sambo to +remain where the winters are longer. Yes, we are asked by Mr. C. to pay +for Sambo whenever the marshal, whose duty it is to arrest him, is +_intimidated_. This sounds most beautiful. Let the people once agree to +this and we would soon have the privilege of paying for hundreds of +thousands, I might say millions, of the refractory portion of the slave +population, and in order to understand these fully, the consequences of +adopting Mr. Crittenden's amendment, it will be well for us to estimate +the probable number of the slave population in the future, as well as +their inclination to escape. + +It is a well known fact, that if the slave population should increase for +the next eighty years as fast as they have for the past eighty years, they +will amount to between forty and fifty millions of inhabitants. Now let +us imagine that number of slaves, with the natural increase of +intelligence, together with a corresponding decrease of the preponderance +of African blood in their veins, and it will not take a very strong +imaginative individual to perceive that the number of fugitives will +increase at a fearful rate, and to such an extent that it would impoverish +the whole nation to pay for them. By a careful examination of Mr. +Crittenden's amendment it will be perceived that it provides for +recovering the value of the slave, by the United States, of the county in +which said violence, INTIMIDATION, or rescue was committed. + +Now let us suppose that this should become a part and parcel of the +Constitution of the United States, and some one or more of the States +should pass laws nullifying said provision, and at the same time demand a +revision of the Constitution in such a manner as to annul said clause, as +a condition that they would remain in the Union, will our Union-saving +friends be willing to meet the case by granting the demand, or will they +stand up for the enforcement of the laws and the preservation of the +Union? If so, then why not assist in enforcing the laws against South +Carolina or any other State that proposes to nullify the Constitution and +the laws made in pursuance thereof. Partisan prejudice cannot prevent any +person from seeing that if one portion of the people have the right to +make a demand for concessions, then any and all other portions are +entitled to the exercise of the same right, and where such demands have +been complied with in one case, there is no rule whereby they could justly +be denied in another. Is there not great danger that by granting the South +what they are now demanding, especially since the demand is accompanied +with threats of such a grave character, we will establish a precedence +that will sap the very principle upon which our government is based? In +all Democratic governments it is the duty of every individual to submit to +the laws duly enacted by a constitutional majority; and whenever one +portion of the people rebel against said laws they become not only +traitors to their country but to the very principles upon which self +government is founded. In view of this, it is clear to me that to make any +concession, under the existing menacing threats, would be to offer a +bounty to all future conspirutors against the government, and thus +endanger the peace of our country for all time to come. Such being the +case, why talk about compromises and concessions. Let us enforce obedience +to the present government before we talk of compromises. To treat with men +who bid defiance to the supreme law of the land, who are now engaged in +open and active treason against the government, would be humiliating to +every true American citizen, and a disgrace to us as a nation, besides +showing to the world the most _positive_ evidence of our weakness; but on +the other hand let firmness and justice be the order of the day, and +although war may ensue let the consequences rest with those who are trying +to overthrow this great temple of freedom, and we shall outride the +threatend storm and transmit to posterity, unimpaired, this sacred legacy, +bequeathed to us by our forefathers and sealed by their blood. We will +then have shown ourselves worthy of the free institutions we have +inherited, and our children's children will be stimulated by our example +to extra exertions to perpetuate and strengthen the bonds that is to +preserve this nation in all its destined magnificent grandeur. + +In conclusion, let me exhort my fellow-countrymen to stand or fall by our +country. Let us not forget that our fathers, as well as we, loved peace +and abhorred the calamities of war; and although the most of them have +long since "gone to that bourne from which no traveler returns," yet when +they were called to their country's service, they were surrounded by all +the endearing ties which we now enjoy. Many a son received the mother's +last parting blessing, and bid her his last farewell this side of the +grave. Husbands bid their wives an affectionate adieu, to meet no more on +earth; and many a bitter tear has flown from the weeping eyes of the loved +ones in that lonely home, bereft of a father, husband, or brother who has +fallen in the deadly struggle for the liberties we have inherited. And +should we prove recreant to our trust, the immortal spirits of those +noble-hearted, self-sacrificing patriots who fell while struggling with a +powerful tyrant in front, and a deadly savage foe in the rear, to gain the +freedom of this our beloved country, would rise up from their graves and +rebuke us for our low, cringing cowardice. No, my fellow-countrymen, you +will not be found wanting for courage--you will not allow this temple of +freedom to be destroyed--you will stand by the Constitution and the Union, +and prove yourselves worthy of your noble ancestry. + + + + +FOOTNOTES: + +[1] Spirit of Laws, Vol. I, Book IX, Chapter I. + +[2] I mean for the Union. + +[3] Joseph Story, LL. D., although a most bitter political opponent of +Gen. Jackson, in his commentaries on the constitution of the United +States, thus refers to the proclamation: + +"While this sheet was passing through the press, President Jackson's +proclamation of the 10th of December, 1832, concerning the recent +ordinance of South Carolina on the subject of the tariff, appeared. That +document contains a most elaborate view of several questions, which have +been discussed in this and the preceding volume, especially respecting the +supremacy of the laws of the Union; the right of the judiciary to decide +upon the constitutionality of those laws; and the total repugnancy to the +constitution of the modern doctrine of nullification asserted in that +ordinance. As a State paper it is entitled to very high praise for the +clearness, force and eloquence, with which it has defended the rights and +powers of the national government. I gladly copy into these pages some of +its important passages, as among the ablest commentaries ever offered upon +the constitution." + +[4] We are happy to say that within a few days he has dismissed some, and +others, disgusted with their own acts, have withdrawn. + +[5] John Fries was a noted leader in what was called the Whisky Rebellion, +which became so formidable in 1794 that President Washington issued a +proclamation exhorting all persons to desist from any proceedings tending +to prevent the execution of the laws. This did not have the desired +effect, however, and it became necessary for the President to order out a +strong force, numbering some 15,000 men. This argument seemed conclusive +and convincing to the rebels of that day, consequently they returned to +their several avocations, and by this means quiet was restored. But at +that time, as well at the present, there were numerous sympathizers with +the traitors, which created a strong and powerful party against the +administration of General Washington; but he knew his whole duty, and +performed it unhesitatingly, regardless of the denunciations of those who +were ever ready to excuse the turbulent for committing treason. + + + + +AGENTS WANTED TO INTRODUCE THE AMERICAN FAMILY PHYSICIAN, BY JOHN KING, M. +D. PREPARED EXPRESSLY FOR FAMILY USE. + +This valuable work is a large, royal octavo volume of nearly 1,200 pages; +containing nearly twice as much matter on the subject of health and +disease, as can be found in any similar work ever before offered to the +American people. Instead of describing diseases and remedies in the +mysterious and incomprehensible terms of the profession, the author has +used language such as the people understand. No less than _three hundred +and seventy forms of disease_, including diseases of women, diseases of +children, chronic diseases, as well as those of a surgical nature are +accurately described and the most successful methods of treatment made +known. + +Nearly _five hundred simple medicines are described_, together with their +virtues and medicinal uses. And the recipes for some _two hundred and +fifty valuable and successful compounds and preparations_ are given. + +The following are some of the numerous notices and recommendations the +work has received by those who have given it an examination. + + +The following is from the justly celebrated Dr. Burnham, proprietor of the +Chronic Disease Infirmary of this city. + +INDIANAPOLIS, IND., JAN. 14TH, 1861 + +A. D. STREIGHT, ESQ.: _Dear Sir_--Having carefully examined a work of your +publication entitled, "New American Family Physician," by John King, M. +D., I find in point of style that it is concise, couched in plain +language, and free from technicalities. Voluminous in variety of topics +discussed, it comprises an amount of practical matter pertaining to the +preservation of health, the history and treatment of disease unequaled in +adaptation for popular use. A more general diffusion of knowledge upon the +topics therein discussed, will serve as one of the greatest protections +against the intrusions of ignorant pretenders who propose to tamper with +human health and life. And I trust will be cordially hailed by every +intelligent physician appreciating the fact that the stupid credulity of +ignorance is much more forminable to encounter than the wisdom of an +enlightened intelligence. In fine, the volume is worthy of the well earned +reputation of its author, and I cheerfully commend it as highly deserving +a promient place in the library of every family. + + Truly yours, + N. G. BURNHAM, M. D. + + +[_From Dr. G. M. Thompson, Agent for Kansas_] + +Tell Dr. King that I have had the pleasure of selling a copy of his +"Physician" to Ex-Governor C. Robinson, Ex-Governor F. P. Stanton, +Ex-Governor Wilson Shannon, and all the principal men in the Territory, as +far as I have been able to canvass. + + +JANESVILLE, WIS., OCT. 23D, 1860. + +_Dear Sir_--I have examined the medical work of John King, M. D., entitled +the "American Family Physician," &c. I am highly pleased with it. In fact +it supplies a long needed want, in the field of domestic medicine. It is +written in a plain, easy style and readily comprehended by the +non-professional reader, to which it will be a valuable aid in the +treatment of the diseases incident to their own families. In truth, any +one with a family will save double the cost of the book yearly, besides +much useless and pernicious drugging. The remedies recommended are +principally selected from the vegetable kingdom, many of which may be +found at home. From my examination of this work and my acquaintance with +the author, I can sincerely recommend it to both the professional and +unprofessional reader, as a highly useful book and one that should be +found in the library of every person. + + R. B. TREAT, M. D. + (Dr. Treat is mayor of the City of Janesville.) + + +[_From Prof. A. J. Howe. M. D._] + +I am acquainted with all the works on Domestic Medicine of any account, +and unhesitatingly pronounce "King's American Family Physician" _the +best_. + + A. JACKSON HOWE, M. D., + Cincinnati, O., 1860. Professor of Surgery. + + +[_From the Indianapolis Journal._] + +* * * As to its origin, it comes from one who certainly stands at the head +of the medical profession in the West, John King, M. D., and Professor of +Medicine, Cincinnati, is a man of more than twenty years' experience in +the healing art, and stands pre-eminent as an educator in the same. The +book deserves much credit for its simplicity of style. It is not written +for the purpose of scientific display, _but for the good of the people_. +It goes further toward redeeming those practical facts contained in +medical science from the dead masses of technical lumber, by which they +have heretofore been secluded from the comprehension of those who have the +best right to understand them, than any work extant which it has been our +privilege to review. Any man of common sense may * * * fully understand +it; and by still further application of his mother wit, may successfully +treat almost all forms of disease peculiar to this country, and thereby +_save much of his hard earnings_. * * * We commend it to the people +generally. + + +JANESVILLE, WIS., OCT. 20, 1860. + +I have examined with care the "New American Family Physician," by John +King, M. D., and I am free to say that it contains a great amount of +medical information which ought to be put into the hands of every family +in the land. Its household suggestions are invaluable. Its circulation +will do much in the physical education of the people. + + REV. H. C. TILTON. + Presiding Elder of Janesville District Conference. + + +This work is sold only through Agents duly appointed by the publisher, or +his General Agent. + +ADDRESS, A. D. STREIGHT, Publisher, Indianapolis, Ind. + +N. B. A General Agent wanted. One who is competent to take charge of a +portion of territory and employ canvassers. + + + + +THE CRISIS OF Eighteen Hundred and Sixty-One, IN THE GOVERNMENT OF THE +UNITED STATES, ITS CAUSE, AND HOW IT SHOULD BE MET. + +BY A. D. STREIGHT. + +The intention of the author in bringing this work before the people at +this time, is to promote unity of action in sustaining our country from +the dangers that seem threatening to not only destroy our government, but +the very principles upon which our liberties are based. And, for the +purpose of giving it a wide spread circulation, we have put the wholesale +price within a fraction of the cost of manufacturing. + +PRICES.--25 cents per single copy; $2.25 per dozen copies; $7.50 for fifty +copies, and $12.50 per hundred. + +Orders from the friends of the Union, and the trade generally, are +solicited, and will receive prompt attention. Address + + A. D. STREIGHT, + Indianapolis, Ind. + + + + + + +End of the Project Gutenberg EBook of The Crisis of Eighteen Hundred and +Sixty-One In The Government of The United States., by A. D. Steight + +*** END OF THIS PROJECT GUTENBERG EBOOK CRISIS OF 1861 *** + +***** This file should be named 38554-8.txt or 38554-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/8/5/5/38554/ + +Produced by David Edwards and the Online Distributed +Proofreading Team at https://www.pgdp.net. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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D. Streight—A Project Gutenberg eBook + </title> + + <style type="text/css"> + + p {margin-top: .75em; text-align: justify; margin-bottom: .75em;} + + body {margin-left: 12%; margin-right: 12%;} + + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right; font-style: normal;} + + h1,h2,h3,h4,h5,h6 {text-align: center; clear: both;} + + hr {width: 33%; margin-top: 2em; margin-bottom: 2em; margin-left: auto; margin-right: auto; clear: both;} + + table {margin-left: auto; margin-right: auto;} + + .giant {font-size: 200%} + .huge {font-size: 150%} + .large {font-size: 125%} + + .blockquot {margin-left: 5%; margin-right: 10%;} + .poem {margin-left: 15%;} + + .right {text-align: right;} + .center {text-align: center;} + + .smcap {font-variant: small-caps;} + .smcaplc {text-transform: lowercase; font-variant: small-caps;} + + a:link {color:#0000ff; text-decoration:none} + a:visited {color:#6633cc; text-decoration:none} + + .verts {margin-left: 20%; margin-right: 20%;} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Crisis of Eighteen Hundred and +Sixty-One In The Government of The United States., by A. D. Steight + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Crisis of Eighteen Hundred and Sixty-One In The Government of The United States. + Its Cause, and How it Should be Met + +Author: A. D. Steight + +Release Date: January 11, 2012 [EBook #38554] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK CRISIS OF 1861 *** + + + + +Produced by David Edwards and the Online Distributed +Proofreading Team at https://www.pgdp.net. + + + + + + +</pre> + + + + +<p class="center"><span class="large">THE CRISIS</span></p> +<p class="center"><small>OF</small></p> +<p class="center"><span class="huge">EIGHTEEN HUNDRED AND SIXTY-ONE</span></p> +<p class="center"><small>IN THE GOVERNMENT OF THE</small></p> +<p class="center"><span class="giant">UNITED STATES.</span></p> +<p class="center">ITS CAUSE,</p> +<p class="center">AND HOW IT SHOULD BE MET.</p> + +<p> </p> +<p class="center">CONTAINING THE CELEBRATED PROCLAMATION OF ANDREW<br /> +JACKSON TO THE SOUTH CAROLINA NULLIFIERS; WEBSTER’S<br /> +ANSWER TO HAYNE ON THE SUBJECT OF<br /> +NULLIFICATION, AND SEVERAL EXTRACTS<br /> +FROM LETTERS WRITTEN BY JOHN JAY,<br /> +JAMES MADISON, AND ALEXANDER<br /> +HAMILTON, PENDING THE ADOPTION<br /> +OF THE CONSTITUTION.</p> + +<p> </p> +<p class="center"><span class="large">BY A. D. STREIGHT.</span></p> + +<p> </p> +<p class="center">INDIANAPOLIS, IND.:<br /> +PUBLISHED BY THE AUTHOR.<br /> +1861.</p> + + + +<p> </p><p> </p> +<p><span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span></p> +<p class="center">Entered according to the Act of Congress, in the year eighteen hundred<br /> +and sixty-one,<br /> +BY A. D. STREIGHT,<br /> +In the Clerk’s office of the District Court of the United States for the<br /> +District of Indiana.</p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span></p> +<h2>CONTENTS.</h2> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> +<tr><td>Crisis—its Cause</td><td align="right"><a href="#Page_7">7</a></td></tr> +<tr><td>Crisis—How to Meet it</td><td align="right"><a href="#Page_17">17</a></td></tr> +<tr><td>Constitution</td><td align="right"><a href="#Page_17">17</a></td></tr> +<tr><td>Crittenden’s Amendment</td><td align="right"><a href="#Page_94">94</a></td></tr> +<tr><td>Jackson’s Proclamation</td><td align="right"><a href="#Page_41">41</a></td></tr> +<tr><td>Jackson’s Administration compared with Buchanan’s</td><td align="right"><a href="#Page_68">68</a></td></tr> +<tr><td>Missouri Compromise</td><td align="right"><a href="#Page_93">93</a></td></tr> +<tr><td>Missouri Compromise compared with Crittenden’s Amendment </td><td align="right"><a href="#Page_92">92</a></td></tr> +<tr><td>Oath of President</td><td align="right"><a href="#Page_22">22</a></td></tr> +<tr><td>People—shall they rule</td><td align="right"><a href="#Page_84">84</a></td></tr> +<tr><td>People—duty of</td><td align="right"><a href="#Page_85">85</a></td></tr> +<tr><td>Treason—what constitutes</td><td align="right"><a href="#Page_23">23</a></td></tr> +<tr><td>Treason—who are guilty of</td><td align="right"><a href="#Page_23">23</a></td></tr> +<tr><td>Union—how to preserve the</td><td align="right"><a href="#Page_81">81</a></td></tr> +<tr><td>Union—the effects of war to sustain the</td><td align="right"><a href="#Page_83">83</a></td></tr> +<tr><td>Union—why founded—Madison and others’ opinions</td><td align="right"><a href="#Page_36">36</a></td></tr> +<tr><td>Union—utility of</td><td align="right"><a href="#Page_24">24</a></td></tr> +<tr><td>Webster’s answer to Hayne</td><td align="right"><a href="#Page_68">68</a></td></tr></table> + + + +<p> </p><p> </p> +<p><span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span></p> +<p class="center">TO THE FLAG OF OUR UNION,<br /> +TO THE MEMORY OF THE IMMORTAL HEROES,<br /> +WHO ESTABLISHED IT,<br /> +AND TO THE TRUE HEARTED PATRIOTS,<br /> +WHO WILL MAINTAIN IT,<br /> +THIS VOLUME IS MOST RESPECTFULLY DEDICATED,<br /> +BY THE AUTHOR.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span></p> +<h2>PREFACE.</h2> + +<p>In presenting this volume to the people, we shall offer no apology. It has +been our constant effort to condense into as small a compass as possible +our views relative to the cause of our nation’s calamity, and the proper +course to be pursued to restore the supremacy of the laws, the integrity +of the constitution, and to preserve the Union. We have aimed at nothing +but the good of our distracted country. That some will differ with us +relative to our proposed plan of managing our national affairs in this +hour of peril, is no more than we expect. We are aware that there are +true-hearted and well-meaning men who are of the opinion that we had +better compromise with the traitors to our country than to use forcible +means to compel obedience to the laws. But we think they are seriously +mistaken; that such a measure will but produce a temporary calm that will +be succeeded by a storm of increased violence. We have labored in the +first place to show that our present troubles are owing to a mistaken +policy on the part of our government in adopting temporary pacification +measures, instead of maintaining the supremacy of the laws. We have also +endeavored to show from letters written by some of the founders of our +government, that this is a government of the people collectly, and not a +government of the States. We have further endeavored to show that the +wisest of our statesmen were in favor of enforcing the laws regardless of +the feelings of those who rebelled against them; and finally, we trust, +that we have shown that a Republican government cannot be maintained +unless the<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> people of every section of the country are compelled to submit +to the constitutional acts of the majority. We wish our Southern brethren +no harm, but they <i>must</i> learn that this is a government composed of +freemen who will submit to their dictation no longer; and the sooner they +are apprized of this fact the better it will be for all parties concerned. +The necessity for a work of this kind has caused us to lay aside most +pressing business matters which needed our attention; but in these +perilous times we feel it our duty to do all we can to unite the people +upon this momentous crisis in our national affairs. The hurried manner in +which this work has been prepared, will account for the imperfections.</p> + +<p><span style="margin-left: 2em;">A. D. STREIGHT.</span></p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span></p> +<h2>THE CRISIS.<br />WHAT PRODUCED IT.</h2> + + +<p>When we behold a blooming youth, just entering upon the sphere of manhood, +the fondest hopes of his honored parents, the admiration of all who know +him, the brightest genious of his age, begin to wither and decay, our +sinking spirits are aroused to make deep, anxious, earnest enquiry as to +the nature and cause of the disease that threatens to drag him to an +untimely grave, and bring misery, sorrow and pain to his unhappy parents, +friends and admirers, and if there is to be found a remedy within the +knowledge of man that will remove the malady, we are wont to apply it with +the utmost promptitude, and await its effects with fearful apprehensions +and the deepest suspense. No time is lost or exertion spared by the +friends of the afflicted, but with a united effort they rally, each +anxious to contribute the utmost of his ability to rescue the unfortunate +sufferer from the dangers that threaten to rob them of one to whom they +feel bound by every endearing tie that binds mankind to earth. Now, while +a case like this should justly excite our sympathies and awaken every +principle of humanity dwelling in the heart, yet how unimportant and +insignificant is such a case, when compared with the decaying symptoms of +a great, free, powerful and prosperous nation of over thirty millions of +inhabitants, whose institutions have been the hope and pride of the +friends of liberty, whose prosperity is the marvel of the world, whose +commerce extends to the most remote portions of the earth, whose territory +covers twenty-three degrees of latitude and sixty degrees of longitude, +whose soil is <span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span>unsurpassed for the variety and richness of its +productions, whose government has been the shield and asylum for the +oppressed of all nations, and whose prosperity and power has been the +object of jealousy and dread of the tyrants of every division of the +globe. Yes, America has been, since the beginning of the nineteenth +century, the stumbling block of tyrany, the good samaritan to the poor and +unfortunate of the civilized portions of the earth, her unexampled +progress the astonishment and admiration of every lover of liberty and +friend of humanity, the framers of her institutions are honored as the +noblest statesmen of any age, for their patriotism, purity and wisdom. And +yet, strange as it may seem, this model government, this land of the free +and home of the brave, presenting an aggregate of individual and national +wealth, happiness and prosperity unequalled by the same numbers on the +face of the earth, although in the first century of its gigantic infancy, +it is now trembling with all the convulsive symptoms of revolution and +civil commotion, which threatens to undermine the very basis of our +institutions and our liberties. Nay, the threatening storm is now +producing a tumultuous sensation that is rocking the temple of liberty +from top to bottom, and from center to circumference.</p> + +<p>Such being the sad picture of the true condition of our country, we will +proceed to make earnest enquiry as to the cause of the existing evils and +from whence they come; for it is a well known principle in politics, as +well as every other science, that in order to apply the rightful remedy +for an existing evil, it is of the utmost importance that the nature and +source of the evil should be carefully studied, and thoroughly understood +by those having the case in charge.</p> + +<p>Although the threatening aspect of our national affairs have called forth +the opinions of some of our most able statesmen, relative to the causes of +our present troubles, yet, with due deference to their talents, sagacity +and wisdom, we feel constrained to say, that, in our opinion, they have +entirely overlooked, or omitted to mention, one of the chief causes that +have rendered the people of the Southern States so turbulant, defiant, +and, at last, nearly ungovernable.</p> + +<p>We will now proceed to give a brief statement of what we<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span> believe to be +the source from whence most, if not all, our present difficulties can be +traced, and by so doing we trust the means for restoring peace to the +country will be more easily and unanimously decided upon.</p> + +<p>In searching the political history of our country, it appears that in 1819 +and ’20, Congress objected to the further extension of slavery; (which, of +course, it had a perfect right to do,) consequently Missouri was rejected +when she applied for admission, because of her constitution recognizing +that institution. At this the South became very indignant, and her +statesmen predicted a speeded dissolution of the Union, unless Missouri +was admitted. The result was a compromise in which the South obtained all +she demanded, and then we learn nothing of her revolting spirit until the +celebrated tariff difficulty came up, which called out General Jackson’s +proclamation, in 1832; and although that old hero stood his ground firmly +and did his whole duty nobly, yet there were those who were fearful that +South Carolina would injure herself, like the spoiled boy, who throws +himself on the floor, and in the midst of his rage, proceeds to bruise his +head against articles of a more substantial character, consequently there +was a compromise effected to appease her wrath. Again, when we were about +appropriating money to pay Mexico for territory obtained from her, David +Wilmot offered a proviso, that inasmuch as slavery did not exist in that +territory at the time it came into our possession, it should not exist +there thereafter. A very wise proviso, and a vast majority of the people +of the country were in favor of it, but then it did not suit the South, +consequently, her statesmen predicted an immediate dissolution of the +Union, if Mr. Wilmot’s proviso should become a law, and, of course, most +of us loved the Union, hence we threw Mr. Wilmot’s proviso overboard. But +shortly after that, California made application to come into the Union as +a free State. This was very obnoxious to our Southern brethren, +consequently, they would dissolve the Union, unless there was some +concessions made. Every body was at a loss to know what the nature of the +concession could be, for the government had already signed several blanks +for the South to fill out to their own<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> liking, and it was supposed, that +in their wisdom, they had secured, at least, what belonged to them; but +then the country was declared to be in imminent danger of a speedy +dissolution, unless there could be a compromise effected with the South. +All hands were set at work to ascertain whether there was anything which +the government had not already granted them, and after diligent search it +was found that there was occasionally a fugitive slave escaping from +southern bondage, and as the people in some pertions of the country were +not much inclined to extend any great amount of sympathy to those who were +wont to pursue said fugitives, the South finally concluded to make this +proposition: That in case the government would compel every northern man +to aid in catching and returning the fugitive slaves at his own cost and +expense, then they, the South, would allow California to be admitted as a +free State, and suffer the Union to remain undivided. Most of us remember +well when this ultimatum was presented to us. We generally disliked the +idea of being called blood hounds and negro catchers, by the civilized +nations of the earth, saying nothing about the expense or our feelings +attending this unpleasant operation, but then we loved our country, and +could not think of its destruction without feelings of sadness, and when +the fire-eating gentry would show their teeth, brandish their bowie knives +and draw their revolvers, expressing their readiness, willingness, and +final determination to shoot down, cut and carve, and smash things +generally, provided we did not consent to catch Sambo; life being sweet to +us, and peace being desirable, we finally concluded to save our country, +even if we were compelled to chase Sambo to do it. And here again we +compromised upon the basis of what was called the Fugitive Slave Law of +1850. We do not claim any great show of bravery or firmness in this case, +but then if self degradation and humiliation to save our country is a mark +of patriotism, we would be sorry to hear of a more patriotic people than +we of the north proved ourselves to be in this transaction.</p> + +<p>Peace being again declared to exist, things seemed to move quietly along +until the winters of 1853-’54, when, to everybody’s surprise, (I mean in +the North,) one Stephen A. <span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span>Douglas, desiring to become President of the +United States, set himself at work to find out whether there was not +something more which the South might have granted her to enhance her +interests. Stephen, being a man of great industry and perseverance, +searched carefully and thoroughly, and at last he found a restriction on +the extension of the institution of slavery north of thirty-six degrees +and thirty minutes north latitude. With great earnestness, and a show of +fairness, he entered into the task of removing this restriction. He was +soon made acquainted with the fact that this restriction was but a part of +a solemn compact, and that the party for whose benefit the restriction was +established, had paid for it a large price, and a disinheritance at this +time would be gross injustice toward the party aggrieved.</p> + +<p>Even some of the Southern Senators labored hard to dissuade Stephen from +his purpose, on this account, but then Stephen was desirous of becoming +President, and not being excessively burthened with a high sense of +justice, he was inexorable in his undertaking, and pressed it with vigor +and energy. Southern statesmen espoused the cause with their usual +unanimity, and again declared that unless the restriction was removed this +Union would be dissolved. All will remember how reluctant the people of +the free States were to grant this demand; but, as in former times, we +loved our country, and when its very existence was threatened we were +desirous of avoiding the great calamity; hence, the restriction was +removed, and the famous Kansas and Nebraska Act became a law.</p> + +<p>Although the South had thus far been successful in obtaining whatever they +demanded, nevertheless, the defiant course they had pursued, the +increasing frequency, and the nature of the demands, together with their +refusal to be governed by a compromise, even after dictating the terms of +it themselves, began to open the eyes of some of our Northern +statesmen—hence, the Republican party sprang into existence in 1854 with +the avowed intention of resisting through the ballot-box each and every +encroachment from our Southern brethren thereafter. This was declared by +the South to be very dangerous to the Union, and in 1856, when the +<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span>Republicans run a candidate in the person of John C. Fremont for the +Presidency, the South declared that to be a great insult to her dignity, +and a just cause for a dissolution of the Union. She blustered and +threatened to such an extent that they succeeded in frightening the people +of some of the free States into the support of James Buchanan, which, +together with her united vote, she succeeded in carrying the election, and +Mr. Buchanan became President. It soon became evident that the South were +not any way inclined to abandon their aggressive policy. The attempt to +subjugate the people of Kansas by forcing slavery upon them, against the +well known wish of three-fourths of the inhabitants, was sufficient to +wake up still another class of the people of the free States, which caused +large accessions to the Republican party, and a complete division of the +Democratic party. Finally, the Democrats met at Charleston on the 23d day +of April, 1860, to nominate candidates for President and Vice-President. +Protection for slave property in the territories was demanded by the +South—it was rejected—the convention split and adjourned. The South +nominated a separate candidate upon the slave protection platform, and +again resorted to her old tune of declaring the Union in danger; but the +people had become disgusted with this kind of electioneering, and most +emphatically refused to be bullied into the support of that dogma; +consequently they cast their votes for Abraham Lincoln, and elected him, +which is now declared by the South to be sufficient cause for dissolving +the Union. But some of the more moderate of the Southerners are willing to +suffer a portion of the Union to remain undivided, provided the North will +consent to amend the Constitution so as to legalize slavery as a national +institution. This is a very moderate request indeed; but, fellow +countrymen, <i>are you ready to grant it</i>?</p> + +<p>We have thus sketched a brief history of what we believe to be the true +cause of the present crisis. And why is it the cause? The answer is plain +to everyone—the South have been in the habit of controlling the policy of +the government, by argument, if they could, but by threats of violence if +they failed with the first. They have been successful in so many<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> schemes +of this kind, that they began to look upon that condition of things as +co-existent with our government. Now we shall not contend that our +Southern brethren are any more turbulent and ungovernable than the same +number of Northern men would be, if they had been similarly dealt with. +Had the government of the United States, instead of compromising with the +South when threats were made, pursued a straightforward course regardless +of the threats, or those who made them, and in case there had been +forcible resistance to the laws, called out sufficient force to suppress +the rebellion, then the people of the South would have learned one +important lesson in earlier times.</p> + +<p>This would have saved both them and the government much trouble and +expense, but since they have not learned this lesson before, they should +learn it now; and though they may be somewhat like an overgrown, +high-spirited colt, that has never been harnessed, yet, with patience, +kindness and <i>firmness</i>, we trust they will still learn the lesson without +very seriously injuring either themselves or others. Should this not be +the case, if they are determined to resist all legal restraint, can there +be any advantage in further delaying the use of force? Can any one pretend +that further concession would help the case permanently? There is no use +of dodging the question. All must admit that the great cause of our +present troubles is owing to an unwillingness of the South to submit to +any terms except such as they may dictate. And some of them have even gone +so far as to say that even though they are allowed this privilege, they +would not abandon their treasonable designs. Verily we believe that Uncle +Sam has spoiled some of his boys by over indulgence. We will endeavor to +show this to be the case, by showing that, where resistance to the laws +has been met by force, instead of concession, the people are more +law-abiding citizens, at least we hear of no threats from that source of +overthrowing the government, unless certain measures are adopted. It is a +noticeable fact that, during our national existence, there has never been +any concession, on the part of the government of the United States, +granted to any portion of the north, where there has been resistance to +the laws; but the<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span> strong arm of the government has been used to put down +such resistance whenever it became necessary. The great rebellion of 1785, +called Shay’s Rebellion, was met with force, and the leaders punished. The +great Whisky Rebellion, as it is called, was suppressed with an armed +force 15,000 strong in 1794. General Washington was then president, +showing that he recognised the principle of suppressing insurrection by +force, if necessary to do so, in order to maintain the supremacy of the +law. Again, we find the United States using force to carry out the +fugitive slave law in the Burns case, and, in fact, several others. The +Kansas troubles were met with force, not compromise. All these cases have +occurred in the north, and have been promptly met by the government, which +has had a tendency to teach the people of that section of the country +that, to resist the laws, is sure to incur the legal penalty. Remonstrance +has been of no avail—the laws were pointed to as the guide. This was the +case particularly in the Kansas troubles, when the laws of the notorious +bogus legislature were being forced upon the people by the government +bayonets. Mr. Buchanan was then implored to desist, and allow the people +to re-construct the laws of the territory. They were told that, although +the laws were oppressive, yet so long as they remained on the statute +books of the territory, they were the laws of that country, and must be +enforced. This has uniformly been the course of the government toward the +people of the north. We do not complain of this, but simply refer to it to +show that, while the people of the north have been taught to obey the +laws, or suffer the penalty of their violation, the people of the south +have been allowed to control the policy of the government by threats and +violence, and as might have been expected, they have at last become +entirely insufferable. They will no longer be satisfied with anything in +reason or out of reason. They will neither be peaceable, nor allow others +to live in peace. Their demands have become more frequent and of a more +startling character—and why is this? It is because they have never been +made sensible of the fact that the government of the United States is +capable of enforcing its laws in that portion of the country as well as in +any other.</p> + +<p><span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span>How absurd it is, then, at this time, for us to offer them another +compromise—it would be like adding new fuel to the fire, it might +suppress the flame momentarily, but when it bursts forth again it would be +with increased vigor and violence. We should not compromise in the least +if we desire permanent peace, but administer the laws with firmness and +justice; and although it may take the force of arms to do so, yet a +rivulet of blood, spilt at this time, will prevent rivers of it in the +future. Let us not entail the evil effects of failing to perform our duty +upon our children, but sternly perform our whole duty, and transmit to the +next generation the good old ship of State in a sound and navigable +condition; and if there be mutineers who persist in her destruction let us +warn them manfully of the dangers they are incurring upon themselves, and +as a last resort, rather than give up the ship, let us arrest their +progress by force.</p> + +<p>Although we have given at length what we believe to be the great primary +cause of our present crisis, yet there are other more immediate causes, +among which is the course that the Northern press have pursued since this +secession movement has assumed a more positive form. Many of the leading +papers have advocated the policy of allowing such States to secede as +choose to do so. And others have been loud with their demands for +concession and compromise upon any basis that would satisfy the traitors +and restore peace. While still another class have battled manfully for the +supremacy of the laws. This division of what is taken for the public +sentiment, has been a source of consolation and encouragement to the +traitors, while the government of the United States has stood silent with +folded arms and allowed itself to be robbed of millions of dollars worth +of property without raising a hand or uttering a solitary protest against +the theft. What more encouragement could those who have been engaged in +this treasonable scheme have asked for or desired? They have been told by +a portion of the Democratic press that they were perfectly justifiable in +dissolving the Union; and by a portion of the Republican press, that +although they were by no means justifiable in committing such an +outrageous act, yet, if they were really in earnest, and were determined<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> +to do so or fight, then they could go ahead, for there would be no +fighting to maintain a Union with such unruly neighbors. Such seems to +have been the reckless and ill-timed course on the part of the press at +this present juncture, that it has encouraged the traitors by, +representing the friends of the Union as divided into fragments, thus +removing all opposition to their reckless course. Had the press of the +North presented an unbroken front in favor of the Union, and a +determination to stand by it regardless of threats or even of violence, we +have every reason to believe that the South would have hesitated and +considered the nature of the calamity they were bringing upon themselves +and their country. That the spirit of compromise heretofore exercised on +the part of our government toward those who have threatened violence, is +the great source of our political troubles, can hardly admit of a +doubt—why should we pursue the policy still further that has brought us +to the very verge of ruin? Since it is our wavering, compromising, and +undecided course that has brought our country to ruin, let us proceed to +adopt a more firm and decided course. Give the South all that is their +right, and boldly refuse to submit to any dictation beyond our +constitutional duty. This is not the time to amend constitutions nor to +change public opinion, but let every man rally to the support of his +country, and when peace is restored and traitors have laid down their arms +and signified a willingness to submit to the laws, we will have more +leisure to investigate the nature of the proposed constitutional +amendments.</p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span></p> +<h2>THE CRISIS,<br />AND HOW TO MEET IT.</h2> + +<p>In the government of nations there are, sometimes, crises of the most +momentous importance. They either promote stability or terminate in ruin. +The result depends upon the virtue and patriotism of the mass of the +people, and the wisdom, prudence and unflinching firmness of their rulers +and statesmen.</p> + +<p>The United States of America are in the midst of just such a crisis at +present, and nothing is more important than correct views with regard to +that crisis on the part of the people. To aid in the dissemination of such +views, in order to produce unity of action among all classes of the people +is the object of this publication, in which we shall ignore mere +partisanship and take large and patriotic and comprehensive views of the +genius and principles of our government.</p> + +<p>One of the gravest questions for the consideration of the people of this +nation, and for their enlightened solution, has just arisen, that has ever +been presented for an answer since the formation of our republican +government. It is this: Has any State in the Union a right, under the +present Constitution, peaceably to withdraw itself from that Union, for +the purpose of setting up a separate, distinct, and, necessarily, +conflicting nationality?</p> + +<p>Very important is it that this question should be correctly answered in +the present juncture, and that the people should<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> be fully prepared to act +understandingly. Vast and immeasurable results depend upon it.</p> + +<p>If this vital question could be answered in the affirmative, as some seem +to think, then would the federal compact, by which these States are held +together, be a mere rope of sand, without strength or tenacity, subject to +be ruptured by the slightest discord. Such a solution of the question, if +acted upon <i>practically</i>, would carry us back to the old confederation, by +the articles of which these States were connected in their associated +capacity previous to the adoption of the present constitution. And what +was that confederation? Merely a league of States, in which each +individual member of that league was at liberty to act in her sovereign +capacity, without any binding restrictions. Each individual member of that +confederation could levy taxes, raise revenue, make alliances, declare +war, make peace, and do whatever else she chose without consultation with +the rest of the members, and without being held amenable for her action, +except just so far as the general law of nations held her amenable. From +that confederation she could at any time withdraw or secede, without being +rebellious or traitorous to the other members.</p> + +<p>Experience proved to the satisfaction of the wise, patriotic and far +seeing fathers of the republic, that such a confederation was entirely +ineffectual for the accomplishment of the great purposes for which it was +formed. It possessed not the concentrated power of binding and +irrepealable unity to protect the common flag of a common Union. It could +not, therefore, command the respect and the honor of other nations, nor +promote its own stability and permanence.</p> + +<p>Is the present Union similar to that? Can a South Carolina, or a +Massachusetts, or any other disaffected State withdraw or secede at will, +as she could from the Old Confederation, and set up, if she choose, an +independent nationality? No such thing. The present compact and +constitution grew out of the absolute necessities consequent upon the +inefficiency of the old confederation. They were established solely to +prevent or obviate that inefficiency, and provide a common flag and a +common government capable of commanding respect. An examination of the +present Constitution will<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> show that fact. We will, therefore, present +those provisions of that instrument which have a direct bearing upon the +decision of this question, and then show by the record how the fathers of +that Constitution understood its powers, and how that understanding has +been confirmed by all the precedents in the history of the government to +the present time.</p> + +<p>The very preamble of the Constitution itself shows that it was formed for +the purpose of establishing a government stronger and more efficient than +the old confederation. It is in these words:</p> + +<div class="blockquot"><p>“We, the people of the United States, in order to form a more perfect +union, establish justice, ensure domestic tranquility, provide for the +common defence, promote the general welfare, and secure the blessings +of liberty to ourselves and our posterity, do ordain and establish +this Constitution for the United States of America.”</p></div> + +<p>Among other things, this preamble declares that the present constitution +was “ordained and established” “in order to form <i>a union more perfect</i>” +than existed under the provisions of the old confederation—a union that +could not be dissolved at the pleasure or choice of any State or any +number of States without the consent of three-fourths of the sovereign +people. It conceded to a general government certain powers and rights, +which were, of course, subtracted from the powers and rights of the +separate State sovereignties, and these powers and rights were vested +solely in the hands of a President, “a Congress of the United States,” and +a Supreme Court created and elected according to the provisions of that +constitution. And now, to understand this matter, what were those +particular powers and rights which were thus abstracted from the separate +State sovereignties and vested in a general government? They are very +emphatically, clearly and forcibly declared in article I, section 8, of +the constitution of the United States. They are thus expressed:</p> + +<div class="blockquot"><p>“The Congress shall have power—</p> + +<p>“1. To lay and collect taxes, duties, imposts, excises; to pay the +debts, and provide for the common defence and <span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span>general welfare of the +United States; but all duties, imposts, and excises shall be uniform +throughout the United States;</p> + +<p>“2. To borrow money on the credit of the United States;</p> + +<p>“3. To regulate commerce with foreign nations, and among the several +States, and with the Indian tribes;</p> + +<p>“4. To establish an uniform rule of naturalization, and uniform laws +on the subject of bankruptcies throughout the United States;</p> + +<p>“5. To coin money, regulate the value thereof, and of foreign coin, +and fix the standard of weights and measures;</p> + +<p>“6. To provide for the punishment of counterfeiting the securities and +current coin of the United States;</p> + +<p>“7. To establish post offices and post roads;</p> + +<p>“8. To promote the progress of science and useful arts, by securing +for limited times, to authors and inventors, the exclusive right to +their respective writings and discoveries;</p> + +<p>“9. To constitute tribunals inferior to the Supreme Court; to define +and punish piracies and felonies committed on the high seas, and +offences against the law of nations;</p> + +<p>“10. To declare war, grant letters of marque and reprisal, and make +rules concerning captures on land and water;</p> + +<p>“11. To raise and support armies; but no appropriations of money to +that use, shall be for a longer term than two years;</p> + +<p>“12. To provide and maintain a navy;</p> + +<p>“13. To make rules for the government and regulation of the land and +naval forces;</p> + +<p>“14. To provide for calling forth the militia to execute the laws of +the Union, suppress insurrections, and repel invasions;</p> + +<p>“15. To provide for organizing, arming and disciplining the militia, +and for governing such part of them as may be employed in the service +of the United States, reserving to the States, respectively, the +appointment of the officers and the authority of training the militia, +according to the discipline prescribed by Congress;</p> + +<p>“16. To exercise exclusive legislation in all cases whatsoever, over +such district (not exceeding ten miles square) as may, by cession of +particular States, and the acceptance<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> of Congress, become the seat of +government of the United States, and to exercise like authority over +all places purchased by the consent of the legislature of the State in +which the same shall be, for the erection of forts, magazines, +arsenals, dock yards and other needful buildings:—And</p> + +<p>“17. To make all laws which shall be necessary and proper for carrying +into execution the foregoing powers, and all other powers vested by +this constitution in the government of the United States, or in any +department or officer thereof.”</p></div> + +<p>The powers enumerated in this section are very definite, and nothing we +could say would make that fact appear more apparent. Now if these powers +are conferred upon the general government by the common consent of all the +States of the Union, or more especially by all the people of all the +States, can any one State exercise any of those reserved powers? Most +certainly not. But the framers of the constitution did not leave this to +be inferred. They settled the question definitely in section ten. Here it +is:</p> + +<div class="blockquot"><p>“1. No State shall enter into any treaty, alliance, or confederation; +grant letters of marque and reprisal; coin money; emit bills of +credit; make anything but gold and silver coin a tender in payment of +debts; pass any bill of attainder, ex post facto law, or law impairing +the obligation of contracts; or grant any title of nobility.</p> + +<p>“2. No State shall, without the consent of the Congress, lay any +imposts or duties on imports or exports, except what maybe absolutely +necessary for executing its inspection laws; and the nett produce of +all duties and imposts, laid by any State on imports or exports, shall +be for the use of the treasury of the United States, and all such laws +shall be subject to the revision and control of the Congress. No State +shall, without the consent of Congress, lay any duty of tunnage, keep +troops or ships of war in time of peace, enter into any agreement or +compact with another State, or with a foreign power, or engage in war, +unless actually invaded, or in such imminent danger as will not admit +of delay.”</p></div> + +<p><span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span>This section plainly and positively <i>prohibits</i> the States from doing +certain things <i>without the consent</i> of Congress. They can neither +contract alliances, collect revenue, coin money, nor engage in war in +their capacity of States.</p> + +<p>To guard the powers of the general government from encroachment on the +part of the States, and to preserve them intact and unimpaired, the +President of the United States, as the chief Executive officer of the +government, takes this oath:</p> + +<div class="blockquot"><p>“<span class="smcap">I do solemnly swear</span> (or affirm) <span class="smcap">that I will faithfully execute the +office of President of the United States, and will, to the best of my +ability, preserve, protect and defend the Constitution of the United +States.</span>”</p></div> + +<p>We have thus far enumerated some of the <i>powers</i> delegated by the +Constitution <i>to the</i> federal government in the precise language of that +constitution, and have shown that the chief executive of the government is +sworn to exercise those powers by enforcing the constitution, and, of +course, the laws, &c., which are made under its sanction and by its +authority.</p> + +<p>This constitution was adopted by a vast majority of the people of every +State in the Union—adopted too with the understanding that it was +<i>perpetually</i> binding—adopted <i>without any proviso for withdrawal or +secession</i> in case of dissatisfaction—adopted when it was known that, +even to amend it, either two-thirds of both houses of Congress must +“propose amendments, or two-thirds of all the State Legislatures unite in +an application to call a convention of States for proposing amendments,” +and that, when such amendments were proposed, they must “<i>be ratified</i>” by +“the legislatures of <i>three-fourths</i> of all the States, or by conventions +in <i>three-fourths</i> thereof.” This shows clearly and conclusively that our +fathers considered that they were establishing a government +indissoluble—a government for all time, incapable of disruption by +separate State action or by the violence of local faction.</p> + +<p>In the strong light of these facts how are we to regard the present +attitude of South Carolina? As treasonable and rebellious to rightful +authority, which she herself assisted to<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span> establish. She has no right +whatever, under the existing compact, to withdraw herself from the Union, +or to annul that compact into which she voluntarily entered, when she +adopted that constitution. By that adoption she forever signed away such a +right—voluntarily she sets her signature to a compact having no such +proviso of choice. If she secede then—if she break, or attempt to break, +that compact, she engages in a revolution, and revolution is +rebellion—revolution is <i>treason</i>. Of that capital crime she, or rather +her citizens, are even now guilty. “What constitutes treason? The +constitution defines it in Article 3, Section III:</p> + +<div class="blockquot"><p>“1. Treason against the United States shall consist only in levying +war against them, or in adhering to their enemies, giving them aid and +comfort. No person shall be convicted of treason unless on the +testimony of two witnesses to the same overt act, or on confession in +open court.</p> + +<p>“2. The congress shall have power to declare the punishment of +treason; but no attainder of treason shall work corruption of blood, +or forfeiture, except during the life of the person attainted.”</p></div> + +<p>Now has not South Carolina “levied war?” Has she not collected armies to +resist the United States? Has she not obstructed the collection of the +revenue of the nation? Has she not even taken the fortifications and +arsenals and confiscated the property of the United States? All these +things has she done, and if this be not “levying war”—if this be not +“treason”—rank “treason,” I know not what is. And yet, strange as it may +seem, there are men in all the States so wedded to party that they +encourage and justify South Carolina in her mad secession schemes, and by +so doing give “aid and comfort” to the sworn “enemies” of the United +States. Did they ever think that they too are traitors, and that they are +as legally deserving of a halter as the madest secession hotspur of South +Carolina?</p> + +<p>Like the old tories of the revolution, they are, however, but few in the +Northern States, and their number, thanks to the intelligence of the +people, is rapidly growing less. Soon will there be but one sentiment in +all sane minds upon this<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span> subject. All will see that this Union must be +preserved, unbroken by rebels, and traitors be brought to condign +punishment, unless we would insanely jeopardise all for which our fathers +fought and bled and died upon the battle fields of the revolution.</p> + +<p>To aid in creating a healthy public sentiment upon this important subject, +I will now give some of the arguments in favor of the Union and of the +present constitution, advanced by some of the early fathers of the +republic. To do this, I shall first draw largely from certain political +papers, entitled the “Federalist,” written while the adoption of the +present constitution was pending, and addressed to the people of the State +of New York, to explain the principles of the new constitution, and to +enforce the propriety and necessity of its adoption. They were the united +productions of John Jay, James Madison, and Alexander Hamilton, three +brilliant political lights.</p> + +<p>In the first eight numbers of these papers the dangers of foreign force +and influence, and of war between the States, and the effects of internal +war in producing standing armies unfriendly to liberty, were portrayed in +a very masterly manner. Several other papers follow from which I quote +largely, as they are just as appropriate now to show the benefits of a +stable and consolidated Union, and the evils of <i>disunion</i>, as then:</p> + +<div class="blockquot"> +<p class="center">“THE UTILITY OF THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND INSURRECTIONS.</p> + +<p>“A firm union will be of the utmost moment to the peace and liberty of +the States, as a barrier against domestic faction and insurrection.</p> + +<p>“It is impossible to read the history of the petty republics of Greece +and Italy, without feeling sensations of horror and disgust at the +distractions with which they were continually agitated, and at the +rapid succession of revolutions, by which they were kept perpetually +vibrating between the extremes of tyranny and anarchy. If they exhibit +occasional calms, these only serve as short-lived contrasts to the +furious storms that are to succeed. If now and then intervals of +felicity<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> open themselves to view, we behold them with a mixture of +regret arising from the reflection, that the pleasing scenes before us +are soon to be overwhelmed by the tempestuous waves of sedition and +party rage. If momentary rays of glory break forth from the gloom, +while they dazzle us with a transient and fleeting brilliancy, they at +the same time admonish us to lament that the vices of government +should pervert the direction and tarnish the luster of those bright +talents and exalted endowments, for which the favored soils that +produced them have been so justly celebrated.</p> + +<p>“From the disorders that disfigure the annals of those republics, the +advocates of despotism have drawn arguments, not only against the +forms of republican government but against the very principles of +civil liberty. They have decried all free government as inconsistent +with the order of society, and have indulged themselves in malicious +exultation over its friends and partizans. Happily for mankind, +stupendous fabrics reared on the basis of liberty, which have +flourished for ages, have, in a few glorious instances, refuted their +gloomy sophisms. And, I trust, America will be the broad and solid +foundation of other edifices not less magnificent, which will be +equally permanent monuments of their error.</p> + +<p>“But it is not to be denied, that the portraits they have sketched of +republican government, were too just copies of the originals from +which they were taken. If it had been found impracticable to have +devised models of a more perfect structure, the enlightened friends of +liberty would have been obliged to abandon the cause of that species +of government as indefensible. The science of politics, however, like +most other sciences, has received great improvement. The efficacy of +various principles is now well understood, which were either not known +at all, or imperfectly known to the ancients. The regular distribution +of power into distinct departments; the introduction of legislative +balances and checks; the institution of courts composed of judges, +holding their offices during good behavior; the representation of the +people in the legislature, by deputies of their own election; these +are either wholly new discoveries, or have made<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> their principal +progress towards perfection in modern times. They are means, and +powerful means, by which the excellencies of republican government may +be retained, and its imperfections lessoned or avoided. To this +catalogue of circumstances, that tend to the amelioration of popular +systems of civil government, I shall venture, however novel it may +appear to some, to add one more, on a principle which has been made +the foundation of an objection to the new constitution; I mean the +<span class="smcaplc">ENLARGEMENT</span> of the <span class="smcaplc">ORBIT</span> within which such systems are to revolve, +either in respect to the dimensions of a single State, or to the +consolidation of several smaller States into one great confederacy. +The latter is that which immediately concerns the object under +consideration. It will, however, be of use to examine the principle in +its application to a single State, which shall be attended to in +another place.</p> + +<p>“The utility of a confederacy, as well to suppress faction, and to +guard the internal tranquility of States, as to increase their +external force and security, is in reality not a new idea. It has been +practiced upon in different countries and ages, and has received the +sanction of the most approved writers on the subject of politics. The +opponents of the <span class="smcaplc">PLAN</span> proposed have with great assiduity cited and +circulated the observations of Montesquieu on the necessity of a +contracted territory for a republican government. But they seem not to +have been apprized of the sentiments of that great man expressed in +another part of his work, nor to have adverted to the consequences of +the principle to which they subscribe with such ready acquiescence.</p> + +<p>“When Montesquieu recommends a small extent for republics, the +standards he had in view were of dimensions far short of the limits of +almost every one of these States. Neither Virginia, Massachusetts, +Pennsylvania, New York, N. Carolina, nor Georgia, can by any means be +compared with the models from which he reasoned, and to which the +terms of his description apply. If we therefore receive his ideas on +this point, as the criterion of truth, we shall be driven to the +alternative either of taking refuge at once in the arms of monarchy, +or of splitting ourselves into an infinity of little,<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> jealous, +clashing, tumultuous commonwealths, the wretched nurseries of +unceasing discord, and the miserable objects of universal pity or +contempt. Some of the writers who have come forward on the other side +of the question, seem to have been aware of the dilemma, and have even +been bold enough to hint at the division of the larger States as a +desirable thing. Such an infatuated policy, such a desperate +expedient, might, by the multiplication of petty offices, answer the +views of men who possess not qualifications to extend their influence +beyond the narrow circles of personal intrigue; but it could never +promote the greatness or happiness of the people of America.</p> + +<p>“Referring the examination of the principle itself to an other place, +as has been already mentioned, it will be sufficient to remark here, +that in the sense of the author who has been most emphatically quoted +upon the occasion, it would only dictate a reduction of the <span class="smcaplc">SIZE</span> of +the more considerable <span class="smcaplc">MEMBERS</span> of the Union; but would not militate +against their being all comprehended in one confederate government. +And this is the true question, in the discussion of which we are at +present interested.</p> + +<p>“So far are the suggestions of Montesquieu from standing in opposition +to a general union of the States, that he explicitly treats of a +<span class="smcaplc">CONFEDERATE REPUBLIC</span>, as the expedient for extending the sphere of +popular government, and reconciling the advantages of monarchy with +those of republicanism.</p> + +<p>“‘It is very probable, says he,<small><a name="f1.1" id="f1.1" href="#f1">[1]</a></small> that mankind would have been +obliged, at length, to live constantly under the government of a +<span class="smcaplc">SINGLE PERSON</span>, had they not contrived a kind of constitution, that has +all the internal advantages of a republican, together with the +external force of a monarchical government. I mean a <span class="smcaplc">CONFEDERATE +REPUBLIC</span>.</p> + +<p>“‘This form of government is a convention, by which several smaller +<i>States</i> agree to become members of a larger <i>one</i>, which they intend +to form. It is a kind of assemblage of societies, that constitute a +new one, capable of increasing by means of new associations, till they +arrive to such a degree<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span> of power as to be able to provide for the +security of the united body.</p> + +<p>“‘A republic of this kind, able to withstand an external force, may +support itself without any internal corruption. The form of this +society prevents all manner of inconveniences.</p> + +<p>“‘If a single member should attempt to usurp the supreme authority, he +could not be supposed to have an equal authority and credit in all the +confederate States. Were he to have too great influence over one, this +would alarm the rest. Were he to subdue a part, that which would still +remain free might oppose him with forces, independent of those which +he had usurped, and overpower him before he could be settled in his +usurpation.</p> + +<p>“‘Should a popular insurrection happen in one of the confederate +States, the others are able to quell it. Should abuses creep into one +part, they are reformed by those that remain sound. The State may be +destroyed on one side and not on the other; the confederacy may be +dissolved and the confederates preserve their sovereignty.</p> + +<p>“‘As this government is composed of small republics, it enjoys the +internal happiness of each, and with respect to its external +situation, it is possessed, by means of the association, of all the +advantages of large monarchies.’</p> + +<p>“I have thought it proper to quote at length these interesting +passages, because they contain a luminous abridgment of the principal +arguments in favor of the Union, and must effectually remove the false +impressions which a misapplication of the other parts of the work were +calculated to produce. They have, at the same time, an intimate +connection with the more immediate design of this paper; which is to +illustrate the tendency of the Union to repress domestic faction and +insurrection.</p> + +<p>“A distinction, more subtle than accurate, has been raised between a +<i>confederacy</i> and a <i>consolidation</i> of the States. The essential +characteristic of the first, is said to be the restriction of its +authority to the members in their collective capacities, without +reaching to the individuals of whom they are composed. It is contended +that the national council<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> ought to have no concern with any object of +internal administration. An exact equality of suffrage between the +members, has also been insisted upon as a leading feature of a +confederate government. These positions are, in the main, arbitrary; +they are supported neither by principle nor precedent. It has indeed +happened, that governments of this kind have generally operated in the +manner which the distinction taken notice of supposes to be inherent +in their nature; but there have been in most of them extensive +exceptions to the practice, which serve to prove, as far as example +will go, that there is no absolute rule on the subject. And it will be +clearly shown, in the course of this investigation, that, as far as +the principle contended for has prevailed, it has been the cause of +incurable disorder and imbecility in the government.</p> + +<p>“The definition of a <i>confederate republic</i> seems simply to be ‘an +assemblage of societies,’ or an association of two or more States into +one State. The extent, modifications, and objects of the federal +authority are mere matters of discretion. So long as the separate +organization of the members be not abolished, so long as it exists by +a constitutional necessity for local purposes, though it should be in +perfect subordination to the general authority of the Union, it would +still be, in fact and theory, an association of States, or a +confederacy The proposed constitution, so far from implying an +abolition of the State government, makes them constituent parts of the +national sovereignty, by allowing them a direct representation in the +senate, and leaves in their possession certain exclusive, and very +important, portions of the sovereign power. This fully corresponds, in +every rational import of the terms, with the idea of a federal +government.</p> + +<p>“In the Lycian confederacy, which consisted of twenty-three <span class="smcaplc">CITIES</span>, or +republics, the largest were entitled to <i>three</i> votes in the <span class="smcaplc">COMMON +COUNCIL</span>, those of the middle class to <i>two</i>, and the smallest to +<i>one</i>. The <span class="smcaplc">COMMON COUNCIL</span> had the appointment of all the judges and +magistrates of the respective <span class="smcaplc">CITIES</span>. This was certainly the most +delicate species of interference in their internal administration; for +if there be anything that seems exclusively appropriated to the local +jurisdictions, it is the appointment of their own officers. Yet<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> +Montesquieu, speaking of this association, says, ‘Were I to give a +model of an excellent confederate republic, it would be that of +Lycia.’ Thus we perceive that the distinctions insisted upon were not +within the contemplation of this enlightened writer, and we shall be +led to conclude that they are the novel refinements of an erroneous +theory.”</p></div> + +<p>The important paper just quoted from the “Federalist,” is from the gifted +pen of James Madison, so long a prominent and leading statesman in the +democratic party, and one of the framers of our present government. Had we +space we would quote another, equally important, from the same source and +upon the same subject.</p> + +<p>This paper, its pointed facts and its powerful reasoning in favor of a +stable Union, such as was contemplated by the present constitution, and +against the defects of the old confederation, we commend to the particular +attention of the thinking masses of the present democratic party. Although +written before the adoption of the existing constitution, and for the +express purpose of inducing the people to ratify that constitution, it +contains much that is applicable to the present political juncture, +inasmuch as the present secession dogmas of South Carolina and of the +Calhoun school of politicians are exactly the loose, inefficient +principles of that old confederation, and opposed to those of the present +constitution.</p> + +<p>We will here make an extract from another paper of the “Federalist,” to +show how Jay, Madison and Hamilton regarded the defects of that +confederation—to illustrate, with clearness, the <i>absolute necessity</i> of +the adoption of our present constitution, considering, as they did, that +it would constitute an efficient remedy for those defects:</p> + +<div class="blockquot"> +<p class="center">“CONCERNING THE DEFECTS OF THE PRESENT CONFEDERATION, IN RELATION TO +THE PRINCIPLE OF LEGISLATION FOR THE STATES IN THEIR COLLECTIVE CAPACITIES.</p> + +<p>“In the course of the preceding papers, I have endeavored, my fellow +citizens, to place before you, in a clear and convincing light, the +importance of union to your political safety<span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span> and happiness. I have +unfolded to you a complication of dangers to which you would be +exposed, should you permit that sacred knot, which binds the people of +America together, to be severed or dissolved by ambition or by +avarice, by jealousy or by misrepresentation. In the sequel of the +inquiry, through which I propose to accompany you, the truths intended +to be inculcated will receive further confirmation from facts and +arguments hitherto unnoticed.</p> + +<p>“In pursuance of the plan which I have laid down for the discussion of +the subject, the point next in order to be examined is the +‘insufficiency of the present confederation to the preservation of the +Union.’</p> + +<p>“It may perhaps be asked what need there is of reasoning or proof to +illustrate a position which is neither controverted nor doubted; to +which the understandings and feelings of all classes of men assent; +and which, in substance is admitted by the opponents as well as by the +friends of the new constitution? It must in truth be acknowledged, +that however these may differ in other respects, they in general +appear to harmonize in the opinion, that there are material +imperfections in our national system, and that something is necessary +to be done to rescue us from impending anarchy. The facts that support +this opinion are no longer objects of speculation. They have forced +themselves upon the sensibility of the people at large, and have at +length extorted from those whose mistaken policy has had the principal +share in precipitating the extremity at which we have arrived, a +reluctant confession of the reality of many of those defects in the +scheme of our federal government, which have been long pointed out and +regretted by the intelligent friends of the Union.</p> + +<p>“We may indeed with propriety, be said to have reached almost the last +stage of national humiliation. There is scarcely anything that can +wound the pride, or degrade the character, of an independent people, +which we do not experience. Are there engagements, to the performance +of which we are held by every tie respectable among men? These are the +subjects of constant and unblushing violation. Do we owe debts to +foreigners, and to our own citizens, <span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span>contracted in a time of imminent +peril, for the preservation of our political existence? These remain +without any proper or satisfactory provision for their discharge. Have +we valuable territories and important posts in the possession of a +foreign power, which, by express stipulations, ought long since to +have been surrendered? These are still retained, to the prejudice of +our interest not less than of our rights. Are we in a condition to +resent or to repel the aggression? We have neither troops, nor +treasury, nor government.<small><a name="f2.1" id="f2.1" href="#f2">[2]</a></small> Are we even in a condition to remonstrate +with dignity? The just imputations on our own faith, in respect to the +same treaty, ought first to be removed. Are we entitled, by nature and +compact, to a free participation in the navigation of the Mississippi? +Spain excludes us from it. Is public credit an indispensable resource +in time of public danger? We seem to have abandoned its cause as +desperate and irretrievable. Is commerce of importance to national +wealth? Ours is at the lowest point of declension. Is respectability +in the eyes of foreign powers, a safeguard against foreign +encroachments? The imbecility of our government even forbids them to +treat with us: Our ambassadors abroad are the mere pageants of mimic +sovereignty. Is a violent and unnatural decrease in the value of land +a symptom of national distress? The price of improved land, in most +parts of the country, is much lower than can be accounted for by the +quantity of waste land at market, and can be only fully explained by +that want of private and public confidence, which are so alarmingly +prevalent among all ranks, and which have a direct tendency to +depreciate property of every kind. Is private credit the friend and +patron of industry? That most useful kind which relates to borrowing +and lending, is reduced within the narrowest limits, and this still +more from an opinion of insecurity than from a scarcity of money. To +shorten an enumeration of particulars which can afford neither +pleasure nor instruction, it may in general be demanded, what +indication is there of national disorder, poverty, and insignificance, +that could befal a community so peculiarly blessed with<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> natural +advantages as we are, which does not form a part of the dark catalogue +of our public misfortunes?</p> + +<p>“This is the melancholy situation to which we have been brought by +those very maxims and councils, which would now deter us from adopting +the proposed constitution; and which, not content with having +conducted us to the brink of a precipice, seem resolved to plunge us +into the abyss that awaits us below. Here, my countrymen, impelled by +every motive that ought to influence an enlightened people, let us +make firm stand for our safety, our tranquility, our dignity, our +reputation. Let us at last break the fatal charm which has too long +seduced us from the paths of felicity and prosperity.</p> + +<p>“It is true, as has been before observed, that facts too stubborn to +be resisted, have produced a species of general assent to the abstract +proposition, that there exist material defects in our national system; +but the usefulness of the concession, on the part of the old +adversaries of federal measures, is destroyed by a strenuous +opposition to a remedy, upon the only principles that can give it a +chance of success. While they admit that the government of the United +States is destitute of energy, they contend against conferring upon it +those powers which are requisite to supply that energy. They seem +still to aim at things repugnant and irreconcilable; at an +augmentation of federal authority, without a diminution of State +authority; at sovereignty in the Union, and complete independence in +the members. They still, in fine, seem to cherish with blind devotion +the political monster of an <i>imperium in imperio</i>. This renders a full +display of the principal defects of the confederation necessary, in +order to show, that the evils we experience do not proceed from minute +or partial imperfections, but from fundamental errors in the structure +of the building, which cannot be amended, otherwise than by an +alteration in the very elements and main pillars of the fabric.</p> + +<p>“The great and radical vice in the construction of the existing +confederation, is in the principle of <span class="smcaplc">LEGISLATION</span> for <span class="smcaplc">STATES</span> or +<span class="smcaplc">GOVERNMENTS</span> in their <span class="smcaplc">CORPORATE</span> or <span class="smcaplc">COLLECTIVE CAPACITIES</span>, and as +contradistinguished from the <span class="smcaplc">INDIVIDUALS<span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span></span> of whom they consist. Though +this principle does not run through all the powers delegated to the +Union, yet it pervades and governs those on which the efficacy of the +rest depends.”</p></div> + +<p>A violation of any of the articles of the old confederation was the act +only of the States, as sovereign and independent parties to a contract, +and did not implicate individuals in the crime of <i>treason</i>, if acting +<i>under the sanction</i> of such a State. Not so, however, with individuals +under the present constitution, even though acting under the sanction of +particular States; because the present constitution is that of the +<i>people</i> and not of the States as States in their sovereign capacity, for +the <i>people</i> of the States have delegated to a general government, in the +constitution, certain powers, which are taken away from the States, and +cannot, therefore, be exercised by those States without subjecting the +<i>people</i> of the States so exorcising them to punishment for <i>high +treason</i>.</p> + +<p>To show that eminent statesmen, even before the adoption of our present +constitution, so regarded the principles of the government proposed to be +established under it, we will quote another extract from the “Federalist,” +commencing on page 102 of vol. I:</p> + +<div class="blockquot"><p>“If it be possible to construct a federal government capable of +regulating the common concerns, and preserving the general +tranquility, it must be founded, as to the objects committed to its +care, upon the <span class="smcaplc">REVERSE</span> of the principle contended for by the opponents +of the proposed constitution. It must carry its agency to the PERSONS +OF THE CITIZENS. It must stand in need of no intermediate legislation; +but must itself be empowered to employ the arm of the ordinary +magistrate to execute its own resolutions. The majesty of the national +authority must be manifested through the medium of the courts of +justice. The government of the Union, like that of each State, must be +able to address itself immediately to the hopes and fears of +INDIVIDUALS, and to attract to its support those passions which have +the strongest influence upon the human heart. It must, in short, +possess all the means, and have a right to all the methods, of +<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span>executing the powers with which it is entrusted, that are possessed +and exercised by the governments of the particular States.”</p></div> + +<p>An argument against the adoption of our present constitution was urged by +its enemies to prevent its adoption, that it would create a central +government <i>too strong</i>—a government <i>so strong</i> as to endanger the +reserved rights of the States. This objection is thus stated and answered +upon pages 106 and 107, vol. I, of the “Federalist:”</p> + +<div class="blockquot"><p>“It may be said, that it would tend to render the government of the +Union too powerful, and to enable it to absorb those residuary +authorities which it might be judged proper to leave with the States +for local purposes. Allowing the utmost latitude to the love of power, +which any reasonable man can require, I confess I am at a loss to +discover what temptation the persons entrusted with the administration +of the general government, could ever feel to divest the States of the +authorities of that description. The regulation of the mere domestic +police of a State appears to me to hold out slender allurements to +ambition. Commerce, finance, negotiation, and war seem to comprehend +all the objects which have charms for minds governed by that passion; +and all the powers necessary to those objects ought, in the first +instance, to be lodged in the national depository. The administration +of private justice between the citizens of the same State; the +supervision of agriculture, and of other concerns of a similar nature; +all those things, in short, which are proper to be provided for by +local legislation, can never be desirable cares of a general +jurisdiction. It is, therefore, improbable that there should exist a +disposition in the federal councils to usurp the powers with which +they are connected; because the attempt to exercise them would be as +troublesome as it would be nugatory; and the possession of them, for +that reason, would contribute nothing to the dignity, to the +importance, or to the splendor of the national government.”</p></div> + +<p>We will close our extracts from the luminous papers of the “Federalist,” +with the following, premising, however, that,<span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> in these fearful times of +raging secession madness, it would be well if the whole two volumes could +be put in the hands of every intelligent individual in the nation. This +extract refers again to the defects and the lamentable inefficiency of the +old confederation, as contrasted with the proposed efficiency and +stability of the government under the new constitution, a subject which +cannot be too deeply engraven upon the mind of every patriot to whatever +party he may belong. It can be found commencing upon page 131, of vol. 1, +of the “Federalist,” and ending on page 133:</p> + +<div class="blockquot"><p>“Having in the three last numbers taken a summary review of the +principal circumstances and events which depict the genius and fate of +other confederate governments, I shall now proceed in the enumeration +of the most important of those defects which have hitherto +disappointed our hopes from the system established among ourselves. To +form a safe and satisfactory judgment of the proper remedy, it is +absolutely necessary that we should be well acquainted with the extent +and malignity of the disease.</p> + +<p>“The next most palpable defect of the existing confederation, is the +total want of a <span class="smcaplc">SANCTION</span> to its laws. The United States, as now +composed, have no power to exact obedience, or punish disobedience to +their resolutions, either by pecuniary mulcts, by a suspension or +divestiture of privileges, or by any other constitutional means. There +is no express delegation of authority to them to use force against +delinquent members; and if such a right should be ascribed to the +federal head, as resulting from the nature of the social compact +between the States, it must be by inference and construction, in the +face of that part of the second article, by which it is declared, +‘that each State shall retain every power, jurisdiction, and right, +not <i>expressly</i> delegated to the United States in Congress assembled.’ +The want of such a right involves, no doubt, a striking absurdity, but +we are reduced to the dilemma, either of supposing that deficiency, +preposterous as it may seem, or of contravening or explaining away a +provision, which has been of late a repeated theme of the eulogies of +those who oppose the new constitution; and the<span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span> omission of which, in +that plan, has been the subject of much plausible animadversion and +severe criticism. If we are unwilling to impair the force of this +applauded provision, we shall be obliged to conclude that the United +States affords the extraordinary spectacle of a government destitute +even of the shadow of constitutional power to enforce the execution of +its own laws. It will appear, from the specimens which have been +cited, that the American confederacy, in this particular, stands +discriminated from every other institution of a similar kind, and +exhibits a new and unexampled phenomenon in the political world.</p> + +<p>“The want of a mutual guarantee of the State governments, is another +capital imperfection in the federal plan. There is nothing of this +kind declared in the articles that compose it; and to imply a tacit +guarantee from considerations of utility, would be a still more +flagrant departure from the clause which has been mentioned, than to +imply a tacit power of coercion, from the like consideration. The want +of a guarantee, though it might in its consequences endanger the +Union, does not so immediately attack its existence, as the want of a +constitutional sanction to its laws.</p> + +<p>“Without a guarantee, the assistance to be derived from the Union in +repelling those domestic dangers, which may sometimes threaten the +existence of the State constitutions, must be renounced. Usurpation +may rear its crest in each State, and trample upon the liberties of +the people, while the national government could legally do nothing +more than behold its encroachments with indignation and regret. A +successful faction may erect a tyranny on the ruins of order and law, +while no succor could constitutionally be afforded by the Union to the +friends and supporters of the government. The tempestuous situation, +from which Massachusetts has scarcely emerged, evinces, that dangers +of this kind are not merely speculative. Who can determine what might +have been the issue of her late convulsions, if the mal-contents had +been headed by a Cæsar or by a Cromwell? Who can predict what a +despotism, established in Massachusetts, would have upon the liberties +of New Hampshire or Rhode Island, of Connecticut or New York?</p> + +<p><span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span>“The inordinate pride of State importance has suggested to some minds +an objection to the principle of a guarantee to the federal +government, as involving an officious interference in the domestic +concerns of the members. A scruple of this kind would deprive us of +one of the principal advantages to be expected from Union, and can +only flow from a misapprehension of the nature of the provision +itself. It could be no impediment to reforms of the State +constitutions by a majority of the people in a legal and peaceable +mode. This right would remain undiminished. The guarantee could only +operate against changes to be effected by violence. Towards the +prevention of calamities of this kind, too many checks cannot be +provided. The peace of society and the stability of government depend +absolutely on the efficacy of the precautions on this head. Where the +whole power of the government is in the hands of the people, there is +the less pretence for the use of violent remedies, in partial or +occasional distempers of the State. The natural cure for an +ill-administration, in a popular representative constitution, is a +change of men. A guarantee by the national authority would be as much +directed against the usurpations of rulers, as against the ferments +and outrages of faction and sedition in the community.”</p></div> + +<p>We have thus far briefly enumerated some of the important powers granted +by the people of the United States in their sovereign capacity, to the +present federal government. We have endeavored to show that the people, +having granted certain powers to the general government, such powers are +necessarily withdrawn from the several States by the people thereof for +the purpose of establishing one grand central power, which, when exercised +within its delegated authority, should be recognized as the supreme law of +the land; hence the people of the several States having to the extent of +the powers granted, surrendered the separate State sovereignty, they +became one grand, inseparable, sovereign and independent nation. The very +fact that each and every citizen of our entire country has a voice in +controlling the policy of the general government, shows conclusively that +they owe <span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span>obedience to its enactments, consequently, our national laws are +alike binding upon every individual from Florida to Maine, and from the +Atlantic to the Pacific Ocean.</p> + +<p>But independent of our arguments, we have in the foregoing pages presented +copious extracts from letters written by Messrs. Madison, Jay and Hamilton +pending the adoption of the constitution, all of which must convince the +most skeptical, that all parties at that time understood that they were +granting certain powers to the general government that could not +thereafter be resumed and controlled by the various States. The able +manner in which the importance of such an arrangement is argued, the clear +and conclusive reasoning, the contrasts drawn between one great and +powerful nation and several petty, jealous, contending little +sovereignties, should cast into the shade the weak sophism that is palmed +off by the political demagogues of the present day for the purpose of +dividing the people, under the disguise of what is called State +sovereignty.</p> + +<p>The arguments already advanced to show that we have a national government +whose authority is supreme throughout the length and breadth of this +country, (State laws to the contrary notwithstanding,) should be +sufficient to convince the most ultra States rights secessionist that his +dogma is only a garbled name for treason. Nevertheless, we will now +proceed to give in full the celebrated Proclamation issued to the +nullifiers of South Carolina twenty-eight years ago by the hero of the +battle of New Orleans, recommending its careful perusal by every American +citizen who has a spark of patriotism left within him. Its noble, +patriotic sentiments will be found decidedly refreshing when contrasted +with the crouching imbecility and indecision that has characterized not +only James Buchanan but many of our leading politicians in the present +dangerous, suffering and distracted condition of our beloved country.</p> + +<p>General Jackson, a brave, daring, noble hero, knowing his duty, hastened +to perform it in defiance of every obstacle; he resolves to save his +country, at every hazard, from falling into the vortex of anarchy, ruin +and disgrace.</p> + +<p>When the hydra-headed monster, treason, began to make<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> its appearance, the +honored son of Tennessee, whose name is held in reverence by every friend + +of liberty, whose memory will be honored as the savior of his country, +actuated by a high sense of his duty, with true Roman firmness, standing +upon the temple of liberty, proclaiming to the world that he will maintain +the integrity of his country or perish while marching under its glorious +banner warning the enemies of the Union, to pause and consider the awful +consequences of persisting in their treasonable designs, and decide +whether they are prepared to assume such a terrible responsibility.</p> + +<p>I will now give his proclamation in full, hoping that the spirit of +patriotism, firmness and justice therein contained will cause a heartfelt +response by my fellow countrymen.</p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span></p> +<h2>PRESIDENT’S PROCLAMATION.</h2> +<p class="center"><i>Proclamation of Andrew Jackson, President of the United States.</i></p> + +<p><span class="smcap">Whereas</span>, a convention assembled in the State of South Carolina have passed +an ordinance, by which they declare “That the several acts and parts of +acts of the congress of the United States, purporting to be laws for the +imposing of duties and imposts on the importation of foreign commodities, +and now having actual operation and effect within the United States, and +more especially,” two acts for the same purposes passed on the 29th of +May, 1828, and on the 14th of July, 1832, “are unauthorized by the +constitution of the United States, and violate the true meaning and intent +thereof, and are null and void, and no law,” nor binding on the citizens +of that State or its officers: and by the said ordinance, it is further +declared to be unlawful for any of the constituted authorities of the +State or of the United States to enforce the payment of the duties imposed +by the said acts within the same State, and that it is the duty of the +Legislature to pass such laws as may be necessary to give full effect to +the said ordinance:</p> + +<p><span class="smcap">And Whereas</span>, By the said ordinance, it is further ordained that, in no +case of law or equity decided in the courts of said State, wherein shall +be drawn in question the validity of the said ordinance, or of the acts of +the legislature that may be passed to give it effect, or of the said laws +of the United States, no appeal shall be allowed to the Supreme Court of +the United States, nor shall any copy of the record be permitted or +allowed for that purpose, and that any person attempting to take such +appeal shall be punished as for a contempt of court:</p> + +<p>And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every<span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span> hazard; and that they +will consider the passage of any act, by congress, abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress or +egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harrass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistant with the longer +continuance of South Carolina in the Union, and that the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign and +independent States may of right do.</p> + +<p><span class="smcap">And Whereas</span>, the said ordinance prescribes to the people of South Carolina +a course of conduct in direct violation of their duty as citizens of the +United States, contrary to the laws of their country, subversive of its +constitution, and having for its object the destruction of the Union—that +Union, which, coeval with our political existence, led our fathers, +without any other ties to unite them than those of patriotism and a common +cause, through a sanguinary struggle to a glorious independence—that +sacred Union, hitherto inviolate, which, perfected by our happy +constitution, has brought us, by the favor of Heaven, to a state of +prosperity at home, and high consideration abroad, rarely, if ever, +equalled in the history of nations. To preserve this bond of our political +existence from destruction, to maintain inviolate this state of national +honor and prosperity, and to justify the confidence my fellow citizens +have reposed in me, I, <span class="smcap">Andrew Jackson</span>, <i>President of the United States</i>, +have thought proper to issue this my PROCLAMATION, stating my views of the +constitution and laws applicable to the measures adopted by the convention +of South Carolina, and to the reasons they have put forth to sustain them, +declaring the course which duty will require me to pursue, and, appealing +to the understanding and patriotism of the people, warn them of the +consequences that must inevitably result from an observance of the +dictates of the convention.</p> + +<p><span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span>Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be invested, for preserving +the peace of the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of the +United States must all feel in preventing a resort to stronger measures, +while there is a hope that anything will be yielded to reasoning and +remonstrance, perhaps demand, and will certainly justify, a full +exposition to South Carolina and the nation of the views I entertain of +this important question, as well as a distinct enunciation of the course +which my sense of duty will require me to pursue.</p> + +<p>The ordinance is founded, not on the indefeasible right of resisting acts +which are plainly unconstitutional, and too oppressive to be endured; but +on the strange position that any one State may not only declare an act of +congress void, but prohibit its execution—that they may do this +consistently with the constitution—that the true construction of that +instrument permits a State to retain its place in the Union, and yet be +bound by no other of its laws than those it may choose to consider as +constitutional. It is true, they add, that to justify this abrogation of a +law, it must be palpably contrary to the constitution; but it is evident, +that, to give the right of resisting laws of that description, coupled +with the uncontrolled right to decide what laws deserve that character, is +to give the power of resisting all laws. For, as by the theory, there is +no appeal, the reasons alleged by the State, good or bad must prevail. If +it should be said that public opinion is a sufficient check against the +abuse of this power, it may be asked why it is not deemed a sufficient +guard against the passage of an unconstitutional act by congress? There +is, however, a restraint in this last case, which makes the assumed power +of a State more indefensible, and which does not exist in the other. There +are two appeals from an unconstitutional act passed by congress—one to +the judiciary, the other to the people and the States. There is no appeal +from the State decision in theory, and the practical illustration shows +that the courts are closed against an application<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span> to review it, both +judges and jurors being sworn to decide in its favor. But reasoning on +this subject is superfluous, when our social compact, in express terms, +declares that the laws of the United States, its constitution, and +treaties made under it, are the supreme law of the land; and, for greater +caution, adds “that the judges in every State shall be bound thereby, +anything in the constitution or laws of any State to the contrary +notwithstanding.” And it may be asserted without fear of refutation, that +no federal government could exist without a similar provision. Look for a +moment to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat, that +an unconstitutional law is no law, so long as the question of its legality +is to be decided by the State itself; for every law operating injuriously +upon any local interest will be perhaps thought, and certainly +represented, as unconstitutional, and, as has been shown, there is no +appeal.</p> + +<p>If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the eastern States, the carriage tax in +Virginia, were all deemed unconstitutional, and were more equal in their +operation than any of the laws now complained of; but fortunately none of +those States discovered that they had the right now claimed by South +Carolina. The war into which we were forced to support the dignity of the +nation and the rights of our citizens, might have ended in defeat and +disgrace instead of victory and honor, if the States who supposed it a +ruinous and unconstitutional measure, had thought they possessed the right +of nullifying the act by which it was declared, and denying supplies for +its prosecution. Hardly and unequally as those measures bore upon several +members of the Union, to the legislatures of none did this efficient and +peaceable remedy, as it is called, suggest itself. The discovery of this +important feature in our constitution was reserved<span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span> to the present day. To +the statesmen of South Carolina belongs the invention, and upon the +citizens of that State will unfortunately fall the evils of reducing it to +practice.</p> + +<p>If the doctrine of a State veto upon the laws of the Union carries with it +internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been repudiated +with indignation, had it been proposed to form a feature in our +Government.</p> + +<p>In our colonial state, although dependent on another power, we very early +considered ourselves as connected by common interest with each other. +Leagues were formed for common defence, and, before the declaration of +independence, we were known in our aggregate character <i>as the United +Colonies of America</i>. That decisive and important step was taken jointly. +We declared ourselves a nation by a joint, not by several acts, and when +the terms of our confederation were reduced to form, it was in that of a +solemn league of several States, by which they agreed that they would +collectively form one nation for the purpose of conducting some certain +domestic concerns and all foreign relations. In the instrument forming +that Union is found an article which declares that “every State shall +abide by the determinations of congress on all questions which, by that +confederation, should be submitted to them.”</p> + +<p>Under the confederation, then, no State could legally annul a decision of +the congress, or refuse to submit to its execution; but no provision was +made to enforce these decisions. Congress made requisitions, but they were +not complied with. The government could not operate on individuals. They +had no judiciary, no means of collecting revenue.</p> + +<p>But the defects of the confederation need not be detailed. Under its +operation we could scarcely be called a nation. We had neither prosperity +at home nor consideration abroad. This state of things could not be +endured, and our present happy constitution was formed, but formed in +vain, if this fatal doctrine prevails. It was formed for important objects +that are announced in the preamble made in the name and by the authority +of the people of the United States, whose delegates framed, and whose +conventions approved it. The<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> most important among these objects, that +which is placed first in the rank, on which all others rest, is, “<i>to form +a more perfect Union</i>.” Now, is it possible that even if there were no +express provision giving supremacy to the constitution and laws of the +United States over those of the States—can it be conceived, that an +instrument made for the purpose of “<i>forming a more perfect Union</i>” than +that of the confederation, could be so constructed by the assembled wisdom +of our country as to substitute for that confederation a form of +government dependent for its existence on the local interest, the party +spirit of a State, or of a prevailing faction in a State? Every man of +plain, unsophisticated understanding, who hears the question, will give +such an answer as will preserve the Union. Metaphysical subtlety, in +pursuit of an impracticable theory, could alone have devised one that is +calculated to destroy it.</p> + +<p>I consider, then, the power to annul a law of the United States, assumed +by one State, <i>incompatible with the existence of the Union, contradicted +expressly by the letter of the constitution, unauthorized by its spirit, +inconsistent with every principle on which it was founded, and destructive +of the great object for which it was formed</i>.</p> + +<p>After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance.</p> + +<p>The preamble rests its justification on those grounds: It assumes, as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first virtually +acknowledges that the law in question was passed under a power expressly +given by the constitution to lay and collect imposts;<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span> but its +constitutionality is drawn in question from the <i>motives</i> of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make the law void: for how is +that purpose to be ascertained? Who is to make the scrutiny? How often may +bad purposes be falsely imputed—in how many cases are they concealed by +false professions—in how many is no declaration of motive made? Admit +this doctrine, and you give to the States an uncontrolled right to decide, +and every law may be annulled under this pretext. If, therefore, the +absurd and dangerous doctrine should be admitted, that a State may annul +an unconstitutional law, or one that it deems such, it will not apply to +the present case.</p> + +<p>The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then indeed is the Federal +Constitution unworthy of the slightest effort for its preservation. We +have hitherto relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet anchor of our safety in the stormy times of +conflict with a foreign or domestic foe. We have looked to it with sacred +awe as the palladium of our liberties, and with all the solemnities of +religion have pledged to each other our lives and fortunes here, and our +hopes of happiness hereafter, in its defence and support. Were we +mistaken, my countrymen, in attaching this importance to the Constitution +of our country? Was our devotion paid to the wretched, inefficient, +clumsy, contrivance which this new doctrine would make it? Did we pledge +ourselves to the support of an airy nothing—a bubble that must be blown +away by the first breath of disaffection? Was this self-destroying, +visionary theory, the work of the profound statesmen, the<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> exalted +patriots, to whom the task of constitutional reform was entrusted? Did the +name of Washington sanction, did the States deliberately ratify such an +anomaly in the history of fundamental legislation? No. We were not +mistaken. The letter of this great instrument is free from this radical +fault; its language directly contradicts the imputation; its spirit—its +evident intent, contradicts it. No, we did not err! Our Constitution does +not contain the absurdity of giving power to make laws, and another power +to resist them. The sages whose memory will always be reverenced, have +given us a practical, and, as they hoped, a permanent constitutional +compact. The Father of his Country did not affix his revered name to so +palpable an absurdity. Nor did the States, when they severally ratified +it, do so under the impression that a veto on the laws of the United +States was reserved to them, or that they could exercise it by +implication. Search the debates in all their Conventions, examine the +speeches of the most zealous opposers of federal authority, look at the +amendments that were proposed—they are all silent—not a syllable +uttered, not a vote given, not a motion made, to correct the explicit +supremacy given to the laws of the Union over those of the States, or to +show that implication, as is now contended, could defeat it. No, we have +not erred! The Constitution is still the object of our reverence, the bond +of our Union, our defence in danger, the source of our prosperity in +peace; it shall descend as we have received it, uncorrupted by sophistical +construction, to our posterity, and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it into +existence, will again be patriotically offered for its support.</p> + +<p>The two remaining objections made by the ordinance to these laws, are that +the sums intended to be raised by them are greater than are required, and +that the proceeds will be unconstitutionally employed.</p> + +<p>The Constitution has given, expressly, to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than that +which results from the power of changing the representatives who abuse it, +and<span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span> thus procure redress. Congress may, undoubtedly, abuse this +discretionary power; but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution has +given it to the representatives of all the people, checked by the +representatives of the States, and by the Executive power. The South +Carolina construction gives it to the Legislature or the Convention of a +single State, where neither the people of the different States, nor the +States in their separate capacity, nor the Chief Magistrate elected by the +people, have any representation. Which is the most discreet disposition of +the power? I do not ask you, fellow citizens, which is the constitutional +disposition—that instrument speaks a language not to be misunderstood. +But if you were assembled in general Convention, which would you think the +safest depository of this discretionary power in the last resort? Would +you add a clause giving it to each of the States, or would you sanction +the wise provisions already made by your Constitution? If this should be +the result of your deliberations when providing for the future, are you, +can you be ready, to risk all that we hold dear, to establish, for a +temporary and a local purpose, that which you must acknowledge to be +destructive, and even absurd, as a general provision? Carry out the +consequences of this right vested in the different States, and you must +perceive that the crisis your conduct presents at this day would recur +whenever any law of the United States displeased any of the States, and +that we should soon cease to be a nation.</p> + +<p>The ordinance, with the same knowledge of the future that characterizes a +former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely cannot be urged against the laws levying +the duty.</p> + +<p>These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens; judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, how +far they justify the reckless, destructive course which you are directed<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span> +to pursue. Review these objections, and the conclusions drawn from them, +once more. What are they? Every law, then, for raising revenue, according +to the South Carolina ordinance, may be rightfully annulled, unless it be +so framed as no law ever will or can be framed. Congress have a right to +pass laws for raising a revenue, and each State has a right to oppose +their execution—two rights directly opposed to each other; and yet is +this absurdity supposed to be contained in an instrument drawn for the +express purpose of avoiding collisions between the States and the general +government, by an assembly of the most enlightened statesmen and purest +patriots ever embodied for a similar purpose.</p> + +<p>In vain have these sages declared that congress shall have power to lay +and collect taxes, duties, imposts, and excises; in vain have they +provided that they shall have power to pass laws, which shall be necessary +and proper to carry those powers into execution; that those laws and that +constitution shall be the “supreme law of the land, and that the judges in +every State shall be bound thereby, anything in the constitution or laws +of any State to the contrary notwithstanding.” In vain have the people of +the several States solemnly sanctioned these provisions, made them their +paramount law, and individually sworn to support them whenever they were +called on to execute any office. Vain provisions! ineffectual +restrictions! vile profanation of oaths! miserable mockery of legislation! +if the bare majority of the voters in any one State may, on a real or +supposed knowledge of the intent with which a law has been passed, declare +themselves free from its operation—say here it gives too little, there +too much, and operates unequally—here it suffers articles to be free that +ought to be taxed—there it taxes those that ought to be free—in this +case the proceeds are intended to be applied to purposes which we do not +approve—in that the amount raised is more than is wanted. Congress, it is +true, are invested by the constitution with the right of deciding these +questions according to their sound discretion; congress is composed of the +representatives of all the States, and of all the people of all the +States; but we, part of the people of one State, to whom the constitution +has given no power on the subject, from whom it has expressly taken it +away—we,<span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span> who have solemnly agreed that this constitution shall be our +law—we, most of whom have sworn to support it—we now abrogate this law, +and swear and force others to swear that it shall not be obeyed; and we do +this, not because congress have no right to pass such laws—this we do not +allege—but because they have passed them with improper views. They are +unconstitutional from the motives of those who passed them, which we can +never with certainty know; from their unequal operation, although it is +impossible, from the nature of things, that they should be equal; and from +the disposition which we presume may be made of their proceeds, although +that disposition has not been declared. This is the plain meaning of the +ordinance, in relation to laws which it abrogates for alleged +unconstitutionality. But it does not stop there. It repeals, in express +terms, an important part of the constitution itself, and of laws passed to +give it effect, which have never been alleged to be unconstitutional. The +constitution declares that the judicial powers of the United States extend +to cases arising under the laws of the United States; and that such laws, +the constitution, and treaties, shall be paramount to the State +constitutions and laws. The judiciary act prescribes the mode by which the +case may be brought before a court of the United States by appeal, when a +State tribunal shall decide against this provision of the constitution. +The ordinance declares that there shall be no appeal, makes the State law +paramount to the constitution and laws of the United States, forces judges +and jurors to swear that they will disregard their provisions, and even +makes it penal in a suitor to attempt relief by appeal. It further +declares, that it shall not be lawful for the authorities of the United +States, or of that State, to enforce the payment of duties imposed by the +revenue laws within its limits.</p> + +<p>Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the constitution, which +is solemnly abrogated by the same authority.</p> + +<p>On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws, of which<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is made +to execute them.</p> + +<p>This right to secede is deduced from the nature of the constitution, which +they say is a compact between sovereign States, who have preserved their +whole sovereignty, and therefore are subject to no superior; that because +they made the compact, they can break it, when, in their opinion, it has +been departed from by the other States. Fallacious as this course of +reasoning is, it enlists State pride, and finds advocates in the honest +prejudices of those, who have not studied the nature of our government +sufficiently to see the radical error, on which it rests.</p> + +<p>The people of the United States formed the constitution, acting through +the State legislatures in making the compact, to meet and discuss its +provisions, and acting in separate conventions, when they ratified those +provisions; but the terms used in its construction, show it to be a +government, in which the people of all the States collectively are +represented. We are <i>one people</i> in the choice of president and vice +president. Here the States have no other agency, than to direct the mode +in which the votes shall be given. The candidates having a majority of all +the votes are chosen. The electors of a majority of States may have given +their votes for one candidate, and yet another may be chosen. The people, +then, and not the States, are represented in the executive branch.</p> + +<p>In the house of representatives there is this difference, that the people +of one State do not, as in the case of president and vice president, all +vote for the same officers. The people of all the States do not vote for +all the members, each State electing only its own representatives. But +this creates no material distinction. When chosen, they are all +representatives of the United States, not representatives of the +particular State from whence they come. They are paid by the United +States, not by the State; nor are they accountable to it for any act done +in the performance of their legislative functions; and however they may in +practice, as it is their duty to do, consult and prefer the interests of +their particular constituents, when they come in conflict with any other +partial or local interest, yet it is their first and highest duty, as<span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span> a +representative of the United States, to promote the general good.</p> + +<p>The constitution of the United States, then, forms a <i>government</i>, not a +league; and whether it be formed by compact between the States, or in any +other manner, its character is the same. It is a government, in which all +the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers, as +to constitute jointly with the other States a single nation, cannot from +that period possess any right to secede, because such secession does not +break a league, but destroys the unity of a nation; and any injury to that +unity is not only a breach, which would result from the contravention of a +compact, but it is an offence against the whole Union. To say that any +State may at pleasure secede from the Union, is to say that the United +States are not a nation; because it would be a solecism to contend, that +any part of a nation might dissolve its connection with the other parts, +to their injury or ruin, without committing any offence. Secession, like +any other revolutionary act, may be morally justified by the extremity of +oppression; but to call it a constitutional right, is confounding the +meaning of terms; and can only be done through gross error, or to deceive +those, who are willing to assert a right, but would pause before they made +a revolution, or incur the penalties consequent on a failure.</p> + +<p>Because the Union was formed by compact, it is said the parties to that +compact may, when they feel themselves aggrieved, depart from it; but it +is precisely because it is a compact, that they cannot. A compact is an +agreement, or binding obligation. It may, by its terms, have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it may +be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations generally has no sanction, other than a +moral one; or, if it should contain a penalty, as there is no common +superior, it cannot be enforced. A government, on the <span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span>contrary, always +has a saction, express or implied; and in our case, it is both necessarily +implied, and expressly given. An attempt by force of arms to destroy a +government, is an offence, by whatever means the constitutional compact +may have been formed; and such government has the right, by the law of +self-defence, to pass acts for punishing the offender, unless that right +is modified, restrained, or resumed by the constitutional act. In our +system, although it is modified in the case of treason, yet authority is +expressly given to pass all laws necessary to carry its powers into +effect, and under this grant provision has been made for punishing acts, +which obstruct the due administration of the laws.</p> + +<p>It would seem superfluous to add anything to show the nature of that +Union, which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must give +some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States, than the magistrate, who now addresses you. No one would make +greater personal sacrifices, or official exertions to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of the rights they have vested +in the nation. The line has not been so distinctly drawn, as to avoid +doubts in some cases of the exercise of power. Men of the best intentions, +and soundest views, may differ in their construction of some parts of the +constitution; but there are others, on which dispassionate reflection can +leave no doubt. Of this nature appears to be the assumed right of +secession. It rests, as we have seen, on the alleged undivided sovereignty +of the States, and on their having formed, in this sovereign capacity, a +compact, which is called the constitution, from which, because they made +it, they have the right to secede. Both of these positions are erroneous, +and some of the arguments to prove them so have been anticipated.</p> + +<p>The States severally have not retained their entire sovereignty. It has +been shown, that, in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> treaties, declare war, levy taxes, exercise exclusive judicial +and legislative powers, were all of them functions of sovereign power. The +States, then, for all these purposes, were no longer sovereign. The +allegiance of their citizens was transferred, in the first instance, to +the government of the United States; they became American citizens, and +owed obedience to the constitution of the United States, and to laws made +in conformity with the powers it vested in congress. This last position +has not been, and cannot be denied. How, then, can that State be said to +be sovereign and independent whose citizens owe obedience to laws not made +by it, and whose magistrates are sworn to disregard those laws when they +come in conflict with those passed by another? What shows conclusively +that the States cannot be said to have reserved an undivided sovereignty, +is, that they expressly ceded the right to punish treason, not treason +against their separate power, but treason against the United States. +Treason is an offence against <i>sovereignty</i>, and sovereignty must reside +with the power to punish it. But the reserved rights of the States are not +less sacred because they have, for their common interest, made the general +government the depository of these powers.</p> + +<p>The unity of our political character (as has been shown for another +purpose) commenced with its very existence. Under the royal government we +had no separate character: our opposition to its oppressions began as +<i>united colonies</i>. We were the <i>United States</i> under the confederation, +and the name was perpetuated, and the Union rendered more perfect by the +federal constitution. In none of these stages did we consider ourselves in +any other light than as forming one nation. Treaties and alliances were +made in the name of all. Troops were raised for the joint defence. How, +then, with all these proofs, that under all changes of our position we +had, for designated purposes and with defined powers, created national +governments; how is it, that the most perfect of those several modes of +union should now be considered as a mere league, that may be dissolved at +pleasure? It is from an abuse of terms. “Compact” is used as synonymous +with “league,” although the true term is not employed, because it would +at<span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span> once show the fallacy of the reasoning. It would not do to say, that +our constitution was only a league; but it is labored to prove it a +compact, (which in one sense it is,) and then to argue, that, as a league +is a compact, every compact between nations must of course be a league, +and that from such an engagement every sovereign power has a right to +recede. But it has been shown, that in this sense the States are not +sovereign, and that even if they were, and the national constitution had +been formed by compact, there would be no right in any one State to +exonerate itself from its obligations.</p> + +<p>So obvious are the reasons, which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit of +all. It was produced by mutual sacrifices of interests and opinions. Can +those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the west, recall the grant? +Will the inhabitants of the inland States agree to pay the duties, that +may be imposed without their assent, by those on the Atlantic or the Gulf, +for their own benefit? Shall there be a free port in one State, and +onerous duties in another? No one believes, that any right exists, in a +single State, to involve the others in these and countless other evils, +contrary to the engagements solemnly made. Every one must see, that the +other States, in self-defence, must oppose it at all hazards.</p> + +<p>These are the alternatives, that are presented by the convention: A repeal +of all the acts for raising revenue, leaving the government without the +means of support; or an acquiescence in the dissolution of our Union by +the secession of one of its members. When the first was proposed, it was +known, that it could not be listened to for a moment. It was known, if +force was applied to oppose the execution of the laws, that it must be +repelled by force; that congress could not, without involving itself in +disgrace, and the country in ruin, accede to the proposition; and yet, if +this is not done on a given day, or if any attempt is made to execute the +laws, the State is, by the ordinance, declared to be out of the Union. The +majority of a convention assembled for the purpose have dictated these +terms, or rather this rejection of all<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> terms, in the name of the people +of South Carolina. It is true, that the governor of the State speaks of +the submission of their grievances to a convention of all the States, +which, he says, they “sincerely and anxiously seek and desire.” Yet this +obvious and constitutional mode of obtaining the sense of the other +States, on the construction of the federal compact, and amending it if +necessary, has never been attempted by those, who have urged the State on +to this destructive measure. The State might have proposed the call for a +general convention to the other States; and congress, if a sufficient +number of them concurred, must have called it. But the first magistrate of +South Carolina, when he expressed a hope, that, “on a review by congress +and the functionaries of the general government of the merits of the +controversy,” such a convention will be accorded to them, must have known, +that neither congress, nor any functionary of the general government, has +authority to call such a convention, unless it be demanded by two-thirds +of the States. This suggestion, then, is another instance of the reckless +inattention to the provisions of the constitution, with which this crisis +has been madly hurried on; or of the attempt to persuade the people, that +a constitutional remedy had been sought and refused. If the legislature of +South Carolina “anxiously desire” a general convention to consider their +complaints, why have they not made application for it, in the way the +constitution points out? The assertion, that they “earnestly seek” it, is +completely negatived by the omission.</p> + +<p>This, then, is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +Convention; that Convention has ordained that all the revenue laws of the +United States must be repealed, or that they are no longer a member of +this Union. The Governor of that State has recommended to the Legislature +the raising of an army to carry the secession into effect, and that he may +be empowered to give clearances to vessels in the name of the State. No +act of violent opposition to the laws has yet been committed, but such a +state of things is hourly apprehended; and it is the intent of this +instrument to proclaim, not only that the duty imposed on me<span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span> by the +Constitution “to take care that the laws be faithfully executed,” shall be +performed to the extent of the powers already vested in me by law, or of +such others as the wisdom of Congress shall devise and entrust to me for +that purpose, but to warn the citizens of South Carolina who have been +deluded into an opposition to the laws, of the danger they will incur by +obedience to the illegal and disorganizing ordinance of the Convention; to +exhort those who have refused to support it to persevere in their +determination to uphold the Constitution and laws of their country; and to +point out to all the perilous situation into which the good people of that +State have been led, and that the course they are urged to pursue is one +of ruin and disgrace to the very State whose rights they affect to +support.</p> + +<p>Fellow citizens of my native State, let me not only admonish you, as the +First Magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom he +saw rushing to certain ruin. In that paternal language, with that paternal +feeling, let me tell you, my countrymen, that you are deluded by men who +are either deceived themselves, or wish to deceive you. Mark under what +pretences you have been led on to the brink of insurrection and treason, +on which you stand! First, a diminution of the value of your staple +commodity, lowered by over production in other quarters, and the +consequent diminution in the value of your lands, were the sole effect of +the tariff laws.</p> + +<p>The effect of those laws was confessedly injurious, but the evil was +greatly exaggerated by the unfounded theory you were taught to believe, +that its burthens were in proportion to your exports, not to your +consumption of imported articles. Your pride was roused by the assertion +that a submission to those laws was a state of vassalage, and that +resistance to them was equal, in patriotic merit, to the opposition our +fathers offered to the oppressive laws of Great Britain. You were told +that this opposition might be peaceably—might be constitutionally made; +that you might enjoy all the advantages of the Union, and bear none of its +burthens. Eloquent appeals to your passions, to your State pride, to<span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span> your +native courage, to your sense of real injury, were used to prepare you for +the period when the mask, which concealed the hideous features of +disunion, should be taken off. It fell, and you were made to look with +complacency on objects which, not long since, you would have regarded with +horror. Look back to the arts which have brought you to this state—look +forward to the consequences to which it must inevitably lead! Look back to +what was first told you as an inducement to enter into this dangerous +course. The great political truth was repeated to you, that you had the +revolutionary right of resisting all laws that were palpably +unconstitutional and intolerably oppressive; it was added that the right +to nullify a law rested on the same principle, but that it was a peaceable +remedy! This character which was given to it, made you receive, with too +much confidence, the assertions that were made of the unconstitutionality +of the law and its oppressive effects. Mark, my fellow citizens, that, by +the admission of your leaders, the unconstitutionality must be <i>palpable</i>, +or it will not justify either resistance or nullification! What is the +meaning of the word <i>palpable</i>, in the sense in which it is here used? +that which is apparent to every one; that which no man of ordinary +intellect will fail to perceive. Is the unconstitutionality of these laws +of that description? Let those among your leaders who once approved and +advocated the principle of protective duties, answer the question; and let +them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon your confidence, and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to you. +They are not champions of liberty emulating the fame of our revolutionary +fathers; nor are you an oppressed people, contending, as they repeat to +you, against worse than colonial vassalage.</p> + +<p>You are free members of a flourishing and happy Union. There is no settled +design to oppress you. You have indeed felt the unequal operation of laws +which may have been <span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span>unwisely, not unconstitutionally passed; but that +inequality must necessily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion had commenced. The nearly approaching payment of the public +debt, and the consequent necessity of a diminution of duties, had already +produced a considerable reduction, and that, too, on some articles of +general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further alleviation +of your burthens were to be expected at the very time when the condition +of the country imperiously demanded such a modification of the duties as +should reduce them to a just and equitable scale. But, as if apprehensive +of the effect of this change in allaying your discontents, you were +precipitated into the fearful state in which you now find yourselves.</p> + +<p>I have urged you to look back to the means that were used to hurry you on +to the position you have now assumed, and forward to the consequences it +will produce. Something more is necessary. Contemplate the condition of +that country of which you still form an important part. Consider its +government uniting in one bond of common interest and general protection +so many different States—giving to all their inhabitants the proud title +of American citizens, protecting their commerce, securing their literature +and their arts; facilitating their intercommunication; defending their +frontiers; and making their name respected in the remotest parts of the +earth. Consider the extent of its territory; its increasing and happy +population; its advance in arts, which render life agreeable; and the +sciences, which elevate the mind! See education spreading the lights of +religion, morality, and general information into every cottage in this +wide extent of our Territories and States? Behold it as the asylum where +the wretched and the oppressed find a refuge and support! Look on this +picture of happiness and honor, and say—<i>we, too, are citizens of +America!</i> Carolina is one of these proud States—her arms have +defended—her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will dissolve; +this picture<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> of peace and prosperity we will deface; this free +intercourse we will interrupt; these fertile fields we will deluge with +blood; the protection of that glorious flag we renounce; the very name of +Americans we discard. And for what, mistaken men—for what do you throw +away these inestimable blessings? for what would you exchange your share +in the advantages and honor of the Union? For the dream of separate +independence—a dream interrupted by bloody conflicts with your neighbors, +and a vile dependence on a foreign power. If your leaders could succeed in +establishing a separation, what would be your situation? Are you united at +home—are you free from the apprehension of civil discord, with all its +fearful consequences? Do our neighboring republics, every day suffering +some new revolution, or contending with some new insurrection—do they +excite your envy? But the dictates of a high duty obliges me solemnly to +announce that you cannot succeed. The laws of the United States must be +executed. I have no discretionary power on the subject—my duty is +emphatically pronounced in the Constitution. Those who told you that you +might peaceably prevent their execution, deceived you—they could not have +been deceived themselves. They know that a forcible opposition could alone +prevent the execution of the laws, and they know that such opposition must +be repelled. Their object is disunion; but be not deceived by names; +disunion, by armed force, is <i>treason</i>. Are you really ready to incur its +guilt? If you are, on the heads of the instigators of the act be the +dreadful consequences—on their heads be the dishonor, but on yours may +fall the punishment; on your unhappy State will inevitably fall all the +evils of the conflict you force upon the government of your country. It +cannot accede to the mad project of disunion, of which you would be the +first victims—its First Magistrate cannot, if he would, avoid the +performance of his duty; the consequences must be fearful for you, +distressing to your fellow citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal—it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of <span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span>malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union, to +support which so many of them fought, and bled, and died.</p> + +<p>I adjure you, as you honor their memory—as you love the cause of freedom, +to which they dedicated their lives—as you prize the peace of your +country, the lives of its best citizens, and your own fair fame, to +retrace your steps. Snatch from the archives of your State the +disorganizing edict of its Convention—bid its members to re-assemble, and +promulgate the decided expressions of your will to remain in the path +which alone can conduct you to safety, prosperity, and honor. Tell them +that, compared to disunion, all other evils are light, because that brings +with it an accumulation of all. Declare that you will never take the field +unless the star spangled banner of your country shall float over you; that +you will not be stigmatized when dead, and dishonored and scorned while +you live, as the authors of the first attack on the Constitution of your +country. Its destroyers you cannot be. You may disturb its peace—you may +interrupt the course of its prosperity—you may cloud its reputation for +stability, but its tranquility will be restored, its prosperity will +return, and the stain upon its national character will be transferred, and +remain an eternal blot on the memory of those who caused the disorder.</p> + +<p>Fellow citizens of the United States! The threat of unhallowed +disunion—the names of those once respected, by whom it is uttered—the +array of military force to support it—denote the approach of a crisis in +our affairs, on which the continuance of our unexampled prosperity, our +political existence, and perhaps that of all free governments, may depend. +The conjuncture demanded a free, a full, and explicit enunciation, not +only of my intentions, but of my principles of action; and the claim was +asserted of a right by a State to annul the laws of the Union, and even to +secede from it at pleasure, a frank exposition of my opinions in relation +to the origin and form of our government, and the construction I<span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span> give to +the instrument by which it was created, seemed to be proper. Having the +fullest confidence in the justness of the legal and constitutional opinion +of my duties, which has been expressed, I rely, with equal confidence, on +your undivided support in my determination to execute the laws—to +preserve the Union by all constitutional means—to arrest, if possible, by +moderate but firm measures, the necessity of a recourse to force; and, if +it be the will of Heaven, that the recurrence of its primeval curse on man +for the shedding of a brother’s blood should fall upon our land, that it +be not called down by any offensive act on the part of the United States.</p> + +<p>Fellow-citizens! the momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessings +it secures to us as one people, shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that the +prudence, the wisdom, and the courage which it will bring to their +defence, will transmit them unimpaired and invigorated to our children.</p> + +<p>May the great Ruler of Nations grant that the signal blessings with which +he has favored ours, may not, by the madness of party or personal +ambition, be disregarded and lost; and may His wise providence bring those +who have produced this crisis to see their folly, before they feel the +misery of civil strife, and inspire a returning veneration for that Union, +which, if we may dare to penetrate his designs, he has chosen as the only +means of attaining the high destinies to which we may reasonably aspire.</p> + +<p>In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand.</p> + +<p>Done at the city of Washington, this 10th day of December, in the year of +our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh.</p> + +<p><span style="margin-left: 2em;">ANDREW JACKSON.</span></p> + +<p>By the President:<br /> +<span style="margin-left: 2em;">EDW. LIVINGSTON, <i>Secretary of State</i>.</span></p> + + +<p> <span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span></p> + +<p>Comment upon the imperishable document just quoted is entirely +unnecessary. It speaks for itself in thundering tones that strikes terror +to the traitor’s heart. Mark the clear and lucid reasoning,<small><a name="f3.1" id="f3.1" href="#f3">[3]</a></small> the kind, +paternal advice, the bold and manly warning that pervades this production, +of the true, noble, honored patriot of the Hermitage.</p> + +<p>For the purpose of contrasting the administration of Andrew Jackson, +during the convulsion of 1832-’33, with that of James Buchanan, during our +present similar condition, we will give a brief summary of the course +pursued by the former:</p> + +<p>On the 24th day of November, previous to the issuing of President +Jackson’s proclamation, South Carolina had, through her convention, +effectually declared herself out of the Union, by an ordinance that was to +take effect on the first day of February, 1833. The President, being +apprehensive of trouble in collecting the duties imposed by congress in +the various ports of South Carolina, and more especially at Charleston, +dispatched, through his secretary of the treasury, Louis McLean, +confidential orders of the most strict and positive character, to the +collectors at the several ports of entry.</p> + +<p>He writes to James K. Prinkle, Esq., collector at Charleston, ordering him +to use the utmost firmness and vigilence in seeing the laws promptly +executed in every particular. He<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span> ordered the revenue cutter Alert to +proceed to Charleston, and, in writing to Mr. Prinkle, he says, you will, +moreover, cause the officers of the cutter (showing that there were others +at hand), under your direction, to board all vessels departing from the +port of Charleston, and in case any shall be found without having been +regularly entered and cleared in the manner required by law, to seize and +detain the same, to be prosecuted according to law. The number of +assistants and employees were greatly increased, and every precaution +taken to prevent a surprise. But as time rolled around South Carolina, not +having penetrated the purposes of President Jackson sufficiently to +understand his position, felt confident in her final success, and was +defiant in her attitude. She began to collect her army that was to defeat +the government of the United States. She had appealed to her sister States +to aid her in sustaining her position. Dissatisfaction had already began +to show itself in various other sections of the country. The President +beheld the dangers and felt the responsibility resting upon him, and on +the 10th day of December he issued his Proclamation, declaring his +unalterable purpose to enforce the laws and collect the duties, and above +all to stand by the Constitution and the Union to the last, and warning +those who were precipitating their country into a civil war to beware of +the consequences and fearful responsibility they would incur by a +continuance in their reckless course.</p> + +<p>But South Carolina had gone too far to be silenced by any ordinary means. +She continued her preparations, still hoping that she could spread +disaffection into other portions of the country sufficient to frighten the +government into granting her demands, and many of the true friends of the +Union trembled for its safety, so wide-spread was the sympathy South +Carolina had enlisted. Many members of Congress were ready with their +measures of pacification, each anxious to become the instrument of +settling the difficulty, and perhaps immortalize his name. The horrors of +civil war were as freely discussed as at the present day. Numerous were +those who were ready and willing to sacrifice everything, even the dignity +of the nation, to avert the dreadful calamity. But where was the brave +Jackson? He was at the helm of the<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> great ship of State, and although the +storm was raging, and the billows threatening to engulf her or dash her to +fragments on the inhospitable shore of anarchy, yet the brave old hero, +with the Constitution for his guide and the God of liberty for his +counselor, bid defiance to the mutineers who were threateningly assembled +around him.</p> + +<p>On the 16th day of December he sent a special message to Congress asking +for additional legislation for the purpose of meeting the exigency, he +reminding them of their sworn duty to protect the Constitution from every +encroachment, and appealed to their patriotism, and urged them, as true +Americans, to stand firmly by their country. Congress promptly responded +to the call, and the President thus prepared continued the collection of +customs uninterruptedly, and preserved the honor and dignity of the +nation.</p> + +<p>South Carolina, after much blustering and threatening, quieted down, and +it is to be hoped that many of the leaders of the rebellion lived to see +the folly of their acts and the wisdom of the President.</p> + +<p>But let us look for a moment at the course James Buchanan has pursued. It +is now over a year since men occupying high places in the government began +to publicly avow their determination to destroy this government and +involve all in one common ruin. Public speeches and the press of the +country have all proclaimed the determination of certain partain parties +to break up this Union. Conventions have been held and resolutions passed +declaring certain States out of the Union. Arsenals have been seized, +forts have been taken by bodies of armed men, public property confiscated, +and an unarmed steamer, bearing the flag of the nation, has been fired +into for attempting to comply with government orders—collectors of +customs are arrested and tried for treason for performing their duty. The +free navigation of the Mississippi is prevented; American citizens are +driven out of several of the States while peaceably attending to their +legitimate business, and some of the more unfortunate have suffered +tarring and feathering, whipping, scourging and even death at the hands of +those acting under authority, or at least within the knowledge of the +authorities of the several<span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span> States; and yet, after all the enumerated +outrages, sufficient to disgrace even the half-civilized nation of +Morocco, not one word of unqualified rebuke has James Buchanan uttered +against those committing these outrages, not only against our government +but the very name of humanity. Surrounded by treason in his own +cabinet,<small><a name="f4.1" id="f4.1" href="#f4">[4]</a></small> he has looked quietly on while his Secretary of War supplied +the insurgents with government arms. Open and defiant traitors have been +his daily counselors, while his imbecile, undecided course gives no one +confidence in his future policy. Treason is now openly and boldly +perpetrated throughout at least one-third of the entire country without +the least restraint from any source whatever.</p> + +<p>If there is to be found within the pages of history where the government +of a great, powerful and prosperous nation suffered treason to spread over +one-third of the entire country, coupled with the open and revolting acts +of violence that have characterized this rebellion, without the first +attempt to check its destructive progress, it is not within the range of +my knowledge.</p> + +<p>Although the grounds for argument to show that this government was +established by the people collectively of the whole country, (and not by +the several States, as claimed by some,) and that it can only be +rightfully altered or abolished by a constitutional majority of the same +power that established it, would seem to have been entirely gone over, +nevertheless we propose to introduce the additional evidence of that +noble, honored statesman, and able constitutional expounder, Daniel +Webster.</p> + +<p>On the 21st day of January, 1830, Mr. Hayne delivered in the Senate of the +United States a very able speech advocating the right of the various +States to nullify the laws of Congress in certain contingencies, or what +might be more properly called the South Carolina doctrine, embracing the +right to nullify the laws of Congress, or declare herself out of the Union +at pleasure. His speech was considered a complete<span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span> succces by the +advocates of his sentiments, and was thought by them an unanswerable +vindication of those principles, and when Mr. Webster undertook the task +of replying to Mr. Hayne, he was met with jeers by the friends of +nullication; but as the volume of his reasoning began to unfold itself, +all eyes were attentively turned toward the speaker. After proceeding to +state the grounds upon which was founded the pretended right to nullify +the acts of Congress, Mr. Webster said:</p> + +<div class="blockquot"><p>“This leads us to inquire into the origin of this government and the +source of its power. Whose agent is it? Is it the creature of the +State legislatures, or the creature of the people? If the government +of the United States be the agent of the State governments, then they +may control it, provided they can agree in the manner of controlling +it; if it is the agent of the people, then the people alone can +control it, restrain it, modify or reform it. It is observable enough, +that the doctrine for which the honorable gentleman contends leads him +to the necessity of maintaining, not only that this general government +is the creature of the States, but that it is the creature of each of +the States severally; so that each may assert the power, for itself, +of determining whether it acts within the limits of its authority. It +is the servant of four and twenty masters, of different wills and +purposes; and yet bound to obey all. This absurdity (for it seems no +less) arises from a misconception as to the origin of this government, +and its true character. It is, sir, the people’s constitution, the +people’s government; made for the people; made by the people; and +answerable to the people. The people of the United States have +declared that this constitution shall be the supreme law. We must +either admit the proposition, or dispute their authority. The States +are unquestionably sovereign, so far as their sovereignty is not +affected by this supreme law. The State legislatures, as political +bodies, however sovereign, are yet not sovereign over the people. So +far as the people have given power to the general government, so far +the grant is unquestionably good, and the government holds of the +people, and not of the State<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span> governments. We are all agents of the +same supreme power, the people. The general government and the State +governments derive their authority from the same source. Neither can, +in relation to the other, be called primary; though one is definite +and restricted, and the other general and residuary.</p> + +<p>“The national government possesses those powers which it can be shown +the people have conferred on it, and no more. All the rest belongs to +the State governments, or to the people themselves. So far as the +people have restrained State sovereignty by the expression of their +will, in the constitution of the United States, so far, it must be +admitted, State sovereignty is effectually controlled. I do not +contend that it is, or ought to be, controlled further. The sentiment +to which I have referred propounds that State sovereignty is only to +be controlled by its own ‘feelings of justice;’ that is to say, it is +not to be controlled at all; for one who is to follow his feelings, is +under no legal control. Now, however men may think this ought to be, +the fact is, that the people of the United States have chosen to +impose control on State sovereignties. The constitution has ordered +the matter differently from what this opinion announces. To make war, +for instance, is an exercise of sovereignty; but the constitution +declares that no State shall make war. To coin money is another +exercise of sovereign power; but no State is at liberty to coin money. +Again, the constitution says, that no sovereign State shall be so +sovereign as to make a treaty. These prohibitions, it must be +confessed, are a control on the State sovereignty of South Carolina, +as well as of the other States, which does not arise ‘from feelings of +honorable justice.’ Such an opinion, therefore, is in defiance of the +plainest provisions of the constitution.”</p></div> + +<p>Mr. Webster proceeded to investigate the South Carolina doctrine as it was +then termed; he referred to the resolutions of Pennsylvania and Kentucky +declaring the tariff laws constitutional, while in South Carolina the same +laws were declared to be a palpable, deliberate usurpation of power by +Congress; and in speaking of the absurdity of allowing each State to +decide in such cases, he said:</p> + +<div class="blockquot"><p><span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span>“If there be no power to settle such questions, independent of either +of the States, is not the whole Union a rope of sand? Are we not +thrown back again precisely upon the old confederation?</p> + +<p>“It is too plain to be argued. Four and twenty interpreters of +constitutional law, each with a power to decide for itself, and none +with authority to bind anybody else, and this constitutional law the +only bond of their union! What is such a state of things but a mere +connection during pleasure, or, to use the praseology of the times, +<i>during feeling</i>? And that feeling, too, not the feeling of the people +who established the constitution, but the feeling of the State +governments.”</p></div> + +<p>In referring to remarks made by Mr. Hayne, concerning what Mr. Hillhouse +should have said about not being bound to obey an unconstitutional law, +Mr. Webster says:</p> + +<div class="blockquot"><p>“He quotes that distinguished senator as saying, that in his judgment +the embargo law was unconstitutional, and that, therefore, in his +opinion, the people were not bound to obey it.</p> + +<p>“That, sir, is perfectly constitutional language. As unconstitutional +law is not binding; <i>but then it does not rest with a resolution or a +law of a State legislature to decide whether an act of congress be or +be not constitutional</i>. An unconstitutional act of congress would not +bind the people of this District although they have no legislature to +interfere in their behalf; and, on the other hand, a constitutional +law of congress does bind the citizens of every State, although all +their legislatures should undertake to annul it, by act or resolution. +The venerable Connecticut senator is a constitutional lawyer, of sound +principles and enlarged knowledge; a statesman practiced and +experienced, bred in the company of Washington, and holding just views +upon the nature of our governments. He believed the embargo +unconstitutional, and so did others; but what then? Who did he suppose +was to decide that question? The State legislature? Certainly not. No +such sentiment ever escaped his lips.”</p></div> + +<p><span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span>Mr. Webster went on to ask from whence this supposed right of the States +came? Where did they get the power to interfere with the laws of the +Union? He contended that the notion was founded in a misapprehension of +the origin of this government and of the foundation on which it stands. I +hold, said he, this to be a popular government, erected by the people, +those who administer it responsible to the people, and itself capable of +being amended and modified just as the people may choose it should be.</p> + +<div class="blockquot"><p>“It is as popular, just as truly emenating from the people, as the +State governments. It is created for one purpose; the State +governments for another. It has its own powers; they have theirs. +There is no more authority with them to arrest the operation of a law +of congress, than with congress to arrest the operation of their laws. +We are here to administer a constitution emenating immediately from +the people, and trusted by them to our administration. It is not the +creature of the State governments. It is of no moment to the argument +that certain acts of the State legislatures are necessary to fill our +seats in this body. That is not one of their original State powers, a +part of the sovereignty of the State. It is a duty which the people, +by the constitution itself, have imposed on the State legislatures, +and which they might have left to be performed elsewhere, if they had +seen fit. So they have left the choice of president with electors; but +all this does not affect the proposition that this whole +government—president, senate and house of representatives—is a +popular government. It leaves it still all its popular character. The +governor of a State (in some of the States) is chosen not directly by +the people for the purpose of performing, among other duties, that of +electing a governor. Is the government of the State on that account +not a popular government? This government, sir, is the independent +offspring of the popular will. It is not the creature of State +legislatures; nay, more, if the whole truth must be told, the people +brought it into existence, established it, and have hitherto supported +it, for the very purpose, amongst others, of imposing certain salutary +restraints on State sovereignties.<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> The States cannot now make war; +they cannot contract alliances; they cannot make, each for itself, +separate regulations of commerce; they cannot lay imposts; they cannot +coin money. If this constitution, sir, be the creature of State +legislatures, it must be admitted that it has obtained a strange +control over the volition of its creators.”</p></div> + +<p>Mr. Webster then proceeded to show that when the people erected this +government they gave it a Constitution, and in that Constitution they +enumerated the powers which they bestowed on it. That they had made it a +limited government, and defined its authority and restrained it to the +exercise of such powers as were granted, and all others were reserved to +the States or the people. But they did not stop there, being aware that no +Constitution could be so plainly written but what there would be a +difference of opinion on the construction of some points, consequently +they (the people) in order to avoid a recurrence of the difficulties +experienced under the old confederacy and render the laws of Congress +effective and binding upon all parties without applying to State +authority, thus rendering the government complete within itself, declared +the Constitution and the laws of the United States, made in pursuance +thereof, should be the supreme law of the land. In referring to the +tribunal in which to decide questions arising under the Constitution, Mr. +Webster said:</p> + +<div class="blockquot"><p>“But, sir, the people have wisely provided, in the constitution +itself, a proper, suitable mode and tribunal for settling questions of +constitutional law. There are, in the constitution, grants of powers +to congress, and restrictions on those powers. There are also +prohibitions on the States. Some authority must therefore necessarily +exist, having the ultimate jurisdiction to fix and ascertain the +interpretation of these grants, restrictions, and prohibitions. The +constitution has itself pointed out, ordained, and established that +authority. How has it accomplished this great and essential end? By +declaring, sir, that ‘<i>the constitution and the laws of the United +States, made in pursuance thereof, shall be the supreme<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span> law of the +land, anything in the constitution or laws of any State to the +contrary notwithstanding</i>.’</p> + +<p>“This, sir, was the first great step. By this, the supremacy of the +constitution and laws of the United States is declared. The people so +will it. No State law is to be valid which comes in conflict with the +constitution or any law of the United States. But who shall decide +this question of interference? To whom lies the last appeal? This, +sir, the constitution itself decides also, by declaring ‘<i>that the +judicial power shall extend to all cases arising under the +constitution and laws of the United States</i>.’ These two provisions, +sir, cover the whole ground. They are, in truth, the keystone of the +arch. With these it is a government; without them it is a confederacy. +In pursuance of these clear and express provisions, congress +established, at its very first session, in the judicial act, a mode +for carrying them into full effect, and for bringing all questions of +constitutional power to the final decision of the supreme court. It +then, sir, became a government. It then had the means of +self-protection; and but for this, it would, in all probability, have +been now among things which are passed. Having constituted the +government, and declared its powers, the people have further said, +that since somebody must decide on the extent of these powers, the +government shall itself decide—subject always like other popular +governments, to its responsibility to the people. And now, sir, I +repeat, how is it that a State legislature acquires any right to +interfere? Who, or what, gives them the right to say to the people, +‘We, who are your agents and servants for one purpose, will undertake +to decide, that your other agents and servants, appointed by you for +another purpose, have transcended the authority you gave them?’ The +reply would be, I think, not impertinent, ‘Who made you a judge over +another’s servants. To their own masters they stand or fall.’”</p></div> + +<p>He then went on to show that a State could not make treason against the +United States legal, and, says he, when I maintain these sentiments, I am +but asserting the rights of the people; I state what they have declared +and insisted on<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span> as their right to declare it. They have chosen to repose +this power in the general government, and I think it my duty to support it +like other Constitutional powers.</p> + +<p>In referring to the importance of having but one tribunal, whose decisions +should be final—Sir, said he:</p> + +<div class="blockquot"><p>“If we look to the general nature of the case, could any thing have +been more preposterous than to have made a government for the whole +Union, and yet left its powers subject, not to one interpretation, but +to thirteen or twenty-four interpretations? Instead of one tribunal, +established by all, responsible to all, with power to decide for all, +shall constitutional questions be left to four and twenty popular +bodies, each at liberty to decide for itself, and none bound to +respect the decisions of others; and each at liberty, too, to give a +new construction, on every new election of its own members? Would any +thing, with such a principle in it, or rather with such a destitution +of all principle, be fit to be called a government? No, sir. It should +not be denominated a constitution. It should be called, rather, a +collection of topics for everlasting controversy; heads of debate for +a disputatious people. It would not be a government. It would not be +adequate to any practical good, nor fit for any people to live under.”</p></div> + +<p>Mr. Hayne, already overborne with the overwhelming and unanswerable +arguments, was yet destined to receive the most cutting rebuke from his +vanquisher. Mr. Webster said:</p> + +<div class="blockquot"><p>“And now, Mr. President, let me run the honorable gentleman’s doctrine +a little into its practical application. Let us look at his probable +<i>modus operandi</i>. If a thing can be done, an ingenious man can tell +<i>how</i> it is to be done. Now, I wish to be informed <i>how</i> this State +interference is to be put in practice. We will take the existing case +of the tariff law. South Carolina is said to have made up her opinion +upon it. If we do not repeal it, (as probably we shall not,) she will +then apply to the case the remedy of her doctrine. She will, we must +suppose, pass a law of her legislature, declaring the<span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span> several acts of +congress, usually called the tariff laws, null and void, so far as +they respect South Carolina, or the citizens thereof. So far, all is a +paper transaction, and easy enough. But the collector at Charleston is +collecting the duties imposed by these tariff laws—he, therefore, +must be stopped. The collector will sieze the goods if the tariff +duties are not paid. The State authorities will undertake their +rescue: the marshal, with his posse, will come to the collector’s aid; +and here the contest begins. The militia of the State will be called +out to sustain the nullifying act. They will march, sir, under a very +gallant leader; for I believe the honorable member himself commands +the militia of that part of the State. He will raise the <i>nullifying +act</i> on his standard, and spread it out as his banner. It will have a +preamble, bearing that the tariff laws are palpable, deliberate, and +dangerous violations of the constitution. He will proceed, with his +banner flying, to the custom house in Charleston—</p> + +<p class="poem"><span style="margin-left: 7em;">“all the while</span><br /> +Sonorous metal blowing martial sounds.”</p> + +<p>Arrived at the custom house, he will tell the collector that he must +collect no more duties under any of the tariff laws. This he will be +somewhat puzzled to say, by the way, with a grave countenance, +considering what hand South Carolina herself had in that of 1816. But, +sir, the collector would, probably, not desist at his bidding. Here +would ensue a pause; for they say, that a certain stillness precedes +the tempest. Before this military array should fall on custom house, +collector, clerks, and all, it is very probable some of those +composing it would request of their gallant commander-in-chief to be +informed a little upon the point of law; for they have doubtless a +just respect for his opinions as a lawyer, as well as for his bravery +as a soldier. They know he has read Blackstone and the constitution, +as well as Turenne and Vauban. They would ask him, therefore, +something concerning their rights in this matter. They would inquire +whether it was not somewhat dangerous to resist a law of the United +States. What would be the nature of their offence, they would wish to +learn, if they, by military force and array, <span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span>resisted the execution +in Carolina of a law of the United States, and it should turn out, +after all, that the law <i>was constitutional</i>. He would answer, of +course, treason. No lawyer could give any other reason. John Fries,<small><a name="f5.1" id="f5.1" href="#f5">[5]</a></small> +he would tell them, had learned that some years ago. How, then, they +would ask, do you propose to defend us? We are not afraid of bullets, +but treason has a way of taking people off that we do not much relish. +How do you propose to defend us? ‘Look at my floating banner,’ he +would reply; ‘see there the <i>nullifying law</i>!’ Is it your opinion, +gallant commander, they would then say, that if we should be indicted +for treason, that some floating banner of yours would make a good plea +in bar? ‘South Carolina is a sovereign State,’ he would reply. That is +true; but would the judge admit our plea? ‘These tariff laws,’ he +would repeat, ‘are unconstitutional, palpably, deliberately, +dangerously.’ That all may be so; but if the tribunals should not +happen to be of that opinion, shall we swing for it? We are ready to +die for our country, but it is rather an awkward business, this dying +without touching the ground. After all, this is a sort of <i>hemp</i>-tax, +worse than any part of the tariff.</p> + +<p>“Mr. President, the honorable gentleman would be in a dilemma like +that of another great general. He would have a knot before him which +he could not untie. He must cut it with his sword. He must say to his +followers, defend yourselves with your bayonets; and this is +war—civil war.”</p></div> + +<p>Mr. Webster continued to show that to resist by force the execution of a +law of the United States was treason, and that the Courts of the United +States could take no notice of a State law to authorize persons to commit +that grave crime. Said he, the common saying that a State cannot commit +treason herself, is nothing to the purpose. Can it authorize others to do +so? If John Fries<small><a href="#f5">[5]</a></small> had produced an act of Pennsylvania<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> annulling the +law of Congress, would it have helped his case? Talk about it as we will, +these doctrines go the whole length of revolution. They are incompatible +with any peaceable administration of the government. They lead directly to +disunion and civil commotion, and therefore it is, that at the +commencement, when they are first found to be maintained by respectable +men, and in a tangible form, that I enter my protest against them all. Mr +Webster proceeded to show that the people of the United States have not +chosen the State authorities as their guardians against encroachments from +the general government. Said he:</p> + +<div class="blockquot"><p>“Sir, the people have not trusted their safety, in regard to the +general constitution, to these hands. They have required other +security, and taken other bonds. They have chosen to trust themselves, +first to the plain words of the instrument, and to such construction +as the government, itself, in doubtful cases, should put on its own +powers, under their oaths of office, and subject to their +responsibility to them; just as the people of a State trust their own +State governments with a similar power. Secondly, they have reposed +their trust in the efficacy of frequent elections, and in their own +power to remove their own servants and agents, whenever they see +cause. Thirdly, they have reposed trust in the judicial power, which, +in order that it might be trustworthy, they have made as respectable, +as disinterested, and as independent as practicable. Fourthly, they +have seen fit to rely, in case of necessity, or high expediency, on +their known and admitted power to alter or amend the constitution, +peaceably and quietly, whenever experience shall point out defects or +imperfections. And finally, the people of the United States have<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span> at +no time, in no way, directly or indirectly, authorized any State +legislature to construe or interpret <i>their</i> instrument of government; +much less to interfere, by their own power, to arrest its course and +operation.</p> + +<p>“If, sir, the people in these respects had done otherwise than they +have done their constitution could neither have been preserved nor +would it have been worth preserving. And if its plain provisions shall +now be disregarded, and these new doctrines interpolated in it, it +will become as feeble and helpless a being as enemies, whether early +or more recent, could possibly desire. It will exist, in every State, +but as a poor dependent on State permission. It must borrow leave to +be, and will be no longer than State pleasure, or State discretion +sees fit to grant the indulgence and to prolong its poor existence.</p> + +<p>“But, sir, although there are fears, there are hopes also. The people +have preserved this their own chosen Constitution for forty years, and +seen their happiness, prosperity and renown grow with its growth, and +strengthen with its strength. They are now generally strongly attached +to it. Overthrown by direct assault, it cannot be; evaded, undermined, +<i>nullified</i> it will not be, if we and those who succeed us here, as +agents and representatives of the people shall conscientiously and +vigilantly discharge the two great branches of our public trust +faithfully to preserve and wisely to administer it.”</p></div> + +<p>We believe that after perusing the evidence already advanced, every +reasonable, unprejudiced person must come to the conclusion that the +fathers of our country established the government of the United States +with the full understanding and intent that it should be supreme, so far +as its delegated authority extended. That it was a unit and capable of +sustaining itself by force, if necessary. Mr. Madison’s views are +repeatedly expressed on this point, explaining the advantages of +conferring sufficient powers upon the general government to enable it to +suppress internal violence and insurrection, thus providing against the +civil commotion that had overthrown other republics of a weaker and less +binding<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span> obligation on the part of the members composing them. See pages +24, 25 and 26 of this book. The papers here referred to are the more +important on account of being written while the question of adoption or +rejection of the Constitution was being discussed before the people. +Again, on pages 30 to 32, the defects and imperfections of the old +confederation in relation to the principles of legislation for the States +in their collective capacities, showing more fully that the intention was +to create a <i>government for the people of the United States</i> that should +be binding on all persons, or combination of persons, for all time to +come. And again, on page 34, is another quotation from the joint +production of Madison, Jay and Hamilton, showing that the government was +expected to reach individuals without the aid, and independent of, State +authority. And still another quotation, on pages 35 and 36, goes to show +that there was a full understanding that the people were conferring +certain powers upon the general government, and of course taking them from +the States for the purpose of forming one great, inseparable and +indissoluble nation. There is not a particle of evidence to prove that the +people contemplated reserving or recognizing any State distinction or +State sovereignty, so far as the powers of the general government were +concerned; but the whole drift of evidence goes to show that they were +conscious of the necessity of uniting themselves under one grand +government, making themselves one people, reserving only to the States or +themselves such powers as were thought necessary to regulate their local +affairs, leaving the States in nearly the same relation to the general +government that a city municipality is to the government of the State in +which it is located; but all must owe obedience to the government of the +United States.</p> + +<p>But this is not all the evidence we have on this subject. As we review the +history of the government, we find that Washington, Jackson, Webster, +Clay, and in fact nearly every statesman of any prominence in our +political history have either by their acts or words committed themselves +to this same policy. The proclamation of General Jackson, and the extracts +given of Mr. Webster’s arguments, are the key-stone<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> to the arch; they are +both conclusive in themselves, and comment by me would be but a weak +advocate of their masterly and unanswerable arguments, hence I close the +subject, conscious of having proven to the satisfaction of myself at +least, and, I trust, to some of my doubting Democratic friends and +weak-hearted Republican brethren, that we at least have a government, +established by our forefathers, constituting us one nation, one people, +with one common country and destiny. Whether we shall be found brave +enough to defend it and perpetuate it is a question which the God of +nations only knows, and time alone will reveal to man.</p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span></p> +<h2>THE UNION.</h2> + +<p>Shall this Union he maintained, or shall it be dissolved? are questions +that are the all absorbing topics of conversation amongst all classes of +people, through the length and breadth of our entire country. There seems +to be a great lack of firmness and decision at this time, in relation to +the proper course to be pursued in view of the momentous question now +about to be presented, discussed and decided upon by the American people.</p> + +<p>While true men are thus dumfounded and amazed; I might say silenced with +almost a paralyzing astonishment at the daring and rapid movements of the +internal enemies to our country; the eyes of the civilized world are +turned towards us, and every true friend of liberty and human progression +is awaiting our decision upon this grave question, with an almost +breathless suspense. In view of this state of things, what course shall we +pursue in order to acquit ourselves honarably and preserve our nation from +the ruin that seems threatening to blot out the only guarantee that there +is such a government as “The United States?” There can be but one answer +to this from every true American patriot, and that is, that every attempt +to break up this government, let it come from few or many, will be met, be +the consequences what they may. The <i>integrity</i> of this Union must and +shall be maintained, should be the watch-word of every man, woman and +child that values the blessing of liberty under which we have prospered as +individuals and as a nation. It is contended by some that it is better to +allow those States that choose to secede to go in peace than to enter into +a civil war, the end of which no man can foretell. This would look very +plausible were it not that there is a principle at stake which is at the +very foundation of every <span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span>Democratic government, and without the +maintenance of this vital principle self-government is but a farce and a +deception. And what is this principle? Why it is nothing more nor less +than compelling the minority to submit to the constitutional acts of the +majority. Now, who will pretend that a Democratic government can be +sustained without this principle is both recognized and, if necessary, +enforced?</p> + +<p>I am not one of those who think that the question of slavery is the great +and only cause of our present troubles; far from it, you may banish every +vestige of slavery from our country, and other differences of opinion will +rise up, and cause other disputes equally as difficult to settle. Nor is +the extent of our country, or the variety of the climate to be charged +with our difficulties, for even in our city and State elections we find +there is a wide difference of opinion, which results in crimination and +recrimination. The same will be found in the various school districts and +in many of the churches. Where ever there is a government there must and +will be a difference of opinion. It is not to be expected that we will all +agree in relation to the various schemes that are presented from time to +time for our consideration. But shall we revolt and overthrow the +government because our pet scheme is defeated? If not, then should we +allow others to involve us in one common ruin because of their defeat? +There would be no end to this rebellious spirit if the obligation to +submit to a constitutional election was removed. What would be the result +of giving way to those who are now threatening our peace? Would not every +other community have the same right; and we having once granted the right +by allowing a portion of the nation to set up an independent government, +how could we in justice punish those who choose to go and do likewise? +State governments will have the same difficulty to contend against that +the United States have now, and instead of strength and prosperity we will +be weak and divided and without honor at home or abroad.</p> + +<p>I think that every sane man will agree with me when I say that it is much +better to meet on one grand battle field and settle this question at once +than to dodge the responsibility for the present, only to allow dissention +to spread broad cast<span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span> over the land. When this great nation has been torn +into fragments by this ranting, ungovernable spirit, we, or our children, +will have to enforce this great principle, that some of our best meaning +friends are willing to abandon for the sake of peace.</p> + + +<p> </p> +<p class="center">THE EFFECT OF A WAR TO SUSTAIN OUR GOVERNMENT.</p> + +<p>The effect of a war to sustain our government would be to plant the seed +of true patriotism in the breast of every law-abiding and liberty-loving +citizen of America. We should be able to contrast the two extremes of our +unheard of prosperity and the miseries and horrors of civil war—which of +itself would do much towards insuring peace for centuries to come. Let +those who expect that we love peace so well, or dread war so much as to +allow them to bid defiance to all laws, learn that they are mistaken; that +we are not the degenerate sons of a noble ancestry, but knowing our rights +and loving our country, we are determined to defend them against every +encroachment, and we will hear no more threats about disunion or rebellion +in consequence of a political defeat. We shall then have established +beyond a controversy that the minority must and shall submit to the +constitutional acts of the majority. We will then have established in the +minds of the civilized world that our government is not one of straw, but +that it is not only capable of vindicating its honor in defiance of +foreign foes, but it is equally able to chastise those who rebel against +its authority at home. War would be to our political system, what the +thunderstorm is to the atmosphere. Its purifying influences would be +manifested by inspiring new life, vigor and purity into everything that +surrounds us. Political demagogues will be cast aside as unfit for public +confidence, and better and more patriotic men will spring up from among +the masses who will have before them the history of the troubles through +which their country has passed as lesson and a warning to shun a like +calamity.</p> + +<p>We have heretofore shown ourselves to be equal to our undertakings, and +now when the great crisis in our national affairs is at hand, and the eyes +of the friends of liberty<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> throughout the civilized world are gazing upon +us with the deepest anxiety, shall we be found unworthy of the liberties +we enjoy? Should we be found unfaithful to the trust imposed on us by our +forefathers? We would be the just object of scorn and contempt, and the +historian who shall undertake the task of writing the true history of the +rise and fall of the American government, will have the painful duty of +drawing the contrast between the noble and patriotic heroes who +established it, and the cowardly, selfish and unprincipled traitors who +became its destroyers.</p> + + +<p> </p> +<p class="center">SHALL THE PEOPLE RULE?</p> + +<p><span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span>This question is frequently asked by those who are encouraging the +Southern rebellion. I answer, most emphatically, in the affirmative. But +let us see who the people are. It is plain that the people of a State are +not those of one or more of the counties, unless the people of those +counties are a majority of all the people in the State. Now the +Constitution of the United States comes from the people of all the States, +consequently it will be perceived that they alone and not the people of +one State have the right to alter or abolish it. As well might the people +of Indianapolis declare the Constitution of the State of Indiana null and +void, as for the people of one State to declare this Union dissolved. It +is true that men talk about “States’ rights,” “the equality of the +States,” and in fact invent every manner of argument for the purpose of +shielding those who are committing treason against the government of the +United States, but where is the clause of the constitution that discloses +any such sentiments? There is none, but on the other hand we find the most +positive proof that the framers of that article intended that we should be +one great nation, and to secure us against the liability of sudden and +unnecessary changes they provided that in order to amend the constitution +the consent of three-fourths of all the States were necessary, hence it +will be perceived that a simple majority of the people of the United +States could not amend the constitution, much less declare it null and +void.</p> + +<p>In view of this wise provision so necessary to secure stability to our +government, how rediculous it is to talk about a single State declaring +this Union dissolved against the well-known wish of four-fifths of all the +people of our entire country. The thing is absurd in the extreme and +should not be entertained for a moment, for such a principle once +established would be the end of all constitutional governments. But +suppose we grant the independence of such States as choose to withdraw +from the Union. In order to do this we must amend the constitution so as +to empower Congress to act upon the matter, and until then, every member +of Congress is bound to stand by the constitution as it is, for there is +no power granted them to treat with a portion of this nation as an +independent sovereign power. The framers of the Constitution did not grant +Congress any more than a State the right to dismember or dissolve the +Union. And who would for a moment consent to the assumption of such +extraordinary and important authority by those who were sent to Washington +to support the very constitution which they are now called upon to +disregard and destroy.</p> + + +<p> </p> +<p class="center">WHAT SHOULD THE PEOPLE DO TO AVERT THE THREATENING STORM?</p> + +<p>In my opinion, the best way to stop this disunion and treasonable clamor, +is for all friends of the Union to come out and call meetings, and pass +resolutions such as are appropriate for the times, telling our enemies +that it was for this Union our fathers fought, bled and died, and we will +do (if necessary) as our fathers did. Let there be but one sentiment, and +the unbroken ranks of eighteen millions of freemen will do more to silence +treason than all the constitutional amendments that could be prepared by +twice the number of pacificators that are now offering their services to +induce the government to meet the traitors on what is termed “middle +ground.” It is this continued wavering and uncertain position of the +people that give those who are plotting our destruction such full and +perfect confidence in their final success. Few men could be found who +would enter the enemies ranks, if the certainty of being dealt with +according to the<span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span> laws of our country was before them. The boasted bravery +of those chivalrous gentlemen who are now firing the hearts of the +ignorant with bitter hatred against the noblest government on earth, would +hesitate, reflect, and recoil at the sight of the hangman and the gallows. +I question not their bravery, neither do I doubt their determination, but +with the certainty of defeat before them, would they strike the fatal +blow? Every sane man is apt to count the chances of success when he enters +upon any very important undertaking, and if there is nothing before him +but humiliation and defeat, where is the man who would be found fool hardy +enough to risk his life in such a hopeless enterprise? They are few and +far between. We are told that unless the nation gives way to these +traitors, that the war that will ensue will be the most bloody and +desperate ever known to civilized man. There is no doubt but they will +fight, but will they be found any more brave and determined in destroying +than we will be in maintaining our glorious country? I presume not. Then +we can easily discover the character of the war by deciding upon the +course we would pursue in such a contingency. This talk about such a war +being any worse than other wars, is a mere bugbear, sent out to frighten +the timid into submission, and the less notice there is taken of it, the +more unfrequent will it be referred to. It is a noticeable fact, that +those who are bringing about this great calamity are the very ones who are +picturing to our visions the horrible consequences that would result from +an effort to stop their career. Can impudence go further? Could Arnold +have done more to have accomplished his base and ignoble purpose?</p> + +<p>Then let the friends of our country rally under its banner, and then and +there resolve anew to stand by this Union as the only safety for our +peace, our prosperity, and our liberties. There should be no partizan +prejudice, for it is not the question who shall rule the country, but +whether we shall have a country to rule. We all have a common interest in +preserving this government, and none should wait for this or that +politician, for they are all waiting to see the determination of the +people before they will take a very decided stand.<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span> Nor can the +politicians alone save our country. Far from it. They are the parties who +aided in bringing about our present political troubles which are +threatening to involve us in a deadly contest to save our country from +dissolution. As well might you prescribe arsenic and expect it to cure a +patient who was threatened with death from the excessive use of that +poisonous drug, as to look to the politicians to restore peace and +prosperity to our distracted country.</p> + +<p>Since it is the people that must save our country, if saved at all, let +there be unanimity, firmness and decision upon the all important question +of preserving the Union; not if we can carry out our pet scheme; not if +South Carolina is willing. Neither should we make any other condition, but +resolve unalterably to stand by the constitution and the laws to the end, +and never for one moment think of abandoning our undertaking, until this +noble object shall have been accomplished. It is a duty that we owe to +ourselves, to our homes and firesides, to the friends of freedom +throughout the civilized world, to those who are plotting treason against +our government, and to the God of liberty, that we should speak out +plainly and to the point, and warn those who are expecting such an easy +victory, that they are sadly and seriously mistaken; that we are not, as +has been represented to them, divided, but we are as one man for our +country, unconditionally and unalterably, and though we may differ in +relation to the policy of conducting the great ship of state, yet we will +not abandon her, nor allow others to commit depredations against her. The +people of this great nation will never consent to a peaceable distruction +of this noble fabric. Never! never! no, never! Then should we not warn +those who are expecting an easy victory, against the awful consequences of +a persistence in their destructive policy? By our silence we encourage +them, by our inactivity we strengthen them, and by our indecision we give +them confidence. The policy to be pursued should be distinctly laid down +and presented to them. They have been deceived and encouraged with the +prospect of success by the course we have pursued, and should war become +necessary in order to enforce the laws, we are culpable, in a measure, for +not showing<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> more firmness at an earlier period. There is no room to doubt +their determination to bid defiance to the constitution and the laws of +the land, and nothing short of a show of the ability and the determination +to stand by our country, will induce them to desist. It may now be too +late to avoid bloodshed, but the sooner the remedy the less severe will be +the calamity.</p> + +<p>We are told that to stir this matter up at the north will only excite and +spread the feeling of dissatisfaction more swiftly over the land, but the +time has come when, to my mind, we must prepare to decide between our +national existence or non-existence. And should we be afraid of offending +the enemies of our country? Those who would turn against the government, +provided their peculiar notions in relation to some particular question is +rejected, are against the whole spirit of a democratic government, and +will be found against us in the end, and we may as well count them there +first as last. A submission to their dictation would be to yield the reins +of government into the hands of those who are determined to either rule or +ruin, which must evidently result in the latter.</p> + +<p>Let us examine the bearing of this rule or ruin policy, and see where it +would end, provided we give way to those who choose to adopt it. I know of +no better example, to test its destructiveness, than the one presented to +us in the present unsettled condition of our country. The people have +elected a President and Vice President in strict conformity with the +provisions of the constitution, made and provided for that purpose. Of +this there is no dispute. There is no use in talking about the issue being +sectional, for every person who was legally entitled to vote for President +and Vice President of the United States, and who concurred with the +sentiments of the party, was invited to take part in the election. There +was no distinction between North and South in this matter, and the plea +set forth that there was no support from one-half of the country, does not +alter the case, especially since it is well known that the political +opponents of Mr. Lincoln would not allow the free discussion of the +various issues presented to the people for their consideration. Had this +course<span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span> been pursued in the North, there would not have been a +Breckenridge party in many of the Northern States. It will be perceived, +that owing to this intolerant spirit exhibited in some portions of the +South, Mr. Lincoln’s views were not, and could not be presented to the +people for their consideration, which is in itself entirely inconsistent +with the spirit of a free government, as well as a violation of the +constitution and laws of our country. But who was to blame for this spirit +of mobocracy? Was it Mr. Lincoln or his friends? Nothing but a bigoted +blindness could lead any reasonable and well informed man to an +affirmative conclusion. The simple fact that Mr. Yancey, the leader of the +most ultra opponents of the Republicans, was allowed to advocate his views +all over the North without molestation or even insult, proves to the +contrary. But we are told that the Republican principles are contrary to +Southern interests. What if they are? Is that a reason why the right of +free discussion should be blotted out of existence? The principles of Mr. +Yancey are thought by a large majority of the people of the free States, +to be <i>decidedly</i> against the interest of the whole country.</p> + +<p>But did they propose to destroy this government if Mr. Breckenridge was +elected? Did they insult him, or drive him from the country as a felon? +No, he was kindly treated and listened to. The people, however, did not +conclude to vote his principles, and for this they are treated as +criminals of the deepest dye. <i>Comment is unnecessary.</i> But supposing Mr. +Breckenridge had been elected, and Massachusetts had placed herself in the +unenviable position that South Carolina has assumed, where is the +statesman who would have advocated the justice of her position, or her +right to secede, and thereby break up this government, unless Mr. +Breckenridge would renounce his doctrine, and propose a change in the +constitution recognizing the Republican principles, and who would be found +willing to compromise the honor and dignity of the government by conceding +to such demands? If any there be who would lend their aid to such a +scheme, they are mere political demagogues without honor, and are not +entitled to the confidence of the people. In this, I presume, nearly every +person will agree with me. Still, when we turn<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span> to the South, there seems +to be some diversity of opinion in relation to what course should be +pursued. Now, why this difference? Can it be charged to anything but +political prejudices? True patriotism never begets such inconsistencies.</p> + +<p>Now it is plain that if any party make it a condition that they must be +allowed to control this government, in order to allow us to live in peace, +then that party, above all things, should not be allowed such control. The +mere demand shows the incompetency of such party to occupy such an +important position in our national affairs. Suppose we should grant the +present request. Are we prepared to grant the next that may be made at any +future time? If so, tell me, if you please, when and where you will be +willing to make a stand for the vindication of our constitutional rights? +Are we to give way to one demand after another until we have transferred +all the rights which we now possess to this rule or ruin party?</p> + +<p>It is contended by some that, by allowing those States which desire to +secede from this Union, to go without opposition, it will insure us peace, +and at the same time remove the slave question from congress, and, +thereby, our political troubles are at an end. Happy man is he who can +imagine such a political millennium so near at hand, and so easily to be +obtained. I would ask whether other questions may not come up that will +divide the people, and cause the same bitter feeling that now distracts +the whole country when another section will demand a separation from the +remaining States; and whether they will not have the same right that we +are now called upon to grant to the Cotton States? It is plain to me that +if this policy, of allowing any State to secede that can raise a pretext +for doing so, is to be adopted, we will soon have no government at all; +but in the place of this law-abiding and liberty loving community, where +peace, plenty and prosperity has smiled upon us so many happy years, +anarchy will reign, with all its blasting and withering influences, laying +waste our brightest hopes, and casting a gloom and dispair over everything +that has heretofore been the pride of every true American citizen. We are +now called upon to consent to divide this nation under the penalty of<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span> +civil war; the horrors of which we all deeply deplore, and are willing to +prevent by all reasonable measures. But, can we grant what is asked +without establishing a precedent that will lead to further demands, and a +consequent sub-division, and, in fact, division after division until this +glorious and prosperous country shall be (instead of one great, powerful +and honored nation,) thirty-three petty contending States, each striving +to get the advantage of the other? It is contended by some that, by making +concessions, both war and dissolution can be prevented. But, let us look +at their character, and the circumstances under which they are demanded, +and see whether such results, under existing circumstances, are likely to +be realized.</p> + +<p>The people of the United States have just cast their votes in accordance +with the usages and customs heretofore adopted, as well as in perfect +conformity with their constitutional rights, and, as usual in such cases, +there has been more than one party. The result has been that one party +elected their choice, while the others were necessarily unsuccessful; and +instead of submitting, like true patriots, peaceably to the constitutional +acts of the people, a portion of the defeated party demand of those who +have, by their numbers, carried the election, the surrender of their +principles. This is the basis of the compromise that the freemen of this +nation are unblushingly asked to make. But, upon inquiry as to whether +said conditional rebels (for they are nothing else) are willing to aid in +suppressing the more ultra and unconditional rebels of such States that +have already declared themselves out of the Union, we find them bitterly +opposed to everything that tends to show the supremacy of the laws over +this traitorous secession dogma; and our candid opinion is, that every +individual who places himself upon this platform, is contemplating a deep +laid scheme for the purpose of obtaining all the public territory they +possibly can for the institution of slavery, and then withdraw from the +Union with their booty. Ask them if they are willing to submit in case the +people reject their demands, and the answer is, no, they will die first. +Thus the ultimatum is presented to us to either<span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span> surrender our principles, +our country, or fight to sustain it. Fellow-countrymen we need not ask you +which you will do.</p> + +<p>Let us sift this unparalleled scheme of impudence and see whether it is +going to be productive of permanent good to any one except to those who +are desirous of involving us in anarchy and ruin.</p> + +<p>Supposing the Republicans should abandon their principles, which seem to +be the terms upon which peace is offered, and, in 1864, the Democrats +should succeed in electing the President upon the slave-extension +platform, and the Republicans, feeling that their interests were likely to +be trampled upon by the dominant party, should say to the Democracy that, +unless said Democrats would abandon the principles of their party, and +secure the Republicans against the exercise of their principles in the +future, by an amendment to the constitution itself, they (the Republicans) +would dissolve this Union? It will be observed that, if one party has the +right to demand concessions, the other party has the same right, +consequently it would not be the majority that would rule, but the +minority. Neither have we any guarantee that, by granting the present +demands, that other and still more absurd and threatening demands will not +be made. We are now called upon to incorporate into the constitution +certain additional rights and privileges for slavery; and what is the +threatened penalty that is offered to the freemen of this nation if they +fail to grant what is demanded? Why it is nothing less than a complete +overthrow and destruction of this government—and yet the Republicans are +taunted with the charge of being the cause of all the consequences of the +great calamity that seems awaiting our destruction. I call especial +attention to this subject, more particularly in consequence of the +probable effort that will be made to force what is called the “Crittenden +Amendment,” upon the people. It should be remembered that Mr. Crittenden +proposes, not only to give all the territory south of 36° 30′ to the slave +interests, but all the territory hereafter acquired.</p> + +<p>The restoration of the Missouri Compromise sounds very smooth and pleasant +to the ear, but is it the Missouri Compromise that Mr. Crittenden proposes +to restore? Far from<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> it. Let us look at the broad difference between the +two measures, and see whether there is not something that looks as though +there was deception, of the deepest dye, about to be practiced upon those +who are desirous of preserving the territories free from the blighting +curse of slavery. We have heard much about the Missouri Compromise, also +about Mr. Crittenden’s amendment, and, for the benefit of those who are +not familiar with the two measures, we will give them both in full. The +following is all that relates to the institution of slavery in what is +called the Missouri Compromise:</p> + +<div class="blockquot"><p>“<span class="smcap">Sec.</span> 8. <i>And be it further enacted</i>, That, in all the territory ceded +by France to the United States, under the name of Louisiana, which +lies north of thirty-six degrees and thirty minutes north latitude, +not included within the limits of the State contemplated by this act, +(meaning Missouri,) slavery and involuntary servitude, otherwise than +in the punishment of crime, whereof the parties shall have been duly +convicted, shall be and is hereby forever prohibited; provided, +always, that any person escaping into the same, from whom service is +lawfully claimed in any State or Territory of the United States, such +fugitive may be lawfully re-claimed and conveyed to the person +claiming his or her services as aforesaid.”</p></div> + +<p>It will be perceived that the above section does not establish slavery +anywhere, but, on the contrary, it prohibited it in all the territory +north of 36° 30′ north latitude, while south of that (we can only infer +for there is nothing explicit on the subject) the people were to have +slavery or not as they might decide amongst themselves. But, in order to +the more fully understanding the effect of the Missouri Compromise, it is +necessary to know the amount of territory belonging, at that time, to the +United States, lying south of said above mentioned line. The territory +that now constitutes the State of Arkansas, and a small tract of Indian +territory, which now belongs to four tribes of Indians, to-wit: the +Chickasaws, Seminoles, Cherokees, and Choctaws, all of which territory, +including that of Arkansas, is not much larger than the State of Missouri, +was all the territory that remained of the Louisiana<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span> purchase, belonging +to the United States, south of 36° 30′ north latitude, at the time of the +passage of said compromise. How different, in effect, from the above is +the Crittenden amendment. Let us see. The following is the said amendment +that is harped about as being a restoration of the Missouri Compromise. +Read and behold the difference:</p> + +<div class="blockquot"><p>“<span class="smcap">Whereas</span>, Serious and alarming dissensions have arisen between the +Northern and Southern States, concerning the rights and security of +the rights of slaveholding States, and especially their rights in the +common territory of the United States; and whereas, it is eminently +desirable and proper that these dissensions, which now threaten the +very existence of this Union, should be permanently quieted and +settled by constitutional provisions, which shall do equal justice to +all sections, and thereby restore to the people that peace and good +will which ought to prevail between all the citizens of the United +States: Therefore,</p> + +<p>“<i>Resolved by the Senate and House of Representatives of the United +States of America in Congress assembled</i>, (two-thirds of both houses +concurring,) That the following articles be, and are hereby proposed +and submitted as amendments to the Constitution of the United States, +which shall be valid to all intents and purposes, as part of said +Constitution, when ratified by conventions of three-fourths of the +several States:</p> + +<p>“<span class="smcap">Art. 1.</span> In all the territory of the United States now held, or +hereafter acquired, situated north of latitude 36 deg. 30 min., +slavery or involuntary servitude, except as a punishment for crime, is +prohibited while such territory shall remain under territorial +government. In all the territory south of said line of latitude, +slavery of the African race is hereby recognized as existing, and +shall not be interfered with by Congress, but shall be protected as +property by all the departments of the territorial government during +its continuance. And when any territory, north or south of said line, +within such boundaries as Congress may prescribe, shall contain the +population requisite for a member of Congress according to the then +federal ratio of representation of the people of the United States, it +shall, if its form of government be republican,<span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span> be admitted into the +Union, on an equal footing with the original States, with or without +slavery, as the constitution of such new State may provide.</p> + +<p>“<span class="smcap">Art. 2.</span> Congress shall have no power to abolish slavery in places +under its exclusive jurisdiction, and situate within the limits of +States that permit the holding of slaves.</p> + +<p>“<span class="smcap">Art. 3.</span> Congress shall have no power to abolish slavery within the +District of Columbia, so long as it exists in the adjoining States of +Virginia and Maryland, or either, nor without the consent of the +inhabitants, nor without just compensation first made to such owners +of slaves as do not consent to such abolishment. Nor shall Congress at +any time prohibit officers of the Federal Government, or members of +Congress, whose duties require them to be in said District, from +bringing with them their slaves, and holding them as such during the +time their duties may require them to remain there, and afterwards +taking them from the District.</p> + +<p>“<span class="smcap">Art. 4.</span> Congress shall have no power to prohibit or hinder the +transportation of slaves from one State to another, or to a Territory, +in which slaves are permitted to be held, whether that transportation +be by land, navigable rivers, or by sea.</p> + +<p>“<span class="smcap">Art. 5.</span> That in addition to the provisions of the third paragraph of +the second section of the fourth article of the Constitution of the +United States, Congress shall have power to provide by law, and it +shall be its duty so to provide, that the United States shall pay to +the owner who shall apply for it, the full value of his fugitive slave +in all cases when the Marshal or other officer, whose duty it was to +arrest said fugitive, was prevented from so doing by violence, or +when, after arrest, said fugitive was rescued by force, and the owner +thereby prevented and obstructed in the pursuit of his remedy for the +recovery of his fugitive slave under the said clause of the +Constitution and the laws made in pursuance thereof. And in all such +cases, when the United States shall pay for such fugitive, they shall +have the right, in their own name, to sue the county in which said +violence, intimidation, or rescue was committed, and to recover from +it, with interest and damages, the amount paid by them for said +fugitive slave. And<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> the said county, after it has paid said amount to +the United States, may, for its indemnity, sue and recover from the +wrong doers or rescuers, by whom the owner was prevented from the +recovery of his fugitive slave, in like manner as the owner himself +might have sued and recovered.</p> + +<p>“<span class="smcap">Art. 6.</span> No future amendment to the Constitution shall affect the five +preceding articles; nor the third paragraph of the second section of +the first article of the Constitution; and no amendment shall be made +to the Constitution which shall authorize or give to Congress any +power to abolish or interfere with slavery in any of the States by +whose law it is, or may be, allowed or permitted.</p> + +<p>“And whereas, also, beside those causes of dissension embraced in the +foregoing amendments proposed to the Constitution of the United +States, there are others which come within the jurisdiction of +Congress, and may be remedied by its legislative power; and whereas it +is the desire of Congress, as far as its power will extend, to remove +all just cause for the popular discontent and agitation which now +disturb the peace of the country, and threaten the stability of its +institutions: Therefore,</p> + +<p>“1. <i>Resolved by the Senate and House of Representatives of the United +States of America</i>, in Congress assembled, That the laws now in force, +for the recovery of fugitives, are in strict pursuance of the plain +and mandatory provisions of the constitution, and have been sanctioned +as valid and constitutional by the judgment of the Supreme Court of +the United States: that the slaveholding States are entitled to the +faithful observance and execution of those laws, and that they ought +not to be repealed, or so modified or changed as to impair their +efficiency; and that laws ought to be made for the punishment of those +who attempt, by rescue of the slave or other illegal means, to hinder +or defeat the due execution of said laws.</p> + +<p>“2. That all State laws which conflict with the fugitive slave acts of +congress, or any other constitutional acts of congress, or which in +their operation impede, hinder or delay the free course and due +execution of any of said acts, are null and void by the plain +provisions of the constitution of the<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span> United States; yet those State +laws, void as they are, have given color to practices, and led to +consequences, which have obstructed the due administration and +execution of acts of congress and especially the acts for the delivery +of fugitive slaves, and have thereby contributed much to the discord +and commotion now prevailing. Congress, therefore, in the present +perilous juncture, does not deem it improper respectfully and +earnestly to recommend the repeal of those laws to the several States +which have enacted them, or such legislative corrections and +explanations of them as may prevent their being used or perverted to +such mischievous purposes.</p> + +<p>“3. That the act of the 18th of September, 1850, commonly called the +fugitive slave law, ought to be so amended as to make the fee of the +commissioner, mentioned in the 8th section of the act, equal in +amount, in the cases decided by him, whether his decision be in favor +of or against the claimant. And to avoid misconstruction, the last +clause of the 5th section of said act, which authorises the person +holding the warrant for the arrest or detention of a fugitive slave, +to summon to his aid the <i>posse comitatus</i>, and which declares it to +be the duty of all good citizens to assist him in its execution, ought +to be amended so as to expressly limit the authority and duty to cases +in which there shall be resistance or danger of resistance or rescue.</p> + +<p>“4. That the laws for the suppression of the African slave trade, and +especially those prohibiting the importation of slaves in the United +States, ought to be made effectual, and ought to be thoroughly +executed, and all further enactments necessary to those ends ought to +be promptly made.”</p></div> + +<p>The above is unblushingly urged upon the people by some portions of the +Democracy as being eminently conservative, and, above all, a middle +ground, upon which all patriots should be willing to stand or fall for the +Union; but as for me I am entirely unable to see that there is any middle +ground about it. What can we understand by this proposition? Is it not +granting all the South have ever asked? When, and wherein, have they asked +more? Could Mr. Yancey himself have made out a stronger document? And<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span> +yet, we are told that the South are making great concessions when they +submit to this measure, and cease to commit treason against the +government. In the name of enlightened reason, I ask, could there be a +greater insult offered to the free men of this nation, than to demand of +them the sanction of the above proposed amendment, and thus engraft it +into the Constitution of this government, claiming, as we do, to be the +freest government in the world.</p> + +<p>Upon an examination of Mr. Crittenden’s proposition, it will be perceived +that he irrevocably consigns to slavery all the Territory that we now +have, or may hereafter acquire, south of thirty-six degrees and thirty +minutes, north latitude, and north of that line he leaves the matter for +the people to decide when they come to form a State government. By +comparing this measure with the Missouri Compromise, it will be perceived +that Mr. Crittenden proposes to leave the northern territory in the same +condition that the Missouri Compromise left the territory south of said +line.</p> + +<p>But let us view this beautiful document of Mr. Crittenden’s a little +further, and see how modestly the people of the free States are asked to +pay for Sambo whenever he gets it into his head to emigrate northward, +provided some one or more of his sable brethren should chance to advise +those whose duty it may be to invite Sambo to return to the “Sunny South,” +to make tracks with the heels towards the shanty, and allow Sambo to +remain where the winters are longer. Yes, we are asked by Mr. C. to pay +for Sambo whenever the marshal, whose duty it is to arrest him, is +<i>intimidated</i>. This sounds most beautiful. Let the people once agree to +this and we would soon have the privilege of paying for hundreds of +thousands, I might say millions, of the refractory portion of the slave +population, and in order to understand these fully, the consequences of +adopting Mr. Crittenden’s amendment, it will be well for us to estimate +the probable number of the slave population in the future, as well as +their inclination to escape.</p> + +<p>It is a well known fact, that if the slave population should increase for +the next eighty years as fast as they have for the past eighty years, they +will amount to between forty and fifty<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> millions of inhabitants. Now let +us imagine that number of slaves, with the natural increase of +intelligence, together with a corresponding decrease of the preponderance +of African blood in their veins, and it will not take a very strong +imaginative individual to perceive that the number of fugitives will +increase at a fearful rate, and to such an extent that it would impoverish +the whole nation to pay for them. By a careful examination of Mr. +Crittenden’s amendment it will be perceived that it provides for +recovering the value of the slave, by the United States, of the county in +which said violence, <span class="smcaplc">INTIMIDATION</span>, or rescue was committed.</p> + +<p>Now let us suppose that this should become a part and parcel of the +Constitution of the United States, and some one or more of the States +should pass laws nullifying said provision, and at the same time demand a +revision of the Constitution in such a manner as to annul said clause, as +a condition that they would remain in the Union, will our Union-saving +friends be willing to meet the case by granting the demand, or will they +stand up for the enforcement of the laws and the preservation of the +Union? If so, then why not assist in enforcing the laws against South +Carolina or any other State that proposes to nullify the Constitution and +the laws made in pursuance thereof. Partisan prejudice cannot prevent any +person from seeing that if one portion of the people have the right to +make a demand for concessions, then any and all other portions are +entitled to the exercise of the same right, and where such demands have +been complied with in one case, there is no rule whereby they could justly +be denied in another. Is there not great danger that by granting the South +what they are now demanding, especially since the demand is accompanied +with threats of such a grave character, we will establish a precedence +that will sap the very principle upon which our government is based? In +all Democratic governments it is the duty of every individual to submit to +the laws duly enacted by a constitutional majority; and whenever one +portion of the people rebel against said laws they become not only +traitors to their country but to the very principles upon which self +government is founded. In view of this, it is clear to me that to make any +<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span>concession, under the existing menacing threats, would be to offer a +bounty to all future conspirutors against the government, and thus +endanger the peace of our country for all time to come. Such being the +case, why talk about compromises and concessions. Let us enforce obedience +to the present government before we talk of compromises. To treat with men +who bid defiance to the supreme law of the land, who are now engaged in +open and active treason against the government, would be humiliating to +every true American citizen, and a disgrace to us as a nation, besides +showing to the world the most <i>positive</i> evidence of our weakness; but on +the other hand let firmness and justice be the order of the day, and +although war may ensue let the consequences rest with those who are trying +to overthrow this great temple of freedom, and we shall outride the +threatend storm and transmit to posterity, unimpaired, this sacred legacy, +bequeathed to us by our forefathers and sealed by their blood. We will +then have shown ourselves worthy of the free institutions we have +inherited, and our children’s children will be stimulated by our example +to extra exertions to perpetuate and strengthen the bonds that is to +preserve this nation in all its destined magnificent grandeur.</p> + +<p>In conclusion, let me exhort my fellow-countrymen to stand or fall by our +country. Let us not forget that our fathers, as well as we, loved peace +and abhorred the calamities of war; and although the most of them have +long since “gone to that bourne from which no traveler returns,” yet when +they were called to their country’s service, they were surrounded by all +the endearing ties which we now enjoy. Many a son received the mother’s +last parting blessing, and bid her his last farewell this side of the +grave. Husbands bid their wives an affectionate adieu, to meet no more on +earth; and many a bitter tear has flown from the weeping eyes of the loved +ones in that lonely home, bereft of a father, husband, or brother who has +fallen in the deadly struggle for the liberties we have inherited. And +should we prove recreant to our trust, the immortal spirits of those +noble-hearted, self-sacrificing patriots who fell while struggling with a +powerful tyrant in front, and a deadly savage foe in the rear, to gain the +freedom<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span> of this our beloved country, would rise up from their graves and +rebuke us for our low, cringing cowardice. No, my fellow-countrymen, you +will not be found wanting for courage—you will not allow this temple of +freedom to be destroyed—you will stand by the Constitution and the Union, +and prove yourselves worthy of your noble ancestry.</p> + + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<div class="verts"> +<p class="center"><span class="huge">AGENTS WANTED</span><br /> +TO INTRODUCE<br /> +<span class="giant">THE AMERICAN FAMILY PHYSICIAN,</span><br /> +BY JOHN KING, M. D.<br /> +<span class="large">PREPARED EXPRESSLY FOR FAMILY USE.</span></p> + +<p>This valuable work is a large, royal octavo volume of nearly 1,200 pages; +containing nearly twice as much matter on the subject of health and +disease, as can be found in any similar work ever before offered to the +American people. Instead of describing diseases and remedies in the +mysterious and incomprehensible terms of the profession, the author has +used language such as the people understand. No less than <i>three hundred +and seventy forms of disease</i>, including diseases of women, diseases of +children, chronic diseases, as well as those of a surgical nature are +accurately described and the most successful methods of treatment made +known.</p> + +<p>Nearly <i>five hundred simple medicines are described</i>, together with their +virtues and medicinal uses. And the recipes for some <i>two hundred and +fifty valuable and successful compounds and preparations</i> are given.</p> + +<p>The following are some of the numerous notices and recommendations the +work has received by those who have given it an examination.</p> + + +<p>The following is from the justly celebrated Dr. Burnham, proprietor of the +Chronic Disease Infirmary of this city.</p> + +<p> </p> +<p class="right"><span class="smcap">Indianapolis, Ind., Jan. 14th, 1861</span></p> + +<p>A. D. STREIGHT, ESQ.: <i>Dear Sir</i>—Having carefully examined a work of your +publication entitled, “New American Family Physician,” by John King, M. +D., I find in point of style that it is concise, couched in plain +language, and free from technicalities. Voluminous in variety of topics +discussed, it comprises an amount of practical matter pertaining to the +preservation of health, the history and treatment of disease unequaled in +adaptation for popular use. A more general diffusion of knowledge upon the +topics therein discussed, will serve as one of the greatest protections +against the intrusions of ignorant pretenders who propose to tamper with +human health and life. And I trust will be cordially hailed by every +intelligent physician appreciating the fact that the stupid credulity of +ignorance is much more forminable to encounter than the wisdom of an +enlightened intelligence. In fine, the volume is worthy of the well earned +reputation of its author, and I cheerfully commend it as highly deserving +a promient place in the library of every family.</p> + +<p><span style="margin-left: 2em;">Truly yours,</span><br /> +<span style="margin-left: 4em;">N. G. BURNHAM, M. D.</span></p> + + +<p> </p> +<p class="center">[<i>From Dr. G. M. Thompson, Agent for Kansas</i>]</p> + +<p>Tell Dr. King that I have had the pleasure of selling a copy of his +“Physician” to Ex-Governor C. Robinson, Ex-Governor F. P. Stanton, +Ex-Governor Wilson Shannon, and all the principal men in the Territory, as +far as I have been able to canvass.</p> + +<p> </p> +<p class="right"><span class="smcap">Janesville, Wis., Oct. 23d, 1860.</span></p> + +<p><i>Dear Sir</i>—I have examined the medical work of John King, M. D., entitled +the “American Family Physician,” &c. I am highly pleased with it. In fact +it supplies a long needed want, in the field of domestic medicine. It is +written in a plain, easy style and readily comprehended by the +non-professional reader, to which it will be a valuable aid in the +treatment of the diseases incident to their own families. In truth, any +one with a family will save double the cost of the book yearly, besides +much useless and pernicious drugging. The remedies recommended are +principally selected from the vegetable kingdom, many of which may be +found at home. From my examination of this work and my acquaintance with +the author, I can sincerely recommend it to both the professional and +unprofessional reader, as a highly useful book and one that should be +found in the library of every person.</p> + +<p><span style="margin-left: 2em;">R. B. TREAT, M. D.</span><br /> +<span style="margin-left: 4em;">(Dr. Treat is mayor of the City of Janesville.)</span></p> + + +<p> </p> +<p class="center">[<i>From Prof. A. J. Howe. M. D.</i>]</p> + +<p>I am acquainted with all the works on Domestic Medicine of any account, +and unhesitatingly pronounce “King’s American Family Physician” <i>the +best</i>.</p> + +<p><span style="margin-left: 2em;">A. JACKSON HOWE, M. D.,</span><br /> +<span style="margin-left: 4em;">Cincinnati, O., 1860. Professor of Surgery.</span></p> + + +<p> </p> +<p class="center">[<i>From the Indianapolis Journal.</i>]</p> + +<p>* * * As to its origin, it comes from one who certainly stands at the head +of the medical profession in the West, John King, M. D., and Professor of +Medicine, Cincinnati, is a man of more than twenty years’ experience in +the healing art, and stands pre-eminent as an educator in the same. The +book deserves much credit for its simplicity of style. It is not written +for the purpose of scientific display, <i>but for the good of the people</i>. +It goes further toward redeeming those practical facts contained in +medical science from the dead masses of technical lumber, by which they +have heretofore been secluded from the comprehension of those who have the +best right to understand them, than any work extant which it has been our +privilege to review. Any man of common sense may * * * fully understand +it; and by still further application of his mother wit, may successfully +treat almost all forms of disease peculiar to this country, and thereby +<i>save much of his hard earnings</i>. * * * We commend it to the people +generally.</p> + + +<p> </p> +<p class="right"><span class="smcap">Janesville, Wis., Oct. 20, 1860.</span></p> + +<p>I have examined with care the “New American Family Physician,” by John +King, M. D., and I am free to say that it contains a great amount of +medical information which ought to be put into the hands of every family +in the land. Its household suggestions are invaluable. Its circulation +will do much in the physical education of the people.</p> + +<p><span style="margin-left: 2em;"><span class="smcap">Rev</span>. H. C. TILTON.</span><br /> +<span style="margin-left: 4em;">Presiding Elder of Janesville District Conference.</span></p> + +<p> </p> +<p><span class="huge">☞</span> This work is sold only through Agents duly appointed by +the publisher, or his General Agent.</p> + +<p><span class="smcap">Address</span>,<br /> +<span style="margin-left: 2em;">A. D. STREIGHT, Publisher, Indianapolis, Ind.</span></p> + +<p>N. B. A General Agent wanted. One who is competent to take charge of a +portion of territory and employ canvassers.</p> + + +<p> </p><p> </p><p> </p> +<p class="center"><span class="huge">THE CRISIS</span></p> +<p class="center">OF</p> +<p class="center"><span class="huge">Eighteen Hundred and Sixty-One,</span></p> +<p class="center">IN THE GOVERNMENT OF THE</p> +<p class="center"><span class="giant">UNITED STATES,</span></p> +<p class="center">ITS CAUSE,</p> +<p class="center">AND HOW IT SHOULD BE MET.</p> +<p> </p> +<p class="center"><span class="huge">BY A. D. STREIGHT.</span></p> + +<p>The intention of the author in bringing this work before the people at +this time, is to promote unity of action in sustaining our country from +the dangers that seem threatening to not only destroy our government, but +the very principles upon which our liberties are based. And, for the +purpose of giving it a wide spread circulation, we have put the wholesale +price within a fraction of the cost of manufacturing.</p> + +<p><b>PRICES.</b>—25 cents per single copy; $2.25 per dozen copies; $7.50 for fifty +copies, and $12.50 per hundred.</p> + +<p>Orders from the friends of the Union, and the trade generally, are +solicited, and will receive prompt attention. Address A. D. STREIGHT, Indianapolis, Ind.</p></div> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><strong>Footnotes:</strong></p> + +<p><a name="f1" id="f1" href="#f1.1">[1]</a> Spirit of Laws, Vol. I, Book IX, Chapter I.</p> + +<p><a name="f2" id="f2" href="#f2.1">[2]</a> I mean for the Union.</p> + +<p><a name="f3" id="f3" href="#f3.1">[3]</a> Joseph Story, LL. D., although a most bitter political opponent of +Gen. Jackson, in his commentaries on the constitution of the United +States, thus refers to the proclamation:</p> + +<p>“While this sheet was passing through the press, President Jackson’s +proclamation of the 10th of December, 1832, concerning the recent +ordinance of South Carolina on the subject of the tariff, appeared. That +document contains a most elaborate view of several questions, which have +been discussed in this and the preceding volume, especially respecting the +supremacy of the laws of the Union; the right of the judiciary to decide +upon the constitutionality of those laws; and the total repugnancy to the +constitution of the modern doctrine of nullification asserted in that +ordinance. As a State paper it is entitled to very high praise for the +clearness, force and eloquence, with which it has defended the rights and +powers of the national government. I gladly copy into these pages some of +its important passages, as among the ablest commentaries ever offered upon +the constitution.”</p> + +<p><a name="f4" id="f4" href="#f4.1">[4]</a> We are happy to say that within a few days he has dismissed some, and +others, disgusted with their own acts, have withdrawn.</p> + +<p><a name="f5" id="f5" href="#f5.1">[5]</a> John Fries was a noted leader in what was called the Whisky Rebellion, +which became so formidable in 1794 that President Washington issued a +proclamation exhorting all persons to desist from any proceedings tending +to prevent the execution of the laws. This did not have the desired +effect, however, and it became necessary for the President to order out a +strong force, numbering some 15,000 men. This argument seemed conclusive +and convincing to the rebels of that day, consequently they returned to +their several avocations, and by this means quiet was restored. But at +that time, as well at the present, there were numerous sympathizers with +the traitors, which created a strong and powerful party against the +administration of General Washington; but he knew his whole duty, and +performed it unhesitatingly, regardless of the denunciations of those who +were ever ready to excuse the turbulent for committing treason.</p> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Crisis of Eighteen Hundred and +Sixty-One In The Government of The United States., by A. D. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Crisis of Eighteen Hundred and Sixty-One In The Government of The United States. + Its Cause, and How it Should be Met + +Author: A. D. Steight + +Release Date: January 11, 2012 [EBook #38554] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CRISIS OF 1861 *** + + + + +Produced by David Edwards and the Online Distributed +Proofreading Team at https://www.pgdp.net. + + + + + + + + + + THE CRISIS OF + EIGHTEEN HUNDRED AND SIXTY-ONE + IN THE GOVERNMENT OF THE + UNITED STATES. + + ITS CAUSE, AND HOW IT SHOULD BE MET. + + + CONTAINING THE CELEBRATED PROCLAMATION OF ANDREW + JACKSON TO THE SOUTH CAROLINA NULLIFIERS; WEBSTER'S + ANSWER TO HAYNE ON THE SUBJECT OF NULLIFICATION, + AND SEVERAL EXTRACTS FROM LETTERS WRITTEN BY JOHN + JAY, JAMES MADISON, AND ALEXANDER HAMILTON, PENDING + THE ADOPTION OF THE CONSTITUTION. + + + BY A. D. STREIGHT. + + + INDIANAPOLIS, IND.: + PUBLISHED BY THE AUTHOR. + 1861. + + + + +Entered according to the Act of Congress, in the year eighteen hundred and +sixty-one, BY A. D. STREIGHT, In the Clerk's office of the District Court +of the United States for the District of Indiana. + + + + +CONTENTS. + + + Crisis--its Cause 7 + + Crisis--How to Meet it 17 + + Constitution 17 + + Crittenden's Amendment 94 + + Jackson's Proclamation 41 + + Jackson's Administration compared with Buchanan's 68 + + Missouri Compromise 93 + + Missouri Compromise compared with Crittenden's Amendment 92 + + Oath of President 22 + + People--shall they rule 84 + + People--duty of 85 + + Treason--what constitutes 23 + + Treason--who are guilty of 23 + + Union--how to preserve the 81 + + Union--the effects of war to sustain the 83 + + Union--why founded--Madison and others' opinions 36 + + Union--utility of 24 + + Webster's answer to Hayne 68 + + + + + TO THE FLAG OF OUR UNION, + TO THE MEMORY OF THE IMMORTAL HEROES, + WHO ESTABLISHED IT, + AND TO THE TRUE HEARTED PATRIOTS, + WHO WILL MAINTAIN IT, + THIS VOLUME IS MOST RESPECTFULLY DEDICATED, + BY THE AUTHOR. + + + + +PREFACE. + + +In presenting this volume to the people, we shall offer no apology. It has +been our constant effort to condense into as small a compass as possible +our views relative to the cause of our nation's calamity, and the proper +course to be pursued to restore the supremacy of the laws, the integrity +of the constitution, and to preserve the Union. We have aimed at nothing +but the good of our distracted country. That some will differ with us +relative to our proposed plan of managing our national affairs in this +hour of peril, is no more than we expect. We are aware that there are +true-hearted and well-meaning men who are of the opinion that we had +better compromise with the traitors to our country than to use forcible +means to compel obedience to the laws. But we think they are seriously +mistaken; that such a measure will but produce a temporary calm that will +be succeeded by a storm of increased violence. We have labored in the +first place to show that our present troubles are owing to a mistaken +policy on the part of our government in adopting temporary pacification +measures, instead of maintaining the supremacy of the laws. We have also +endeavored to show from letters written by some of the founders of our +government, that this is a government of the people collectly, and not a +government of the States. We have further endeavored to show that the +wisest of our statesmen were in favor of enforcing the laws regardless of +the feelings of those who rebelled against them; and finally, we trust, +that we have shown that a Republican government cannot be maintained +unless the people of every section of the country are compelled to submit +to the constitutional acts of the majority. We wish our Southern brethren +no harm, but they _must_ learn that this is a government composed of +freemen who will submit to their dictation no longer; and the sooner they +are apprized of this fact the better it will be for all parties concerned. +The necessity for a work of this kind has caused us to lay aside most +pressing business matters which needed our attention; but in these +perilous times we feel it our duty to do all we can to unite the people +upon this momentous crisis in our national affairs. The hurried manner in +which this work has been prepared, will account for the imperfections. + +A. D. STREIGHT. + + + + +THE CRISIS. + +WHAT PRODUCED IT. + + +When we behold a blooming youth, just entering upon the sphere of manhood, +the fondest hopes of his honored parents, the admiration of all who know +him, the brightest genious of his age, begin to wither and decay, our +sinking spirits are aroused to make deep, anxious, earnest enquiry as to +the nature and cause of the disease that threatens to drag him to an +untimely grave, and bring misery, sorrow and pain to his unhappy parents, +friends and admirers, and if there is to be found a remedy within the +knowledge of man that will remove the malady, we are wont to apply it with +the utmost promptitude, and await its effects with fearful apprehensions +and the deepest suspense. No time is lost or exertion spared by the +friends of the afflicted, but with a united effort they rally, each +anxious to contribute the utmost of his ability to rescue the unfortunate +sufferer from the dangers that threaten to rob them of one to whom they +feel bound by every endearing tie that binds mankind to earth. Now, while +a case like this should justly excite our sympathies and awaken every +principle of humanity dwelling in the heart, yet how unimportant and +insignificant is such a case, when compared with the decaying symptoms of +a great, free, powerful and prosperous nation of over thirty millions of +inhabitants, whose institutions have been the hope and pride of the +friends of liberty, whose prosperity is the marvel of the world, whose +commerce extends to the most remote portions of the earth, whose territory +covers twenty-three degrees of latitude and sixty degrees of longitude, +whose soil is unsurpassed for the variety and richness of its +productions, whose government has been the shield and asylum for the +oppressed of all nations, and whose prosperity and power has been the +object of jealousy and dread of the tyrants of every division of the +globe. Yes, America has been, since the beginning of the nineteenth +century, the stumbling block of tyrany, the good samaritan to the poor and +unfortunate of the civilized portions of the earth, her unexampled +progress the astonishment and admiration of every lover of liberty and +friend of humanity, the framers of her institutions are honored as the +noblest statesmen of any age, for their patriotism, purity and wisdom. And +yet, strange as it may seem, this model government, this land of the free +and home of the brave, presenting an aggregate of individual and national +wealth, happiness and prosperity unequalled by the same numbers on the +face of the earth, although in the first century of its gigantic infancy, +it is now trembling with all the convulsive symptoms of revolution and +civil commotion, which threatens to undermine the very basis of our +institutions and our liberties. Nay, the threatening storm is now +producing a tumultuous sensation that is rocking the temple of liberty +from top to bottom, and from center to circumference. + +Such being the sad picture of the true condition of our country, we will +proceed to make earnest enquiry as to the cause of the existing evils and +from whence they come; for it is a well known principle in politics, as +well as every other science, that in order to apply the rightful remedy +for an existing evil, it is of the utmost importance that the nature and +source of the evil should be carefully studied, and thoroughly understood +by those having the case in charge. + +Although the threatening aspect of our national affairs have called forth +the opinions of some of our most able statesmen, relative to the causes of +our present troubles, yet, with due deference to their talents, sagacity +and wisdom, we feel constrained to say, that, in our opinion, they have +entirely overlooked, or omitted to mention, one of the chief causes that +have rendered the people of the Southern States so turbulant, defiant, +and, at last, nearly ungovernable. + +We will now proceed to give a brief statement of what we believe to be +the source from whence most, if not all, our present difficulties can be +traced, and by so doing we trust the means for restoring peace to the +country will be more easily and unanimously decided upon. + +In searching the political history of our country, it appears that in 1819 +and '20, Congress objected to the further extension of slavery; (which, of +course, it had a perfect right to do,) consequently Missouri was rejected +when she applied for admission, because of her constitution recognizing +that institution. At this the South became very indignant, and her +statesmen predicted a speeded dissolution of the Union, unless Missouri +was admitted. The result was a compromise in which the South obtained all +she demanded, and then we learn nothing of her revolting spirit until the +celebrated tariff difficulty came up, which called out General Jackson's +proclamation, in 1832; and although that old hero stood his ground firmly +and did his whole duty nobly, yet there were those who were fearful that +South Carolina would injure herself, like the spoiled boy, who throws +himself on the floor, and in the midst of his rage, proceeds to bruise his +head against articles of a more substantial character, consequently there +was a compromise effected to appease her wrath. Again, when we were about +appropriating money to pay Mexico for territory obtained from her, David +Wilmot offered a proviso, that inasmuch as slavery did not exist in that +territory at the time it came into our possession, it should not exist +there thereafter. A very wise proviso, and a vast majority of the people +of the country were in favor of it, but then it did not suit the South, +consequently, her statesmen predicted an immediate dissolution of the +Union, if Mr. Wilmot's proviso should become a law, and, of course, most +of us loved the Union, hence we threw Mr. Wilmot's proviso overboard. But +shortly after that, California made application to come into the Union as +a free State. This was very obnoxious to our Southern brethren, +consequently, they would dissolve the Union, unless there was some +concessions made. Every body was at a loss to know what the nature of the +concession could be, for the government had already signed several blanks +for the South to fill out to their own liking, and it was supposed, that +in their wisdom, they had secured, at least, what belonged to them; but +then the country was declared to be in imminent danger of a speedy +dissolution, unless there could be a compromise effected with the South. +All hands were set at work to ascertain whether there was anything which +the government had not already granted them, and after diligent search it +was found that there was occasionally a fugitive slave escaping from +southern bondage, and as the people in some pertions of the country were +not much inclined to extend any great amount of sympathy to those who were +wont to pursue said fugitives, the South finally concluded to make this +proposition: That in case the government would compel every northern man +to aid in catching and returning the fugitive slaves at his own cost and +expense, then they, the South, would allow California to be admitted as a +free State, and suffer the Union to remain undivided. Most of us remember +well when this ultimatum was presented to us. We generally disliked the +idea of being called blood hounds and negro catchers, by the civilized +nations of the earth, saying nothing about the expense or our feelings +attending this unpleasant operation, but then we loved our country, and +could not think of its destruction without feelings of sadness, and when +the fire-eating gentry would show their teeth, brandish their bowie knives +and draw their revolvers, expressing their readiness, willingness, and +final determination to shoot down, cut and carve, and smash things +generally, provided we did not consent to catch Sambo; life being sweet to +us, and peace being desirable, we finally concluded to save our country, +even if we were compelled to chase Sambo to do it. And here again we +compromised upon the basis of what was called the Fugitive Slave Law of +1850. We do not claim any great show of bravery or firmness in this case, +but then if self degradation and humiliation to save our country is a mark +of patriotism, we would be sorry to hear of a more patriotic people than +we of the north proved ourselves to be in this transaction. + +Peace being again declared to exist, things seemed to move quietly along +until the winters of 1853-'54, when, to everybody's surprise, (I mean in +the North,) one Stephen A. Douglas, desiring to become President of the +United States, set himself at work to find out whether there was not +something more which the South might have granted her to enhance her +interests. Stephen, being a man of great industry and perseverance, +searched carefully and thoroughly, and at last he found a restriction on +the extension of the institution of slavery north of thirty-six degrees +and thirty minutes north latitude. With great earnestness, and a show of +fairness, he entered into the task of removing this restriction. He was +soon made acquainted with the fact that this restriction was but a part of +a solemn compact, and that the party for whose benefit the restriction was +established, had paid for it a large price, and a disinheritance at this +time would be gross injustice toward the party aggrieved. + +Even some of the Southern Senators labored hard to dissuade Stephen from +his purpose, on this account, but then Stephen was desirous of becoming +President, and not being excessively burthened with a high sense of +justice, he was inexorable in his undertaking, and pressed it with vigor +and energy. Southern statesmen espoused the cause with their usual +unanimity, and again declared that unless the restriction was removed this +Union would be dissolved. All will remember how reluctant the people of +the free States were to grant this demand; but, as in former times, we +loved our country, and when its very existence was threatened we were +desirous of avoiding the great calamity; hence, the restriction was +removed, and the famous Kansas and Nebraska Act became a law. + +Although the South had thus far been successful in obtaining whatever they +demanded, nevertheless, the defiant course they had pursued, the +increasing frequency, and the nature of the demands, together with their +refusal to be governed by a compromise, even after dictating the terms of +it themselves, began to open the eyes of some of our Northern +statesmen--hence, the Republican party sprang into existence in 1854 with +the avowed intention of resisting through the ballot-box each and every +encroachment from our Southern brethren thereafter. This was declared by +the South to be very dangerous to the Union, and in 1856, when the +Republicans run a candidate in the person of John C. Fremont for the +Presidency, the South declared that to be a great insult to her dignity, +and a just cause for a dissolution of the Union. She blustered and +threatened to such an extent that they succeeded in frightening the people +of some of the free States into the support of James Buchanan, which, +together with her united vote, she succeeded in carrying the election, and +Mr. Buchanan became President. It soon became evident that the South were +not any way inclined to abandon their aggressive policy. The attempt to +subjugate the people of Kansas by forcing slavery upon them, against the +well known wish of three-fourths of the inhabitants, was sufficient to +wake up still another class of the people of the free States, which caused +large accessions to the Republican party, and a complete division of the +Democratic party. Finally, the Democrats met at Charleston on the 23d day +of April, 1860, to nominate candidates for President and Vice-President. +Protection for slave property in the territories was demanded by the +South--it was rejected--the convention split and adjourned. The South +nominated a separate candidate upon the slave protection platform, and +again resorted to her old tune of declaring the Union in danger; but the +people had become disgusted with this kind of electioneering, and most +emphatically refused to be bullied into the support of that dogma; +consequently they cast their votes for Abraham Lincoln, and elected him, +which is now declared by the South to be sufficient cause for dissolving +the Union. But some of the more moderate of the Southerners are willing to +suffer a portion of the Union to remain undivided, provided the North will +consent to amend the Constitution so as to legalize slavery as a national +institution. This is a very moderate request indeed; but, fellow +countrymen, _are you ready to grant it_? + +We have thus sketched a brief history of what we believe to be the true +cause of the present crisis. And why is it the cause? The answer is plain +to everyone--the South have been in the habit of controlling the policy of +the government, by argument, if they could, but by threats of violence if +they failed with the first. They have been successful in so many schemes +of this kind, that they began to look upon that condition of things as +co-existent with our government. Now we shall not contend that our +Southern brethren are any more turbulent and ungovernable than the same +number of Northern men would be, if they had been similarly dealt with. +Had the government of the United States, instead of compromising with the +South when threats were made, pursued a straightforward course regardless +of the threats, or those who made them, and in case there had been +forcible resistance to the laws, called out sufficient force to suppress +the rebellion, then the people of the South would have learned one +important lesson in earlier times. + +This would have saved both them and the government much trouble and +expense, but since they have not learned this lesson before, they should +learn it now; and though they may be somewhat like an overgrown, +high-spirited colt, that has never been harnessed, yet, with patience, +kindness and _firmness_, we trust they will still learn the lesson without +very seriously injuring either themselves or others. Should this not be +the case, if they are determined to resist all legal restraint, can there +be any advantage in further delaying the use of force? Can any one pretend +that further concession would help the case permanently? There is no use +of dodging the question. All must admit that the great cause of our +present troubles is owing to an unwillingness of the South to submit to +any terms except such as they may dictate. And some of them have even gone +so far as to say that even though they are allowed this privilege, they +would not abandon their treasonable designs. Verily we believe that Uncle +Sam has spoiled some of his boys by over indulgence. We will endeavor to +show this to be the case, by showing that, where resistance to the laws +has been met by force, instead of concession, the people are more +law-abiding citizens, at least we hear of no threats from that source of +overthrowing the government, unless certain measures are adopted. It is a +noticeable fact that, during our national existence, there has never been +any concession, on the part of the government of the United States, +granted to any portion of the north, where there has been resistance to +the laws; but the strong arm of the government has been used to put down +such resistance whenever it became necessary. The great rebellion of 1785, +called Shay's Rebellion, was met with force, and the leaders punished. The +great Whisky Rebellion, as it is called, was suppressed with an armed +force 15,000 strong in 1794. General Washington was then president, +showing that he recognised the principle of suppressing insurrection by +force, if necessary to do so, in order to maintain the supremacy of the +law. Again, we find the United States using force to carry out the +fugitive slave law in the Burns case, and, in fact, several others. The +Kansas troubles were met with force, not compromise. All these cases have +occurred in the north, and have been promptly met by the government, which +has had a tendency to teach the people of that section of the country +that, to resist the laws, is sure to incur the legal penalty. Remonstrance +has been of no avail--the laws were pointed to as the guide. This was the +case particularly in the Kansas troubles, when the laws of the notorious +bogus legislature were being forced upon the people by the government +bayonets. Mr. Buchanan was then implored to desist, and allow the people +to re-construct the laws of the territory. They were told that, although +the laws were oppressive, yet so long as they remained on the statute +books of the territory, they were the laws of that country, and must be +enforced. This has uniformly been the course of the government toward the +people of the north. We do not complain of this, but simply refer to it to +show that, while the people of the north have been taught to obey the +laws, or suffer the penalty of their violation, the people of the south +have been allowed to control the policy of the government by threats and +violence, and as might have been expected, they have at last become +entirely insufferable. They will no longer be satisfied with anything in +reason or out of reason. They will neither be peaceable, nor allow others +to live in peace. Their demands have become more frequent and of a more +startling character--and why is this? It is because they have never been +made sensible of the fact that the government of the United States is +capable of enforcing its laws in that portion of the country as well as in +any other. + +How absurd it is, then, at this time, for us to offer them another +compromise--it would be like adding new fuel to the fire, it might +suppress the flame momentarily, but when it bursts forth again it would be +with increased vigor and violence. We should not compromise in the least +if we desire permanent peace, but administer the laws with firmness and +justice; and although it may take the force of arms to do so, yet a +rivulet of blood, spilt at this time, will prevent rivers of it in the +future. Let us not entail the evil effects of failing to perform our duty +upon our children, but sternly perform our whole duty, and transmit to the +next generation the good old ship of State in a sound and navigable +condition; and if there be mutineers who persist in her destruction let us +warn them manfully of the dangers they are incurring upon themselves, and +as a last resort, rather than give up the ship, let us arrest their +progress by force. + +Although we have given at length what we believe to be the great primary +cause of our present crisis, yet there are other more immediate causes, +among which is the course that the Northern press have pursued since this +secession movement has assumed a more positive form. Many of the leading +papers have advocated the policy of allowing such States to secede as +choose to do so. And others have been loud with their demands for +concession and compromise upon any basis that would satisfy the traitors +and restore peace. While still another class have battled manfully for the +supremacy of the laws. This division of what is taken for the public +sentiment, has been a source of consolation and encouragement to the +traitors, while the government of the United States has stood silent with +folded arms and allowed itself to be robbed of millions of dollars worth +of property without raising a hand or uttering a solitary protest against +the theft. What more encouragement could those who have been engaged in +this treasonable scheme have asked for or desired? They have been told by +a portion of the Democratic press that they were perfectly justifiable in +dissolving the Union; and by a portion of the Republican press, that +although they were by no means justifiable in committing such an +outrageous act, yet, if they were really in earnest, and were determined +to do so or fight, then they could go ahead, for there would be no +fighting to maintain a Union with such unruly neighbors. Such seems to +have been the reckless and ill-timed course on the part of the press at +this present juncture, that it has encouraged the traitors by, +representing the friends of the Union as divided into fragments, thus +removing all opposition to their reckless course. Had the press of the +North presented an unbroken front in favor of the Union, and a +determination to stand by it regardless of threats or even of violence, we +have every reason to believe that the South would have hesitated and +considered the nature of the calamity they were bringing upon themselves +and their country. That the spirit of compromise heretofore exercised on +the part of our government toward those who have threatened violence, is +the great source of our political troubles, can hardly admit of a +doubt--why should we pursue the policy still further that has brought us +to the very verge of ruin? Since it is our wavering, compromising, and +undecided course that has brought our country to ruin, let us proceed to +adopt a more firm and decided course. Give the South all that is their +right, and boldly refuse to submit to any dictation beyond our +constitutional duty. This is not the time to amend constitutions nor to +change public opinion, but let every man rally to the support of his +country, and when peace is restored and traitors have laid down their arms +and signified a willingness to submit to the laws, we will have more +leisure to investigate the nature of the proposed constitutional +amendments. + + + + +THE CRISIS, + +AND HOW TO MEET IT. + + +In the government of nations there are, sometimes, crises of the most +momentous importance. They either promote stability or terminate in ruin. +The result depends upon the virtue and patriotism of the mass of the +people, and the wisdom, prudence and unflinching firmness of their rulers +and statesmen. + +The United States of America are in the midst of just such a crisis at +present, and nothing is more important than correct views with regard to +that crisis on the part of the people. To aid in the dissemination of such +views, in order to produce unity of action among all classes of the people +is the object of this publication, in which we shall ignore mere +partisanship and take large and patriotic and comprehensive views of the +genius and principles of our government. + +One of the gravest questions for the consideration of the people of this +nation, and for their enlightened solution, has just arisen, that has ever +been presented for an answer since the formation of our republican +government. It is this: Has any State in the Union a right, under the +present Constitution, peaceably to withdraw itself from that Union, for +the purpose of setting up a separate, distinct, and, necessarily, +conflicting nationality? + +Very important is it that this question should be correctly answered in +the present juncture, and that the people should be fully prepared to act +understandingly. Vast and immeasurable results depend upon it. + +If this vital question could be answered in the affirmative, as some seem +to think, then would the federal compact, by which these States are held +together, be a mere rope of sand, without strength or tenacity, subject to +be ruptured by the slightest discord. Such a solution of the question, if +acted upon _practically_, would carry us back to the old confederation, by +the articles of which these States were connected in their associated +capacity previous to the adoption of the present constitution. And what +was that confederation? Merely a league of States, in which each +individual member of that league was at liberty to act in her sovereign +capacity, without any binding restrictions. Each individual member of that +confederation could levy taxes, raise revenue, make alliances, declare +war, make peace, and do whatever else she chose without consultation with +the rest of the members, and without being held amenable for her action, +except just so far as the general law of nations held her amenable. From +that confederation she could at any time withdraw or secede, without being +rebellious or traitorous to the other members. + +Experience proved to the satisfaction of the wise, patriotic and far +seeing fathers of the republic, that such a confederation was entirely +ineffectual for the accomplishment of the great purposes for which it was +formed. It possessed not the concentrated power of binding and +irrepealable unity to protect the common flag of a common Union. It could +not, therefore, command the respect and the honor of other nations, nor +promote its own stability and permanence. + +Is the present Union similar to that? Can a South Carolina, or a +Massachusetts, or any other disaffected State withdraw or secede at will, +as she could from the Old Confederation, and set up, if she choose, an +independent nationality? No such thing. The present compact and +constitution grew out of the absolute necessities consequent upon the +inefficiency of the old confederation. They were established solely to +prevent or obviate that inefficiency, and provide a common flag and a +common government capable of commanding respect. An examination of the +present Constitution will show that fact. We will, therefore, present +those provisions of that instrument which have a direct bearing upon the +decision of this question, and then show by the record how the fathers of +that Constitution understood its powers, and how that understanding has +been confirmed by all the precedents in the history of the government to +the present time. + +The very preamble of the Constitution itself shows that it was formed for +the purpose of establishing a government stronger and more efficient than +the old confederation. It is in these words: + + "We, the people of the United States, in order to form a more perfect + union, establish justice, ensure domestic tranquility, provide for the + common defence, promote the general welfare, and secure the blessings + of liberty to ourselves and our posterity, do ordain and establish + this Constitution for the United States of America." + +Among other things, this preamble declares that the present constitution +was "ordained and established" "in order to form _a union more perfect_" +than existed under the provisions of the old confederation--a union that +could not be dissolved at the pleasure or choice of any State or any +number of States without the consent of three-fourths of the sovereign +people. It conceded to a general government certain powers and rights, +which were, of course, subtracted from the powers and rights of the +separate State sovereignties, and these powers and rights were vested +solely in the hands of a President, "a Congress of the United States," and +a Supreme Court created and elected according to the provisions of that +constitution. And now, to understand this matter, what were those +particular powers and rights which were thus abstracted from the separate +State sovereignties and vested in a general government? They are very +emphatically, clearly and forcibly declared in article I, section 8, of +the constitution of the United States. They are thus expressed: + + "The Congress shall have power-- + + "1. To lay and collect taxes, duties, imposts, excises; to pay the + debts, and provide for the common defence and general welfare of the + United States; but all duties, imposts, and excises shall be uniform + throughout the United States; + + "2. To borrow money on the credit of the United States; + + "3. To regulate commerce with foreign nations, and among the several + States, and with the Indian tribes; + + "4. To establish an uniform rule of naturalization, and uniform laws + on the subject of bankruptcies throughout the United States; + + "5. To coin money, regulate the value thereof, and of foreign coin, + and fix the standard of weights and measures; + + "6. To provide for the punishment of counterfeiting the securities and + current coin of the United States; + + "7. To establish post offices and post roads; + + "8. To promote the progress of science and useful arts, by securing + for limited times, to authors and inventors, the exclusive right to + their respective writings and discoveries; + + "9. To constitute tribunals inferior to the Supreme Court; to define + and punish piracies and felonies committed on the high seas, and + offences against the law of nations; + + "10. To declare war, grant letters of marque and reprisal, and make + rules concerning captures on land and water; + + "11. To raise and support armies; but no appropriations of money to + that use, shall be for a longer term than two years; + + "12. To provide and maintain a navy; + + "13. To make rules for the government and regulation of the land and + naval forces; + + "14. To provide for calling forth the militia to execute the laws of + the Union, suppress insurrections, and repel invasions; + + "15. To provide for organizing, arming and disciplining the militia, + and for governing such part of them as may be employed in the service + of the United States, reserving to the States, respectively, the + appointment of the officers and the authority of training the militia, + according to the discipline prescribed by Congress; + + "16. To exercise exclusive legislation in all cases whatsoever, over + such district (not exceeding ten miles square) as may, by cession of + particular States, and the acceptance of Congress, become the seat of + government of the United States, and to exercise like authority over + all places purchased by the consent of the legislature of the State in + which the same shall be, for the erection of forts, magazines, + arsenals, dock yards and other needful buildings:--And + + "17. To make all laws which shall be necessary and proper for carrying + into execution the foregoing powers, and all other powers vested by + this constitution in the government of the United States, or in any + department or officer thereof." + +The powers enumerated in this section are very definite, and nothing we +could say would make that fact appear more apparent. Now if these powers +are conferred upon the general government by the common consent of all the +States of the Union, or more especially by all the people of all the +States, can any one State exercise any of those reserved powers? Most +certainly not. But the framers of the constitution did not leave this to +be inferred. They settled the question definitely in section ten. Here it +is: + + "1. No State shall enter into any treaty, alliance, or confederation; + grant letters of marque and reprisal; coin money; emit bills of + credit; make anything but gold and silver coin a tender in payment of + debts; pass any bill of attainder, ex post facto law, or law impairing + the obligation of contracts; or grant any title of nobility. + + "2. No State shall, without the consent of the Congress, lay any + imposts or duties on imports or exports, except what maybe absolutely + necessary for executing its inspection laws; and the nett produce of + all duties and imposts, laid by any State on imports or exports, shall + be for the use of the treasury of the United States, and all such laws + shall be subject to the revision and control of the Congress. No State + shall, without the consent of Congress, lay any duty of tunnage, keep + troops or ships of war in time of peace, enter into any agreement or + compact with another State, or with a foreign power, or engage in war, + unless actually invaded, or in such imminent danger as will not admit + of delay." + +This section plainly and positively _prohibits_ the States from doing +certain things _without the consent_ of Congress. They can neither +contract alliances, collect revenue, coin money, nor engage in war in +their capacity of States. + +To guard the powers of the general government from encroachment on the +part of the States, and to preserve them intact and unimpaired, the +President of the United States, as the chief Executive officer of the +government, takes this oath: + + "I DO SOLEMNLY SWEAR (or affirm) THAT I WILL FAITHFULLY EXECUTE THE + OFFICE OF PRESIDENT OF THE UNITED STATES, AND WILL, TO THE BEST OF MY + ABILITY, PRESERVE, PROTECT AND DEFEND THE CONSTITUTION OF THE UNITED + STATES." + +We have thus far enumerated some of the _powers_ delegated by the +Constitution _to the_ federal government in the precise language of that +constitution, and have shown that the chief executive of the government is +sworn to exercise those powers by enforcing the constitution, and, of +course, the laws, &c., which are made under its sanction and by its +authority. + +This constitution was adopted by a vast majority of the people of every +State in the Union--adopted too with the understanding that it was +_perpetually_ binding--adopted _without any proviso for withdrawal or +secession_ in case of dissatisfaction--adopted when it was known that, +even to amend it, either two-thirds of both houses of Congress must +"propose amendments, or two-thirds of all the State Legislatures unite in +an application to call a convention of States for proposing amendments," +and that, when such amendments were proposed, they must "_be ratified_" by +"the legislatures of _three-fourths_ of all the States, or by conventions +in _three-fourths_ thereof." This shows clearly and conclusively that our +fathers considered that they were establishing a government +indissoluble--a government for all time, incapable of disruption by +separate State action or by the violence of local faction. + +In the strong light of these facts how are we to regard the present +attitude of South Carolina? As treasonable and rebellious to rightful +authority, which she herself assisted to establish. She has no right +whatever, under the existing compact, to withdraw herself from the Union, +or to annul that compact into which she voluntarily entered, when she +adopted that constitution. By that adoption she forever signed away such a +right--voluntarily she sets her signature to a compact having no such +proviso of choice. If she secede then--if she break, or attempt to break, +that compact, she engages in a revolution, and revolution is +rebellion--revolution is _treason_. Of that capital crime she, or rather +her citizens, are even now guilty. "What constitutes treason? The +constitution defines it in Article 3, Section III: + + "1. Treason against the United States shall consist only in levying + war against them, or in adhering to their enemies, giving them aid and + comfort. No person shall be convicted of treason unless on the + testimony of two witnesses to the same overt act, or on confession in + open court. + + "2. The congress shall have power to declare the punishment of + treason; but no attainder of treason shall work corruption of blood, + or forfeiture, except during the life of the person attainted." + +Now has not South Carolina "levied war?" Has she not collected armies to +resist the United States? Has she not obstructed the collection of the +revenue of the nation? Has she not even taken the fortifications and +arsenals and confiscated the property of the United States? All these +things has she done, and if this be not "levying war"--if this be not +"treason"--rank "treason," I know not what is. And yet, strange as it may +seem, there are men in all the States so wedded to party that they +encourage and justify South Carolina in her mad secession schemes, and by +so doing give "aid and comfort" to the sworn "enemies" of the United +States. Did they ever think that they too are traitors, and that they are +as legally deserving of a halter as the madest secession hotspur of South +Carolina? + +Like the old tories of the revolution, they are, however, but few in the +Northern States, and their number, thanks to the intelligence of the +people, is rapidly growing less. Soon will there be but one sentiment in +all sane minds upon this subject. All will see that this Union must be +preserved, unbroken by rebels, and traitors be brought to condign +punishment, unless we would insanely jeopardise all for which our fathers +fought and bled and died upon the battle fields of the revolution. + +To aid in creating a healthy public sentiment upon this important subject, +I will now give some of the arguments in favor of the Union and of the +present constitution, advanced by some of the early fathers of the +republic. To do this, I shall first draw largely from certain political +papers, entitled the "Federalist," written while the adoption of the +present constitution was pending, and addressed to the people of the State +of New York, to explain the principles of the new constitution, and to +enforce the propriety and necessity of its adoption. They were the united +productions of John Jay, James Madison, and Alexander Hamilton, three +brilliant political lights. + +In the first eight numbers of these papers the dangers of foreign force +and influence, and of war between the States, and the effects of internal +war in producing standing armies unfriendly to liberty, were portrayed in +a very masterly manner. Several other papers follow from which I quote +largely, as they are just as appropriate now to show the benefits of a +stable and consolidated Union, and the evils of _disunion_, as then: + + "THE UTILITY OF THE UNION AS A SAFEGUARD AGAINST DOMESTIC FACTION AND + INSURRECTIONS. + + "A firm union will be of the utmost moment to the peace and liberty of + the States, as a barrier against domestic faction and insurrection. + + "It is impossible to read the history of the petty republics of Greece + and Italy, without feeling sensations of horror and disgust at the + distractions with which they were continually agitated, and at the + rapid succession of revolutions, by which they were kept perpetually + vibrating between the extremes of tyranny and anarchy. If they exhibit + occasional calms, these only serve as short-lived contrasts to the + furious storms that are to succeed. If now and then intervals of + felicity open themselves to view, we behold them with a mixture of + regret arising from the reflection, that the pleasing scenes before us + are soon to be overwhelmed by the tempestuous waves of sedition and + party rage. If momentary rays of glory break forth from the gloom, + while they dazzle us with a transient and fleeting brilliancy, they at + the same time admonish us to lament that the vices of government + should pervert the direction and tarnish the luster of those bright + talents and exalted endowments, for which the favored soils that + produced them have been so justly celebrated. + + "From the disorders that disfigure the annals of those republics, the + advocates of despotism have drawn arguments, not only against the + forms of republican government but against the very principles of + civil liberty. They have decried all free government as inconsistent + with the order of society, and have indulged themselves in malicious + exultation over its friends and partizans. Happily for mankind, + stupendous fabrics reared on the basis of liberty, which have + flourished for ages, have, in a few glorious instances, refuted their + gloomy sophisms. And, I trust, America will be the broad and solid + foundation of other edifices not less magnificent, which will be + equally permanent monuments of their error. + + "But it is not to be denied, that the portraits they have sketched of + republican government, were too just copies of the originals from + which they were taken. If it had been found impracticable to have + devised models of a more perfect structure, the enlightened friends of + liberty would have been obliged to abandon the cause of that species + of government as indefensible. The science of politics, however, like + most other sciences, has received great improvement. The efficacy of + various principles is now well understood, which were either not known + at all, or imperfectly known to the ancients. The regular distribution + of power into distinct departments; the introduction of legislative + balances and checks; the institution of courts composed of judges, + holding their offices during good behavior; the representation of the + people in the legislature, by deputies of their own election; these + are either wholly new discoveries, or have made their principal + progress towards perfection in modern times. They are means, and + powerful means, by which the excellencies of republican government may + be retained, and its imperfections lessoned or avoided. To this + catalogue of circumstances, that tend to the amelioration of popular + systems of civil government, I shall venture, however novel it may + appear to some, to add one more, on a principle which has been made + the foundation of an objection to the new constitution; I mean the + ENLARGEMENT of the ORBIT within which such systems are to revolve, + either in respect to the dimensions of a single State, or to the + consolidation of several smaller States into one great confederacy. + The latter is that which immediately concerns the object under + consideration. It will, however, be of use to examine the principle in + its application to a single State, which shall be attended to in + another place. + + "The utility of a confederacy, as well to suppress faction, and to + guard the internal tranquility of States, as to increase their + external force and security, is in reality not a new idea. It has been + practiced upon in different countries and ages, and has received the + sanction of the most approved writers on the subject of politics. The + opponents of the PLAN proposed have with great assiduity cited and + circulated the observations of Montesquieu on the necessity of a + contracted territory for a republican government. But they seem not to + have been apprized of the sentiments of that great man expressed in + another part of his work, nor to have adverted to the consequences of + the principle to which they subscribe with such ready acquiescence. + + "When Montesquieu recommends a small extent for republics, the + standards he had in view were of dimensions far short of the limits of + almost every one of these States. Neither Virginia, Massachusetts, + Pennsylvania, New York, N. Carolina, nor Georgia, can by any means be + compared with the models from which he reasoned, and to which the + terms of his description apply. If we therefore receive his ideas on + this point, as the criterion of truth, we shall be driven to the + alternative either of taking refuge at once in the arms of monarchy, + or of splitting ourselves into an infinity of little, jealous, + clashing, tumultuous commonwealths, the wretched nurseries of + unceasing discord, and the miserable objects of universal pity or + contempt. Some of the writers who have come forward on the other side + of the question, seem to have been aware of the dilemma, and have even + been bold enough to hint at the division of the larger States as a + desirable thing. Such an infatuated policy, such a desperate + expedient, might, by the multiplication of petty offices, answer the + views of men who possess not qualifications to extend their influence + beyond the narrow circles of personal intrigue; but it could never + promote the greatness or happiness of the people of America. + + "Referring the examination of the principle itself to an other place, + as has been already mentioned, it will be sufficient to remark here, + that in the sense of the author who has been most emphatically quoted + upon the occasion, it would only dictate a reduction of the SIZE of + the more considerable MEMBERS of the Union; but would not militate + against their being all comprehended in one confederate government. + And this is the true question, in the discussion of which we are at + present interested. + + "So far are the suggestions of Montesquieu from standing in opposition + to a general union of the States, that he explicitly treats of a + CONFEDERATE REPUBLIC, as the expedient for extending the sphere of + popular government, and reconciling the advantages of monarchy with + those of republicanism. + + "'It is very probable, says he,[1] that mankind would have been + obliged, at length, to live constantly under the government of a + SINGLE PERSON, had they not contrived a kind of constitution, that has + all the internal advantages of a republican, together with the + external force of a monarchical government. I mean a CONFEDERATE + REPUBLIC. + + "'This form of government is a convention, by which several smaller + _States_ agree to become members of a larger _one_, which they intend + to form. It is a kind of assemblage of societies, that constitute a + new one, capable of increasing by means of new associations, till they + arrive to such a degree of power as to be able to provide for the + security of the united body. + + "'A republic of this kind, able to withstand an external force, may + support itself without any internal corruption. The form of this + society prevents all manner of inconveniences. + + "'If a single member should attempt to usurp the supreme authority, he + could not be supposed to have an equal authority and credit in all the + confederate States. Were he to have too great influence over one, this + would alarm the rest. Were he to subdue a part, that which would still + remain free might oppose him with forces, independent of those which + he had usurped, and overpower him before he could be settled in his + usurpation. + + "'Should a popular insurrection happen in one of the confederate + States, the others are able to quell it. Should abuses creep into one + part, they are reformed by those that remain sound. The State may be + destroyed on one side and not on the other; the confederacy may be + dissolved and the confederates preserve their sovereignty. + + "'As this government is composed of small republics, it enjoys the + internal happiness of each, and with respect to its external + situation, it is possessed, by means of the association, of all the + advantages of large monarchies.' + + "I have thought it proper to quote at length these interesting + passages, because they contain a luminous abridgment of the principal + arguments in favor of the Union, and must effectually remove the false + impressions which a misapplication of the other parts of the work were + calculated to produce. They have, at the same time, an intimate + connection with the more immediate design of this paper; which is to + illustrate the tendency of the Union to repress domestic faction and + insurrection. + + "A distinction, more subtle than accurate, has been raised between a + _confederacy_ and a _consolidation_ of the States. The essential + characteristic of the first, is said to be the restriction of its + authority to the members in their collective capacities, without + reaching to the individuals of whom they are composed. It is contended + that the national council ought to have no concern with any object of + internal administration. An exact equality of suffrage between the + members, has also been insisted upon as a leading feature of a + confederate government. These positions are, in the main, arbitrary; + they are supported neither by principle nor precedent. It has indeed + happened, that governments of this kind have generally operated in the + manner which the distinction taken notice of supposes to be inherent + in their nature; but there have been in most of them extensive + exceptions to the practice, which serve to prove, as far as example + will go, that there is no absolute rule on the subject. And it will be + clearly shown, in the course of this investigation, that, as far as + the principle contended for has prevailed, it has been the cause of + incurable disorder and imbecility in the government. + + "The definition of a _confederate republic_ seems simply to be 'an + assemblage of societies,' or an association of two or more States into + one State. The extent, modifications, and objects of the federal + authority are mere matters of discretion. So long as the separate + organization of the members be not abolished, so long as it exists by + a constitutional necessity for local purposes, though it should be in + perfect subordination to the general authority of the Union, it would + still be, in fact and theory, an association of States, or a + confederacy The proposed constitution, so far from implying an + abolition of the State government, makes them constituent parts of the + national sovereignty, by allowing them a direct representation in the + senate, and leaves in their possession certain exclusive, and very + important, portions of the sovereign power. This fully corresponds, in + every rational import of the terms, with the idea of a federal + government. + + "In the Lycian confederacy, which consisted of twenty-three CITIES, or + republics, the largest were entitled to _three_ votes in the COMMON + COUNCIL, those of the middle class to _two_, and the smallest to + _one_. The COMMON COUNCIL had the appointment of all the judges and + magistrates of the respective CITIES. This was certainly the most + delicate species of interference in their internal administration; for + if there be anything that seems exclusively appropriated to the local + jurisdictions, it is the appointment of their own officers. Yet + Montesquieu, speaking of this association, says, 'Were I to give a + model of an excellent confederate republic, it would be that of + Lycia.' Thus we perceive that the distinctions insisted upon were not + within the contemplation of this enlightened writer, and we shall be + led to conclude that they are the novel refinements of an erroneous + theory." + +The important paper just quoted from the "Federalist," is from the gifted +pen of James Madison, so long a prominent and leading statesman in the +democratic party, and one of the framers of our present government. Had we +space we would quote another, equally important, from the same source and +upon the same subject. + +This paper, its pointed facts and its powerful reasoning in favor of a +stable Union, such as was contemplated by the present constitution, and +against the defects of the old confederation, we commend to the particular +attention of the thinking masses of the present democratic party. Although +written before the adoption of the existing constitution, and for the +express purpose of inducing the people to ratify that constitution, it +contains much that is applicable to the present political juncture, +inasmuch as the present secession dogmas of South Carolina and of the +Calhoun school of politicians are exactly the loose, inefficient +principles of that old confederation, and opposed to those of the present +constitution. + +We will here make an extract from another paper of the "Federalist," to +show how Jay, Madison and Hamilton regarded the defects of that +confederation--to illustrate, with clearness, the _absolute necessity_ of +the adoption of our present constitution, considering, as they did, that +it would constitute an efficient remedy for those defects: + + "CONCERNING THE DEFECTS OF THE PRESENT CONFEDERATION, IN RELATION TO + THE PRINCIPLE OF LEGISLATION FOR THE STATES IN THEIR COLLECTIVE + CAPACITIES. + + "In the course of the preceding papers, I have endeavored, my fellow + citizens, to place before you, in a clear and convincing light, the + importance of union to your political safety and happiness. I have + unfolded to you a complication of dangers to which you would be + exposed, should you permit that sacred knot, which binds the people of + America together, to be severed or dissolved by ambition or by + avarice, by jealousy or by misrepresentation. In the sequel of the + inquiry, through which I propose to accompany you, the truths intended + to be inculcated will receive further confirmation from facts and + arguments hitherto unnoticed. + + "In pursuance of the plan which I have laid down for the discussion of + the subject, the point next in order to be examined is the + 'insufficiency of the present confederation to the preservation of the + Union.' + + "It may perhaps be asked what need there is of reasoning or proof to + illustrate a position which is neither controverted nor doubted; to + which the understandings and feelings of all classes of men assent; + and which, in substance is admitted by the opponents as well as by the + friends of the new constitution? It must in truth be acknowledged, + that however these may differ in other respects, they in general + appear to harmonize in the opinion, that there are material + imperfections in our national system, and that something is necessary + to be done to rescue us from impending anarchy. The facts that support + this opinion are no longer objects of speculation. They have forced + themselves upon the sensibility of the people at large, and have at + length extorted from those whose mistaken policy has had the principal + share in precipitating the extremity at which we have arrived, a + reluctant confession of the reality of many of those defects in the + scheme of our federal government, which have been long pointed out and + regretted by the intelligent friends of the Union. + + "We may indeed with propriety, be said to have reached almost the last + stage of national humiliation. There is scarcely anything that can + wound the pride, or degrade the character, of an independent people, + which we do not experience. Are there engagements, to the performance + of which we are held by every tie respectable among men? These are the + subjects of constant and unblushing violation. Do we owe debts to + foreigners, and to our own citizens, contracted in a time of imminent + peril, for the preservation of our political existence? These remain + without any proper or satisfactory provision for their discharge. Have + we valuable territories and important posts in the possession of a + foreign power, which, by express stipulations, ought long since to + have been surrendered? These are still retained, to the prejudice of + our interest not less than of our rights. Are we in a condition to + resent or to repel the aggression? We have neither troops, nor + treasury, nor government.[2] Are we even in a condition to remonstrate + with dignity? The just imputations on our own faith, in respect to the + same treaty, ought first to be removed. Are we entitled, by nature and + compact, to a free participation in the navigation of the Mississippi? + Spain excludes us from it. Is public credit an indispensable resource + in time of public danger? We seem to have abandoned its cause as + desperate and irretrievable. Is commerce of importance to national + wealth? Ours is at the lowest point of declension. Is respectability + in the eyes of foreign powers, a safeguard against foreign + encroachments? The imbecility of our government even forbids them to + treat with us: Our ambassadors abroad are the mere pageants of mimic + sovereignty. Is a violent and unnatural decrease in the value of land + a symptom of national distress? The price of improved land, in most + parts of the country, is much lower than can be accounted for by the + quantity of waste land at market, and can be only fully explained by + that want of private and public confidence, which are so alarmingly + prevalent among all ranks, and which have a direct tendency to + depreciate property of every kind. Is private credit the friend and + patron of industry? That most useful kind which relates to borrowing + and lending, is reduced within the narrowest limits, and this still + more from an opinion of insecurity than from a scarcity of money. To + shorten an enumeration of particulars which can afford neither + pleasure nor instruction, it may in general be demanded, what + indication is there of national disorder, poverty, and insignificance, + that could befal a community so peculiarly blessed with natural + advantages as we are, which does not form a part of the dark catalogue + of our public misfortunes? + + "This is the melancholy situation to which we have been brought by + those very maxims and councils, which would now deter us from adopting + the proposed constitution; and which, not content with having + conducted us to the brink of a precipice, seem resolved to plunge us + into the abyss that awaits us below. Here, my countrymen, impelled by + every motive that ought to influence an enlightened people, let us + make firm stand for our safety, our tranquility, our dignity, our + reputation. Let us at last break the fatal charm which has too long + seduced us from the paths of felicity and prosperity. + + "It is true, as has been before observed, that facts too stubborn to + be resisted, have produced a species of general assent to the abstract + proposition, that there exist material defects in our national system; + but the usefulness of the concession, on the part of the old + adversaries of federal measures, is destroyed by a strenuous + opposition to a remedy, upon the only principles that can give it a + chance of success. While they admit that the government of the United + States is destitute of energy, they contend against conferring upon it + those powers which are requisite to supply that energy. They seem + still to aim at things repugnant and irreconcilable; at an + augmentation of federal authority, without a diminution of State + authority; at sovereignty in the Union, and complete independence in + the members. They still, in fine, seem to cherish with blind devotion + the political monster of an _imperium in imperio_. This renders a full + display of the principal defects of the confederation necessary, in + order to show, that the evils we experience do not proceed from minute + or partial imperfections, but from fundamental errors in the structure + of the building, which cannot be amended, otherwise than by an + alteration in the very elements and main pillars of the fabric. + + "The great and radical vice in the construction of the existing + confederation, is in the principle of LEGISLATION for STATES or + GOVERNMENTS in their CORPORATE or COLLECTIVE CAPACITIES, and as + contradistinguished from the INDIVIDUALS of whom they consist. Though + this principle does not run through all the powers delegated to the + Union, yet it pervades and governs those on which the efficacy of the + rest depends." + +A violation of any of the articles of the old confederation was the act +only of the States, as sovereign and independent parties to a contract, +and did not implicate individuals in the crime of _treason_, if acting +_under the sanction_ of such a State. Not so, however, with individuals +under the present constitution, even though acting under the sanction of +particular States; because the present constitution is that of the +_people_ and not of the States as States in their sovereign capacity, for +the _people_ of the States have delegated to a general government, in the +constitution, certain powers, which are taken away from the States, and +cannot, therefore, be exercised by those States without subjecting the +_people_ of the States so exorcising them to punishment for _high +treason_. + +To show that eminent statesmen, even before the adoption of our present +constitution, so regarded the principles of the government proposed to be +established under it, we will quote another extract from the "Federalist," +commencing on page 102 of vol. I: + + "If it be possible to construct a federal government capable of + regulating the common concerns, and preserving the general + tranquility, it must be founded, as to the objects committed to its + care, upon the REVERSE of the principle contended for by the opponents + of the proposed constitution. It must carry its agency to the PERSONS + OF THE CITIZENS. It must stand in need of no intermediate legislation; + but must itself be empowered to employ the arm of the ordinary + magistrate to execute its own resolutions. The majesty of the national + authority must be manifested through the medium of the courts of + justice. The government of the Union, like that of each State, must be + able to address itself immediately to the hopes and fears of + INDIVIDUALS, and to attract to its support those passions which have + the strongest influence upon the human heart. It must, in short, + possess all the means, and have a right to all the methods, of + executing the powers with which it is entrusted, that are possessed + and exercised by the governments of the particular States." + +An argument against the adoption of our present constitution was urged by +its enemies to prevent its adoption, that it would create a central +government _too strong_--a government _so strong_ as to endanger the +reserved rights of the States. This objection is thus stated and answered +upon pages 106 and 107, vol. I, of the "Federalist:" + + "It may be said, that it would tend to render the government of the + Union too powerful, and to enable it to absorb those residuary + authorities which it might be judged proper to leave with the States + for local purposes. Allowing the utmost latitude to the love of power, + which any reasonable man can require, I confess I am at a loss to + discover what temptation the persons entrusted with the administration + of the general government, could ever feel to divest the States of the + authorities of that description. The regulation of the mere domestic + police of a State appears to me to hold out slender allurements to + ambition. Commerce, finance, negotiation, and war seem to comprehend + all the objects which have charms for minds governed by that passion; + and all the powers necessary to those objects ought, in the first + instance, to be lodged in the national depository. The administration + of private justice between the citizens of the same State; the + supervision of agriculture, and of other concerns of a similar nature; + all those things, in short, which are proper to be provided for by + local legislation, can never be desirable cares of a general + jurisdiction. It is, therefore, improbable that there should exist a + disposition in the federal councils to usurp the powers with which + they are connected; because the attempt to exercise them would be as + troublesome as it would be nugatory; and the possession of them, for + that reason, would contribute nothing to the dignity, to the + importance, or to the splendor of the national government." + +We will close our extracts from the luminous papers of the "Federalist," +with the following, premising, however, that, in these fearful times of +raging secession madness, it would be well if the whole two volumes could +be put in the hands of every intelligent individual in the nation. This +extract refers again to the defects and the lamentable inefficiency of the +old confederation, as contrasted with the proposed efficiency and +stability of the government under the new constitution, a subject which +cannot be too deeply engraven upon the mind of every patriot to whatever +party he may belong. It can be found commencing upon page 131, of vol. 1, +of the "Federalist," and ending on page 133: + + "Having in the three last numbers taken a summary review of the + principal circumstances and events which depict the genius and fate of + other confederate governments, I shall now proceed in the enumeration + of the most important of those defects which have hitherto + disappointed our hopes from the system established among ourselves. To + form a safe and satisfactory judgment of the proper remedy, it is + absolutely necessary that we should be well acquainted with the extent + and malignity of the disease. + + "The next most palpable defect of the existing confederation, is the + total want of a SANCTION to its laws. The United States, as now + composed, have no power to exact obedience, or punish disobedience to + their resolutions, either by pecuniary mulcts, by a suspension or + divestiture of privileges, or by any other constitutional means. There + is no express delegation of authority to them to use force against + delinquent members; and if such a right should be ascribed to the + federal head, as resulting from the nature of the social compact + between the States, it must be by inference and construction, in the + face of that part of the second article, by which it is declared, + 'that each State shall retain every power, jurisdiction, and right, + not _expressly_ delegated to the United States in Congress assembled.' + The want of such a right involves, no doubt, a striking absurdity, but + we are reduced to the dilemma, either of supposing that deficiency, + preposterous as it may seem, or of contravening or explaining away a + provision, which has been of late a repeated theme of the eulogies of + those who oppose the new constitution; and the omission of which, in + that plan, has been the subject of much plausible animadversion and + severe criticism. If we are unwilling to impair the force of this + applauded provision, we shall be obliged to conclude that the United + States affords the extraordinary spectacle of a government destitute + even of the shadow of constitutional power to enforce the execution of + its own laws. It will appear, from the specimens which have been + cited, that the American confederacy, in this particular, stands + discriminated from every other institution of a similar kind, and + exhibits a new and unexampled phenomenon in the political world. + + "The want of a mutual guarantee of the State governments, is another + capital imperfection in the federal plan. There is nothing of this + kind declared in the articles that compose it; and to imply a tacit + guarantee from considerations of utility, would be a still more + flagrant departure from the clause which has been mentioned, than to + imply a tacit power of coercion, from the like consideration. The want + of a guarantee, though it might in its consequences endanger the + Union, does not so immediately attack its existence, as the want of a + constitutional sanction to its laws. + + "Without a guarantee, the assistance to be derived from the Union in + repelling those domestic dangers, which may sometimes threaten the + existence of the State constitutions, must be renounced. Usurpation + may rear its crest in each State, and trample upon the liberties of + the people, while the national government could legally do nothing + more than behold its encroachments with indignation and regret. A + successful faction may erect a tyranny on the ruins of order and law, + while no succor could constitutionally be afforded by the Union to the + friends and supporters of the government. The tempestuous situation, + from which Massachusetts has scarcely emerged, evinces, that dangers + of this kind are not merely speculative. Who can determine what might + have been the issue of her late convulsions, if the mal-contents had + been headed by a Caesar or by a Cromwell? Who can predict what a + despotism, established in Massachusetts, would have upon the liberties + of New Hampshire or Rhode Island, of Connecticut or New York? + + "The inordinate pride of State importance has suggested to some minds + an objection to the principle of a guarantee to the federal + government, as involving an officious interference in the domestic + concerns of the members. A scruple of this kind would deprive us of + one of the principal advantages to be expected from Union, and can + only flow from a misapprehension of the nature of the provision + itself. It could be no impediment to reforms of the State + constitutions by a majority of the people in a legal and peaceable + mode. This right would remain undiminished. The guarantee could only + operate against changes to be effected by violence. Towards the + prevention of calamities of this kind, too many checks cannot be + provided. The peace of society and the stability of government depend + absolutely on the efficacy of the precautions on this head. Where the + whole power of the government is in the hands of the people, there is + the less pretence for the use of violent remedies, in partial or + occasional distempers of the State. The natural cure for an + ill-administration, in a popular representative constitution, is a + change of men. A guarantee by the national authority would be as much + directed against the usurpations of rulers, as against the ferments + and outrages of faction and sedition in the community." + +We have thus far briefly enumerated some of the important powers granted +by the people of the United States in their sovereign capacity, to the +present federal government. We have endeavored to show that the people, +having granted certain powers to the general government, such powers are +necessarily withdrawn from the several States by the people thereof for +the purpose of establishing one grand central power, which, when exercised +within its delegated authority, should be recognized as the supreme law of +the land; hence the people of the several States having to the extent of +the powers granted, surrendered the separate State sovereignty, they +became one grand, inseparable, sovereign and independent nation. The very +fact that each and every citizen of our entire country has a voice in +controlling the policy of the general government, shows conclusively that +they owe obedience to its enactments, consequently, our national laws are +alike binding upon every individual from Florida to Maine, and from the +Atlantic to the Pacific Ocean. + +But independent of our arguments, we have in the foregoing pages presented +copious extracts from letters written by Messrs. Madison, Jay and Hamilton +pending the adoption of the constitution, all of which must convince the +most skeptical, that all parties at that time understood that they were +granting certain powers to the general government that could not +thereafter be resumed and controlled by the various States. The able +manner in which the importance of such an arrangement is argued, the clear +and conclusive reasoning, the contrasts drawn between one great and +powerful nation and several petty, jealous, contending little +sovereignties, should cast into the shade the weak sophism that is palmed +off by the political demagogues of the present day for the purpose of +dividing the people, under the disguise of what is called State +sovereignty. + +The arguments already advanced to show that we have a national government +whose authority is supreme throughout the length and breadth of this +country, (State laws to the contrary notwithstanding,) should be +sufficient to convince the most ultra States rights secessionist that his +dogma is only a garbled name for treason. Nevertheless, we will now +proceed to give in full the celebrated Proclamation issued to the +nullifiers of South Carolina twenty-eight years ago by the hero of the +battle of New Orleans, recommending its careful perusal by every American +citizen who has a spark of patriotism left within him. Its noble, +patriotic sentiments will be found decidedly refreshing when contrasted +with the crouching imbecility and indecision that has characterized not +only James Buchanan but many of our leading politicians in the present +dangerous, suffering and distracted condition of our beloved country. + +General Jackson, a brave, daring, noble hero, knowing his duty, hastened +to perform it in defiance of every obstacle; he resolves to save his +country, at every hazard, from falling into the vortex of anarchy, ruin +and disgrace. + +When the hydra-headed monster, treason, began to make its appearance, the +honored son of Tennessee, whose name is held in reverence by every friend +of liberty, whose memory will be honored as the savior of his country, +actuated by a high sense of his duty, with true Roman firmness, standing +upon the temple of liberty, proclaiming to the world that he will maintain +the integrity of his country or perish while marching under its glorious +banner warning the enemies of the Union, to pause and consider the awful +consequences of persisting in their treasonable designs, and decide +whether they are prepared to assume such a terrible responsibility. + +I will now give his proclamation in full, hoping that the spirit of +patriotism, firmness and justice therein contained will cause a heartfelt +response by my fellow countrymen. + + + + +PRESIDENT'S PROCLAMATION. + +_Proclamation of Andrew Jackson, President of the United States._ + + +WHEREAS, a convention assembled in the State of South Carolina have passed +an ordinance, by which they declare "That the several acts and parts of +acts of the congress of the United States, purporting to be laws for the +imposing of duties and imposts on the importation of foreign commodities, +and now having actual operation and effect within the United States, and +more especially," two acts for the same purposes passed on the 29th of +May, 1828, and on the 14th of July, 1832, "are unauthorized by the +constitution of the United States, and violate the true meaning and intent +thereof, and are null and void, and no law," nor binding on the citizens +of that State or its officers: and by the said ordinance, it is further +declared to be unlawful for any of the constituted authorities of the +State or of the United States to enforce the payment of the duties imposed +by the said acts within the same State, and that it is the duty of the +Legislature to pass such laws as may be necessary to give full effect to +the said ordinance: + +AND WHEREAS, By the said ordinance, it is further ordained that, in no +case of law or equity decided in the courts of said State, wherein shall +be drawn in question the validity of the said ordinance, or of the acts of +the legislature that may be passed to give it effect, or of the said laws +of the United States, no appeal shall be allowed to the Supreme Court of +the United States, nor shall any copy of the record be permitted or +allowed for that purpose, and that any person attempting to take such +appeal shall be punished as for a contempt of court: + +And, finally, the said ordinance declares that the people of South +Carolina will maintain the said ordinance at every hazard; and that they +will consider the passage of any act, by congress, abolishing or closing +the ports of the said State, or otherwise obstructing the free ingress or +egress of vessels to and from the said ports, or any other act of the +Federal Government to coerce the State, shut up her ports, destroy or +harrass her commerce, or to enforce the said acts otherwise than through +the civil tribunals of the country, as inconsistant with the longer +continuance of South Carolina in the Union, and that the people of the +said State will thenceforth hold themselves absolved from all further +obligation to maintain or preserve their political connection with the +people of the other States, and will forthwith proceed to organize a +separate government, and do all other acts and things which sovereign and +independent States may of right do. + +AND WHEREAS, the said ordinance prescribes to the people of South Carolina +a course of conduct in direct violation of their duty as citizens of the +United States, contrary to the laws of their country, subversive of its +constitution, and having for its object the destruction of the Union--that +Union, which, coeval with our political existence, led our fathers, +without any other ties to unite them than those of patriotism and a common +cause, through a sanguinary struggle to a glorious independence--that +sacred Union, hitherto inviolate, which, perfected by our happy +constitution, has brought us, by the favor of Heaven, to a state of +prosperity at home, and high consideration abroad, rarely, if ever, +equalled in the history of nations. To preserve this bond of our political +existence from destruction, to maintain inviolate this state of national +honor and prosperity, and to justify the confidence my fellow citizens +have reposed in me, I, ANDREW JACKSON, _President of the United States_, +have thought proper to issue this my PROCLAMATION, stating my views of the +constitution and laws applicable to the measures adopted by the convention +of South Carolina, and to the reasons they have put forth to sustain them, +declaring the course which duty will require me to pursue, and, appealing +to the understanding and patriotism of the people, warn them of the +consequences that must inevitably result from an observance of the +dictates of the convention. + +Strict duty would require of me nothing more than the exercise of those +powers with which I am now, or may hereafter be invested, for preserving +the peace of the Union, and for the execution of the laws. But the +imposing aspect which opposition has assumed in this case, by clothing +itself with State authority, and the deep interest which the people of the +United States must all feel in preventing a resort to stronger measures, +while there is a hope that anything will be yielded to reasoning and +remonstrance, perhaps demand, and will certainly justify, a full +exposition to South Carolina and the nation of the views I entertain of +this important question, as well as a distinct enunciation of the course +which my sense of duty will require me to pursue. + +The ordinance is founded, not on the indefeasible right of resisting acts +which are plainly unconstitutional, and too oppressive to be endured; but +on the strange position that any one State may not only declare an act of +congress void, but prohibit its execution--that they may do this +consistently with the constitution--that the true construction of that +instrument permits a State to retain its place in the Union, and yet be +bound by no other of its laws than those it may choose to consider as +constitutional. It is true, they add, that to justify this abrogation of a +law, it must be palpably contrary to the constitution; but it is evident, +that, to give the right of resisting laws of that description, coupled +with the uncontrolled right to decide what laws deserve that character, is +to give the power of resisting all laws. For, as by the theory, there is +no appeal, the reasons alleged by the State, good or bad must prevail. If +it should be said that public opinion is a sufficient check against the +abuse of this power, it may be asked why it is not deemed a sufficient +guard against the passage of an unconstitutional act by congress? There +is, however, a restraint in this last case, which makes the assumed power +of a State more indefensible, and which does not exist in the other. There +are two appeals from an unconstitutional act passed by congress--one to +the judiciary, the other to the people and the States. There is no appeal +from the State decision in theory, and the practical illustration shows +that the courts are closed against an application to review it, both +judges and jurors being sworn to decide in its favor. But reasoning on +this subject is superfluous, when our social compact, in express terms, +declares that the laws of the United States, its constitution, and +treaties made under it, are the supreme law of the land; and, for greater +caution, adds "that the judges in every State shall be bound thereby, +anything in the constitution or laws of any State to the contrary +notwithstanding." And it may be asserted without fear of refutation, that +no federal government could exist without a similar provision. Look for a +moment to the consequence. If South Carolina considers the revenue laws +unconstitutional, and has a right to prevent their execution in the port +of Charleston, there would be a clear constitutional objection to their +collection in every other port, and no revenue could be collected +anywhere; for all imposts must be equal. It is no answer to repeat, that +an unconstitutional law is no law, so long as the question of its legality +is to be decided by the State itself; for every law operating injuriously +upon any local interest will be perhaps thought, and certainly +represented, as unconstitutional, and, as has been shown, there is no +appeal. + +If this doctrine had been established at an earlier day, the Union would +have been dissolved in its infancy. The excise law in Pennsylvania, the +embargo and non-intercourse law in the eastern States, the carriage tax in +Virginia, were all deemed unconstitutional, and were more equal in their +operation than any of the laws now complained of; but fortunately none of +those States discovered that they had the right now claimed by South +Carolina. The war into which we were forced to support the dignity of the +nation and the rights of our citizens, might have ended in defeat and +disgrace instead of victory and honor, if the States who supposed it a +ruinous and unconstitutional measure, had thought they possessed the right +of nullifying the act by which it was declared, and denying supplies for +its prosecution. Hardly and unequally as those measures bore upon several +members of the Union, to the legislatures of none did this efficient and +peaceable remedy, as it is called, suggest itself. The discovery of this +important feature in our constitution was reserved to the present day. To +the statesmen of South Carolina belongs the invention, and upon the +citizens of that State will unfortunately fall the evils of reducing it to +practice. + +If the doctrine of a State veto upon the laws of the Union carries with it +internal evidence of its impracticable absurdity, our constitutional +history will also afford abundant proof that it would have been repudiated +with indignation, had it been proposed to form a feature in our +Government. + +In our colonial state, although dependent on another power, we very early +considered ourselves as connected by common interest with each other. +Leagues were formed for common defence, and, before the declaration of +independence, we were known in our aggregate character _as the United +Colonies of America_. That decisive and important step was taken jointly. +We declared ourselves a nation by a joint, not by several acts, and when +the terms of our confederation were reduced to form, it was in that of a +solemn league of several States, by which they agreed that they would +collectively form one nation for the purpose of conducting some certain +domestic concerns and all foreign relations. In the instrument forming +that Union is found an article which declares that "every State shall +abide by the determinations of congress on all questions which, by that +confederation, should be submitted to them." + +Under the confederation, then, no State could legally annul a decision of +the congress, or refuse to submit to its execution; but no provision was +made to enforce these decisions. Congress made requisitions, but they were +not complied with. The government could not operate on individuals. They +had no judiciary, no means of collecting revenue. + +But the defects of the confederation need not be detailed. Under its +operation we could scarcely be called a nation. We had neither prosperity +at home nor consideration abroad. This state of things could not be +endured, and our present happy constitution was formed, but formed in +vain, if this fatal doctrine prevails. It was formed for important objects +that are announced in the preamble made in the name and by the authority +of the people of the United States, whose delegates framed, and whose +conventions approved it. The most important among these objects, that +which is placed first in the rank, on which all others rest, is, "_to form +a more perfect Union_." Now, is it possible that even if there were no +express provision giving supremacy to the constitution and laws of the +United States over those of the States--can it be conceived, that an +instrument made for the purpose of "_forming a more perfect Union_" than +that of the confederation, could be so constructed by the assembled wisdom +of our country as to substitute for that confederation a form of +government dependent for its existence on the local interest, the party +spirit of a State, or of a prevailing faction in a State? Every man of +plain, unsophisticated understanding, who hears the question, will give +such an answer as will preserve the Union. Metaphysical subtlety, in +pursuit of an impracticable theory, could alone have devised one that is +calculated to destroy it. + +I consider, then, the power to annul a law of the United States, assumed +by one State, _incompatible with the existence of the Union, contradicted +expressly by the letter of the constitution, unauthorized by its spirit, +inconsistent with every principle on which it was founded, and destructive +of the great object for which it was formed_. + +After this general view of the leading principle, we must examine the +particular application of it which is made in the ordinance. + +The preamble rests its justification on those grounds: It assumes, as a +fact, that the obnoxious laws, although they purport to be laws for +raising revenue, were in reality intended for the protection of +manufactures, which purpose it asserts to be unconstitutional; that the +operation of these laws is unequal; that the amount raised by them is +greater than is required by the wants of the government; and, finally, +that the proceeds are to be applied to objects unauthorized by the +constitution. These are the only causes alleged to justify an open +opposition to the laws of the country, and a threat of seceding from the +Union, if any attempt should be made to enforce them. The first virtually +acknowledges that the law in question was passed under a power expressly +given by the constitution to lay and collect imposts; but its +constitutionality is drawn in question from the _motives_ of those who +passed it. However apparent this purpose may be in the present case, +nothing can be more dangerous than to admit the position that an +unconstitutional purpose, entertained by the members who assent to a law +enacted under a constitutional power, shall make the law void: for how is +that purpose to be ascertained? Who is to make the scrutiny? How often may +bad purposes be falsely imputed--in how many cases are they concealed by +false professions--in how many is no declaration of motive made? Admit +this doctrine, and you give to the States an uncontrolled right to decide, +and every law may be annulled under this pretext. If, therefore, the +absurd and dangerous doctrine should be admitted, that a State may annul +an unconstitutional law, or one that it deems such, it will not apply to +the present case. + +The next objection is, that the laws in question operate unequally. This +objection may be made with truth to every law that has been or can be +passed. The wisdom of man never yet contrived a system of taxation that +would operate with perfect equality. If the unequal operation of a law +makes it unconstitutional, and if all laws of that description may be +abrogated by any State for that cause, then indeed is the Federal +Constitution unworthy of the slightest effort for its preservation. We +have hitherto relied on it as the perpetual bond of our Union. We have +received it as the work of the assembled wisdom of the nation. We have +trusted to it as to the sheet anchor of our safety in the stormy times of +conflict with a foreign or domestic foe. We have looked to it with sacred +awe as the palladium of our liberties, and with all the solemnities of +religion have pledged to each other our lives and fortunes here, and our +hopes of happiness hereafter, in its defence and support. Were we +mistaken, my countrymen, in attaching this importance to the Constitution +of our country? Was our devotion paid to the wretched, inefficient, +clumsy, contrivance which this new doctrine would make it? Did we pledge +ourselves to the support of an airy nothing--a bubble that must be blown +away by the first breath of disaffection? Was this self-destroying, +visionary theory, the work of the profound statesmen, the exalted +patriots, to whom the task of constitutional reform was entrusted? Did the +name of Washington sanction, did the States deliberately ratify such an +anomaly in the history of fundamental legislation? No. We were not +mistaken. The letter of this great instrument is free from this radical +fault; its language directly contradicts the imputation; its spirit--its +evident intent, contradicts it. No, we did not err! Our Constitution does +not contain the absurdity of giving power to make laws, and another power +to resist them. The sages whose memory will always be reverenced, have +given us a practical, and, as they hoped, a permanent constitutional +compact. The Father of his Country did not affix his revered name to so +palpable an absurdity. Nor did the States, when they severally ratified +it, do so under the impression that a veto on the laws of the United +States was reserved to them, or that they could exercise it by +implication. Search the debates in all their Conventions, examine the +speeches of the most zealous opposers of federal authority, look at the +amendments that were proposed--they are all silent--not a syllable +uttered, not a vote given, not a motion made, to correct the explicit +supremacy given to the laws of the Union over those of the States, or to +show that implication, as is now contended, could defeat it. No, we have +not erred! The Constitution is still the object of our reverence, the bond +of our Union, our defence in danger, the source of our prosperity in +peace; it shall descend as we have received it, uncorrupted by sophistical +construction, to our posterity, and the sacrifices of local interest, of +State prejudices, of personal animosities, that were made to bring it into +existence, will again be patriotically offered for its support. + +The two remaining objections made by the ordinance to these laws, are that +the sums intended to be raised by them are greater than are required, and +that the proceeds will be unconstitutionally employed. + +The Constitution has given, expressly, to Congress the right of raising +revenue, and of determining the sum the public exigencies will require. +The States have no control over the exercise of this right other than that +which results from the power of changing the representatives who abuse it, +and thus procure redress. Congress may, undoubtedly, abuse this +discretionary power; but the same may be said of others with which they +are vested. Yet the discretion must exist somewhere. The Constitution has +given it to the representatives of all the people, checked by the +representatives of the States, and by the Executive power. The South +Carolina construction gives it to the Legislature or the Convention of a +single State, where neither the people of the different States, nor the +States in their separate capacity, nor the Chief Magistrate elected by the +people, have any representation. Which is the most discreet disposition of +the power? I do not ask you, fellow citizens, which is the constitutional +disposition--that instrument speaks a language not to be misunderstood. +But if you were assembled in general Convention, which would you think the +safest depository of this discretionary power in the last resort? Would +you add a clause giving it to each of the States, or would you sanction +the wise provisions already made by your Constitution? If this should be +the result of your deliberations when providing for the future, are you, +can you be ready, to risk all that we hold dear, to establish, for a +temporary and a local purpose, that which you must acknowledge to be +destructive, and even absurd, as a general provision? Carry out the +consequences of this right vested in the different States, and you must +perceive that the crisis your conduct presents at this day would recur +whenever any law of the United States displeased any of the States, and +that we should soon cease to be a nation. + +The ordinance, with the same knowledge of the future that characterizes a +former objection, tells you that the proceeds of the tax will be +unconstitutionally applied. If this could be ascertained with certainty, +the objection would, with more propriety, be reserved for the law so +applying the proceeds, but surely cannot be urged against the laws levying +the duty. + +These are the allegations contained in the ordinance. Examine them +seriously, my fellow-citizens; judge for yourselves. I appeal to you to +determine whether they are so clear, so convincing, as to leave no doubt +of their correctness; and even if you should come to this conclusion, how +far they justify the reckless, destructive course which you are directed +to pursue. Review these objections, and the conclusions drawn from them, +once more. What are they? Every law, then, for raising revenue, according +to the South Carolina ordinance, may be rightfully annulled, unless it be +so framed as no law ever will or can be framed. Congress have a right to +pass laws for raising a revenue, and each State has a right to oppose +their execution--two rights directly opposed to each other; and yet is +this absurdity supposed to be contained in an instrument drawn for the +express purpose of avoiding collisions between the States and the general +government, by an assembly of the most enlightened statesmen and purest +patriots ever embodied for a similar purpose. + +In vain have these sages declared that congress shall have power to lay +and collect taxes, duties, imposts, and excises; in vain have they +provided that they shall have power to pass laws, which shall be necessary +and proper to carry those powers into execution; that those laws and that +constitution shall be the "supreme law of the land, and that the judges in +every State shall be bound thereby, anything in the constitution or laws +of any State to the contrary notwithstanding." In vain have the people of +the several States solemnly sanctioned these provisions, made them their +paramount law, and individually sworn to support them whenever they were +called on to execute any office. Vain provisions! ineffectual +restrictions! vile profanation of oaths! miserable mockery of legislation! +if the bare majority of the voters in any one State may, on a real or +supposed knowledge of the intent with which a law has been passed, declare +themselves free from its operation--say here it gives too little, there +too much, and operates unequally--here it suffers articles to be free that +ought to be taxed--there it taxes those that ought to be free--in this +case the proceeds are intended to be applied to purposes which we do not +approve--in that the amount raised is more than is wanted. Congress, it is +true, are invested by the constitution with the right of deciding these +questions according to their sound discretion; congress is composed of the +representatives of all the States, and of all the people of all the +States; but we, part of the people of one State, to whom the constitution +has given no power on the subject, from whom it has expressly taken it +away--we, who have solemnly agreed that this constitution shall be our +law--we, most of whom have sworn to support it--we now abrogate this law, +and swear and force others to swear that it shall not be obeyed; and we do +this, not because congress have no right to pass such laws--this we do not +allege--but because they have passed them with improper views. They are +unconstitutional from the motives of those who passed them, which we can +never with certainty know; from their unequal operation, although it is +impossible, from the nature of things, that they should be equal; and from +the disposition which we presume may be made of their proceeds, although +that disposition has not been declared. This is the plain meaning of the +ordinance, in relation to laws which it abrogates for alleged +unconstitutionality. But it does not stop there. It repeals, in express +terms, an important part of the constitution itself, and of laws passed to +give it effect, which have never been alleged to be unconstitutional. The +constitution declares that the judicial powers of the United States extend +to cases arising under the laws of the United States; and that such laws, +the constitution, and treaties, shall be paramount to the State +constitutions and laws. The judiciary act prescribes the mode by which the +case may be brought before a court of the United States by appeal, when a +State tribunal shall decide against this provision of the constitution. +The ordinance declares that there shall be no appeal, makes the State law +paramount to the constitution and laws of the United States, forces judges +and jurors to swear that they will disregard their provisions, and even +makes it penal in a suitor to attempt relief by appeal. It further +declares, that it shall not be lawful for the authorities of the United +States, or of that State, to enforce the payment of duties imposed by the +revenue laws within its limits. + +Here is a law of the United States, not even pretended to be +unconstitutional, repealed by the authority of a small majority of the +voters of a single State. Here is a provision of the constitution, which +is solemnly abrogated by the same authority. + +On such expositions and reasonings, the ordinance grounds not only an +assertion of the right to annul the laws, of which it complains, but to +enforce it by a threat of seceding from the Union, if any attempt is made +to execute them. + +This right to secede is deduced from the nature of the constitution, which +they say is a compact between sovereign States, who have preserved their +whole sovereignty, and therefore are subject to no superior; that because +they made the compact, they can break it, when, in their opinion, it has +been departed from by the other States. Fallacious as this course of +reasoning is, it enlists State pride, and finds advocates in the honest +prejudices of those, who have not studied the nature of our government +sufficiently to see the radical error, on which it rests. + +The people of the United States formed the constitution, acting through +the State legislatures in making the compact, to meet and discuss its +provisions, and acting in separate conventions, when they ratified those +provisions; but the terms used in its construction, show it to be a +government, in which the people of all the States collectively are +represented. We are _one people_ in the choice of president and vice +president. Here the States have no other agency, than to direct the mode +in which the votes shall be given. The candidates having a majority of all +the votes are chosen. The electors of a majority of States may have given +their votes for one candidate, and yet another may be chosen. The people, +then, and not the States, are represented in the executive branch. + +In the house of representatives there is this difference, that the people +of one State do not, as in the case of president and vice president, all +vote for the same officers. The people of all the States do not vote for +all the members, each State electing only its own representatives. But +this creates no material distinction. When chosen, they are all +representatives of the United States, not representatives of the +particular State from whence they come. They are paid by the United +States, not by the State; nor are they accountable to it for any act done +in the performance of their legislative functions; and however they may in +practice, as it is their duty to do, consult and prefer the interests of +their particular constituents, when they come in conflict with any other +partial or local interest, yet it is their first and highest duty, as a +representative of the United States, to promote the general good. + +The constitution of the United States, then, forms a _government_, not a +league; and whether it be formed by compact between the States, or in any +other manner, its character is the same. It is a government, in which all +the people are represented, which operates directly on the people +individually, not upon the States; they retained all the power they did +not grant. But each State having expressly parted with so many powers, as +to constitute jointly with the other States a single nation, cannot from +that period possess any right to secede, because such secession does not +break a league, but destroys the unity of a nation; and any injury to that +unity is not only a breach, which would result from the contravention of a +compact, but it is an offence against the whole Union. To say that any +State may at pleasure secede from the Union, is to say that the United +States are not a nation; because it would be a solecism to contend, that +any part of a nation might dissolve its connection with the other parts, +to their injury or ruin, without committing any offence. Secession, like +any other revolutionary act, may be morally justified by the extremity of +oppression; but to call it a constitutional right, is confounding the +meaning of terms; and can only be done through gross error, or to deceive +those, who are willing to assert a right, but would pause before they made +a revolution, or incur the penalties consequent on a failure. + +Because the Union was formed by compact, it is said the parties to that +compact may, when they feel themselves aggrieved, depart from it; but it +is precisely because it is a compact, that they cannot. A compact is an +agreement, or binding obligation. It may, by its terms, have a sanction or +penalty for its breach, or it may not. If it contains no sanction, it may +be broken with no other consequence than moral guilt; if it have a +sanction, then the breach incurs the designated or implied penalty. A +league between independent nations generally has no sanction, other than a +moral one; or, if it should contain a penalty, as there is no common +superior, it cannot be enforced. A government, on the contrary, always +has a saction, express or implied; and in our case, it is both necessarily +implied, and expressly given. An attempt by force of arms to destroy a +government, is an offence, by whatever means the constitutional compact +may have been formed; and such government has the right, by the law of +self-defence, to pass acts for punishing the offender, unless that right +is modified, restrained, or resumed by the constitutional act. In our +system, although it is modified in the case of treason, yet authority is +expressly given to pass all laws necessary to carry its powers into +effect, and under this grant provision has been made for punishing acts, +which obstruct the due administration of the laws. + +It would seem superfluous to add anything to show the nature of that +Union, which connects us; but as erroneous opinions on this subject are +the foundation of doctrines the most destructive to our peace, I must give +some further development to my views on this subject. No one, +fellow-citizens, has a higher reverence for the reserved rights of the +States, than the magistrate, who now addresses you. No one would make +greater personal sacrifices, or official exertions to defend them from +violation; but equal care must be taken to prevent, on their part, an +improper interference with, or resumption of the rights they have vested +in the nation. The line has not been so distinctly drawn, as to avoid +doubts in some cases of the exercise of power. Men of the best intentions, +and soundest views, may differ in their construction of some parts of the +constitution; but there are others, on which dispassionate reflection can +leave no doubt. Of this nature appears to be the assumed right of +secession. It rests, as we have seen, on the alleged undivided sovereignty +of the States, and on their having formed, in this sovereign capacity, a +compact, which is called the constitution, from which, because they made +it, they have the right to secede. Both of these positions are erroneous, +and some of the arguments to prove them so have been anticipated. + +The States severally have not retained their entire sovereignty. It has +been shown, that, in becoming parts of a nation, not members of a league, +they surrendered many of their essential parts of sovereignty. The right +to make treaties, declare war, levy taxes, exercise exclusive judicial +and legislative powers, were all of them functions of sovereign power. The +States, then, for all these purposes, were no longer sovereign. The +allegiance of their citizens was transferred, in the first instance, to +the government of the United States; they became American citizens, and +owed obedience to the constitution of the United States, and to laws made +in conformity with the powers it vested in congress. This last position +has not been, and cannot be denied. How, then, can that State be said to +be sovereign and independent whose citizens owe obedience to laws not made +by it, and whose magistrates are sworn to disregard those laws when they +come in conflict with those passed by another? What shows conclusively +that the States cannot be said to have reserved an undivided sovereignty, +is, that they expressly ceded the right to punish treason, not treason +against their separate power, but treason against the United States. +Treason is an offence against _sovereignty_, and sovereignty must reside +with the power to punish it. But the reserved rights of the States are not +less sacred because they have, for their common interest, made the general +government the depository of these powers. + +The unity of our political character (as has been shown for another +purpose) commenced with its very existence. Under the royal government we +had no separate character: our opposition to its oppressions began as +_united colonies_. We were the _United States_ under the confederation, +and the name was perpetuated, and the Union rendered more perfect by the +federal constitution. In none of these stages did we consider ourselves in +any other light than as forming one nation. Treaties and alliances were +made in the name of all. Troops were raised for the joint defence. How, +then, with all these proofs, that under all changes of our position we +had, for designated purposes and with defined powers, created national +governments; how is it, that the most perfect of those several modes of +union should now be considered as a mere league, that may be dissolved at +pleasure? It is from an abuse of terms. "Compact" is used as synonymous +with "league," although the true term is not employed, because it would +at once show the fallacy of the reasoning. It would not do to say, that +our constitution was only a league; but it is labored to prove it a +compact, (which in one sense it is,) and then to argue, that, as a league +is a compact, every compact between nations must of course be a league, +and that from such an engagement every sovereign power has a right to +recede. But it has been shown, that in this sense the States are not +sovereign, and that even if they were, and the national constitution had +been formed by compact, there would be no right in any one State to +exonerate itself from its obligations. + +So obvious are the reasons, which forbid this secession, that it is +necessary only to allude to them. The Union was formed for the benefit of +all. It was produced by mutual sacrifices of interests and opinions. Can +those sacrifices be recalled? Can the States, who magnanimously +surrendered their title to the territories of the west, recall the grant? +Will the inhabitants of the inland States agree to pay the duties, that +may be imposed without their assent, by those on the Atlantic or the Gulf, +for their own benefit? Shall there be a free port in one State, and +onerous duties in another? No one believes, that any right exists, in a +single State, to involve the others in these and countless other evils, +contrary to the engagements solemnly made. Every one must see, that the +other States, in self-defence, must oppose it at all hazards. + +These are the alternatives, that are presented by the convention: A repeal +of all the acts for raising revenue, leaving the government without the +means of support; or an acquiescence in the dissolution of our Union by +the secession of one of its members. When the first was proposed, it was +known, that it could not be listened to for a moment. It was known, if +force was applied to oppose the execution of the laws, that it must be +repelled by force; that congress could not, without involving itself in +disgrace, and the country in ruin, accede to the proposition; and yet, if +this is not done on a given day, or if any attempt is made to execute the +laws, the State is, by the ordinance, declared to be out of the Union. The +majority of a convention assembled for the purpose have dictated these +terms, or rather this rejection of all terms, in the name of the people +of South Carolina. It is true, that the governor of the State speaks of +the submission of their grievances to a convention of all the States, +which, he says, they "sincerely and anxiously seek and desire." Yet this +obvious and constitutional mode of obtaining the sense of the other +States, on the construction of the federal compact, and amending it if +necessary, has never been attempted by those, who have urged the State on +to this destructive measure. The State might have proposed the call for a +general convention to the other States; and congress, if a sufficient +number of them concurred, must have called it. But the first magistrate of +South Carolina, when he expressed a hope, that, "on a review by congress +and the functionaries of the general government of the merits of the +controversy," such a convention will be accorded to them, must have known, +that neither congress, nor any functionary of the general government, has +authority to call such a convention, unless it be demanded by two-thirds +of the States. This suggestion, then, is another instance of the reckless +inattention to the provisions of the constitution, with which this crisis +has been madly hurried on; or of the attempt to persuade the people, that +a constitutional remedy had been sought and refused. If the legislature of +South Carolina "anxiously desire" a general convention to consider their +complaints, why have they not made application for it, in the way the +constitution points out? The assertion, that they "earnestly seek" it, is +completely negatived by the omission. + +This, then, is the position in which we stand. A small majority of the +citizens of one State in the Union have elected delegates to a State +Convention; that Convention has ordained that all the revenue laws of the +United States must be repealed, or that they are no longer a member of +this Union. The Governor of that State has recommended to the Legislature +the raising of an army to carry the secession into effect, and that he may +be empowered to give clearances to vessels in the name of the State. No +act of violent opposition to the laws has yet been committed, but such a +state of things is hourly apprehended; and it is the intent of this +instrument to proclaim, not only that the duty imposed on me by the +Constitution "to take care that the laws be faithfully executed," shall be +performed to the extent of the powers already vested in me by law, or of +such others as the wisdom of Congress shall devise and entrust to me for +that purpose, but to warn the citizens of South Carolina who have been +deluded into an opposition to the laws, of the danger they will incur by +obedience to the illegal and disorganizing ordinance of the Convention; to +exhort those who have refused to support it to persevere in their +determination to uphold the Constitution and laws of their country; and to +point out to all the perilous situation into which the good people of that +State have been led, and that the course they are urged to pursue is one +of ruin and disgrace to the very State whose rights they affect to +support. + +Fellow citizens of my native State, let me not only admonish you, as the +First Magistrate of our common country, not to incur the penalty of its +laws, but use the influence that a father would over his children whom he +saw rushing to certain ruin. In that paternal language, with that paternal +feeling, let me tell you, my countrymen, that you are deluded by men who +are either deceived themselves, or wish to deceive you. Mark under what +pretences you have been led on to the brink of insurrection and treason, +on which you stand! First, a diminution of the value of your staple +commodity, lowered by over production in other quarters, and the +consequent diminution in the value of your lands, were the sole effect of +the tariff laws. + +The effect of those laws was confessedly injurious, but the evil was +greatly exaggerated by the unfounded theory you were taught to believe, +that its burthens were in proportion to your exports, not to your +consumption of imported articles. Your pride was roused by the assertion +that a submission to those laws was a state of vassalage, and that +resistance to them was equal, in patriotic merit, to the opposition our +fathers offered to the oppressive laws of Great Britain. You were told +that this opposition might be peaceably--might be constitutionally made; +that you might enjoy all the advantages of the Union, and bear none of its +burthens. Eloquent appeals to your passions, to your State pride, to your +native courage, to your sense of real injury, were used to prepare you for +the period when the mask, which concealed the hideous features of +disunion, should be taken off. It fell, and you were made to look with +complacency on objects which, not long since, you would have regarded with +horror. Look back to the arts which have brought you to this state--look +forward to the consequences to which it must inevitably lead! Look back to +what was first told you as an inducement to enter into this dangerous +course. The great political truth was repeated to you, that you had the +revolutionary right of resisting all laws that were palpably +unconstitutional and intolerably oppressive; it was added that the right +to nullify a law rested on the same principle, but that it was a peaceable +remedy! This character which was given to it, made you receive, with too +much confidence, the assertions that were made of the unconstitutionality +of the law and its oppressive effects. Mark, my fellow citizens, that, by +the admission of your leaders, the unconstitutionality must be _palpable_, +or it will not justify either resistance or nullification! What is the +meaning of the word _palpable_, in the sense in which it is here used? +that which is apparent to every one; that which no man of ordinary +intellect will fail to perceive. Is the unconstitutionality of these laws +of that description? Let those among your leaders who once approved and +advocated the principle of protective duties, answer the question; and let +them choose whether they will be considered as incapable, then, of +perceiving that which must have been apparent to every man of common +understanding, or as imposing upon your confidence, and endeavoring to +mislead you now. In either case, they are unsafe guides in the perilous +path they urge you to tread. Ponder well on this circumstance, and you +will know how to appreciate the exaggerated language they address to you. +They are not champions of liberty emulating the fame of our revolutionary +fathers; nor are you an oppressed people, contending, as they repeat to +you, against worse than colonial vassalage. + +You are free members of a flourishing and happy Union. There is no settled +design to oppress you. You have indeed felt the unequal operation of laws +which may have been unwisely, not unconstitutionally passed; but that +inequality must necessily be removed. At the very moment when you were +madly urged on to the unfortunate course you have begun, a change in +public opinion had commenced. The nearly approaching payment of the public +debt, and the consequent necessity of a diminution of duties, had already +produced a considerable reduction, and that, too, on some articles of +general consumption in your State. The importance of this change was +underrated, and you were authoritatively told that no further alleviation +of your burthens were to be expected at the very time when the condition +of the country imperiously demanded such a modification of the duties as +should reduce them to a just and equitable scale. But, as if apprehensive +of the effect of this change in allaying your discontents, you were +precipitated into the fearful state in which you now find yourselves. + +I have urged you to look back to the means that were used to hurry you on +to the position you have now assumed, and forward to the consequences it +will produce. Something more is necessary. Contemplate the condition of +that country of which you still form an important part. Consider its +government uniting in one bond of common interest and general protection +so many different States--giving to all their inhabitants the proud title +of American citizens, protecting their commerce, securing their literature +and their arts; facilitating their intercommunication; defending their +frontiers; and making their name respected in the remotest parts of the +earth. Consider the extent of its territory; its increasing and happy +population; its advance in arts, which render life agreeable; and the +sciences, which elevate the mind! See education spreading the lights of +religion, morality, and general information into every cottage in this +wide extent of our Territories and States? Behold it as the asylum where +the wretched and the oppressed find a refuge and support! Look on this +picture of happiness and honor, and say--_we, too, are citizens of +America!_ Carolina is one of these proud States--her arms have +defended--her best blood has cemented this happy Union! And then add, if +you can, without horror and remorse, this happy Union we will dissolve; +this picture of peace and prosperity we will deface; this free +intercourse we will interrupt; these fertile fields we will deluge with +blood; the protection of that glorious flag we renounce; the very name of +Americans we discard. And for what, mistaken men--for what do you throw +away these inestimable blessings? for what would you exchange your share +in the advantages and honor of the Union? For the dream of separate +independence--a dream interrupted by bloody conflicts with your neighbors, +and a vile dependence on a foreign power. If your leaders could succeed in +establishing a separation, what would be your situation? Are you united at +home--are you free from the apprehension of civil discord, with all its +fearful consequences? Do our neighboring republics, every day suffering +some new revolution, or contending with some new insurrection--do they +excite your envy? But the dictates of a high duty obliges me solemnly to +announce that you cannot succeed. The laws of the United States must be +executed. I have no discretionary power on the subject--my duty is +emphatically pronounced in the Constitution. Those who told you that you +might peaceably prevent their execution, deceived you--they could not have +been deceived themselves. They know that a forcible opposition could alone +prevent the execution of the laws, and they know that such opposition must +be repelled. Their object is disunion; but be not deceived by names; +disunion, by armed force, is _treason_. Are you really ready to incur its +guilt? If you are, on the heads of the instigators of the act be the +dreadful consequences--on their heads be the dishonor, but on yours may +fall the punishment; on your unhappy State will inevitably fall all the +evils of the conflict you force upon the government of your country. It +cannot accede to the mad project of disunion, of which you would be the +first victims--its First Magistrate cannot, if he would, avoid the +performance of his duty; the consequences must be fearful for you, +distressing to your fellow citizens here, and to the friends of good +government throughout the world. Its enemies have beheld our prosperity +with a vexation they could not conceal--it was a standing refutation of +their slavish doctrines, and they will point to our discord with the +triumph of malignant joy. It is yet in your power to disappoint them. +There is yet time to show that the descendants of the Pinckneys, the +Sumters, the Rutledges, and of the thousand other names which adorn the +pages of your revolutionary history, will not abandon that Union, to +support which so many of them fought, and bled, and died. + +I adjure you, as you honor their memory--as you love the cause of freedom, +to which they dedicated their lives--as you prize the peace of your +country, the lives of its best citizens, and your own fair fame, to +retrace your steps. Snatch from the archives of your State the +disorganizing edict of its Convention--bid its members to re-assemble, and +promulgate the decided expressions of your will to remain in the path +which alone can conduct you to safety, prosperity, and honor. Tell them +that, compared to disunion, all other evils are light, because that brings +with it an accumulation of all. Declare that you will never take the field +unless the star spangled banner of your country shall float over you; that +you will not be stigmatized when dead, and dishonored and scorned while +you live, as the authors of the first attack on the Constitution of your +country. Its destroyers you cannot be. You may disturb its peace--you may +interrupt the course of its prosperity--you may cloud its reputation for +stability, but its tranquility will be restored, its prosperity will +return, and the stain upon its national character will be transferred, and +remain an eternal blot on the memory of those who caused the disorder. + +Fellow citizens of the United States! The threat of unhallowed +disunion--the names of those once respected, by whom it is uttered--the +array of military force to support it--denote the approach of a crisis in +our affairs, on which the continuance of our unexampled prosperity, our +political existence, and perhaps that of all free governments, may depend. +The conjuncture demanded a free, a full, and explicit enunciation, not +only of my intentions, but of my principles of action; and the claim was +asserted of a right by a State to annul the laws of the Union, and even to +secede from it at pleasure, a frank exposition of my opinions in relation +to the origin and form of our government, and the construction I give to +the instrument by which it was created, seemed to be proper. Having the +fullest confidence in the justness of the legal and constitutional opinion +of my duties, which has been expressed, I rely, with equal confidence, on +your undivided support in my determination to execute the laws--to +preserve the Union by all constitutional means--to arrest, if possible, by +moderate but firm measures, the necessity of a recourse to force; and, if +it be the will of Heaven, that the recurrence of its primeval curse on man +for the shedding of a brother's blood should fall upon our land, that it +be not called down by any offensive act on the part of the United States. + +Fellow-citizens! the momentous case is before you. On your undivided +support of your government depends the decision of the great question it +involves, whether your sacred Union will be preserved, and the blessings +it secures to us as one people, shall be perpetuated. No one can doubt +that the unanimity with which that decision will be expressed, will be +such as to inspire new confidence in republican institutions, and that the +prudence, the wisdom, and the courage which it will bring to their +defence, will transmit them unimpaired and invigorated to our children. + +May the great Ruler of Nations grant that the signal blessings with which +he has favored ours, may not, by the madness of party or personal +ambition, be disregarded and lost; and may His wise providence bring those +who have produced this crisis to see their folly, before they feel the +misery of civil strife, and inspire a returning veneration for that Union, +which, if we may dare to penetrate his designs, he has chosen as the only +means of attaining the high destinies to which we may reasonably aspire. + +In testimony whereof, I have caused the seal of the United States to be +hereunto affixed, having signed the same with my hand. + +Done at the city of Washington, this 10th day of December, in the year of +our Lord one thousand eight hundred and thirty-two, and of the +independence of the United States the fifty-seventh. + + ANDREW JACKSON. + + By the President: + EDW. LIVINGSTON, _Secretary of State_. + + +Comment upon the imperishable document just quoted is entirely +unnecessary. It speaks for itself in thundering tones that strikes terror +to the traitor's heart. Mark the clear and lucid reasoning,[3] the kind, +paternal advice, the bold and manly warning that pervades this production, +of the true, noble, honored patriot of the Hermitage. + +For the purpose of contrasting the administration of Andrew Jackson, +during the convulsion of 1832-'33, with that of James Buchanan, during our +present similar condition, we will give a brief summary of the course +pursued by the former: + +On the 24th day of November, previous to the issuing of President +Jackson's proclamation, South Carolina had, through her convention, +effectually declared herself out of the Union, by an ordinance that was to +take effect on the first day of February, 1833. The President, being +apprehensive of trouble in collecting the duties imposed by congress in +the various ports of South Carolina, and more especially at Charleston, +dispatched, through his secretary of the treasury, Louis McLean, +confidential orders of the most strict and positive character, to the +collectors at the several ports of entry. + +He writes to James K. Prinkle, Esq., collector at Charleston, ordering him +to use the utmost firmness and vigilence in seeing the laws promptly +executed in every particular. He ordered the revenue cutter Alert to +proceed to Charleston, and, in writing to Mr. Prinkle, he says, you will, +moreover, cause the officers of the cutter (showing that there were others +at hand), under your direction, to board all vessels departing from the +port of Charleston, and in case any shall be found without having been +regularly entered and cleared in the manner required by law, to seize and +detain the same, to be prosecuted according to law. The number of +assistants and employees were greatly increased, and every precaution +taken to prevent a surprise. But as time rolled around South Carolina, not +having penetrated the purposes of President Jackson sufficiently to +understand his position, felt confident in her final success, and was +defiant in her attitude. She began to collect her army that was to defeat +the government of the United States. She had appealed to her sister States +to aid her in sustaining her position. Dissatisfaction had already began +to show itself in various other sections of the country. The President +beheld the dangers and felt the responsibility resting upon him, and on +the 10th day of December he issued his Proclamation, declaring his +unalterable purpose to enforce the laws and collect the duties, and above +all to stand by the Constitution and the Union to the last, and warning +those who were precipitating their country into a civil war to beware of +the consequences and fearful responsibility they would incur by a +continuance in their reckless course. + +But South Carolina had gone too far to be silenced by any ordinary means. +She continued her preparations, still hoping that she could spread +disaffection into other portions of the country sufficient to frighten the +government into granting her demands, and many of the true friends of the +Union trembled for its safety, so wide-spread was the sympathy South +Carolina had enlisted. Many members of Congress were ready with their +measures of pacification, each anxious to become the instrument of +settling the difficulty, and perhaps immortalize his name. The horrors of +civil war were as freely discussed as at the present day. Numerous were +those who were ready and willing to sacrifice everything, even the dignity +of the nation, to avert the dreadful calamity. But where was the brave +Jackson? He was at the helm of the great ship of State, and although the +storm was raging, and the billows threatening to engulf her or dash her to +fragments on the inhospitable shore of anarchy, yet the brave old hero, +with the Constitution for his guide and the God of liberty for his +counselor, bid defiance to the mutineers who were threateningly assembled +around him. + +On the 16th day of December he sent a special message to Congress asking +for additional legislation for the purpose of meeting the exigency, he +reminding them of their sworn duty to protect the Constitution from every +encroachment, and appealed to their patriotism, and urged them, as true +Americans, to stand firmly by their country. Congress promptly responded +to the call, and the President thus prepared continued the collection of +customs uninterruptedly, and preserved the honor and dignity of the +nation. + +South Carolina, after much blustering and threatening, quieted down, and +it is to be hoped that many of the leaders of the rebellion lived to see +the folly of their acts and the wisdom of the President. + +But let us look for a moment at the course James Buchanan has pursued. It +is now over a year since men occupying high places in the government began +to publicly avow their determination to destroy this government and +involve all in one common ruin. Public speeches and the press of the +country have all proclaimed the determination of certain partain parties +to break up this Union. Conventions have been held and resolutions passed +declaring certain States out of the Union. Arsenals have been seized, +forts have been taken by bodies of armed men, public property confiscated, +and an unarmed steamer, bearing the flag of the nation, has been fired +into for attempting to comply with government orders--collectors of +customs are arrested and tried for treason for performing their duty. The +free navigation of the Mississippi is prevented; American citizens are +driven out of several of the States while peaceably attending to their +legitimate business, and some of the more unfortunate have suffered +tarring and feathering, whipping, scourging and even death at the hands of +those acting under authority, or at least within the knowledge of the +authorities of the several States; and yet, after all the enumerated +outrages, sufficient to disgrace even the half-civilized nation of +Morocco, not one word of unqualified rebuke has James Buchanan uttered +against those committing these outrages, not only against our government +but the very name of humanity. Surrounded by treason in his own +cabinet,[4] he has looked quietly on while his Secretary of War supplied +the insurgents with government arms. Open and defiant traitors have been +his daily counselors, while his imbecile, undecided course gives no one +confidence in his future policy. Treason is now openly and boldly +perpetrated throughout at least one-third of the entire country without +the least restraint from any source whatever. + +If there is to be found within the pages of history where the government +of a great, powerful and prosperous nation suffered treason to spread over +one-third of the entire country, coupled with the open and revolting acts +of violence that have characterized this rebellion, without the first +attempt to check its destructive progress, it is not within the range of +my knowledge. + +Although the grounds for argument to show that this government was +established by the people collectively of the whole country, (and not by +the several States, as claimed by some,) and that it can only be +rightfully altered or abolished by a constitutional majority of the same +power that established it, would seem to have been entirely gone over, +nevertheless we propose to introduce the additional evidence of that +noble, honored statesman, and able constitutional expounder, Daniel +Webster. + +On the 21st day of January, 1830, Mr. Hayne delivered in the Senate of the +United States a very able speech advocating the right of the various +States to nullify the laws of Congress in certain contingencies, or what +might be more properly called the South Carolina doctrine, embracing the +right to nullify the laws of Congress, or declare herself out of the Union +at pleasure. His speech was considered a complete succces by the +advocates of his sentiments, and was thought by them an unanswerable +vindication of those principles, and when Mr. Webster undertook the task +of replying to Mr. Hayne, he was met with jeers by the friends of +nullication; but as the volume of his reasoning began to unfold itself, +all eyes were attentively turned toward the speaker. After proceeding to +state the grounds upon which was founded the pretended right to nullify +the acts of Congress, Mr. Webster said: + + "This leads us to inquire into the origin of this government and the + source of its power. Whose agent is it? Is it the creature of the + State legislatures, or the creature of the people? If the government + of the United States be the agent of the State governments, then they + may control it, provided they can agree in the manner of controlling + it; if it is the agent of the people, then the people alone can + control it, restrain it, modify or reform it. It is observable enough, + that the doctrine for which the honorable gentleman contends leads him + to the necessity of maintaining, not only that this general government + is the creature of the States, but that it is the creature of each of + the States severally; so that each may assert the power, for itself, + of determining whether it acts within the limits of its authority. It + is the servant of four and twenty masters, of different wills and + purposes; and yet bound to obey all. This absurdity (for it seems no + less) arises from a misconception as to the origin of this government, + and its true character. It is, sir, the people's constitution, the + people's government; made for the people; made by the people; and + answerable to the people. The people of the United States have + declared that this constitution shall be the supreme law. We must + either admit the proposition, or dispute their authority. The States + are unquestionably sovereign, so far as their sovereignty is not + affected by this supreme law. The State legislatures, as political + bodies, however sovereign, are yet not sovereign over the people. So + far as the people have given power to the general government, so far + the grant is unquestionably good, and the government holds of the + people, and not of the State governments. We are all agents of the + same supreme power, the people. The general government and the State + governments derive their authority from the same source. Neither can, + in relation to the other, be called primary; though one is definite + and restricted, and the other general and residuary. + + "The national government possesses those powers which it can be shown + the people have conferred on it, and no more. All the rest belongs to + the State governments, or to the people themselves. So far as the + people have restrained State sovereignty by the expression of their + will, in the constitution of the United States, so far, it must be + admitted, State sovereignty is effectually controlled. I do not + contend that it is, or ought to be, controlled further. The sentiment + to which I have referred propounds that State sovereignty is only to + be controlled by its own 'feelings of justice;' that is to say, it is + not to be controlled at all; for one who is to follow his feelings, is + under no legal control. Now, however men may think this ought to be, + the fact is, that the people of the United States have chosen to + impose control on State sovereignties. The constitution has ordered + the matter differently from what this opinion announces. To make war, + for instance, is an exercise of sovereignty; but the constitution + declares that no State shall make war. To coin money is another + exercise of sovereign power; but no State is at liberty to coin money. + Again, the constitution says, that no sovereign State shall be so + sovereign as to make a treaty. These prohibitions, it must be + confessed, are a control on the State sovereignty of South Carolina, + as well as of the other States, which does not arise 'from feelings of + honorable justice.' Such an opinion, therefore, is in defiance of the + plainest provisions of the constitution." + +Mr. Webster proceeded to investigate the South Carolina doctrine as it was +then termed; he referred to the resolutions of Pennsylvania and Kentucky +declaring the tariff laws constitutional, while in South Carolina the same +laws were declared to be a palpable, deliberate usurpation of power by +Congress; and in speaking of the absurdity of allowing each State to +decide in such cases, he said: + + "If there be no power to settle such questions, independent of either + of the States, is not the whole Union a rope of sand? Are we not + thrown back again precisely upon the old confederation? + + "It is too plain to be argued. Four and twenty interpreters of + constitutional law, each with a power to decide for itself, and none + with authority to bind anybody else, and this constitutional law the + only bond of their union! What is such a state of things but a mere + connection during pleasure, or, to use the praseology of the times, + _during feeling_? And that feeling, too, not the feeling of the people + who established the constitution, but the feeling of the State + governments." + +In referring to remarks made by Mr. Hayne, concerning what Mr. Hillhouse +should have said about not being bound to obey an unconstitutional law, +Mr. Webster says: + + "He quotes that distinguished senator as saying, that in his judgment + the embargo law was unconstitutional, and that, therefore, in his + opinion, the people were not bound to obey it. + + "That, sir, is perfectly constitutional language. As unconstitutional + law is not binding; _but then it does not rest with a resolution or a + law of a State legislature to decide whether an act of congress be or + be not constitutional_. An unconstitutional act of congress would not + bind the people of this District although they have no legislature to + interfere in their behalf; and, on the other hand, a constitutional + law of congress does bind the citizens of every State, although all + their legislatures should undertake to annul it, by act or resolution. + The venerable Connecticut senator is a constitutional lawyer, of sound + principles and enlarged knowledge; a statesman practiced and + experienced, bred in the company of Washington, and holding just views + upon the nature of our governments. He believed the embargo + unconstitutional, and so did others; but what then? Who did he suppose + was to decide that question? The State legislature? Certainly not. No + such sentiment ever escaped his lips." + +Mr. Webster went on to ask from whence this supposed right of the States +came? Where did they get the power to interfere with the laws of the +Union? He contended that the notion was founded in a misapprehension of +the origin of this government and of the foundation on which it stands. I +hold, said he, this to be a popular government, erected by the people, +those who administer it responsible to the people, and itself capable of +being amended and modified just as the people may choose it should be. + + "It is as popular, just as truly emenating from the people, as the + State governments. It is created for one purpose; the State + governments for another. It has its own powers; they have theirs. + There is no more authority with them to arrest the operation of a law + of congress, than with congress to arrest the operation of their laws. + We are here to administer a constitution emenating immediately from + the people, and trusted by them to our administration. It is not the + creature of the State governments. It is of no moment to the argument + that certain acts of the State legislatures are necessary to fill our + seats in this body. That is not one of their original State powers, a + part of the sovereignty of the State. It is a duty which the people, + by the constitution itself, have imposed on the State legislatures, + and which they might have left to be performed elsewhere, if they had + seen fit. So they have left the choice of president with electors; but + all this does not affect the proposition that this whole + government--president, senate and house of representatives--is a + popular government. It leaves it still all its popular character. The + governor of a State (in some of the States) is chosen not directly by + the people for the purpose of performing, among other duties, that of + electing a governor. Is the government of the State on that account + not a popular government? This government, sir, is the independent + offspring of the popular will. It is not the creature of State + legislatures; nay, more, if the whole truth must be told, the people + brought it into existence, established it, and have hitherto supported + it, for the very purpose, amongst others, of imposing certain salutary + restraints on State sovereignties. The States cannot now make war; + they cannot contract alliances; they cannot make, each for itself, + separate regulations of commerce; they cannot lay imposts; they cannot + coin money. If this constitution, sir, be the creature of State + legislatures, it must be admitted that it has obtained a strange + control over the volition of its creators." + +Mr. Webster then proceeded to show that when the people erected this +government they gave it a Constitution, and in that Constitution they +enumerated the powers which they bestowed on it. That they had made it a +limited government, and defined its authority and restrained it to the +exercise of such powers as were granted, and all others were reserved to +the States or the people. But they did not stop there, being aware that no +Constitution could be so plainly written but what there would be a +difference of opinion on the construction of some points, consequently +they (the people) in order to avoid a recurrence of the difficulties +experienced under the old confederacy and render the laws of Congress +effective and binding upon all parties without applying to State +authority, thus rendering the government complete within itself, declared +the Constitution and the laws of the United States, made in pursuance +thereof, should be the supreme law of the land. In referring to the +tribunal in which to decide questions arising under the Constitution, Mr. +Webster said: + + "But, sir, the people have wisely provided, in the constitution + itself, a proper, suitable mode and tribunal for settling questions of + constitutional law. There are, in the constitution, grants of powers + to congress, and restrictions on those powers. There are also + prohibitions on the States. Some authority must therefore necessarily + exist, having the ultimate jurisdiction to fix and ascertain the + interpretation of these grants, restrictions, and prohibitions. The + constitution has itself pointed out, ordained, and established that + authority. How has it accomplished this great and essential end? By + declaring, sir, that '_the constitution and the laws of the United + States, made in pursuance thereof, shall be the supreme law of the + land, anything in the constitution or laws of any State to the + contrary notwithstanding_.' + + "This, sir, was the first great step. By this, the supremacy of the + constitution and laws of the United States is declared. The people so + will it. No State law is to be valid which comes in conflict with the + constitution or any law of the United States. But who shall decide + this question of interference? To whom lies the last appeal? This, + sir, the constitution itself decides also, by declaring '_that the + judicial power shall extend to all cases arising under the + constitution and laws of the United States_.' These two provisions, + sir, cover the whole ground. They are, in truth, the keystone of the + arch. With these it is a government; without them it is a confederacy. + In pursuance of these clear and express provisions, congress + established, at its very first session, in the judicial act, a mode + for carrying them into full effect, and for bringing all questions of + constitutional power to the final decision of the supreme court. It + then, sir, became a government. It then had the means of + self-protection; and but for this, it would, in all probability, have + been now among things which are passed. Having constituted the + government, and declared its powers, the people have further said, + that since somebody must decide on the extent of these powers, the + government shall itself decide--subject always like other popular + governments, to its responsibility to the people. And now, sir, I + repeat, how is it that a State legislature acquires any right to + interfere? Who, or what, gives them the right to say to the people, + 'We, who are your agents and servants for one purpose, will undertake + to decide, that your other agents and servants, appointed by you for + another purpose, have transcended the authority you gave them?' The + reply would be, I think, not impertinent, 'Who made you a judge over + another's servants. To their own masters they stand or fall.'" + +He then went on to show that a State could not make treason against the +United States legal, and, says he, when I maintain these sentiments, I am +but asserting the rights of the people; I state what they have declared +and insisted on as their right to declare it. They have chosen to repose +this power in the general government, and I think it my duty to support it +like other Constitutional powers. + +In referring to the importance of having but one tribunal, whose decisions +should be final--Sir, said he: + + "If we look to the general nature of the case, could any thing have + been more preposterous than to have made a government for the whole + Union, and yet left its powers subject, not to one interpretation, but + to thirteen or twenty-four interpretations? Instead of one tribunal, + established by all, responsible to all, with power to decide for all, + shall constitutional questions be left to four and twenty popular + bodies, each at liberty to decide for itself, and none bound to + respect the decisions of others; and each at liberty, too, to give a + new construction, on every new election of its own members? Would any + thing, with such a principle in it, or rather with such a destitution + of all principle, be fit to be called a government? No, sir. It should + not be denominated a constitution. It should be called, rather, a + collection of topics for everlasting controversy; heads of debate for + a disputatious people. It would not be a government. It would not be + adequate to any practical good, nor fit for any people to live under." + +Mr. Hayne, already overborne with the overwhelming and unanswerable +arguments, was yet destined to receive the most cutting rebuke from his +vanquisher. Mr. Webster said: + + "And now, Mr. President, let me run the honorable gentleman's doctrine + a little into its practical application. Let us look at his probable + _modus operandi_. If a thing can be done, an ingenious man can tell + _how_ it is to be done. Now, I wish to be informed _how_ this State + interference is to be put in practice. We will take the existing case + of the tariff law. South Carolina is said to have made up her opinion + upon it. If we do not repeal it, (as probably we shall not,) she will + then apply to the case the remedy of her doctrine. She will, we must + suppose, pass a law of her legislature, declaring the several acts of + congress, usually called the tariff laws, null and void, so far as + they respect South Carolina, or the citizens thereof. So far, all is a + paper transaction, and easy enough. But the collector at Charleston is + collecting the duties imposed by these tariff laws--he, therefore, + must be stopped. The collector will sieze the goods if the tariff + duties are not paid. The State authorities will undertake their + rescue: the marshal, with his posse, will come to the collector's aid; + and here the contest begins. The militia of the State will be called + out to sustain the nullifying act. They will march, sir, under a very + gallant leader; for I believe the honorable member himself commands + the militia of that part of the State. He will raise the _nullifying + act_ on his standard, and spread it out as his banner. It will have a + preamble, bearing that the tariff laws are palpable, deliberate, and + dangerous violations of the constitution. He will proceed, with his + banner flying, to the custom house in Charleston-- + + "all the while + Sonorous metal blowing martial sounds." + + Arrived at the custom house, he will tell the collector that he must + collect no more duties under any of the tariff laws. This he will be + somewhat puzzled to say, by the way, with a grave countenance, + considering what hand South Carolina herself had in that of 1816. But, + sir, the collector would, probably, not desist at his bidding. Here + would ensue a pause; for they say, that a certain stillness precedes + the tempest. Before this military array should fall on custom house, + collector, clerks, and all, it is very probable some of those + composing it would request of their gallant commander-in-chief to be + informed a little upon the point of law; for they have doubtless a + just respect for his opinions as a lawyer, as well as for his bravery + as a soldier. They know he has read Blackstone and the constitution, + as well as Turenne and Vauban. They would ask him, therefore, + something concerning their rights in this matter. They would inquire + whether it was not somewhat dangerous to resist a law of the United + States. What would be the nature of their offence, they would wish to + learn, if they, by military force and array, resisted the execution + in Carolina of a law of the United States, and it should turn out, + after all, that the law _was constitutional_. He would answer, of + course, treason. No lawyer could give any other reason. John Fries,[5] + he would tell them, had learned that some years ago. How, then, they + would ask, do you propose to defend us? We are not afraid of bullets, + but treason has a way of taking people off that we do not much relish. + How do you propose to defend us? 'Look at my floating banner,' he + would reply; 'see there the _nullifying law_!' Is it your opinion, + gallant commander, they would then say, that if we should be indicted + for treason, that some floating banner of yours would make a good plea + in bar? 'South Carolina is a sovereign State,' he would reply. That is + true; but would the judge admit our plea? 'These tariff laws,' he + would repeat, 'are unconstitutional, palpably, deliberately, + dangerously.' That all may be so; but if the tribunals should not + happen to be of that opinion, shall we swing for it? We are ready to + die for our country, but it is rather an awkward business, this dying + without touching the ground. After all, this is a sort of _hemp_-tax, + worse than any part of the tariff. + + "Mr. President, the honorable gentleman would be in a dilemma like + that of another great general. He would have a knot before him which + he could not untie. He must cut it with his sword. He must say to his + followers, defend yourselves with your bayonets; and this is + war--civil war." + +Mr. Webster continued to show that to resist by force the execution of a +law of the United States was treason, and that the Courts of the United +States could take no notice of a State law to authorize persons to commit +that grave crime. Said he, the common saying that a State cannot commit +treason herself, is nothing to the purpose. Can it authorize others to do +so? If John Fries[5] had produced an act of Pennsylvania annulling the +law of Congress, would it have helped his case? Talk about it as we will, +these doctrines go the whole length of revolution. They are incompatible +with any peaceable administration of the government. They lead directly to +disunion and civil commotion, and therefore it is, that at the +commencement, when they are first found to be maintained by respectable +men, and in a tangible form, that I enter my protest against them all. Mr +Webster proceeded to show that the people of the United States have not +chosen the State authorities as their guardians against encroachments from +the general government. Said he: + + "Sir, the people have not trusted their safety, in regard to the + general constitution, to these hands. They have required other + security, and taken other bonds. They have chosen to trust themselves, + first to the plain words of the instrument, and to such construction + as the government, itself, in doubtful cases, should put on its own + powers, under their oaths of office, and subject to their + responsibility to them; just as the people of a State trust their own + State governments with a similar power. Secondly, they have reposed + their trust in the efficacy of frequent elections, and in their own + power to remove their own servants and agents, whenever they see + cause. Thirdly, they have reposed trust in the judicial power, which, + in order that it might be trustworthy, they have made as respectable, + as disinterested, and as independent as practicable. Fourthly, they + have seen fit to rely, in case of necessity, or high expediency, on + their known and admitted power to alter or amend the constitution, + peaceably and quietly, whenever experience shall point out defects or + imperfections. And finally, the people of the United States have at + no time, in no way, directly or indirectly, authorized any State + legislature to construe or interpret _their_ instrument of government; + much less to interfere, by their own power, to arrest its course and + operation. + + "If, sir, the people in these respects had done otherwise than they + have done their constitution could neither have been preserved nor + would it have been worth preserving. And if its plain provisions shall + now be disregarded, and these new doctrines interpolated in it, it + will become as feeble and helpless a being as enemies, whether early + or more recent, could possibly desire. It will exist, in every State, + but as a poor dependent on State permission. It must borrow leave to + be, and will be no longer than State pleasure, or State discretion + sees fit to grant the indulgence and to prolong its poor existence. + + "But, sir, although there are fears, there are hopes also. The people + have preserved this their own chosen Constitution for forty years, and + seen their happiness, prosperity and renown grow with its growth, and + strengthen with its strength. They are now generally strongly attached + to it. Overthrown by direct assault, it cannot be; evaded, undermined, + _nullified_ it will not be, if we and those who succeed us here, as + agents and representatives of the people shall conscientiously and + vigilantly discharge the two great branches of our public trust + faithfully to preserve and wisely to administer it." + +We believe that after perusing the evidence already advanced, every +reasonable, unprejudiced person must come to the conclusion that the +fathers of our country established the government of the United States +with the full understanding and intent that it should be supreme, so far +as its delegated authority extended. That it was a unit and capable of +sustaining itself by force, if necessary. Mr. Madison's views are +repeatedly expressed on this point, explaining the advantages of +conferring sufficient powers upon the general government to enable it to +suppress internal violence and insurrection, thus providing against the +civil commotion that had overthrown other republics of a weaker and less +binding obligation on the part of the members composing them. See pages +24, 25 and 26 of this book. The papers here referred to are the more +important on account of being written while the question of adoption or +rejection of the Constitution was being discussed before the people. +Again, on pages 30 to 32, the defects and imperfections of the old +confederation in relation to the principles of legislation for the States +in their collective capacities, showing more fully that the intention was +to create a _government for the people of the United States_ that should +be binding on all persons, or combination of persons, for all time to +come. And again, on page 34, is another quotation from the joint +production of Madison, Jay and Hamilton, showing that the government was +expected to reach individuals without the aid, and independent of, State +authority. And still another quotation, on pages 35 and 36, goes to show +that there was a full understanding that the people were conferring +certain powers upon the general government, and of course taking them from +the States for the purpose of forming one great, inseparable and +indissoluble nation. There is not a particle of evidence to prove that the +people contemplated reserving or recognizing any State distinction or +State sovereignty, so far as the powers of the general government were +concerned; but the whole drift of evidence goes to show that they were +conscious of the necessity of uniting themselves under one grand +government, making themselves one people, reserving only to the States or +themselves such powers as were thought necessary to regulate their local +affairs, leaving the States in nearly the same relation to the general +government that a city municipality is to the government of the State in +which it is located; but all must owe obedience to the government of the +United States. + +But this is not all the evidence we have on this subject. As we review the +history of the government, we find that Washington, Jackson, Webster, +Clay, and in fact nearly every statesman of any prominence in our +political history have either by their acts or words committed themselves +to this same policy. The proclamation of General Jackson, and the extracts +given of Mr. Webster's arguments, are the key-stone to the arch; they are +both conclusive in themselves, and comment by me would be but a weak +advocate of their masterly and unanswerable arguments, hence I close the +subject, conscious of having proven to the satisfaction of myself at +least, and, I trust, to some of my doubting Democratic friends and +weak-hearted Republican brethren, that we at least have a government, +established by our forefathers, constituting us one nation, one people, +with one common country and destiny. Whether we shall be found brave +enough to defend it and perpetuate it is a question which the God of +nations only knows, and time alone will reveal to man. + + + + +THE UNION. + + +Shall this Union he maintained, or shall it be dissolved? are questions +that are the all absorbing topics of conversation amongst all classes of +people, through the length and breadth of our entire country. There seems +to be a great lack of firmness and decision at this time, in relation to +the proper course to be pursued in view of the momentous question now +about to be presented, discussed and decided upon by the American people. + +While true men are thus dumfounded and amazed; I might say silenced with +almost a paralyzing astonishment at the daring and rapid movements of the +internal enemies to our country; the eyes of the civilized world are +turned towards us, and every true friend of liberty and human progression +is awaiting our decision upon this grave question, with an almost +breathless suspense. In view of this state of things, what course shall we +pursue in order to acquit ourselves honarably and preserve our nation from +the ruin that seems threatening to blot out the only guarantee that there +is such a government as "The United States?" There can be but one answer +to this from every true American patriot, and that is, that every attempt +to break up this government, let it come from few or many, will be met, be +the consequences what they may. The _integrity_ of this Union must and +shall be maintained, should be the watch-word of every man, woman and +child that values the blessing of liberty under which we have prospered as +individuals and as a nation. It is contended by some that it is better to +allow those States that choose to secede to go in peace than to enter into +a civil war, the end of which no man can foretell. This would look very +plausible were it not that there is a principle at stake which is at the +very foundation of every Democratic government, and without the +maintenance of this vital principle self-government is but a farce and a +deception. And what is this principle? Why it is nothing more nor less +than compelling the minority to submit to the constitutional acts of the +majority. Now, who will pretend that a Democratic government can be +sustained without this principle is both recognized and, if necessary, +enforced? + +I am not one of those who think that the question of slavery is the great +and only cause of our present troubles; far from it, you may banish every +vestige of slavery from our country, and other differences of opinion will +rise up, and cause other disputes equally as difficult to settle. Nor is +the extent of our country, or the variety of the climate to be charged +with our difficulties, for even in our city and State elections we find +there is a wide difference of opinion, which results in crimination and +recrimination. The same will be found in the various school districts and +in many of the churches. Where ever there is a government there must and +will be a difference of opinion. It is not to be expected that we will all +agree in relation to the various schemes that are presented from time to +time for our consideration. But shall we revolt and overthrow the +government because our pet scheme is defeated? If not, then should we +allow others to involve us in one common ruin because of their defeat? +There would be no end to this rebellious spirit if the obligation to +submit to a constitutional election was removed. What would be the result +of giving way to those who are now threatening our peace? Would not every +other community have the same right; and we having once granted the right +by allowing a portion of the nation to set up an independent government, +how could we in justice punish those who choose to go and do likewise? +State governments will have the same difficulty to contend against that +the United States have now, and instead of strength and prosperity we will +be weak and divided and without honor at home or abroad. + +I think that every sane man will agree with me when I say that it is much +better to meet on one grand battle field and settle this question at once +than to dodge the responsibility for the present, only to allow dissention +to spread broad cast over the land. When this great nation has been torn +into fragments by this ranting, ungovernable spirit, we, or our children, +will have to enforce this great principle, that some of our best meaning +friends are willing to abandon for the sake of peace. + + +THE EFFECT OF A WAR TO SUSTAIN OUR GOVERNMENT. + +The effect of a war to sustain our government would be to plant the seed +of true patriotism in the breast of every law-abiding and liberty-loving +citizen of America. We should be able to contrast the two extremes of our +unheard of prosperity and the miseries and horrors of civil war--which of +itself would do much towards insuring peace for centuries to come. Let +those who expect that we love peace so well, or dread war so much as to +allow them to bid defiance to all laws, learn that they are mistaken; that +we are not the degenerate sons of a noble ancestry, but knowing our rights +and loving our country, we are determined to defend them against every +encroachment, and we will hear no more threats about disunion or rebellion +in consequence of a political defeat. We shall then have established +beyond a controversy that the minority must and shall submit to the +constitutional acts of the majority. We will then have established in the +minds of the civilized world that our government is not one of straw, but +that it is not only capable of vindicating its honor in defiance of +foreign foes, but it is equally able to chastise those who rebel against +its authority at home. War would be to our political system, what the +thunderstorm is to the atmosphere. Its purifying influences would be +manifested by inspiring new life, vigor and purity into everything that +surrounds us. Political demagogues will be cast aside as unfit for public +confidence, and better and more patriotic men will spring up from among +the masses who will have before them the history of the troubles through +which their country has passed as lesson and a warning to shun a like +calamity. + +We have heretofore shown ourselves to be equal to our undertakings, and +now when the great crisis in our national affairs is at hand, and the eyes +of the friends of liberty throughout the civilized world are gazing upon +us with the deepest anxiety, shall we be found unworthy of the liberties +we enjoy? Should we be found unfaithful to the trust imposed on us by our +forefathers? We would be the just object of scorn and contempt, and the +historian who shall undertake the task of writing the true history of the +rise and fall of the American government, will have the painful duty of +drawing the contrast between the noble and patriotic heroes who +established it, and the cowardly, selfish and unprincipled traitors who +became its destroyers. + + +SHALL THE PEOPLE RULE? + +This question is frequently asked by those who are encouraging the +Southern rebellion. I answer, most emphatically, in the affirmative. But +let us see who the people are. It is plain that the people of a State are +not those of one or more of the counties, unless the people of those +counties are a majority of all the people in the State. Now the +Constitution of the United States comes from the people of all the States, +consequently it will be perceived that they alone and not the people of +one State have the right to alter or abolish it. As well might the people +of Indianapolis declare the Constitution of the State of Indiana null and +void, as for the people of one State to declare this Union dissolved. It +is true that men talk about "States' rights," "the equality of the +States," and in fact invent every manner of argument for the purpose of +shielding those who are committing treason against the government of the +United States, but where is the clause of the constitution that discloses +any such sentiments? There is none, but on the other hand we find the most +positive proof that the framers of that article intended that we should be +one great nation, and to secure us against the liability of sudden and +unnecessary changes they provided that in order to amend the constitution +the consent of three-fourths of all the States were necessary, hence it +will be perceived that a simple majority of the people of the United +States could not amend the constitution, much less declare it null and +void. + +In view of this wise provision so necessary to secure stability to our +government, how rediculous it is to talk about a single State declaring +this Union dissolved against the well-known wish of four-fifths of all the +people of our entire country. The thing is absurd in the extreme and +should not be entertained for a moment, for such a principle once +established would be the end of all constitutional governments. But +suppose we grant the independence of such States as choose to withdraw +from the Union. In order to do this we must amend the constitution so as +to empower Congress to act upon the matter, and until then, every member +of Congress is bound to stand by the constitution as it is, for there is +no power granted them to treat with a portion of this nation as an +independent sovereign power. The framers of the Constitution did not grant +Congress any more than a State the right to dismember or dissolve the +Union. And who would for a moment consent to the assumption of such +extraordinary and important authority by those who were sent to Washington +to support the very constitution which they are now called upon to +disregard and destroy. + + +WHAT SHOULD THE PEOPLE DO TO AVERT THE THREATENING STORM? + +In my opinion, the best way to stop this disunion and treasonable clamor, +is for all friends of the Union to come out and call meetings, and pass +resolutions such as are appropriate for the times, telling our enemies +that it was for this Union our fathers fought, bled and died, and we will +do (if necessary) as our fathers did. Let there be but one sentiment, and +the unbroken ranks of eighteen millions of freemen will do more to silence +treason than all the constitutional amendments that could be prepared by +twice the number of pacificators that are now offering their services to +induce the government to meet the traitors on what is termed "middle +ground." It is this continued wavering and uncertain position of the +people that give those who are plotting our destruction such full and +perfect confidence in their final success. Few men could be found who +would enter the enemies ranks, if the certainty of being dealt with +according to the laws of our country was before them. The boasted bravery +of those chivalrous gentlemen who are now firing the hearts of the +ignorant with bitter hatred against the noblest government on earth, would +hesitate, reflect, and recoil at the sight of the hangman and the gallows. +I question not their bravery, neither do I doubt their determination, but +with the certainty of defeat before them, would they strike the fatal +blow? Every sane man is apt to count the chances of success when he enters +upon any very important undertaking, and if there is nothing before him +but humiliation and defeat, where is the man who would be found fool hardy +enough to risk his life in such a hopeless enterprise? They are few and +far between. We are told that unless the nation gives way to these +traitors, that the war that will ensue will be the most bloody and +desperate ever known to civilized man. There is no doubt but they will +fight, but will they be found any more brave and determined in destroying +than we will be in maintaining our glorious country? I presume not. Then +we can easily discover the character of the war by deciding upon the +course we would pursue in such a contingency. This talk about such a war +being any worse than other wars, is a mere bugbear, sent out to frighten +the timid into submission, and the less notice there is taken of it, the +more unfrequent will it be referred to. It is a noticeable fact, that +those who are bringing about this great calamity are the very ones who are +picturing to our visions the horrible consequences that would result from +an effort to stop their career. Can impudence go further? Could Arnold +have done more to have accomplished his base and ignoble purpose? + +Then let the friends of our country rally under its banner, and then and +there resolve anew to stand by this Union as the only safety for our +peace, our prosperity, and our liberties. There should be no partizan +prejudice, for it is not the question who shall rule the country, but +whether we shall have a country to rule. We all have a common interest in +preserving this government, and none should wait for this or that +politician, for they are all waiting to see the determination of the +people before they will take a very decided stand. Nor can the +politicians alone save our country. Far from it. They are the parties who +aided in bringing about our present political troubles which are +threatening to involve us in a deadly contest to save our country from +dissolution. As well might you prescribe arsenic and expect it to cure a +patient who was threatened with death from the excessive use of that +poisonous drug, as to look to the politicians to restore peace and +prosperity to our distracted country. + +Since it is the people that must save our country, if saved at all, let +there be unanimity, firmness and decision upon the all important question +of preserving the Union; not if we can carry out our pet scheme; not if +South Carolina is willing. Neither should we make any other condition, but +resolve unalterably to stand by the constitution and the laws to the end, +and never for one moment think of abandoning our undertaking, until this +noble object shall have been accomplished. It is a duty that we owe to +ourselves, to our homes and firesides, to the friends of freedom +throughout the civilized world, to those who are plotting treason against +our government, and to the God of liberty, that we should speak out +plainly and to the point, and warn those who are expecting such an easy +victory, that they are sadly and seriously mistaken; that we are not, as +has been represented to them, divided, but we are as one man for our +country, unconditionally and unalterably, and though we may differ in +relation to the policy of conducting the great ship of state, yet we will +not abandon her, nor allow others to commit depredations against her. The +people of this great nation will never consent to a peaceable distruction +of this noble fabric. Never! never! no, never! Then should we not warn +those who are expecting an easy victory, against the awful consequences of +a persistence in their destructive policy? By our silence we encourage +them, by our inactivity we strengthen them, and by our indecision we give +them confidence. The policy to be pursued should be distinctly laid down +and presented to them. They have been deceived and encouraged with the +prospect of success by the course we have pursued, and should war become +necessary in order to enforce the laws, we are culpable, in a measure, for +not showing more firmness at an earlier period. There is no room to doubt +their determination to bid defiance to the constitution and the laws of +the land, and nothing short of a show of the ability and the determination +to stand by our country, will induce them to desist. It may now be too +late to avoid bloodshed, but the sooner the remedy the less severe will be +the calamity. + +We are told that to stir this matter up at the north will only excite and +spread the feeling of dissatisfaction more swiftly over the land, but the +time has come when, to my mind, we must prepare to decide between our +national existence or non-existence. And should we be afraid of offending +the enemies of our country? Those who would turn against the government, +provided their peculiar notions in relation to some particular question is +rejected, are against the whole spirit of a democratic government, and +will be found against us in the end, and we may as well count them there +first as last. A submission to their dictation would be to yield the reins +of government into the hands of those who are determined to either rule or +ruin, which must evidently result in the latter. + +Let us examine the bearing of this rule or ruin policy, and see where it +would end, provided we give way to those who choose to adopt it. I know of +no better example, to test its destructiveness, than the one presented to +us in the present unsettled condition of our country. The people have +elected a President and Vice President in strict conformity with the +provisions of the constitution, made and provided for that purpose. Of +this there is no dispute. There is no use in talking about the issue being +sectional, for every person who was legally entitled to vote for President +and Vice President of the United States, and who concurred with the +sentiments of the party, was invited to take part in the election. There +was no distinction between North and South in this matter, and the plea +set forth that there was no support from one-half of the country, does not +alter the case, especially since it is well known that the political +opponents of Mr. Lincoln would not allow the free discussion of the +various issues presented to the people for their consideration. Had this +course been pursued in the North, there would not have been a +Breckenridge party in many of the Northern States. It will be perceived, +that owing to this intolerant spirit exhibited in some portions of the +South, Mr. Lincoln's views were not, and could not be presented to the +people for their consideration, which is in itself entirely inconsistent +with the spirit of a free government, as well as a violation of the +constitution and laws of our country. But who was to blame for this spirit +of mobocracy? Was it Mr. Lincoln or his friends? Nothing but a bigoted +blindness could lead any reasonable and well informed man to an +affirmative conclusion. The simple fact that Mr. Yancey, the leader of the +most ultra opponents of the Republicans, was allowed to advocate his views +all over the North without molestation or even insult, proves to the +contrary. But we are told that the Republican principles are contrary to +Southern interests. What if they are? Is that a reason why the right of +free discussion should be blotted out of existence? The principles of Mr. +Yancey are thought by a large majority of the people of the free States, +to be _decidedly_ against the interest of the whole country. + +But did they propose to destroy this government if Mr. Breckenridge was +elected? Did they insult him, or drive him from the country as a felon? +No, he was kindly treated and listened to. The people, however, did not +conclude to vote his principles, and for this they are treated as +criminals of the deepest dye. _Comment is unnecessary._ But supposing Mr. +Breckenridge had been elected, and Massachusetts had placed herself in the +unenviable position that South Carolina has assumed, where is the +statesman who would have advocated the justice of her position, or her +right to secede, and thereby break up this government, unless Mr. +Breckenridge would renounce his doctrine, and propose a change in the +constitution recognizing the Republican principles, and who would be found +willing to compromise the honor and dignity of the government by conceding +to such demands? If any there be who would lend their aid to such a +scheme, they are mere political demagogues without honor, and are not +entitled to the confidence of the people. In this, I presume, nearly every +person will agree with me. Still, when we turn to the South, there seems +to be some diversity of opinion in relation to what course should be +pursued. Now, why this difference? Can it be charged to anything but +political prejudices? True patriotism never begets such inconsistencies. + +Now it is plain that if any party make it a condition that they must be +allowed to control this government, in order to allow us to live in peace, +then that party, above all things, should not be allowed such control. The +mere demand shows the incompetency of such party to occupy such an +important position in our national affairs. Suppose we should grant the +present request. Are we prepared to grant the next that may be made at any +future time? If so, tell me, if you please, when and where you will be +willing to make a stand for the vindication of our constitutional rights? +Are we to give way to one demand after another until we have transferred +all the rights which we now possess to this rule or ruin party? + +It is contended by some that, by allowing those States which desire to +secede from this Union, to go without opposition, it will insure us peace, +and at the same time remove the slave question from congress, and, +thereby, our political troubles are at an end. Happy man is he who can +imagine such a political millennium so near at hand, and so easily to be +obtained. I would ask whether other questions may not come up that will +divide the people, and cause the same bitter feeling that now distracts +the whole country when another section will demand a separation from the +remaining States; and whether they will not have the same right that we +are now called upon to grant to the Cotton States? It is plain to me that +if this policy, of allowing any State to secede that can raise a pretext +for doing so, is to be adopted, we will soon have no government at all; +but in the place of this law-abiding and liberty loving community, where +peace, plenty and prosperity has smiled upon us so many happy years, +anarchy will reign, with all its blasting and withering influences, laying +waste our brightest hopes, and casting a gloom and dispair over everything +that has heretofore been the pride of every true American citizen. We are +now called upon to consent to divide this nation under the penalty of +civil war; the horrors of which we all deeply deplore, and are willing to +prevent by all reasonable measures. But, can we grant what is asked +without establishing a precedent that will lead to further demands, and a +consequent sub-division, and, in fact, division after division until this +glorious and prosperous country shall be (instead of one great, powerful +and honored nation,) thirty-three petty contending States, each striving +to get the advantage of the other? It is contended by some that, by making +concessions, both war and dissolution can be prevented. But, let us look +at their character, and the circumstances under which they are demanded, +and see whether such results, under existing circumstances, are likely to +be realized. + +The people of the United States have just cast their votes in accordance +with the usages and customs heretofore adopted, as well as in perfect +conformity with their constitutional rights, and, as usual in such cases, +there has been more than one party. The result has been that one party +elected their choice, while the others were necessarily unsuccessful; and +instead of submitting, like true patriots, peaceably to the constitutional +acts of the people, a portion of the defeated party demand of those who +have, by their numbers, carried the election, the surrender of their +principles. This is the basis of the compromise that the freemen of this +nation are unblushingly asked to make. But, upon inquiry as to whether +said conditional rebels (for they are nothing else) are willing to aid in +suppressing the more ultra and unconditional rebels of such States that +have already declared themselves out of the Union, we find them bitterly +opposed to everything that tends to show the supremacy of the laws over +this traitorous secession dogma; and our candid opinion is, that every +individual who places himself upon this platform, is contemplating a deep +laid scheme for the purpose of obtaining all the public territory they +possibly can for the institution of slavery, and then withdraw from the +Union with their booty. Ask them if they are willing to submit in case the +people reject their demands, and the answer is, no, they will die first. +Thus the ultimatum is presented to us to either surrender our principles, +our country, or fight to sustain it. Fellow-countrymen we need not ask you +which you will do. + +Let us sift this unparalleled scheme of impudence and see whether it is +going to be productive of permanent good to any one except to those who +are desirous of involving us in anarchy and ruin. + +Supposing the Republicans should abandon their principles, which seem to +be the terms upon which peace is offered, and, in 1864, the Democrats +should succeed in electing the President upon the slave-extension +platform, and the Republicans, feeling that their interests were likely to +be trampled upon by the dominant party, should say to the Democracy that, +unless said Democrats would abandon the principles of their party, and +secure the Republicans against the exercise of their principles in the +future, by an amendment to the constitution itself, they (the Republicans) +would dissolve this Union? It will be observed that, if one party has the +right to demand concessions, the other party has the same right, +consequently it would not be the majority that would rule, but the +minority. Neither have we any guarantee that, by granting the present +demands, that other and still more absurd and threatening demands will not +be made. We are now called upon to incorporate into the constitution +certain additional rights and privileges for slavery; and what is the +threatened penalty that is offered to the freemen of this nation if they +fail to grant what is demanded? Why it is nothing less than a complete +overthrow and destruction of this government--and yet the Republicans are +taunted with the charge of being the cause of all the consequences of the +great calamity that seems awaiting our destruction. I call especial +attention to this subject, more particularly in consequence of the +probable effort that will be made to force what is called the "Crittenden +Amendment," upon the people. It should be remembered that Mr. Crittenden +proposes, not only to give all the territory south of 36 deg. 30' to the slave +interests, but all the territory hereafter acquired. + +The restoration of the Missouri Compromise sounds very smooth and pleasant +to the ear, but is it the Missouri Compromise that Mr. Crittenden proposes +to restore? Far from it. Let us look at the broad difference between the +two measures, and see whether there is not something that looks as though +there was deception, of the deepest dye, about to be practiced upon those +who are desirous of preserving the territories free from the blighting +curse of slavery. We have heard much about the Missouri Compromise, also +about Mr. Crittenden's amendment, and, for the benefit of those who are +not familiar with the two measures, we will give them both in full. The +following is all that relates to the institution of slavery in what is +called the Missouri Compromise: + + "SEC. 8. _And be it further enacted_, That, in all the territory ceded + by France to the United States, under the name of Louisiana, which + lies north of thirty-six degrees and thirty minutes north latitude, + not included within the limits of the State contemplated by this act, + (meaning Missouri,) slavery and involuntary servitude, otherwise than + in the punishment of crime, whereof the parties shall have been duly + convicted, shall be and is hereby forever prohibited; provided, + always, that any person escaping into the same, from whom service is + lawfully claimed in any State or Territory of the United States, such + fugitive may be lawfully re-claimed and conveyed to the person + claiming his or her services as aforesaid." + +It will be perceived that the above section does not establish slavery +anywhere, but, on the contrary, it prohibited it in all the territory +north of 36 deg. 30' north latitude, while south of that (we can only infer +for there is nothing explicit on the subject) the people were to have +slavery or not as they might decide amongst themselves. But, in order to +the more fully understanding the effect of the Missouri Compromise, it is +necessary to know the amount of territory belonging, at that time, to the +United States, lying south of said above mentioned line. The territory +that now constitutes the State of Arkansas, and a small tract of Indian +territory, which now belongs to four tribes of Indians, to-wit: the +Chickasaws, Seminoles, Cherokees, and Choctaws, all of which territory, +including that of Arkansas, is not much larger than the State of Missouri, +was all the territory that remained of the Louisiana purchase, belonging +to the United States, south of 36 deg. 30' north latitude, at the time of the +passage of said compromise. How different, in effect, from the above is +the Crittenden amendment. Let us see. The following is the said amendment +that is harped about as being a restoration of the Missouri Compromise. +Read and behold the difference: + + "WHEREAS, Serious and alarming dissensions have arisen between the + Northern and Southern States, concerning the rights and security of + the rights of slaveholding States, and especially their rights in the + common territory of the United States; and whereas, it is eminently + desirable and proper that these dissensions, which now threaten the + very existence of this Union, should be permanently quieted and + settled by constitutional provisions, which shall do equal justice to + all sections, and thereby restore to the people that peace and good + will which ought to prevail between all the citizens of the United + States: Therefore, + + "_Resolved by the Senate and House of Representatives of the United + States of America in Congress assembled_, (two-thirds of both houses + concurring,) That the following articles be, and are hereby proposed + and submitted as amendments to the Constitution of the United States, + which shall be valid to all intents and purposes, as part of said + Constitution, when ratified by conventions of three-fourths of the + several States: + + "ART. 1. In all the territory of the United States now held, or + hereafter acquired, situated north of latitude 36 deg. 30 min., + slavery or involuntary servitude, except as a punishment for crime, is + prohibited while such territory shall remain under territorial + government. In all the territory south of said line of latitude, + slavery of the African race is hereby recognized as existing, and + shall not be interfered with by Congress, but shall be protected as + property by all the departments of the territorial government during + its continuance. And when any territory, north or south of said line, + within such boundaries as Congress may prescribe, shall contain the + population requisite for a member of Congress according to the then + federal ratio of representation of the people of the United States, it + shall, if its form of government be republican, be admitted into the + Union, on an equal footing with the original States, with or without + slavery, as the constitution of such new State may provide. + + "ART. 2. Congress shall have no power to abolish slavery in places + under its exclusive jurisdiction, and situate within the limits of + States that permit the holding of slaves. + + "ART. 3. Congress shall have no power to abolish slavery within the + District of Columbia, so long as it exists in the adjoining States of + Virginia and Maryland, or either, nor without the consent of the + inhabitants, nor without just compensation first made to such owners + of slaves as do not consent to such abolishment. Nor shall Congress at + any time prohibit officers of the Federal Government, or members of + Congress, whose duties require them to be in said District, from + bringing with them their slaves, and holding them as such during the + time their duties may require them to remain there, and afterwards + taking them from the District. + + "ART. 4. Congress shall have no power to prohibit or hinder the + transportation of slaves from one State to another, or to a Territory, + in which slaves are permitted to be held, whether that transportation + be by land, navigable rivers, or by sea. + + "ART. 5. That in addition to the provisions of the third paragraph of + the second section of the fourth article of the Constitution of the + United States, Congress shall have power to provide by law, and it + shall be its duty so to provide, that the United States shall pay to + the owner who shall apply for it, the full value of his fugitive slave + in all cases when the Marshal or other officer, whose duty it was to + arrest said fugitive, was prevented from so doing by violence, or + when, after arrest, said fugitive was rescued by force, and the owner + thereby prevented and obstructed in the pursuit of his remedy for the + recovery of his fugitive slave under the said clause of the + Constitution and the laws made in pursuance thereof. And in all such + cases, when the United States shall pay for such fugitive, they shall + have the right, in their own name, to sue the county in which said + violence, intimidation, or rescue was committed, and to recover from + it, with interest and damages, the amount paid by them for said + fugitive slave. And the said county, after it has paid said amount to + the United States, may, for its indemnity, sue and recover from the + wrong doers or rescuers, by whom the owner was prevented from the + recovery of his fugitive slave, in like manner as the owner himself + might have sued and recovered. + + "ART. 6. No future amendment to the Constitution shall affect the five + preceding articles; nor the third paragraph of the second section of + the first article of the Constitution; and no amendment shall be made + to the Constitution which shall authorize or give to Congress any + power to abolish or interfere with slavery in any of the States by + whose law it is, or may be, allowed or permitted. + + "And whereas, also, beside those causes of dissension embraced in the + foregoing amendments proposed to the Constitution of the United + States, there are others which come within the jurisdiction of + Congress, and may be remedied by its legislative power; and whereas it + is the desire of Congress, as far as its power will extend, to remove + all just cause for the popular discontent and agitation which now + disturb the peace of the country, and threaten the stability of its + institutions: Therefore, + + "1. _Resolved by the Senate and House of Representatives of the United + States of America_, in Congress assembled, That the laws now in force, + for the recovery of fugitives, are in strict pursuance of the plain + and mandatory provisions of the constitution, and have been sanctioned + as valid and constitutional by the judgment of the Supreme Court of + the United States: that the slaveholding States are entitled to the + faithful observance and execution of those laws, and that they ought + not to be repealed, or so modified or changed as to impair their + efficiency; and that laws ought to be made for the punishment of those + who attempt, by rescue of the slave or other illegal means, to hinder + or defeat the due execution of said laws. + + "2. That all State laws which conflict with the fugitive slave acts of + congress, or any other constitutional acts of congress, or which in + their operation impede, hinder or delay the free course and due + execution of any of said acts, are null and void by the plain + provisions of the constitution of the United States; yet those State + laws, void as they are, have given color to practices, and led to + consequences, which have obstructed the due administration and + execution of acts of congress and especially the acts for the delivery + of fugitive slaves, and have thereby contributed much to the discord + and commotion now prevailing. Congress, therefore, in the present + perilous juncture, does not deem it improper respectfully and + earnestly to recommend the repeal of those laws to the several States + which have enacted them, or such legislative corrections and + explanations of them as may prevent their being used or perverted to + such mischievous purposes. + + "3. That the act of the 18th of September, 1850, commonly called the + fugitive slave law, ought to be so amended as to make the fee of the + commissioner, mentioned in the 8th section of the act, equal in + amount, in the cases decided by him, whether his decision be in favor + of or against the claimant. And to avoid misconstruction, the last + clause of the 5th section of said act, which authorises the person + holding the warrant for the arrest or detention of a fugitive slave, + to summon to his aid the _posse comitatus_, and which declares it to + be the duty of all good citizens to assist him in its execution, ought + to be amended so as to expressly limit the authority and duty to cases + in which there shall be resistance or danger of resistance or rescue. + + "4. That the laws for the suppression of the African slave trade, and + especially those prohibiting the importation of slaves in the United + States, ought to be made effectual, and ought to be thoroughly + executed, and all further enactments necessary to those ends ought to + be promptly made." + +The above is unblushingly urged upon the people by some portions of the +Democracy as being eminently conservative, and, above all, a middle +ground, upon which all patriots should be willing to stand or fall for the +Union; but as for me I am entirely unable to see that there is any middle +ground about it. What can we understand by this proposition? Is it not +granting all the South have ever asked? When, and wherein, have they asked +more? Could Mr. Yancey himself have made out a stronger document? And +yet, we are told that the South are making great concessions when they +submit to this measure, and cease to commit treason against the +government. In the name of enlightened reason, I ask, could there be a +greater insult offered to the free men of this nation, than to demand of +them the sanction of the above proposed amendment, and thus engraft it +into the Constitution of this government, claiming, as we do, to be the +freest government in the world. + +Upon an examination of Mr. Crittenden's proposition, it will be perceived +that he irrevocably consigns to slavery all the Territory that we now +have, or may hereafter acquire, south of thirty-six degrees and thirty +minutes, north latitude, and north of that line he leaves the matter for +the people to decide when they come to form a State government. By +comparing this measure with the Missouri Compromise, it will be perceived +that Mr. Crittenden proposes to leave the northern territory in the same +condition that the Missouri Compromise left the territory south of said +line. + +But let us view this beautiful document of Mr. Crittenden's a little +further, and see how modestly the people of the free States are asked to +pay for Sambo whenever he gets it into his head to emigrate northward, +provided some one or more of his sable brethren should chance to advise +those whose duty it may be to invite Sambo to return to the "Sunny South," +to make tracks with the heels towards the shanty, and allow Sambo to +remain where the winters are longer. Yes, we are asked by Mr. C. to pay +for Sambo whenever the marshal, whose duty it is to arrest him, is +_intimidated_. This sounds most beautiful. Let the people once agree to +this and we would soon have the privilege of paying for hundreds of +thousands, I might say millions, of the refractory portion of the slave +population, and in order to understand these fully, the consequences of +adopting Mr. Crittenden's amendment, it will be well for us to estimate +the probable number of the slave population in the future, as well as +their inclination to escape. + +It is a well known fact, that if the slave population should increase for +the next eighty years as fast as they have for the past eighty years, they +will amount to between forty and fifty millions of inhabitants. Now let +us imagine that number of slaves, with the natural increase of +intelligence, together with a corresponding decrease of the preponderance +of African blood in their veins, and it will not take a very strong +imaginative individual to perceive that the number of fugitives will +increase at a fearful rate, and to such an extent that it would impoverish +the whole nation to pay for them. By a careful examination of Mr. +Crittenden's amendment it will be perceived that it provides for +recovering the value of the slave, by the United States, of the county in +which said violence, INTIMIDATION, or rescue was committed. + +Now let us suppose that this should become a part and parcel of the +Constitution of the United States, and some one or more of the States +should pass laws nullifying said provision, and at the same time demand a +revision of the Constitution in such a manner as to annul said clause, as +a condition that they would remain in the Union, will our Union-saving +friends be willing to meet the case by granting the demand, or will they +stand up for the enforcement of the laws and the preservation of the +Union? If so, then why not assist in enforcing the laws against South +Carolina or any other State that proposes to nullify the Constitution and +the laws made in pursuance thereof. Partisan prejudice cannot prevent any +person from seeing that if one portion of the people have the right to +make a demand for concessions, then any and all other portions are +entitled to the exercise of the same right, and where such demands have +been complied with in one case, there is no rule whereby they could justly +be denied in another. Is there not great danger that by granting the South +what they are now demanding, especially since the demand is accompanied +with threats of such a grave character, we will establish a precedence +that will sap the very principle upon which our government is based? In +all Democratic governments it is the duty of every individual to submit to +the laws duly enacted by a constitutional majority; and whenever one +portion of the people rebel against said laws they become not only +traitors to their country but to the very principles upon which self +government is founded. In view of this, it is clear to me that to make any +concession, under the existing menacing threats, would be to offer a +bounty to all future conspirutors against the government, and thus +endanger the peace of our country for all time to come. Such being the +case, why talk about compromises and concessions. Let us enforce obedience +to the present government before we talk of compromises. To treat with men +who bid defiance to the supreme law of the land, who are now engaged in +open and active treason against the government, would be humiliating to +every true American citizen, and a disgrace to us as a nation, besides +showing to the world the most _positive_ evidence of our weakness; but on +the other hand let firmness and justice be the order of the day, and +although war may ensue let the consequences rest with those who are trying +to overthrow this great temple of freedom, and we shall outride the +threatend storm and transmit to posterity, unimpaired, this sacred legacy, +bequeathed to us by our forefathers and sealed by their blood. We will +then have shown ourselves worthy of the free institutions we have +inherited, and our children's children will be stimulated by our example +to extra exertions to perpetuate and strengthen the bonds that is to +preserve this nation in all its destined magnificent grandeur. + +In conclusion, let me exhort my fellow-countrymen to stand or fall by our +country. Let us not forget that our fathers, as well as we, loved peace +and abhorred the calamities of war; and although the most of them have +long since "gone to that bourne from which no traveler returns," yet when +they were called to their country's service, they were surrounded by all +the endearing ties which we now enjoy. Many a son received the mother's +last parting blessing, and bid her his last farewell this side of the +grave. Husbands bid their wives an affectionate adieu, to meet no more on +earth; and many a bitter tear has flown from the weeping eyes of the loved +ones in that lonely home, bereft of a father, husband, or brother who has +fallen in the deadly struggle for the liberties we have inherited. And +should we prove recreant to our trust, the immortal spirits of those +noble-hearted, self-sacrificing patriots who fell while struggling with a +powerful tyrant in front, and a deadly savage foe in the rear, to gain the +freedom of this our beloved country, would rise up from their graves and +rebuke us for our low, cringing cowardice. No, my fellow-countrymen, you +will not be found wanting for courage--you will not allow this temple of +freedom to be destroyed--you will stand by the Constitution and the Union, +and prove yourselves worthy of your noble ancestry. + + + + +FOOTNOTES: + +[1] Spirit of Laws, Vol. I, Book IX, Chapter I. + +[2] I mean for the Union. + +[3] Joseph Story, LL. D., although a most bitter political opponent of +Gen. Jackson, in his commentaries on the constitution of the United +States, thus refers to the proclamation: + +"While this sheet was passing through the press, President Jackson's +proclamation of the 10th of December, 1832, concerning the recent +ordinance of South Carolina on the subject of the tariff, appeared. That +document contains a most elaborate view of several questions, which have +been discussed in this and the preceding volume, especially respecting the +supremacy of the laws of the Union; the right of the judiciary to decide +upon the constitutionality of those laws; and the total repugnancy to the +constitution of the modern doctrine of nullification asserted in that +ordinance. As a State paper it is entitled to very high praise for the +clearness, force and eloquence, with which it has defended the rights and +powers of the national government. I gladly copy into these pages some of +its important passages, as among the ablest commentaries ever offered upon +the constitution." + +[4] We are happy to say that within a few days he has dismissed some, and +others, disgusted with their own acts, have withdrawn. + +[5] John Fries was a noted leader in what was called the Whisky Rebellion, +which became so formidable in 1794 that President Washington issued a +proclamation exhorting all persons to desist from any proceedings tending +to prevent the execution of the laws. This did not have the desired +effect, however, and it became necessary for the President to order out a +strong force, numbering some 15,000 men. This argument seemed conclusive +and convincing to the rebels of that day, consequently they returned to +their several avocations, and by this means quiet was restored. But at +that time, as well at the present, there were numerous sympathizers with +the traitors, which created a strong and powerful party against the +administration of General Washington; but he knew his whole duty, and +performed it unhesitatingly, regardless of the denunciations of those who +were ever ready to excuse the turbulent for committing treason. + + + + +AGENTS WANTED TO INTRODUCE THE AMERICAN FAMILY PHYSICIAN, BY JOHN KING, M. +D. PREPARED EXPRESSLY FOR FAMILY USE. + +This valuable work is a large, royal octavo volume of nearly 1,200 pages; +containing nearly twice as much matter on the subject of health and +disease, as can be found in any similar work ever before offered to the +American people. Instead of describing diseases and remedies in the +mysterious and incomprehensible terms of the profession, the author has +used language such as the people understand. No less than _three hundred +and seventy forms of disease_, including diseases of women, diseases of +children, chronic diseases, as well as those of a surgical nature are +accurately described and the most successful methods of treatment made +known. + +Nearly _five hundred simple medicines are described_, together with their +virtues and medicinal uses. And the recipes for some _two hundred and +fifty valuable and successful compounds and preparations_ are given. + +The following are some of the numerous notices and recommendations the +work has received by those who have given it an examination. + + +The following is from the justly celebrated Dr. Burnham, proprietor of the +Chronic Disease Infirmary of this city. + +INDIANAPOLIS, IND., JAN. 14TH, 1861 + +A. D. STREIGHT, ESQ.: _Dear Sir_--Having carefully examined a work of your +publication entitled, "New American Family Physician," by John King, M. +D., I find in point of style that it is concise, couched in plain +language, and free from technicalities. Voluminous in variety of topics +discussed, it comprises an amount of practical matter pertaining to the +preservation of health, the history and treatment of disease unequaled in +adaptation for popular use. A more general diffusion of knowledge upon the +topics therein discussed, will serve as one of the greatest protections +against the intrusions of ignorant pretenders who propose to tamper with +human health and life. And I trust will be cordially hailed by every +intelligent physician appreciating the fact that the stupid credulity of +ignorance is much more forminable to encounter than the wisdom of an +enlightened intelligence. In fine, the volume is worthy of the well earned +reputation of its author, and I cheerfully commend it as highly deserving +a promient place in the library of every family. + + Truly yours, + N. G. BURNHAM, M. D. + + +[_From Dr. G. M. Thompson, Agent for Kansas_] + +Tell Dr. King that I have had the pleasure of selling a copy of his +"Physician" to Ex-Governor C. Robinson, Ex-Governor F. P. Stanton, +Ex-Governor Wilson Shannon, and all the principal men in the Territory, as +far as I have been able to canvass. + + +JANESVILLE, WIS., OCT. 23D, 1860. + +_Dear Sir_--I have examined the medical work of John King, M. D., entitled +the "American Family Physician," &c. I am highly pleased with it. In fact +it supplies a long needed want, in the field of domestic medicine. It is +written in a plain, easy style and readily comprehended by the +non-professional reader, to which it will be a valuable aid in the +treatment of the diseases incident to their own families. In truth, any +one with a family will save double the cost of the book yearly, besides +much useless and pernicious drugging. The remedies recommended are +principally selected from the vegetable kingdom, many of which may be +found at home. From my examination of this work and my acquaintance with +the author, I can sincerely recommend it to both the professional and +unprofessional reader, as a highly useful book and one that should be +found in the library of every person. + + R. B. TREAT, M. D. + (Dr. Treat is mayor of the City of Janesville.) + + +[_From Prof. A. J. Howe. M. D._] + +I am acquainted with all the works on Domestic Medicine of any account, +and unhesitatingly pronounce "King's American Family Physician" _the +best_. + + A. JACKSON HOWE, M. D., + Cincinnati, O., 1860. Professor of Surgery. + + +[_From the Indianapolis Journal._] + +* * * As to its origin, it comes from one who certainly stands at the head +of the medical profession in the West, John King, M. D., and Professor of +Medicine, Cincinnati, is a man of more than twenty years' experience in +the healing art, and stands pre-eminent as an educator in the same. The +book deserves much credit for its simplicity of style. It is not written +for the purpose of scientific display, _but for the good of the people_. +It goes further toward redeeming those practical facts contained in +medical science from the dead masses of technical lumber, by which they +have heretofore been secluded from the comprehension of those who have the +best right to understand them, than any work extant which it has been our +privilege to review. Any man of common sense may * * * fully understand +it; and by still further application of his mother wit, may successfully +treat almost all forms of disease peculiar to this country, and thereby +_save much of his hard earnings_. * * * We commend it to the people +generally. + + +JANESVILLE, WIS., OCT. 20, 1860. + +I have examined with care the "New American Family Physician," by John +King, M. D., and I am free to say that it contains a great amount of +medical information which ought to be put into the hands of every family +in the land. Its household suggestions are invaluable. Its circulation +will do much in the physical education of the people. + + REV. H. C. TILTON. + Presiding Elder of Janesville District Conference. + + +This work is sold only through Agents duly appointed by the publisher, or +his General Agent. + +ADDRESS, A. D. STREIGHT, Publisher, Indianapolis, Ind. + +N. B. A General Agent wanted. One who is competent to take charge of a +portion of territory and employ canvassers. + + + + +THE CRISIS OF Eighteen Hundred and Sixty-One, IN THE GOVERNMENT OF THE +UNITED STATES, ITS CAUSE, AND HOW IT SHOULD BE MET. + +BY A. D. STREIGHT. + +The intention of the author in bringing this work before the people at +this time, is to promote unity of action in sustaining our country from +the dangers that seem threatening to not only destroy our government, but +the very principles upon which our liberties are based. And, for the +purpose of giving it a wide spread circulation, we have put the wholesale +price within a fraction of the cost of manufacturing. + +PRICES.--25 cents per single copy; $2.25 per dozen copies; $7.50 for fifty +copies, and $12.50 per hundred. + +Orders from the friends of the Union, and the trade generally, are +solicited, and will receive prompt attention. Address + + A. D. STREIGHT, + Indianapolis, Ind. + + + + + + +End of the Project Gutenberg EBook of The Crisis of Eighteen Hundred and +Sixty-One In The Government of The United States., by A. D. Steight + +*** END OF THIS PROJECT GUTENBERG EBOOK CRISIS OF 1861 *** + +***** This file should be named 38554.txt or 38554.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/8/5/5/38554/ + +Produced by David Edwards and the Online Distributed +Proofreading Team at https://www.pgdp.net. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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