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Bay City Press, The (Newspaper) - December 15, 1860, Green Bay, Wisconsin INDEPENDENT IN ALL THIN88, NEUTRAL IN NOTHING. VOL. I. GKEEIST BAY, WIS., DECEMBER 15, IS I'fllt.t.-mBI) KVKItY 8ATCUNAY, BY JOHN D. LA WE. Tf rms, por Your In Advance. (Twine Urns or fcss wiafcc square.') JSqnarc one wock, two throe every subsuciueut vrtiuk, ono ywir, 8 00 Business curds pei' iiiiniim, Yearly ndvofllsemorils, hiilf column, 2500 Legal mlvertlMvniontH ut tin- krato3 pernoribcu by luw. BUSINESS DIRECTORY. D. AGKY. CUCMTV JfnuK ami Attorney and Cuiinoullor at Law ofllco on AilaoiH St., Gruunliay, __ 13.KCKWITH. .ATTOKSKYS niul Counsellors at taw. Offloo, cor- ner of Doty mid Washington Streets. TIM. 0. HOWK. 1-tf BBS. M. BUCK WITH J. II. HOWE N01UIIS. and Attorneys at Law, and Solicitors in Chancery. Office on Washington Struct, in tho patent brick block, ut the old bridge. II. JlmvK. WM. II. NOKIIW, Jii. JOHN C. NEVILLE. ArroitNBY and Counsellor at Law, and Solicitor in Ctmncory. Ofllcu on Washington Struct, In IX'snoiiyers new JSrick Buildig. ELLIS GKEEN. ATTOBXKVS and Counsullurs. Oftlcu In Bosnoyi-rs' Brick Block, Washington Street, Groon Buy, Wisconsin. K. H. EI.I.W. CrKKB.v. B. J ATTORNEY at Law nnd Notary Public. Oconto, .Oconto Co., Wisconsin. J. J. McCLELLAN. AttoiiNKr mid Ocouto Co., Wisconsin. JEWE'LT IIUDD. ATTOIINKYM anil. CouiMullon) at Law, and Solici- tors in Chancery, Applcton, Outngamlo County, Wis. Messrs. J. A 11. will pay prompt atten- tion to the collecting of chums, examination of titles, and payment of taxes. JOK.V jKWE-rr. T. K. llvuu (J.E.URAN-E. i'HYHiciAX and Surgeon. Ollicu in Desmoyor'a new building, Adams St., Green Hay, Wis. JOHN B. A. CI.KKK of Circuit Court. Notary Fublic, and Gen- eral Conveyancer. Will attend to the collect- Ing of moneys and the payment of taxm In Brown, Door, Kewaunee and Oconto Counties. Ofllcc in Baird's new building, ou I'luc Street. B. 1'OLI.ETT. In Hooks and Stationery, School Hooks, Blank Books, 1'aper llanginjj.s, Window t'upur, Blanks. Cards, itc. Store opposite the Kniplru Block, Washington Street. D. II. MILLS CO. JViior.EHAij; and retail dealers in Dry Goods, Yun- Jteo Notions, Guns, Watchea, Jewelry, Middle store in Kitrlu's Block, Green Bay, Wis. II. Mn.iJi. Crtio. U. HOSICINSOX. JOHN A. EASTMAN. Cof.VNKi.T.utc at Law, 101 Washington Street, (nr.ir Court House) Chicago, III., will attend to any business entrusted to him from Green Buy .or the lumbering districts. OKLO 13. OKA YES. ATTORNEY and Counsellor at Law, and Solicitor in Chancery, Office in Desnoyer's Gothic Block. Washington struct, Orven Bay, Wis. ______ DEAI.KKH is STOVK.S heavy and Shelf Hardware. Store on Washington Street, opposite Northern Bunk, Green Buy, Wig. 0-Jy J. T. REEVE, M. D, GHBK.V Office on Wasnington Street, ovefFollett'sl5ook llrst corner youth of the Court Kouso, Adams Street, Green Bay Wis. 9-tf K. SCIIETTLEE. Wholesale and Retail dealer in heavy and Shelf Stoves, Nails, Mill Suws, New Song of the Hosken. JUY JOHN' C. Heap high the farmer's wintry hoard, Heap high the golden corn! No richer gift lias autumn poured From out her lavish horn! Let other hinds, exulting gleam The apple from the pine, The orange from the glossy green, Tho cluster from the vine. Wo better love the hardy gift Our rugged vales bestow, To cheer us when the storm shall drift Our harvest fields with snow. Through Vrtles of grass and meads of flowers Our plows their furrows made, While o'er the hills tho sun and showers Of changeful April played. We dropped the seed o'er hill and plain, Beneath the siin of Way, And frightened from our sprouting grain The robber crows All through the long bright clays of June Its leaves grew strong and fair, And waved in hot midsummer's noou Its soft and yellow hair. .And now, with Autumn's moon it eyes, Its harvest time has come; We pluck uway its frosted leaves. And beuv the treasure home. There, richer than the fabled gifts Apollo showered of old, Fair hands tho broken grain shall sift, And knoadits meal of gold. Lot vapid idlers loll in silk, Around their costly board; Give us the bowl of sump and milk, By homespun beauty poured. Where'er the wide old kitchen hearth Sends up its smoky curls, Who will not thank the kindly earth, And bless the farmer girls'i Then eliamo on all tho proud and vain, Whoso folly laughs to scorn The blessings of our hardy grain, Our wealth of golden corn. And lot the good old crop adorn The hills our fathers trod; Still lot us for his golden corn Send up our thanks to God. ijtoru, west side of Washington street, near Fisk's warehouse. SHERWOOD and retail dealers in Groceries', and Pro- visions, Boots and Shoes, Domestics Ac. in Em- pire Block opposite U. S. Hotel. SCHELLElt S1IULTX. T A 1 TL. O H S I> K A P 33 1? S Ilnvo on hand, as elect Stock of Broad Cloths. Cus" simeres, and Votings. Bendy made Clothing' Furnishing Goods itc. Store on Washing- ton Street, in Schettlor's new block, Green Bay, Wisconsin M.P. LTNDSLEY. ATTOBSKY and Counsellor at Law, and Solicitor in Chancery. OHloo in Buird's new building, JPJnc Street, Green Bay, Wisconsin. J, I'. LOY. ATTOSSFY and Solicitor. Empire Block, Washing- ton St., opposite the U.S. Hotul. Legal instru- ments of every description, executed, and col- lections made in every part of Wisconsin. .Office hours 8 to 12 A. M., and H to 5 p. M. ARTHTJK JACOBI. ytrroiiNBY and Counsellor at Law, Green Bay, Wisconsin. Office in Advocate Block. JOSEPH HARRIS RBOISTEII OK DEKIW, Deputy County Treasurer of Door County, arid Notary Public nnd Land Agent, Stnrjzwa Bay, Door Co. Wis. Prompt attention will be given to the Payment of Tax- Drawing up of Deeds, Bonds, Mortgages and Redemption of Lands sold for Taxes; .Pre- emptions promptly swcured. Goy. Lands in Door County in Mark.ot to Settlors at 50c. per Graduation Land Claims in Door Co. proved up at my office. 7tf WILLIAM ROWBOTHAM, TAitoii, is prepared to furnish ffaiv mtnts to order, in all the various nnd of the latest fushion. A select stock of Broad- Casslmores and Testings, Ready Made Clothing, Furnishing Goods, constantly on. hand and for mile ut the lowest cash prices. jSibro on Washington street, one Cobr north of V, S. Grcon Bay, Wis, M-tf PRESIDENT'S MESSAGE, Fdlow Citizens of'the. Senate .and House of lleprenentat.ives Tlirong'liotit the year since' otu' last meeting1, the comitry hus been eminently prosperous in its material interests Tiio general licultli luis been excellent, our harvests liuvc been abundant and plenty smiles tliroiig-liotit the land. Our coni- juorco and outod with energy and industry, and have yielded fair and ample returns. In short no nation in the tide of time, liascvui pre- sented a spectacle of greater material prosperity, than we have done until a ve- ry recent period. AVhy is it then that discontent now extensively prevails the Union of the States, which is the source of all these blessing's, .is threatened with destruction The long continued and in- temperate interference of the Northern people with the question of slavery in the Southern States, has at length produced its natural ell'ects. The different sections of tho Union are now arrayed against each other, and the time lias arrived so much dreaded by tiic 1'ather of His when hostile geographical parties have been formed. I have long foreseen, and often forwarned my. countrymen of the now impending- danger. This does not proceed solely from the-claim ;on the part of Congress or the Territorial Legislatures to exclude slavery from the< Territories, nor from the efforts of different States to defeat the execution of the Fugitive'Slave Law. All, or any of these evils might have been endured by the South, without dan- ger to the Union, as others have the hope that time and reflection mig-ht ap- ply the remedy. The immediate peril arrises, not so much from the causes, as from .the fact that the violent ag'itation, of the slavery question throughout tho no.rth for the last quarter of a century, has at length produced its malign influence on the slaves, arid inspired them-with vague notions of freedom; hence a sense of se- curity no long'er exists around the family altar. This feeling of peace at nome has given place to apprehensions of servile in- surrection. Many a matron throughout tho South, retires 'at night, in dread of what bofal herself and her children before the morning. Should this apprehension of domestic danger, whether real or imag- inary, extend and intensify itself, until it should pervade the masses .of tho South- ern people, then disunion'will be inevita- ble. 'Self-preservation'is" the1 first law of nature, and has been implanted in the heart of man by his creator for the wisest purposes, and no political union, however fraught with blessing's and benefits, in all other respects, can long- continue, if the necessary consequences render the homes and firesides of nearly, half the par- ties to it habitually.and hopelessly inse- cure. Sooner or. lator the bonds of such a .union must be, severed. It is my conviction .that this fatal peri- od has not yet arrived, and my prayer to God is, that he would preserve the Con- stitution and the Union throughout all generations. But let us take warning in time, and remove the cause, of It cannot be denied that for fi.ye and twen- ty years, the agitation at the North against Slavery in the South, has be'eri in- cessant. In 1S35, pictoi'ial'hanclbills, and inllamatory appeals were circulated ex- tensively throughout the'South, of achar- ;acter to excite the passions of, the slaves in the language of General Jack- son to stimuia'te them to insurrection, and produce all the horrors 'of a 'servile, war. This agitation: hasi ever'-since'been1 con- tinued by the public press, by the proceed- ings of State and. County .Conventions, and .by and The time of .Congress'.Has' been., occupied oii. subject, and er forms, endorsed b'y distinguished names have been sent forth from this central point, and.sent broadcast over the Union. How easy, would it be for the American people to 'settle tlie slavery question for-, ever, and to restore peace and harmony in this distracted cotintry. They alone can dit. All that is necessary to accomp- lish this object, and all which the slave States have ever contended for, is to be let alone, and permitted to manage their domestic institutions in their own way, as Sovereign States. They, and they alone, 'are responsible before God and the world for the slavery, existing among- them. For this the peo-1 pie of 'the North are riot more responsible, and have no more right to interfere, than with similar institutions 'in-Russia or. Bra- zil. Upon their good sense and patriotic forbearance, I confess I still greatly rely. Without their aid it is'beyond the power of any President, no matter what may be his own political proclivities, to restore peace and harmony among the" "Wisely limited and restrained as is his power under our Constitution .and laws, he alone can accomplish but little for good or evil, on such a momentous question; and this brings me to olbserve that the el- ection of any one of our fellow.citizens to the. office of President, does, not of itself afford just cause for dissolving the Union. This is more especially true if'his election has been effected by a mere plurality, and not a majority of the people, and has re- sulted from transient and temporary caus- es, which may probably never again oc- cur. In order to justify a resort to revo- lutionary resistance, the Federal Govern- ment must be guilty of a deliberate, palp- able, and dangerous exercise-of powers not granted by the Constitution. The late Presidential election, however, has been held in strict conformity with its express provisions. How then can' the re- sult justify a revolution to destroy this very Constitution Reason, justice and regard for the ..Constitution all require that we shall wait for some overt and dangerous act on the part of tho President ole.ct Joefore resorting to such remidy. It- is said Jiowcver, that the antecedents of the Presidentelect have been .sufficient to justify the fears of the South that he will attempt' to invade the Constitutional rights; but are such apprehensions of con- tingent danger in the future sufficient to justify tho immediate destruction of the noblest system of Government ever de- vised by mortals. From the very nature, of his office and its high he must necessarily "be The. stern duty of administering the vast and .complicated councils of this Govern- .affords in itself a guarantee that he will not attempt any violation of a clear Constitutional right. After all, he is no more than the Chief Executive -officer of tho Government.. His. province is not to make, but execute its laws, ami it is. a re- markable fact in our history that, notwith- standing the reported efforts of the anti- slavery party, no single act has overpass- ed Congress, unless we may possibly ex- cept the Missouri Compromise, impairing in tho slightest degree the rights of the South to their .property in slaves. And .it may also be observed, judging j from present indications, that no proba- bility exists of the passage of such an act by a majority of both Houses either in the present.or the next Congress. Surely un- der those circumstances we.ought to be restrained'from present action by the pre- cept of Him who spake as never man spoke, tliat "sufficient unto the dayn'stho evil thereof." ..The- day of evil may nev- er come unless we shall. .rashly bring it upon ourselves. It is alleged as ono cause, for immediate secession that the Southern States arc denied equal rights with the other States in the .common .But. by what authority, are. these denied? Not by. Congress, which has never passed and I believe never will pass, any act to exclude slavery'from those territories; arid; -not- by .the Supreme Court which solemnly decided that slaves are prop- erty, and. like all other property, their owners have a right to'take them into the common'territories, and-hold; them: there under- the protection of the-- Constitution. So far the.n.as Congress is -concerned-, the objection is riot to. have al- ready done, but to they, may do hereafter. It will surely be admitted that this-approhension of is: no good an-immediate dissolution Union.. It is true that the Territorial, .Legisla- ture of Kansas on the 23d of February, 1860, passed in great haste an act over of the that, slavery and shall be forever prohibited in the territory. -.iSnch act, hovyeyer, plain-1 ly violating.the rights of property .secur- ed by the 'Constitution, will 'surely be cle-. dared1 void- by :the: Judiciary "whenever it shall be presented in a leg'al form. Only, three days after my inauguration, the Su- preme 'Court of the .United .States solemn- ly adjudged that this power" 'did not exist in a Territorial' 'Yet' such has bcen-the-factious temper of the times that the .correctness-.of this- been extensively impugned, before the-pco- the...question .has given rise.to angry .political conflict c.oiintry. Those who have appealed from this judgment.of; our. highest.cpnstitutip.n- .al..tribunal to..popular would if they .could, invest tures annul "the- sacred .rights pr.ypeV.ty. Congress' is expressly ,forbidden, by the-..Federal Constitution Union, is forbidden-by Constitution, to It cannot be Sta.te, except j by.the .people in. State, poujsti.tution. ..fa. like manner only i Territory represented in a convention'of! delegates .-purpose..pf'; to a State into Then, and not until Uien, are they, invested with' power to decide the .question'whether sla- very shall 'or shall not exist, within their Thisis au act of.sovereign authority; and not of subordinate territorial legislation.-.- Were it other- wise, then indeed would the .equality of the States in the Territories tie'dcstroy'ed, nnd the rights of property' iiv ivonld depend1 not 'upon the guarantees of the 'Constitution, 'but upon1 the shifting majorities of an irresponsible..territorial legislature. doctrine.-from its intrinsic unsoundness, cannot long influence 'any portion of our people, irnicli less can it afford a good rea- son for a-, dissolution, of the ,Union. The most .palpable constitutional duty which have yet been consist in the acts of dilforunt Slate legislatures to defeat thu execu- tionof the FngitWo'.Slaye law.. It ought to lie1 .iBniembered, however, tliat for these acts nor any President can be justly held having "been passed in violation of 'the Federal Constitution, they are therefore 'null and void. AH the Courts, both State and National, before whom the ques- tion lias arisen, hare, from the beginning, de- clared the Fugitive Slave law to be constitutional. The single cxceptioi is that of a State Court in Wisconsin, find not only been reversed by the p-eopur appellate tribunal, but has met with such universal reprobation that there can be no danger from it tis a precedent. The validity law Ims'beoi established.over and over .again by the Supremo .Court of the United States with perfect unanmir.v. It is founded upon an express provision the Conststution. requiring that fugitive slaves who escape from 'service in one State to another shall bo delivered up to their masters. Witliout the a well- known historical fact thai the Constitution itself could not have been adopted by the Convention. In one form or another under tho acts of 1793 or 1850, botli being substantially the Fu- gitive Slave law has been law of the land from the days of Wishington until the present moment. Here, their, is a clear case presented, in which it will be the duty of the nextPresident, ns it lias been my to act with vigor in exe- cuting tliis supreme hw against the conflicting enactments of State Legislatures. Should be fail in tho performance of titis liigli duty, he will then- have manifested a disregard of the Constitution and the laws, to the great injury of the people of nearly one half of the Sates of the Union. But are we to presume in adrance tliat he w.ill thus violate his duty! this woiill be at war with every principle of Christian charity. Let us wait for tlicovertact. The Fugitive Slave Law lias been carried into execution .in every contested case since the com- mencement of the present administration, though often, it is to'be regretted with great loss and in- convenience and with considerable expense to the government. Let us trust that theSute Leg- islatures will ropoul their unconstitutional .and obnoxious enactments, unless this shall be done without unnecessary delay it is impossible for any human power to save, the Union. The south- era States. standing on the basis of the Constitu- tion, have a right to demand this act of injustice from the States of the North. Should it be re- fused them, the Constitution to which all the Slates are parties, will liave been wilfully vio- lated by one portion of them, in a provision es- sential to the domestic security and happiness of the remainder. In that event'the injured States, after having first iised all pi'ii'oufdl ixnd Constitu- tional means to obt-ain redress, would be justified in revolutionary resistance to tlie government of the. XTuion. I have puvpously confined my remarks to rev- olutionary resistance, because it has been calmed within the last few yeafs, that any State, when- ever it shall be her sovereign will and pleasure, may. secede the Union in accordance with the Constitution, and without any yiolatioii, of the constitutional riglits of'lliu other members of the. confederacy: -that as each became parties to the Union by the vote of its peoplo assembled-in con- vention, so any one of them may retire in a sim- ilar manner; by the vote of such a In order to justify secession as a constitutional remedy, it must be on the principle that the Gov- ernment is a mere voluntary association of States, to be dissolved-ut pleasure by one of tlie con- tracting parties. If this be so, the confederacy is A rope of sand, and to be penetrated and dis- solved by the llrst'adverse wave of public opin- ion in any..'Of the' States. In -this.manner our thirty-three. States may -resolve themselves into as many potty jarring and hostile republics, each one retiring from the Union without responsibili- ty, whenever any sudden excitement might impel them to such a coarse: by this, process a Union might .be-entirely broken .lato fragments, in a-few' which cost our years of. toil, privation and blood to 'establish. Such a principle is wholly inconsistent with the history; as it was -framed with tho general deliberation and was submitted to the Its opponents contended that it conferred pow- er .upon-the federal the rights.of tho States, whilst, its advocates .main- tained'that nuder'a fair construction of the in- strument, there was no foundation for such ap- prehensiohs. In that 'mighty struggle between the. flrst intellects of .this or tiny other epunt-ry, it never occurred .to any .individual, either, among its' opppnents'oir advocates, to assort -or. even intimate that their efforts were all-vain labor, be- cause the moment that, any State, felt herself ag- grieved, .she. might secede from the'Union. What a ..crushing argument wolild. this have proved against those who dreaded that.the'riglits 6rthc S.tntes would'be endangered by "the Constitution? The truth is, that it was-not until many years-af- ter-the origin of the Federal- Government, that" such, a proposition was first advanced... It was then met duel refuted by conliisive arguments of General' Jackson, who, in his message of the IBch of January, transmitting the nullify- ing .6rilinan.ee.of South Carolina to Congress, em- ploys the following language: .''The right of a. people of .a single State to at out the consent of the other States, from '-their must solemn the liberty! and happiness of millions compos-, ing' 'anil'.cannot' be ack'npwl- Such-authority .be: .Utterly repugnant, both .t.o.thq p.i'ihc.iplcs up oh; which the General Go ver.arrie'iit' "isi was, expressly formed' It is not pretended that any .-clause in. the Con- stitution gives countenance to such a the- ory; it is altogether .founded, upon infer-; euco, not from, any language contained in itself, but from.the. sover-. e'igh.character of the -by which it Svas but'.it'.iS beyond !the. power of a to. yield a portion .of its. sovereign rights to secure.-the "In tiie language palled the; Father of .'the." .G.ohstitu'tio.n.'.i't .formed, by the States, that is by the people of the ereign capacity, and. jfoimi'edConsequently by sarno.authority which formed the: nor- isvth'e govern- ment qf the United States, created .the. in thej .-strictest sens.e-.-pf, ffje the sphere of its pwnr-powerSj.ithaiivthe.gov- ernments created by the Constitution ofthe States are within their several sphere's; It is'-'like them organized tiye, Executive and Judiciary; depart- ments. It operates like them directly ion persons arid things, and. like them; it bas at corninarulj a physical force for executing the powers committed .to was intended to be.perpetual, and not to be 'annulled at the .pleasure of any. one of the contract- ing parties petual and by .the.lStli article, declared that the articles .of 4hia 'Gonfe'deration- shall be. inevitably observed by'ev.ery State, arid the tJnion shall be. perpetuated. The Premble to the Constitution of the United States, having express reference to the pf Confederation, which. states.it was established in. order to .form perfect Union, does riot inciiKkSSthe-essen- tial attribute of perpetuity; but that the Union was designed to be perpetual, ap- pears conclusively from ths nature and ex- tent of the powers conferred by the con- stitution on the federal These, powers embrace the very highest j attributes of national They place both the sword and the purse under its control; Congress has power j to make war. and make peace, to raise and j support armies and navies and to conclude treaties with foreig'n governments. It is invested with the power to coin money and to regulate the value thereof, and to regulate commerce with foreign nations and among the several States. It is ne- cessary to enumerate the other high pow- ers which have been conferred upon, the Federal Government. In order to carry the enumerated powers into effect Con- gress proposes the exclusive right to lay and collect duties on imports, and in com- mon with the States to lay and collect all other taxes. But the Constitution has not only con- ferred these high powers tippn Congress, but it has adapted effectual means to re- strain the States from interfering with their exercise for that purpose. It has ill a strong prohibitory language expressly declared, that no State shall enter into any treaty, alliance or confederation grant let- ters 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 laws impairing the obli- gations of contracts. Moreover without the consent of Congress no State shall lay any imposts or duties or any imports or exports except what may be absolutely necessary for .executing its inspection laws, and if they exceed this amount the e.xcesses'shal.Lbeli.ing to the United arid' iioState shall without the consent of j Congress lay aiiy'duty on tonnag-e, keep troops on ships of war in time of peace, enter into any agreement or compact with a foreign power, or engage in war unless j actually invaded or in such imminent dan-' ger as will not admit of further delay. In order still further to secure the unin- terrupted exersise of these high powers against State interposition, it is provided that the Court and the laws of the United States, which shall be made in pcrsiiance thereof, and all treaties made 'or which shall be made under the authority of the United States, shall be the supreme law of the-land, .and the judges in every state Shall be bound thereby, anything- in the Constitution or laws of any state to the contrary riot withstanding. The solemn sanction of religion has been superaclded to the obligation of official duty, and all Senators and .Representatives of the Uni- ted'States; all members of State Legisla- tures and all Executive and Judical offi- cers, bo'tlvof the United States and the several States, shall be bound by oath or affirmation to support the Constitution. In order to carry into effect these laws the Constitution has established a "perfect government in all its forms, Legislative, Executive and Judicial, and-the' Govern- ment to the extent of its powers, acts upon the individual citizens of'every State, and exicutos its own decrees by the ag-ency of its own In this respect it'diifers entirely from the Govern- ment under the old Confederation, which was confined-to make requisitions on-the their soverign character.1 This left ;it. in the discretion of each- wbeathcr to obey brio-refuse, and they often declined Av-ith such requisitions.' It thus became -necessary, for the purpose of re- moving1 the.Harrier, and in ordeii.to_forin "a-more perfect union, to establish a Gov- ernment which could' act directly upon the'people, and execute its owirlaws with- out the intermediate agency of the States. This has-been accomplished by the Consti-. tutiori of the-United States. In short, the Government created by the Constitution arid drawing its authority from, the .sovereign people of each of the several States; has precisely .the same its'powers over the peo- .ple.ofr all- States in. the .enumerated.cases, 'One :o_ver .not: delegates to: the United to the States'res.pe.c- 'to .the people. To the! extent of thejdelegated, powers, .the Constitution; ,of-th.e'U. States is-as..nuich part, of: the Constitution' is as bind- ing upon.the people as though ifehad been' -textually inserted therein. ment, .therefore, great: and :powerful invested with all. the: attrib- of, that special subjects to which its authority extends. -intended.; to -implant. ,iil its seed; of.. its diatruction; n.nv at its guilty of the-: absurdity, .of .-pjOYiding- -It was inteuded-by its farmers to be thel bas.eless at.the- touchibfs the. .enchanter, would: .variish -into, b.ut substantial and niighty.fab- ofLBEsistingEthe sloy decay .of: 'defying 'the ages.' Indeed, well may jealous patriots of that day have indulged fears, that go.v'ei'n- ihent of such high powers might violate' reserved rights of the States, and wisely did they adopt the rule of a strict construction of those powers, to prevent the danger; but they did not fear, npr'.had' they any reason to imagine, that the Con- stitution would ever, be so intepreted as to enable-any State, by her own act'and without the consent of her sister to discharge her people from all or any of their Federal obligations.: It may be asked then, are the people of without redress against the and oppressiou of the Federal Government? By no means. of resistance pri the part of the governed ag.' t the oppression of their! goyern- mc- .'cannot be denied; it. exists inde- of all has'bfeen" excercised at all periods of the world's history. Under it ail governments have been destroyed and under it new ones have been replaced. It is embodied in strong and impressive language, in our own'Dec- laration of Independene; but the distinc- tion must ever be observed, that this is revolution against an established govern- ment and not a voluntary secession from it by virtue of an inherent constitutional right.. In short, let us look the danger fairly in the face, Secession is nothing morei nor less than revolution. It may or it may not ba justifiable revolution, but still it is revolution. What, in the meantime ,is the responsibility and true position of ecutive, bound by solemn oath before God and the country to take care that the laws be faithfully executed. From this obliga- tion he cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been, rendered impractible by events over which he could have exerted no control? Such at the present moment is the case throughout the State of South Crroliha. So far as the laws of the United States, to secure the administration of means of the Federal Judiciary are con- cerned, all the Federal officers within its limits, through whose- agency aione those laws can be carried into' execution, have already rcsig'ned. have no longer a District Jndg, or District Attorney, in South Carolina. In fact, the whole ma- chinery of the Federal Government, neces- sary for the distribution of remedial jus- tice among the people has been demolish- ed, and it would be dificutlt, if not impos- sible to replace it. The only acts of Con- gress on the statute' book bearing upon this subject, are those of 'the 28th Februa- ry, 1705, and 3d March, These authorize the President, after he shall have ascertained that the Marshall with his posse comitatus is unable to ex- ecute civil or criminal process in any par- ticular case, to call forth the militia, and employ the army and navy to aid him in performing the service, Laving'first, by proclamation, commanded the insurgents to disperse and return peaceably to their respective abodes within a limite'd time. This duty cannot, by any possibility, 'be performed in a State where-rio Judicial au- thority exists to issue process, and-where there, is no Marshall to execute, and" where, even if there were such an officer, the eu- tire population would combine in one solid oolumn to resist him. The mere resistauce.of these provisions- proves how inadequate they arc, without further legislation, to overcome a united opposition in a single State, uot.to-speak of. other States who may place themselves in a similar attitude. Congress-alone has power to decide whether the present laws cannot bo amended so as to "carry out more effectually the objects of the Constitution. Tho same insuperable obstacles- do. not lie in the way of executing' the. collection of customs. The revenue still continues to be collected as heretoforevat the Custom House in should the Collector unfortunately r'esigji, a successor may be appointed to perform this duty. Then, in regard to the proper- ty of the United. States in South- Carolina, this has been a fair equiva- lent by the consent of the Legislature. of the State, for the erection of forts, irriaga- zinos, arsenals and over these the au- thority to exercises exclusive .legislation has b'eeu expressly gran ted by theCourt.to Congress. It is not believed that airy-at- tempt will be made to expel the United States from this property by force; but if in this I should prove to bo mistaken, the officer in command of the forts haa re- ceived orders to act strictly oti the -defen- sive. In such a contingency, the respon- sibility for consequences would rightfully rest upon the heads of the Apart frond the execution of 'the laws, so far as this may be -practicable, the Execu- tive has no! authority to decide what shall be the relations between the Federal; Gov- ernment and South .Carolina. He hag been invested with no cr; tipri. He.ppsse.sses' no power tp.cjlahge the relations ..them, much: less to acknowledge pendence of the State. This would be-to ipvest a' mere Exec utiye ppwe'r. of recognizing of the. confederacy., among our thirty-three sovereign States. It has no resemblance to the recognization of a defqcto 'government, involving no such.-ii'esppnsi- bility; any attempt to do his' part he a, naked-act of usurpation.. is, therefore, my dnty_.to whole, questiphj'in" .ings. course of events rapidly hastening for ward-: that -the' emergency arrive when you may; be 'called 6n to decide the wheth- er you. .possess the 'power, by forccd'of arms, to compel a State: to remain Union. I should feel my.self' recreaht'tq my dlity were I to express ;thejij.mp1OTt.ant fairly stated is: -Has the egated to Congress the power to force a
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