Pittston Gazette and Luzerne Anthracite Journal |
Previous | 1 of 4 | Next |
|
small (250x250 max)
medium (500x500 max)
Large
Extra Large
large ( > 500x500)
Full Resolution
All (PDF)
|
This page
All
|
Loading content ...
HUSTON fliUfc GAZETTE1 OB PBINTIKG AND IN GAZETTE, The "Gazette" Jobbing Offioe, AMS Luzerne Anthracite Journal. and the lob Printing Offlce of HIOHAET & BXY1 Being now consolidated, embraces a larger variety# Jobbing material than any other offlce la the count™ and lafnlly prepared to execute work of all klnda In tha beat and chuapeu manner* Particular attention given to thefollowlng iytd PUBLISHED WEEKLY BY R1CHART, BEVEA 4 THOMPSON, Gazette Building, lain Street, West Side. The GAZETTE and JOURNAL is published vftrj Thursday, at Two Dollars per annum, itnetly in cukance. UfTNo postage chargcd within the county. MANIFESTS, ORDERS, PAMPHLETS, HANDBILLS, CIRCULARS, BILL HEgflRl SHOW-BILLS, TICKETS, LABELS, CABOI, NOTES, fee,, AND LUZERNE ANTHRACITE JOURNAL. advertising RATES. RULING. Iw. I lm.JSm. I « ra | 1 J. Ruled work of all kinds, done In the neatest and Wat manner, and printed as requested. Everything in this line will receive prompt attention. * * * L* I 85 | 3 00 j 5 00 | 8 00 . . I 80 | 2 00 | i 00 | 7 00 | 10 00 ftfofefr to i\t Cnd Interests, politics, fkfars, literature, anir General intelligence. ■ . «c0)»(0|700|18 00 7 00 10 00 18 00 30 00 BLANKS. I 'ioUMB,' 6 00 ] 10 00 | » 00 | 35 00 | #0 00 The following Blanks are kept on hand, or printed M order, and sold on reasonable teraa: Bherrtff Salea, Warrants, Constable's Sales, Summons, Judgement Contracts, Promissory Notes, Subpoeans, Attachments, Executions, Marriage Certifleatee, Cheek Rolls, Tine Rolls, Deeds, Contracts, Leases, etc.,etc. Regular yearly advertisers, not to eicesd with card fan* a■{Hares at anv lima, $15. Buaineaa notices, with•B advertisement, $1 each. iy The above rates will be strictly adhered to. PITTSTON, PA., THURSDAY. DECEMBER 13,1860. WHOLE NO. 529. VOLUME X.—NO. 39. Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy. vice in one State to another shall be "delivered up" to their masters. Without this provision it is a well known historical fact that the Constitution itself could never have been adopted by the Convention. In ono form or other wider the acts of 1798 and 1860, both being substantially the same, the fugitive slave law has been the law of the land from the days of Washington until the present moment. Here, then, a clear ease is presented, in which it will be the duty of the next President, as it has been my own, to act with vigor in executing this supreme law against the conflicting enactments of State legislatures. Should he fail in the performance of this high duty, he will then have mauifeeted a disregard of the Constitution and laws, to the great injury of the people of nearly one-half of the States of tho Union. secure the remainder ? In the languago of Mr. Madison, who has been called the father of the Constitution: " It was formed by the States—that is, by the people in each of the States, acting in their highest sovereign capacity; and formed consequently by the same authority which formed the State constitutions," To the extent of the delegated powers invested with no such discretion. Heposthe Constitution of the United States is as sesses no power to change the relations much a part of the constitution of eaoh heretofore existing between them, much State, and is aa binding upon its to acknowledge the independence of as though it had been textually inserted that State. This would be to invest a mere therein. / Executive officer with the power of recog- This Government, therefore, is a great' nixing the dissolution of the Confederacy and powerful Government, invested with among our thirty-three sovereign States.— all the attributes of sovereignty over the It bears no resemblance to the recognition special subjects to which its authority ex- of a foreign de faeto government, involving tends. Ita framers never intended to im- no such responsibility. . plant in ita bosom the seeds of its own de- Any attempt to do this would, on his struction, nor wcfc they at its creation part, be a naked act of usurpation. It is, guilty of the absurdity of providing for therefore, my duty to submit to Congress its own dissolution. It was not intended the whole question in all its bearings. The by its framers to be the baseless fabric of course of events is so rapidly hastening a vision whioh, at the touoh of the en- forward, that the emergency- may soon chanter, would vanish into thin air, but a arise, when you may be called upon to desubstantial and mighty fabric, capable of cide the momentous question, whether you resisting the slow decay of time and of possess the power, by force of arms, to defying tho storms of ages. compel a State to remain in the Union. I Indeed, woll may the jealous patriots of should feel myself recreant to my duty that day have indulged fears that a govern- were I not to express an opinion on this ment of such high powers might violate important subject. the reserved rights of the States, and wise- The question fairly stated is :—Has the ly did they adopt the rule of a strict con- Constitution delegated to Congress the powstruction of these powers to prevent the er to force a State into submission whioh is danger! But they did not fear, noD- had attempting to withdraw or has actually they any reason to imagine, that the Con- withdrawn from the Confederacy ? If anstitution would ever be so interpreted as to swered in the affirmative, it must be on the enable any State, by her own act and with- principle that the power has been conferred out the consent of her sister States, to dis- upon Conercss to declare and to make war charge her people from all or any of their against a State. After much serious re- Fcderal obligations. flection I have arrived at the conclusion It may be asked, then, are the people of that no such power has been delegated to the States without redress against the tyr- Congress or to any other department of the anny and oppression of the Federal Gov- Federal Government. It is manifest upon ernment ? The right of resistance on the an inspection of the Constitution, that this part of the governed against the oppres- is not among the specific and enumerated sion of their governments cannot be deni- powers granted to CongTees; and it is ed. It exists independently of all consti- equally apparent that its exercise is not tutions, and has been exercised at all peri- "necessary and proper for carrying intoexods of the world's history. Under it old ecution" any one of these powers. So far governments have been destroyed, and new from this power having been delegated to ones have taken their place. It is embodi- Congress, it was expressly refused by the ed in strong and expressive language in convention which framed the Constitution, our own Declaration of Independence.— It appears, from the proceedings of that But the distinction must ever be observed, body that on the 31st of May, 1787, the that this is revolution against established clause "authorizing an exertion of the force Government, and not a voluntary secession ofthe whole againtt a delinquent Stale" from it by virtue of an inherent constitu- come up for consideration. Sir. Madison tional right. In short, let us look the dan- opposed it in a brief but powerful speech, ger fairly in the face: Secession is neither from whioh I shall extract but a single more nor less than revolution. It may, or sentenoe. He observed : cicement, the Union shall perish, the eril maj then become irreparable. Congress can contribute much to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils, which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to be found in the 5tli article providing for its own amendment. Under this article amendments have been proposed by two-thirds of both houses of Congress, and have been "ratified by the legislatures of three-fourths of the several States," and have consequently become parts of the Constitution. To this process the country is indebted for the clause prohibiting Congress from pasting any law respecting an establishment of religion, or abridging the freedom of speech or of the press, or of the right of petition. To this we are also indebted for the Bill of Rights, which secures the people against any abuse of power by the Federal Government. Such were the apprehensions justly entertained by the friends of Staterights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without these amendments. THE PRESIDENT'S MESSAGE. Pillow-Citizens op the Senate and Bouse of Representatives Throughout the year since our last meeting, the country has been eminently prosperous in •11 its material interests. The general liealth has been excellent, our harvests tikve been abundant, and plenty smiles throughout the land. Our commerce and manufactures have been prosecuted with •nergy and industry, and have yielded fair wd ample returns. In short, no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. It is said, however that the antecedents of the President elect have been sufficient to justify the fears of the South that he will attempt to invade thair constitutional rights. But are such apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals ? From the very nature of his officc, and its high responsibilities, he must necessarily be conservative- The stern duty of administering the vast and complicated concerns of this Goxernmcnt affords in itself a guarantee that he will not attempt any violation of a olear constitutional right. After all, he is no more than the chief executive officer of tho Government. His province is not to make, but to execute, the laws ; and it is a remarkable fact in our history, that, notwithstanding the repeated efforts of the Anti- Slavery party, no single act has ever passed Congress, unless we may possibly except the Missouri Compromise, impairing, in the slightent degree, the right of the South to their property in slaves. And it may also be observed, judging from the present indications, that no probability exists of the passage of such an act, by a majority of both Houses, either in tho present or the next Congress. Surely, under these circumstances, we ought to be restrained from present action by the precept of Him who spake as never man spoke, that "sufficient unto the day is the evil thereof."— The day of evil may never come, unless we shall rashly bring it upon ourselves. It is alleged as one cause for immediate secession that the Southern States are denied equal rights with the other States in the common Territories. But by what authority are these denied ? Not by Congress, which has never passed, and I believe never will pass, any act to excludc Slavery from these Territories; and certainly not by the Supreme Court, which has solemnly decided that slaves are property, and, like all other property, their owners have a right to take them there under the protection of the Constitution. " Nor is the Government of tho Unitod States, created by the Constitution, loss n Government in the ttriot sense of tho term within the sphere of its powers, thun tho governments created by the constitutions of the States are, within their several spheres. It is, like them, organised into legislative, executive, and judiciary departments. It operates like them, directly on persons and things; and, like them, it has at command a physical force for executing the powers committed to it." It was intended to be peipetual, and not to be annulled at the pleasure of any one of the contracting parties. The old articles of confederation were entitled "Articles of Confederation and Perpetual Union between the States and by the 18th article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the articles of Confederation, recites that it was established " in order to form a perfect Union." And yet it is contended that this " more perfect Union" does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Government. These powers embrace the very highest attributes of national sovereignty. They placc both the sword and the purse under its control. Congress has power to mako war, and to make peace; to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with tho power to coin money, and to regulate the value thereof, and to regulate conimcrce with foreign nations, and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and collect duties on imports, and in common wit'u the States to lay and collect all other taxes. Why is it, then, that discontent now so extensively prevails, and the Union of the 8tates, which is the source of all these blessings, is threatened with destruction ? The long-continued and intemperate interference of the Northern people with the question of Slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now arrayed against each other, and the time has arrived, so much dreaded by the Father of his Country, when hostile geographical parties have been formed. I have long foreseen and often forewarned my countrymen of the now impending danger. This does not proceed solely from the claims 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 danger to the Union, (as others, have been), in (he hope that time and reflection might apply the remedy. The immediate peril arises not so much from these causes as from the ftct that the incessant and violent agitation of the Slavery question throughout the North for the last quarter of a centu!l, has at length produced its malign inuence on the slaves, and inspired them with vague notions of freedom. Henoe a sense of security exists no longer around the family altar. This feeling of peacc at home has given place to apprehension of servile insurrection. Many a matron thro'- outthe South retires at night in dread of what may befal herself and children bofore the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and intensify itself until it shall pervade the masses of the Southern people, then disunion will become inevitable. Self-preservation is the first law of-nature, and has been implanted in the heart of man by his Creator for the wisest parpose ; and no political union, however mught with blessings and benefits in all other respects, can long continue, if the necessary consequence be to render the homes and the firesides of nearly half the parties to it habitually and hopelessly insecure. Sooner or luter the bonds of such m Union must be severed. It is my conviction that this fatal period has not yet arrived ; and my prayer to Ood is, that he would preserve the Constitution and the Union throughout all generations. But let us take warning iu time, and remove the cause of danger. It cannot be denied that, for five and twenty years, the agitation at the North against Slavery in the South has been incessant. In 1835, pictorial handbills and inflammatory appeals were circulated extensively throughout the South, of a character to excite the passions of the slaves ; and, in the language of Oen. Jackson, " to stimulate them to insurrection, and produce all the horrors of a servile war." This agitation has ever since been continued by the public press, by the proceedings of State and County Conventions, and by Abolition sermons and leotures. The time of Cougress has been occupied in violent speeches on this neverending snbjeet, and appeals in pamphlet and other forms, indorsed by distinguished names, have been sent forth from this central point and spread broadoast over the Union. Rut are we to presume in advance that he will thus violate his duty '/ This would be at war with every principle of justice and of Christian charity. Let us wAit for the overt act. The fugitive slave lair has been carried into execution in evcTy contested case since tho commencement of the present administration; though often it is to be regretted, with great loss and inconvenience to the master, and with considerable expense to the government. Let us trust that the State legislatures will repeal their unconstitutional and obnoxious enactments. Unless this shall bo done without unnecessary delay, it is impossible for any human power to save the Union. Again, the Constitution was amended by the same process after the election of President Jefferson by the House of Representatives, in February, 1803. This amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the Government during the pendency of that election. The article for its own amendment was intended to secure the arnica-' ble adjustment of conflicting constitutional questions like the present, which might arise between the governments of the States and' that of the United States. This appears from contemporaneous history. In this connection, I shall merely call attention to a few sentences in Mr. Madison's justly-celebrated report, in 1799, to the legislature of Virginia. In this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of seyeral other State legislatures. The Southern States, standing on the basis of the Constitution, have a right to demand this act of justice from the States of the North. Should it be refused, then the Constitution, to which all the States are parties, will have been wilfully violated by one portion of them in a provision essential to the d'juicstic security and happiness of tho remainder. In that event, the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justifiable in revolutionary resistance to the Government of tho Union. These were mainly founded upon the protest of the Virginia Legislature against the "Alien and Sedition Acts, as "palpable aDd alarming infractions of the Constitution." In pointing but the peaceful and constitutional remedies, and he referred to none other, to which the States were authorized to resort, on such occasions, he concluded by saying, " that the Legislatures of the States might have made a diroct representation to Congress with a view to obtain a rescinding of the two offensive acts, or they might have represented to their respective Senators in Congress their wish that twothirds thereof would propose an explanatory amendment to the Constitution, or two-thirds of themselves, if such had been their option, might, by an application to Congress, hare obtained a convention for the same object" This is the very course which I earnestly recommend in order to obtain an "explanatory amendment" of the Constitution on the subject of Slavery. This might originate with Congress or the State legisldtures, as may be. deemed most advisable to attain the object I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the past few years that any State, whenever this shall be its sovereign will and pleasure, may.secede from the Union, in accordance with the Constitution, and without any violation of the constitutional rights of the other members of the Confederacy. That as each become parties to the Union by the vote of its own people assembled in Convention, so any one of them may retire from the Union in a similar manner by the vote of such a convention. it may not be a justifiable revolution, bat still it is revolution. « The use of force against a State would look more like a declaration of war than So far, then, as Congress is cencerned, the objection is not to anything they have already done, but to what they may do hereafter. It will surely be admitted that this apprehension of future danger is no good reason for an immedi-ite dissolution of the Union. It is true that the Territorial Legislature of Kansas, on the 23d of February, 1860, passed in great haste an act, over the veto of the Governor, declaring that Slavery "is, and shall be, forever prohibite-1 in this Territory." Sufch an act, however, plainly violating the rights of property secured by the Constitution, will surely be declared void by the Judiciary whenever it shall be presented in a legal form. What, in the mean time, is the responsibility and true position of the Executive ? He is bound by solemn oath before God and the country "to take care that the laws be faithfully executed," and from this obligation he cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which ho conld have exercised no control ? Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All tho Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the Federal Government, necessary for the distribution of remedial justice among the people, has bean demolished ; and it would be difficult, if not impossible, to replace it. The only acts of Congress on the stafcutc-book, bearing upon this subject, are those of the 28th February, 1795, and 3d March, 1807. These authorize the Preaiident, after he shall have ascertained that the marshal with his posse comitatu* is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the army and navy to aid him in performing this service, havingfirst by Proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes, within a limited time." This duty cannot by possibility be performed in a State where no judicial authority exists to issue process, and where thore is no marshal to execute it, and where even if there were such an officer, the entire population would constitute one solid oombinatiqu to resist him. The bare enumeration of these provisions proves how inadequate they aro without further legislation to ovoroome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether tjio present laws can or cannot be amended so as to oarry out more effectually tho objects of the Constitution.an infliction of punishment; and would probably be considered by the party attaoked as a dissolution of all previous compacts by which it might be bound." Upon his motion the clauso was unanimously postponed, and was never I believe again "presented. Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said : " Any Government for the United States, formed on the supposed practicability of using force against the unconstitutional proceedings of the States, would prove as visionary and fallaoioug as the government of Congress," evidently meaning the then existing Congress of the old Confederation.Without descending to particulars, it may be safely asserted that the power to make war against a State is at variance with the whole spirit and intent of the Constitution. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards ? Shall we hold it as a province, and govern it by despotic power? In the nature of things we could not, by physical foree, control the will of the people, and compel them to elect Senators and Representatives to Congress, and to perform all the other duties depending upon their own volition, and required from the free citizens of a free State as a constiuent member of the Confederacy. But, if we possessed this power, would it be wise to exercise it under existing circumstances f The object would doubtless be to preserve the Union. War would not only present the most effectual means of destroying it, but would banish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering ftiture reconciliation between the States impossible. In the meantime, who can foretell what would be the sufferings and privations of the people during its existence f The fact is, that our Union rests upon public opinion, and can never be cemented by thC blood of its citizens shed in civil war. If il cannot live in the affections of the people, il must one day perish. Congress possessci many means of preserving it by conciliation but the sword was not placed in their hand b preserve it by force. But may I be permitted solomnly to invoki my countrymen to pause and deliberate, be fore they determine to destroy this, the grand est temple which has ever been dedicated ti But the Constitution has not only conferred these high powers upon Congress", but has adopted effectual means to restrain the States from interfering with their exercise. For that purpose it has, in strong prohibitory language, expressly declared that "no State shall enter into any treaty, alliance, or confederation; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attaincr, ex po»t fac, law, or law impairing the obligation of contracts. Moreover, " without the conscnt of Congress, no State shall lay any imposts or duties on any imports or exports, except what may be absolutely necessary for executing its inspection laws;" and if they exceed this amount, the excess shall belong to the United States. The explanatory amendment might be confined to the final settlement of the true con-. struction of the Constitution on three special points:— 1. An express recognition of the right of property in slaves in the States where it now exists, or may hereafter exist. 2. The duty of protecting this right in all the common Territories throughout their territorial existence, and until they shall be admitted as States into the Union, with or without slavery, as their constitutions may prescribe.8. A like recognition of the right of the master to have his slave, who has escaped from one State to another, restored and " delivered up" to him, and of the validity of the fugitive slave law enacted for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the Constitution, and are consequently null and In order to justify secession as a constitutional remedy it must be on the principle that the Federal Government is a mere association of States, to be dissolved at pleasure by any one of the contracting partics. If this be so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one letiring from the Union, without responsibility, whenever any sudden excitement might impel them to such a course. Uy this process a (Jnion might be entirely broken into fragments in a few weeks, which cost our forefathers many years of toil, privation, and blood, to establish. Only three days after my inauguration, the Supremo Court of the United States solemnly adjudged that this power did not exist in a territorial legislature. Yet such has been the factious temper of the times that the correctness of this decision has beeu extensively impugned before the people, and the question has given rise to angry political conflicts throughout the country. Those who have appealed from this judgment of our highest constitutional tribunal to popular assemblies, would, if they could, invest a territorial legislature with power to annul the sacred rights of property. This power Congress is expressly forbidden by the Federal Constitution to exercise, hvery State legislature in the Union is forbidden by its own constitution to exercise it. It cannot be exercised in any State except by the people in their highest sovereign capacity when framing or amending their State constitution. And "no State shall without the consent of Congress, lay any duty of tonnage ; keep troops, or ships of war, in time of peace; enter into any 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." It may be objected that this construction of he Constitution has already been settled by he Supreme Court of the United States, via vhat more ought to be required ? The answer s, that a very large proportion of the people Df the United States still contest the oorrectiess of this decision, and never will cease from imitation and admit its binding force until Nearly established by the people of the several States in their sovereign character. Such in explanatory amendment would it is beloved orever terminate the existing dissensions and ■estore peace and harmony among the States. It ought not to be doubted that such an appeal to the arbitrament established by the Constitution itself would be received with &- For by all the States of the Confederacy. In uiy event it ought to be tried in a spirit of conciliation before any of these States shall jepnrnte themselves from the Union. When I entered upon the duties of the presidential office, the aspect neither of our foreign nor domestic affairs was at all satisfactory. We were involved in dangerous complications with several nations, and two of our Territories were in a state of revolution against the Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions were countenanced by many of our citiiwis, and were Buffered, in defiance of the efforts of the Government, to escape from our shores, for tho purpose of making war upon the unoffending people of neighboring republics with whom wo were at peace. In addition to those and other difficulties, w# experienced a revolution in monetary affairs, soon after my advent to power, of unexampled severity and of ruinous consequences to all the great interests of tho country. When we take a retrospect of what was then our condition and contrast this with its material prosperity at the time of the l*to presidential election. "we have abundant reason to return our grateful thanks to that merciftil Providence whbh has never forsaken us as a nation in all our past trials. [We have given in full that portion of the message relating to the present condition ol our country. The balance being of lessim portance to the general reader, we give in brie! the outlines of the balance of this long aoc nedley document] 8uch a principle is wholly Inconsistent with the history as well as the character of the Federal Constitution. After it was framed, with the greatest deliberation and care, it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies, composed of the first men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty strugglo between the first intellects of this or any other country, it never occurred to any individual, either among Its opponents or advocates, to assert, or even to intimate, that their efforts were all vain Wbor, because the moment that any State felt herself aggrieved she might secede from the Union. In order still further to sccurc the unntcrruptcd exercise of these high powers ?tate interposition it is provided "that this Constitution and the laws of the United states which shall be made in pursuance hereof; and all treaties made, or which hall be made, under the authority of the Jnited States, shall be the supreme'law of he land/; and the judges in every State shall le bound thereby, anything in the Constitution or laws cf any States to the contrary notwithstanding." The solemn sanction of religion has been super-added to the obligations of official duty, and all Senators and Representatives of the United States, and all members of State Legislatures, and all Executive and Judicial officers, "both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution."In like manner it can only be exorcised by the people of a Territory represented in a eonvention of delegates for the purpose of framing a constitution preparatory 'to admission as a State into the Union.— Then, and not until then, aro they invested with power to decide the question whether Slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subordinate territorial legislation. Were it otherwise, then indeed would the equality of the States in the Territories be destroyed, and the right of property in slaves would depend, not upon the guarantees of the Constitution, but upon the shifting majorities of an irresponsible territorial legislature. ■ Such a doctrine, from its intrinsic unsoundness, cannot long influence any considerable portion of our people, much less can it afford a good reason for the dissolution of the Unioo. How easy would it be for the American people to settle the Slavery question forever, and to restore peace and harmony to thia distracted country. Thay, and they alone, can do it. All that is necessary to accomplish the object, Mid all for which the Slave States have ever contended, 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. Fdr this, the people of the North are not more responsible, and have no more right to interfere, than with similar institutions in Russia, or in Brail. Upon their good sense and patriotio forbearance I confess I still greatly rely. Without their aid, it is beyond the power of any President, no matter what nay be his own political proclivities, to renter* peace and harmony among the States. Wisely limited and restrained as is his power, nnder our Constitution and laws, he •lone can accomplish but little, for good Ot for evil, on such a momentous question. And thin brings me to observe that the «botM» of anv one of our fellow-citizens to tile office of President does not of itself afford just cause for dissolving the Union. This is more especially true if his election has been effeoted by a mere plurality, and Mt a majority, of the people, and has re. suited from transient ana temporary causes, which may probably never again occur. In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of "a deliberate, palpable and dangerous exercise " of powers not granted by th Constitution. The late Presidential election, however, has been held in striot omftrmity with its express provisions.— How then, can the result justify a revolution to destroy this very Constitution 1— What a crushing argument would this have proved against those who dreaded that the rights of the States would be engendered by the Constitution. Tbe truth is, that it was not until many years after tho origin of tho Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of 16th January, 1883, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language :—"The right of the people of a single State to absolve themselves at will, and without the consent oi the other States, from their most solemn obligations, and hazard the liberty and happiness of the millions oomposing this Union, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objeots which it was expressly formed to attain." In order to carry into effect these powers, the Constitution has established a perfect Government in all its forms, Legislative, Executive, and Judicial; and this Government, to the extent of its powers, acts dircctly upon the iudividhal citizens of every State, and executes its own decrees by the agency of its own officers. The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be collected, as heretofore, at the custom-house in Charleston ; and should the collector unfortunately resign, a successor may be appointed to perform thib duty. Then in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, " by the consent of the legislature of the State," "for the creation of forts, magazines, arsenals," Cfcc.. and over these the authority "to execute exolusive legislation" has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in oommand of the forts has received orders to aot strictly on the defensive. In such a contingency, the responsibility for consequenoes would rightfully reat upon the heads of tbe assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to deeide what shall be the relations between the Federal Govl crnment and South Carolina. Be has been luman freedom since the world began ? It ias been consecrated by the bldod of our nth era, by the glories of the past, and by the lopes of the future. The Union has already nade us the most prosperous and, ere long, will, if preserved, render us the moat powerful nation on the face of the earth. In every foreign region of the globe the title it American citizen is held in the highest respect, and when pronounced in foreign land it causes the hearts of our eountryraen to swell with honest pride. Surely when we reaoh the brink of the yawning abyss, we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroyed, and a long night of leaden despotism would enshroud the natioa Our example for more than eighty year* would not only be lofit, but it would be quoted as a conclusive proof that man to unfit for self-governmentIt fa not every wrong—nay, tt to not every grievous wrong-wbich can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, alter every other constitutional means of conciliation bad been exhausted. We should reflect that under this free Government there u an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has already reached and passed the culminating point But if; in the midst of the existing ex- The most palpable violations of constitutional duty whioh have yet been committed, consist in the acts of different State legislatures to defeat tbe execution of the fugitive slave law. It ought to be remembered, however, that for these acts, neither Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are, therefore, nnll and void. All the courts, both State and National, before whom the question has arisen, have from the beginning declared the fugitive slave law to be constitutional. The single exception is that of a State court iu Wisconsin ! and this has not only been reversed by the proper appellate tribunal, but has met with suoh universal reprobation that there can be no damage from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity. It is founded upon an express provision of the Constitution, requiring that fugitive slaves who escape from #er- In this respect it differs entirely from the Government under the old Confederation which was oonfincd to making requisitions on the State in their sovereign character. This left it in the discretion of each whether to obey or to refuse and they often declined to comply with such requisitions. It thus became necessary, for the purpose of removing this barrier, and "in order to form a more perfect Union," to establish a Government whioh could act directly upon the people, and execute its own laws without the intermediate agency of the States. This has been accomplished by the Constitution of the United States. Iff short, the Government created by the Constitution, and deriving its authority from the sovereign people of each of the several States, has precisely the same right to exercise its power over the people of all thtse States, in the enumerated oases, that each one of them possesses over subjects not delegated to the United States, but "reserved to the States, respectively, or to the people." OUE FOREIGN RELATIONS. OIUUTJtBRAJX. V® 81 UN It is not pretended that any clause in | the Constitution gives countenance to suck a theory. It is altogether founded upon inference, not from any language contained in, the instrument itself but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, t» l yield a portion of it* Sovereign righto to Our relation* with Great Britain raoat friendly character. Since tfcocv „— merit of my administration, the two dangarw* j wiiiiou "™'u * wuiudi The diicordant^constructions of the Clayton and Bulwer treaty between the two gonDnt-
Object Description
Title | Pittston Gazette and Luzerne Anthracite Journal |
Masthead | Pittston Gazette and Luzerne Anthracite Journal, Volume 10 Number 39, December 13, 1860 |
Volume | 10 |
Issue | 39 |
Subject | Pittston Gazette newspaper |
Description | The collection contains the archive of the Pittston Gazette, a northeastern Pennsylvania newspaper published from 1850 through 1965. This archive spans 1850-1907 and is significant to genealogists and historians focused on northeastern Pennsylvania. |
Publisher | Pittston Gazette |
Physical Description | microfilm |
Date | 1860-12-13 |
Location Covered | United States; Pennsylvania; Luzerne County; Pittston |
Type | Text |
Original Format | newspaper |
Digital Format | image/tiff |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contact | For information on source and images, contact the West Pittston Public Library, 200 Exeter Ave, West Pittston, PA 18643. Phone: (570) 654-9847. Email: wplibrary@luzernelibraries.org |
Contributing Institution | West Pittston Public Library |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Description
Title | Pittston Gazette and Luzerne Anthracite Journal |
Masthead | Pittston Gazette and Luzerne Anthracite Journal, Volume 10 Number 39, December 13, 1860 |
Volume | 10 |
Issue | 39 |
Subject | Pittston Gazette newspaper |
Description | The collection contains the archive of the Pittston Gazette, a northeastern Pennsylvania newspaper published from 1850 through 1965. This archive spans 1850-1907 and is significant to genealogists and historians focused on northeastern Pennsylvania. |
Publisher | Pittston Gazette |
Physical Description | microfilm |
Date | 1860-12-13 |
Location Covered | United States; Pennsylvania; Luzerne County; Pittston |
Type | Text |
Original Format | newspaper |
Digital Format | image/tiff |
Identifier | PGL_18601213_001.tif |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contact | For information on source and images, contact the West Pittston Public Library, 200 Exeter Ave, West Pittston, PA 18643. Phone: (570) 654-9847. Email: wplibrary@luzernelibraries.org |
Contributing Institution | West Pittston Public Library |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Full Text | HUSTON fliUfc GAZETTE1 OB PBINTIKG AND IN GAZETTE, The "Gazette" Jobbing Offioe, AMS Luzerne Anthracite Journal. and the lob Printing Offlce of HIOHAET & BXY1 Being now consolidated, embraces a larger variety# Jobbing material than any other offlce la the count™ and lafnlly prepared to execute work of all klnda In tha beat and chuapeu manner* Particular attention given to thefollowlng iytd PUBLISHED WEEKLY BY R1CHART, BEVEA 4 THOMPSON, Gazette Building, lain Street, West Side. The GAZETTE and JOURNAL is published vftrj Thursday, at Two Dollars per annum, itnetly in cukance. UfTNo postage chargcd within the county. MANIFESTS, ORDERS, PAMPHLETS, HANDBILLS, CIRCULARS, BILL HEgflRl SHOW-BILLS, TICKETS, LABELS, CABOI, NOTES, fee,, AND LUZERNE ANTHRACITE JOURNAL. advertising RATES. RULING. Iw. I lm.JSm. I « ra | 1 J. Ruled work of all kinds, done In the neatest and Wat manner, and printed as requested. Everything in this line will receive prompt attention. * * * L* I 85 | 3 00 j 5 00 | 8 00 . . I 80 | 2 00 | i 00 | 7 00 | 10 00 ftfofefr to i\t Cnd Interests, politics, fkfars, literature, anir General intelligence. ■ . «c0)»(0|700|18 00 7 00 10 00 18 00 30 00 BLANKS. I 'ioUMB,' 6 00 ] 10 00 | » 00 | 35 00 | #0 00 The following Blanks are kept on hand, or printed M order, and sold on reasonable teraa: Bherrtff Salea, Warrants, Constable's Sales, Summons, Judgement Contracts, Promissory Notes, Subpoeans, Attachments, Executions, Marriage Certifleatee, Cheek Rolls, Tine Rolls, Deeds, Contracts, Leases, etc.,etc. Regular yearly advertisers, not to eicesd with card fan* a■{Hares at anv lima, $15. Buaineaa notices, with•B advertisement, $1 each. iy The above rates will be strictly adhered to. PITTSTON, PA., THURSDAY. DECEMBER 13,1860. WHOLE NO. 529. VOLUME X.—NO. 39. Reason, justice, a regard for the Constitution, all require that we shall wait for some overt and dangerous act on the part of the President elect before resorting to such a remedy. vice in one State to another shall be "delivered up" to their masters. Without this provision it is a well known historical fact that the Constitution itself could never have been adopted by the Convention. In ono form or other wider the acts of 1798 and 1860, both being substantially the same, the fugitive slave law has been the law of the land from the days of Washington until the present moment. Here, then, a clear ease is presented, in which it will be the duty of the next President, as it has been my own, to act with vigor in executing this supreme law against the conflicting enactments of State legislatures. Should he fail in the performance of this high duty, he will then have mauifeeted a disregard of the Constitution and laws, to the great injury of the people of nearly one-half of the States of tho Union. secure the remainder ? In the languago of Mr. Madison, who has been called the father of the Constitution: " It was formed by the States—that is, by the people in each of the States, acting in their highest sovereign capacity; and formed consequently by the same authority which formed the State constitutions," To the extent of the delegated powers invested with no such discretion. Heposthe Constitution of the United States is as sesses no power to change the relations much a part of the constitution of eaoh heretofore existing between them, much State, and is aa binding upon its to acknowledge the independence of as though it had been textually inserted that State. This would be to invest a mere therein. / Executive officer with the power of recog- This Government, therefore, is a great' nixing the dissolution of the Confederacy and powerful Government, invested with among our thirty-three sovereign States.— all the attributes of sovereignty over the It bears no resemblance to the recognition special subjects to which its authority ex- of a foreign de faeto government, involving tends. Ita framers never intended to im- no such responsibility. . plant in ita bosom the seeds of its own de- Any attempt to do this would, on his struction, nor wcfc they at its creation part, be a naked act of usurpation. It is, guilty of the absurdity of providing for therefore, my duty to submit to Congress its own dissolution. It was not intended the whole question in all its bearings. The by its framers to be the baseless fabric of course of events is so rapidly hastening a vision whioh, at the touoh of the en- forward, that the emergency- may soon chanter, would vanish into thin air, but a arise, when you may be called upon to desubstantial and mighty fabric, capable of cide the momentous question, whether you resisting the slow decay of time and of possess the power, by force of arms, to defying tho storms of ages. compel a State to remain in the Union. I Indeed, woll may the jealous patriots of should feel myself recreant to my duty that day have indulged fears that a govern- were I not to express an opinion on this ment of such high powers might violate important subject. the reserved rights of the States, and wise- The question fairly stated is :—Has the ly did they adopt the rule of a strict con- Constitution delegated to Congress the powstruction of these powers to prevent the er to force a State into submission whioh is danger! But they did not fear, noD- had attempting to withdraw or has actually they any reason to imagine, that the Con- withdrawn from the Confederacy ? If anstitution would ever be so interpreted as to swered in the affirmative, it must be on the enable any State, by her own act and with- principle that the power has been conferred out the consent of her sister States, to dis- upon Conercss to declare and to make war charge her people from all or any of their against a State. After much serious re- Fcderal obligations. flection I have arrived at the conclusion It may be asked, then, are the people of that no such power has been delegated to the States without redress against the tyr- Congress or to any other department of the anny and oppression of the Federal Gov- Federal Government. It is manifest upon ernment ? The right of resistance on the an inspection of the Constitution, that this part of the governed against the oppres- is not among the specific and enumerated sion of their governments cannot be deni- powers granted to CongTees; and it is ed. It exists independently of all consti- equally apparent that its exercise is not tutions, and has been exercised at all peri- "necessary and proper for carrying intoexods of the world's history. Under it old ecution" any one of these powers. So far governments have been destroyed, and new from this power having been delegated to ones have taken their place. It is embodi- Congress, it was expressly refused by the ed in strong and expressive language in convention which framed the Constitution, our own Declaration of Independence.— It appears, from the proceedings of that But the distinction must ever be observed, body that on the 31st of May, 1787, the that this is revolution against established clause "authorizing an exertion of the force Government, and not a voluntary secession ofthe whole againtt a delinquent Stale" from it by virtue of an inherent constitu- come up for consideration. Sir. Madison tional right. In short, let us look the dan- opposed it in a brief but powerful speech, ger fairly in the face: Secession is neither from whioh I shall extract but a single more nor less than revolution. It may, or sentenoe. He observed : cicement, the Union shall perish, the eril maj then become irreparable. Congress can contribute much to avert it by proposing and recommending to the legislatures of the several States the remedy for existing evils, which the Constitution has itself provided for its own preservation. This has been tried at different critical periods of our history, and always with eminent success. It is to be found in the 5tli article providing for its own amendment. Under this article amendments have been proposed by two-thirds of both houses of Congress, and have been "ratified by the legislatures of three-fourths of the several States," and have consequently become parts of the Constitution. To this process the country is indebted for the clause prohibiting Congress from pasting any law respecting an establishment of religion, or abridging the freedom of speech or of the press, or of the right of petition. To this we are also indebted for the Bill of Rights, which secures the people against any abuse of power by the Federal Government. Such were the apprehensions justly entertained by the friends of Staterights at that period as to have rendered it extremely doubtful whether the Constitution could have long survived without these amendments. THE PRESIDENT'S MESSAGE. Pillow-Citizens op the Senate and Bouse of Representatives Throughout the year since our last meeting, the country has been eminently prosperous in •11 its material interests. The general liealth has been excellent, our harvests tikve been abundant, and plenty smiles throughout the land. Our commerce and manufactures have been prosecuted with •nergy and industry, and have yielded fair wd ample returns. In short, no nation in the tide of time has ever presented a spectacle of greater material prosperity than we have done until within a very recent period. It is said, however that the antecedents of the President elect have been sufficient to justify the fears of the South that he will attempt to invade thair constitutional rights. But are such apprehensions of contingent danger in the future sufficient to justify the immediate destruction of the noblest system of government ever devised by mortals ? From the very nature of his officc, and its high responsibilities, he must necessarily be conservative- The stern duty of administering the vast and complicated concerns of this Goxernmcnt affords in itself a guarantee that he will not attempt any violation of a olear constitutional right. After all, he is no more than the chief executive officer of tho Government. His province is not to make, but to execute, the laws ; and it is a remarkable fact in our history, that, notwithstanding the repeated efforts of the Anti- Slavery party, no single act has ever passed Congress, unless we may possibly except the Missouri Compromise, impairing, in the slightent degree, the right of the South to their property in slaves. And it may also be observed, judging from the present indications, that no probability exists of the passage of such an act, by a majority of both Houses, either in tho present or the next Congress. Surely, under these circumstances, we ought to be restrained from present action by the precept of Him who spake as never man spoke, that "sufficient unto the day is the evil thereof."— The day of evil may never come, unless we shall rashly bring it upon ourselves. It is alleged as one cause for immediate secession that the Southern States are denied equal rights with the other States in the common Territories. But by what authority are these denied ? Not by Congress, which has never passed, and I believe never will pass, any act to excludc Slavery from these Territories; and certainly not by the Supreme Court, which has solemnly decided that slaves are property, and, like all other property, their owners have a right to take them there under the protection of the Constitution. " Nor is the Government of tho Unitod States, created by the Constitution, loss n Government in the ttriot sense of tho term within the sphere of its powers, thun tho governments created by the constitutions of the States are, within their several spheres. It is, like them, organised into legislative, executive, and judiciary departments. It operates like them, directly on persons and things; and, like them, it has at command a physical force for executing the powers committed to it." It was intended to be peipetual, and not to be annulled at the pleasure of any one of the contracting parties. The old articles of confederation were entitled "Articles of Confederation and Perpetual Union between the States and by the 18th article it is expressly declared that "the articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual." The preamble to the Constitution of the United States, having express reference to the articles of Confederation, recites that it was established " in order to form a perfect Union." And yet it is contended that this " more perfect Union" does not include the essential attribute of perpetuity. But that the Union was designed to be perpetual appears conclusively from the nature and extent of the powers conferred by the Constitution on the Federal Government. These powers embrace the very highest attributes of national sovereignty. They placc both the sword and the purse under its control. Congress has power to mako war, and to make peace; to raise and support armies and navies, and to conclude treaties with foreign governments. It is invested with tho power to coin money, and to regulate the value thereof, and to regulate conimcrce with foreign nations, and among the several States. It is not necessary to enumerate the other high powers which have been conferred upon the Federal Government. In order to carry the enumerated powers into effect, Congress possesses the exclusive right to lay and collect duties on imports, and in common wit'u the States to lay and collect all other taxes. Why is it, then, that discontent now so extensively prevails, and the Union of the 8tates, which is the source of all these blessings, is threatened with destruction ? The long-continued and intemperate interference of the Northern people with the question of Slavery in the Southern States has at length produced its natural effects. The different sections of the Union are now arrayed against each other, and the time has arrived, so much dreaded by the Father of his Country, when hostile geographical parties have been formed. I have long foreseen and often forewarned my countrymen of the now impending danger. This does not proceed solely from the claims 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 danger to the Union, (as others, have been), in (he hope that time and reflection might apply the remedy. The immediate peril arises not so much from these causes as from the ftct that the incessant and violent agitation of the Slavery question throughout the North for the last quarter of a centu!l, has at length produced its malign inuence on the slaves, and inspired them with vague notions of freedom. Henoe a sense of security exists no longer around the family altar. This feeling of peacc at home has given place to apprehension of servile insurrection. Many a matron thro'- outthe South retires at night in dread of what may befal herself and children bofore the morning. Should this apprehension of domestic danger, whether real or imaginary, extend and intensify itself until it shall pervade the masses of the Southern people, then disunion will become inevitable. Self-preservation is the first law of-nature, and has been implanted in the heart of man by his Creator for the wisest parpose ; and no political union, however mught with blessings and benefits in all other respects, can long continue, if the necessary consequence be to render the homes and the firesides of nearly half the parties to it habitually and hopelessly insecure. Sooner or luter the bonds of such m Union must be severed. It is my conviction that this fatal period has not yet arrived ; and my prayer to Ood is, that he would preserve the Constitution and the Union throughout all generations. But let us take warning iu time, and remove the cause of danger. It cannot be denied that, for five and twenty years, the agitation at the North against Slavery in the South has been incessant. In 1835, pictorial handbills and inflammatory appeals were circulated extensively throughout the South, of a character to excite the passions of the slaves ; and, in the language of Oen. Jackson, " to stimulate them to insurrection, and produce all the horrors of a servile war." This agitation has ever since been continued by the public press, by the proceedings of State and County Conventions, and by Abolition sermons and leotures. The time of Cougress has been occupied in violent speeches on this neverending snbjeet, and appeals in pamphlet and other forms, indorsed by distinguished names, have been sent forth from this central point and spread broadoast over the Union. Rut are we to presume in advance that he will thus violate his duty '/ This would be at war with every principle of justice and of Christian charity. Let us wAit for the overt act. The fugitive slave lair has been carried into execution in evcTy contested case since tho commencement of the present administration; though often it is to be regretted, with great loss and inconvenience to the master, and with considerable expense to the government. Let us trust that the State legislatures will repeal their unconstitutional and obnoxious enactments. Unless this shall bo done without unnecessary delay, it is impossible for any human power to save the Union. Again, the Constitution was amended by the same process after the election of President Jefferson by the House of Representatives, in February, 1803. This amendment was rendered necessary to prevent a recurrence of the dangers which had seriously threatened the existence of the Government during the pendency of that election. The article for its own amendment was intended to secure the arnica-' ble adjustment of conflicting constitutional questions like the present, which might arise between the governments of the States and' that of the United States. This appears from contemporaneous history. In this connection, I shall merely call attention to a few sentences in Mr. Madison's justly-celebrated report, in 1799, to the legislature of Virginia. In this he ably and conclusively defended the resolutions of the preceding legislature against the strictures of seyeral other State legislatures. The Southern States, standing on the basis of the Constitution, have a right to demand this act of justice from the States of the North. Should it be refused, then the Constitution, to which all the States are parties, will have been wilfully violated by one portion of them in a provision essential to the d'juicstic security and happiness of tho remainder. In that event, the injured States, after having first used all peaceful and constitutional means to obtain redress, would be justifiable in revolutionary resistance to the Government of tho Union. These were mainly founded upon the protest of the Virginia Legislature against the "Alien and Sedition Acts, as "palpable aDd alarming infractions of the Constitution." In pointing but the peaceful and constitutional remedies, and he referred to none other, to which the States were authorized to resort, on such occasions, he concluded by saying, " that the Legislatures of the States might have made a diroct representation to Congress with a view to obtain a rescinding of the two offensive acts, or they might have represented to their respective Senators in Congress their wish that twothirds thereof would propose an explanatory amendment to the Constitution, or two-thirds of themselves, if such had been their option, might, by an application to Congress, hare obtained a convention for the same object" This is the very course which I earnestly recommend in order to obtain an "explanatory amendment" of the Constitution on the subject of Slavery. This might originate with Congress or the State legisldtures, as may be. deemed most advisable to attain the object I have purposely confined my remarks to revolutionary resistance, because it has been claimed within the past few years that any State, whenever this shall be its sovereign will and pleasure, may.secede from the Union, in accordance with the Constitution, and without any violation of the constitutional rights of the other members of the Confederacy. That as each become parties to the Union by the vote of its own people assembled in Convention, so any one of them may retire from the Union in a similar manner by the vote of such a convention. it may not be a justifiable revolution, bat still it is revolution. « The use of force against a State would look more like a declaration of war than So far, then, as Congress is cencerned, the objection is not to anything they have already done, but to what they may do hereafter. It will surely be admitted that this apprehension of future danger is no good reason for an immedi-ite dissolution of the Union. It is true that the Territorial Legislature of Kansas, on the 23d of February, 1860, passed in great haste an act, over the veto of the Governor, declaring that Slavery "is, and shall be, forever prohibite-1 in this Territory." Sufch an act, however, plainly violating the rights of property secured by the Constitution, will surely be declared void by the Judiciary whenever it shall be presented in a legal form. What, in the mean time, is the responsibility and true position of the Executive ? He is bound by solemn oath before God and the country "to take care that the laws be faithfully executed," and from this obligation he cannot be absolved by any human power. But what if the performance of this duty, in whole or in part, has been rendered impracticable by events over which ho conld have exercised no control ? Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the United States to secure the administration of justice by means of the Federal Judiciary are concerned. All tho Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. We no longer have a district judge, a district attorney, or a marshal in South Carolina. In fact, the whole machinery of the Federal Government, necessary for the distribution of remedial justice among the people, has bean demolished ; and it would be difficult, if not impossible, to replace it. The only acts of Congress on the stafcutc-book, bearing upon this subject, are those of the 28th February, 1795, and 3d March, 1807. These authorize the Preaiident, after he shall have ascertained that the marshal with his posse comitatu* is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the army and navy to aid him in performing this service, havingfirst by Proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes, within a limited time." This duty cannot by possibility be performed in a State where no judicial authority exists to issue process, and where thore is no marshal to execute it, and where even if there were such an officer, the entire population would constitute one solid oombinatiqu to resist him. The bare enumeration of these provisions proves how inadequate they aro without further legislation to ovoroome a united opposition in a single State, not to speak of other States who may place themselves in a similar attitude. Congress alone has power to decide whether tjio present laws can or cannot be amended so as to oarry out more effectually tho objects of the Constitution.an infliction of punishment; and would probably be considered by the party attaoked as a dissolution of all previous compacts by which it might be bound." Upon his motion the clauso was unanimously postponed, and was never I believe again "presented. Soon afterwards, on the 8th June, 1787, when incidentally adverting to the subject, he said : " Any Government for the United States, formed on the supposed practicability of using force against the unconstitutional proceedings of the States, would prove as visionary and fallaoioug as the government of Congress," evidently meaning the then existing Congress of the old Confederation.Without descending to particulars, it may be safely asserted that the power to make war against a State is at variance with the whole spirit and intent of the Constitution. Suppose such a war should result in the conquest of a State, how are we to govern it afterwards ? Shall we hold it as a province, and govern it by despotic power? In the nature of things we could not, by physical foree, control the will of the people, and compel them to elect Senators and Representatives to Congress, and to perform all the other duties depending upon their own volition, and required from the free citizens of a free State as a constiuent member of the Confederacy. But, if we possessed this power, would it be wise to exercise it under existing circumstances f The object would doubtless be to preserve the Union. War would not only present the most effectual means of destroying it, but would banish all hope of its peaceable reconstruction. Besides, in the fraternal conflict a vast amount of blood and treasure would be expended, rendering ftiture reconciliation between the States impossible. In the meantime, who can foretell what would be the sufferings and privations of the people during its existence f The fact is, that our Union rests upon public opinion, and can never be cemented by thC blood of its citizens shed in civil war. If il cannot live in the affections of the people, il must one day perish. Congress possessci many means of preserving it by conciliation but the sword was not placed in their hand b preserve it by force. But may I be permitted solomnly to invoki my countrymen to pause and deliberate, be fore they determine to destroy this, the grand est temple which has ever been dedicated ti But the Constitution has not only conferred these high powers upon Congress", but has adopted effectual means to restrain the States from interfering with their exercise. For that purpose it has, in strong prohibitory language, expressly declared that "no State shall enter into any treaty, alliance, or confederation; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attaincr, ex po»t fac, law, or law impairing the obligation of contracts. Moreover, " without the conscnt of Congress, no State shall lay any imposts or duties on any imports or exports, except what may be absolutely necessary for executing its inspection laws;" and if they exceed this amount, the excess shall belong to the United States. The explanatory amendment might be confined to the final settlement of the true con-. struction of the Constitution on three special points:— 1. An express recognition of the right of property in slaves in the States where it now exists, or may hereafter exist. 2. The duty of protecting this right in all the common Territories throughout their territorial existence, and until they shall be admitted as States into the Union, with or without slavery, as their constitutions may prescribe.8. A like recognition of the right of the master to have his slave, who has escaped from one State to another, restored and " delivered up" to him, and of the validity of the fugitive slave law enacted for this purpose, together with a declaration that all State laws impairing or defeating this right are violations of the Constitution, and are consequently null and In order to justify secession as a constitutional remedy it must be on the principle that the Federal Government is a mere association of States, to be dissolved at pleasure by any one of the contracting partics. If this be so, the Confederacy is a rope of sand, to be penetrated and dissolved by the first adverse wave of public opinion in any of the States. In this manner our thirty-three States may resolve themselves into as many petty, jarring, and hostile republics, each one letiring from the Union, without responsibility, whenever any sudden excitement might impel them to such a course. Uy this process a (Jnion might be entirely broken into fragments in a few weeks, which cost our forefathers many years of toil, privation, and blood, to establish. Only three days after my inauguration, the Supremo Court of the United States solemnly adjudged that this power did not exist in a territorial legislature. Yet such has been the factious temper of the times that the correctness of this decision has beeu extensively impugned before the people, and the question has given rise to angry political conflicts throughout the country. Those who have appealed from this judgment of our highest constitutional tribunal to popular assemblies, would, if they could, invest a territorial legislature with power to annul the sacred rights of property. This power Congress is expressly forbidden by the Federal Constitution to exercise, hvery State legislature in the Union is forbidden by its own constitution to exercise it. It cannot be exercised in any State except by the people in their highest sovereign capacity when framing or amending their State constitution. And "no State shall without the consent of Congress, lay any duty of tonnage ; keep troops, or ships of war, in time of peace; enter into any 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." It may be objected that this construction of he Constitution has already been settled by he Supreme Court of the United States, via vhat more ought to be required ? The answer s, that a very large proportion of the people Df the United States still contest the oorrectiess of this decision, and never will cease from imitation and admit its binding force until Nearly established by the people of the several States in their sovereign character. Such in explanatory amendment would it is beloved orever terminate the existing dissensions and ■estore peace and harmony among the States. It ought not to be doubted that such an appeal to the arbitrament established by the Constitution itself would be received with &- For by all the States of the Confederacy. In uiy event it ought to be tried in a spirit of conciliation before any of these States shall jepnrnte themselves from the Union. When I entered upon the duties of the presidential office, the aspect neither of our foreign nor domestic affairs was at all satisfactory. We were involved in dangerous complications with several nations, and two of our Territories were in a state of revolution against the Government. A restoration of the African slave trade had numerous and powerful advocates. Unlawful military expeditions were countenanced by many of our citiiwis, and were Buffered, in defiance of the efforts of the Government, to escape from our shores, for tho purpose of making war upon the unoffending people of neighboring republics with whom wo were at peace. In addition to those and other difficulties, w# experienced a revolution in monetary affairs, soon after my advent to power, of unexampled severity and of ruinous consequences to all the great interests of tho country. When we take a retrospect of what was then our condition and contrast this with its material prosperity at the time of the l*to presidential election. "we have abundant reason to return our grateful thanks to that merciftil Providence whbh has never forsaken us as a nation in all our past trials. [We have given in full that portion of the message relating to the present condition ol our country. The balance being of lessim portance to the general reader, we give in brie! the outlines of the balance of this long aoc nedley document] 8uch a principle is wholly Inconsistent with the history as well as the character of the Federal Constitution. After it was framed, with the greatest deliberation and care, it was submitted to conventions of the people of the several States for ratification. Its provisions were discussed at length in these bodies, composed of the first men of the country. Its opponents contended that it conferred powers upon the Federal Government dangerous to the rights of the States, whilst its advocates maintained that under a fair construction of the instrument there was no foundation for such apprehensions. In that mighty strugglo between the first intellects of this or any other country, it never occurred to any individual, either among Its opponents or advocates, to assert, or even to intimate, that their efforts were all vain Wbor, because the moment that any State felt herself aggrieved she might secede from the Union. In order still further to sccurc the unntcrruptcd exercise of these high powers ?tate interposition it is provided "that this Constitution and the laws of the United states which shall be made in pursuance hereof; and all treaties made, or which hall be made, under the authority of the Jnited States, shall be the supreme'law of he land/; and the judges in every State shall le bound thereby, anything in the Constitution or laws cf any States to the contrary notwithstanding." The solemn sanction of religion has been super-added to the obligations of official duty, and all Senators and Representatives of the United States, and all members of State Legislatures, and all Executive and Judicial officers, "both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution."In like manner it can only be exorcised by the people of a Territory represented in a eonvention of delegates for the purpose of framing a constitution preparatory 'to admission as a State into the Union.— Then, and not until then, aro they invested with power to decide the question whether Slavery shall or shall not exist within their limits. This is an act of sovereign authority, and not of subordinate territorial legislation. Were it otherwise, then indeed would the equality of the States in the Territories be destroyed, and the right of property in slaves would depend, not upon the guarantees of the Constitution, but upon the shifting majorities of an irresponsible territorial legislature. ■ Such a doctrine, from its intrinsic unsoundness, cannot long influence any considerable portion of our people, much less can it afford a good reason for the dissolution of the Unioo. How easy would it be for the American people to settle the Slavery question forever, and to restore peace and harmony to thia distracted country. Thay, and they alone, can do it. All that is necessary to accomplish the object, Mid all for which the Slave States have ever contended, 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. Fdr this, the people of the North are not more responsible, and have no more right to interfere, than with similar institutions in Russia, or in Brail. Upon their good sense and patriotio forbearance I confess I still greatly rely. Without their aid, it is beyond the power of any President, no matter what nay be his own political proclivities, to renter* peace and harmony among the States. Wisely limited and restrained as is his power, nnder our Constitution and laws, he •lone can accomplish but little, for good Ot for evil, on such a momentous question. And thin brings me to observe that the «botM» of anv one of our fellow-citizens to tile office of President does not of itself afford just cause for dissolving the Union. This is more especially true if his election has been effeoted by a mere plurality, and Mt a majority, of the people, and has re. suited from transient ana temporary causes, which may probably never again occur. In order to justify a resort to revolutionary resistance, the Federal Government must be guilty of "a deliberate, palpable and dangerous exercise " of powers not granted by th Constitution. The late Presidential election, however, has been held in striot omftrmity with its express provisions.— How then, can the result justify a revolution to destroy this very Constitution 1— What a crushing argument would this have proved against those who dreaded that the rights of the States would be engendered by the Constitution. Tbe truth is, that it was not until many years after tho origin of tho Federal Government that such a proposition was first advanced. It was then met and refuted by the conclusive arguments of General Jackson, who in his message of 16th January, 1883, transmitting the nullifying ordinance of South Carolina to Congress, employs the following language :—"The right of the people of a single State to absolve themselves at will, and without the consent oi the other States, from their most solemn obligations, and hazard the liberty and happiness of the millions oomposing this Union, cannot be acknowledged. Such authority is believed to be utterly repugnant both to the principles upon which the General Government is constituted and to the objeots which it was expressly formed to attain." In order to carry into effect these powers, the Constitution has established a perfect Government in all its forms, Legislative, Executive, and Judicial; and this Government, to the extent of its powers, acts dircctly upon the iudividhal citizens of every State, and executes its own decrees by the agency of its own officers. The same insuperable obstacles do not lie in the way of executing the laws for the collection of the customs. The revenue still continues to be collected, as heretofore, at the custom-house in Charleston ; and should the collector unfortunately resign, a successor may be appointed to perform thib duty. Then in regard to the property of the United States in South Carolina. This has been purchased for a fair equivalent, " by the consent of the legislature of the State," "for the creation of forts, magazines, arsenals," Cfcc.. and over these the authority "to execute exolusive legislation" has been expressly granted by the Constitution to Congress. It is not believed that any attempt will be made to expel the United States from this property by force; but if in this I should prove to be mistaken, the officer in oommand of the forts has received orders to aot strictly on the defensive. In such a contingency, the responsibility for consequenoes would rightfully reat upon the heads of tbe assailants. Apart from the execution of the laws, so far as this may be practicable, the Executive has no authority to deeide what shall be the relations between the Federal Govl crnment and South Carolina. Be has been luman freedom since the world began ? It ias been consecrated by the bldod of our nth era, by the glories of the past, and by the lopes of the future. The Union has already nade us the most prosperous and, ere long, will, if preserved, render us the moat powerful nation on the face of the earth. In every foreign region of the globe the title it American citizen is held in the highest respect, and when pronounced in foreign land it causes the hearts of our eountryraen to swell with honest pride. Surely when we reaoh the brink of the yawning abyss, we shall recoil with horror from the last fatal plunge. By such a dread catastrophe the hopes of the friends of freedom throughout the world would be destroyed, and a long night of leaden despotism would enshroud the natioa Our example for more than eighty year* would not only be lofit, but it would be quoted as a conclusive proof that man to unfit for self-governmentIt fa not every wrong—nay, tt to not every grievous wrong-wbich can justify a resort to such a fearful alternative. This ought to be the last desperate remedy of a despairing people, alter every other constitutional means of conciliation bad been exhausted. We should reflect that under this free Government there u an incessant ebb and flow in public opinion. The slavery question, like everything human, will have its day. I firmly believe that it has already reached and passed the culminating point But if; in the midst of the existing ex- The most palpable violations of constitutional duty whioh have yet been committed, consist in the acts of different State legislatures to defeat tbe execution of the fugitive slave law. It ought to be remembered, however, that for these acts, neither Congress nor any President can justly be held responsible. Having been passed in violation of the Federal Constitution, they are, therefore, nnll and void. All the courts, both State and National, before whom the question has arisen, have from the beginning declared the fugitive slave law to be constitutional. The single exception is that of a State court iu Wisconsin ! and this has not only been reversed by the proper appellate tribunal, but has met with suoh universal reprobation that there can be no damage from it as a precedent. The validity of this law has been established over and over again by the Supreme Court of the United States with perfect unanimity. It is founded upon an express provision of the Constitution, requiring that fugitive slaves who escape from #er- In this respect it differs entirely from the Government under the old Confederation which was oonfincd to making requisitions on the State in their sovereign character. This left it in the discretion of each whether to obey or to refuse and they often declined to comply with such requisitions. It thus became necessary, for the purpose of removing this barrier, and "in order to form a more perfect Union," to establish a Government whioh could act directly upon the people, and execute its own laws without the intermediate agency of the States. This has been accomplished by the Constitution of the United States. Iff short, the Government created by the Constitution, and deriving its authority from the sovereign people of each of the several States, has precisely the same right to exercise its power over the people of all thtse States, in the enumerated oases, that each one of them possesses over subjects not delegated to the United States, but "reserved to the States, respectively, or to the people." OUE FOREIGN RELATIONS. OIUUTJtBRAJX. V® 81 UN It is not pretended that any clause in | the Constitution gives countenance to suck a theory. It is altogether founded upon inference, not from any language contained in, the instrument itself but from the sovereign character of the several States by which it was ratified. But is it beyond the power of a State, like an individual, t» l yield a portion of it* Sovereign righto to Our relation* with Great Britain raoat friendly character. Since tfcocv „— merit of my administration, the two dangarw* j wiiiiou "™'u * wuiudi The diicordant^constructions of the Clayton and Bulwer treaty between the two gonDnt- |
Tags
Add tags for Pittston Gazette and Luzerne Anthracite Journal
Comments
Post a Comment for Pittston Gazette and Luzerne Anthracite Journal