Historical Newspapers of South Carolina

r V ^ ' ~ t*r- * THE CAROLINA SPARTAN J "Wm:. n. trimmier. Jlciotcd to Southern ilijjhtss, j?otitic& ^tgricuMurc, and #s per anivum. J VOL. XVIE SPARTANBURG, S. C., THURSDAY, DECEMBER R3, 18G0. NO. 4kjj iwjnw????p?? ?? ??? ? ? ri?? - - ?he tffaroliuu Spartan. Frioo, Two DoLLAnn per annum, in advance, ?.r 9*2 .50 at the end of the year. 11' not paid until after the year expiree $3.00. Ko subscription taken for leas than six months. Money may be remitted through postmasters at our riak. Job work of all kinds promptly executed. Blanks, Law and Equity, continually on hand, vr printed to order. j The LefflNlalure. In the Senate, on Tuesday, the followIng discussion took place on a hill from the j House to establish a Hoard of Ordnance and Ordnance Bureau : Mr. Fickling moved to strike out the Words appointed by the Governor," and Went on tog."'c his reasons for making the ! motion. He was opposed to making the ; the Governor the appoiniirg power, nud i the:*ehy virtually making him the < )rd-1 nance Bureau, lie desired to he under-, stood as not expressing any fear as regards : the action of the gentleman who now fills Or who may be selected to fill the Kxccu-' tivo Chair during the coming two years. As the bill now stood, the Governor up pointed the Board, and the Board, with the Governor, the ordnance officer, and liereally thought that if the Hoard was select cd by the Legitdature, there would he a better chance of getting gentlemen of wisdom and intelligence. Should the hill pass as | reported, we, of course, UUikc the Governor ' the Ordnauce Board. Mr. Mazyck said the Ordnance officer1 Was not yet provided for |f,? would ?u_: gest to the gentlemen from S. \i, ! Kick ting) that if the word "three were stricken out in the fifth line, and "one' in sorted, the difficulty would he overcome ' The Governor then would have only on. i i- a.. i . luvmucr 01 i in' i Mt;n * i in app "Til. I I.is change WOulil also have til g i i ? il ? ; <>| red twang the number of tin- IIimi I. as a number of Senators think, six entiirly too ' 2 lofgc a number to compose the U aid , P "" Wlian Constituted, the Hoard Would lie all ! executive and not a '1< liberative body, and the less number ol' permits cuuij using it the be'tor. Mr. Alston moved to annul sous to make the three members of the Hoard appointed by the Governor and Adjutant General. j Mr. Moses asked how it would 1 o i( tin Governor and Adjutant Goii ovi cud not agree. Mr. Cannon tuoved that the 1 ill he re committed to the Military Committee. \\Y were drifting into the same difficulty ex pcricnced when this bill was uod- r consideration last week. At every step matters appeared to become more tangled. Mr. Illicit hoped t! o friends of the hill would make a stan I and p.ivs it at once. If these continue 1 motions to postpone, to amend, or to adjourn were to no sprung on every uccus.on, the friends <>l the measure had better give up at once. the obj.ctions raised to portions of the bid were captious, and should not have the effect ot swerving its friends for a moment. This is no time for trifling. It becomes us to prepare for the coming crisis. After other amendments fail now wo have one cvt dently intended to veto the Governor !>v the voie of the Adjutant (icncnl. i I< then referred to the action of the hcgUla lure in lMol, an asked Senators to only enquire how it Was that tin:State had now so lit any can noa?how was it that there were gnus of such In rgo calibre n mv in Chatleston harbor? They were procured l?y tinvery act of ISiil, which jpivr the ii >Vetn or the assistance nml ml vice or tin* v rv host men in tli State. What > ml i [ bly be the objection to tin* tJovetnor hav ,iii? three gciitlcuiiii to help liim / He .could not see why the nnmher should he s .small. As far as lie was concerned, he -.would prefer to have five gentlemen ap'pointed to assist the (Joveruor in doing itlic work. lie appealed to Senators to .cease their endeavors to amend the bill. Jle desired t see the State put in a prop ,er st: te of defence at once, and he was ready .to take the hill as it conic from the House, and pass it through this body without altering a line. Mr. Fickling desired to he understood 4is offering no captious opposition to the bill. He was as earnestly in favor of it a> an}' gentleman in the Senate, and would also vote fur it without altering a word or a letter; but when a bill like this comes before us, it is our duty as legislators to perfect it us much as possible. 11 nmonument had been made in good faith, and lor no other purpose than to allow other Senators the opportunity to participate in perfecting the bill. He bad not the least objection to making the Governor the enlire Ordnance Ocpurtuicut, but it had ? never been the policy of the State to put the power of appointment in (he hands of t>ov0.r|,nri a,,d ',e could see no reason r.'jy it should ud done now. I>\ making .the appointments, die legislature holds a wholesome restraint y.u die oU;d''rj* J " Jiave checks and balau' < > On them. Ii these ueiitlriiiien are to be uiirujiit i .* i - O ? - ( ""II " Jy an adviser* of tuc tiovcrijur, cannot that functionary call on every gentleman .State tor advice ; and it .-o, \\ 1;y nia'u :hboard do largo. The result ol tin h. ; a-, it .now stands, wao to make the in-, i nor (In Hoard, and for this reason he would lik< to see it changed, but not at the hazard of defeating the bi'l. lie was perlerl.lv willing that (ho word " three shoul 1 he stricken out. and to have the Hoard c n-ist ' of the liovernor, Adjutant tinier d, and Ordiianeo olhccr Mr. Cannon said that, at the risk of be ing considered captious, he intended to speak his mind on th ; .-ubj.et. Ho was opposed to this haste?this pa sage of inportunt bills without having them duly considered. It was better, fir heitcr, to pass no bills whatever, than to pass me.i-. urea that will have to be reconsidere on Account of their iiuperfcctnesii. i! waperfeotly nwaro of the crisis the State was approaching, and for this reason he desired it) ?ee these important bills put in proper % ? ' * p f shape. There was no Senator who would , ' go farther, or who would do more for the ' State, than he would ; hut whatever was ' done, he desired to see done properly. Mr. Uhctt rose to explain. In speaking I ! of captious opposition, he meant what he considered direct opposition to the hill. He desired Senators to look at the city of) Charleston ; there they would find eight of i ?he largest class 1'uixan guns thut hud b?;on | procured in other sections of the country j by a board of gentlemen who had left the j State for that very purpose. Messrs. J>ray- ) ton, Jones, Martin and others of this Hoard, J Welti and houoht these inms?those verv guns thrt may perhaps be used in taking j the torts_in Charleston harbor. Now, all know that it is an ussuu oil fact, hut the j speak,. was not une who believed in it, [ tliat the (lovernor eouhl not leave the State during his term of oflioe, and what possiblo objection eouhl there bo to gentlemen of standing and ability performing the ' service, par icularly when they served for! nothing. lie read the Act of 1^51, under which these very Paixau guns were ; purchased in Virginia. If (lovernor, is; stritkeii out, that funetionory will he just w here he is now?no In tter nor no worse ; : but leave it as it is, and he would guatati- j tec that the Governor would have good and true men around hint ; some, perhaps, 1 that were even now in the employ of the 1 trite 1 St tes Government. Mr. Cannon was willing so to amend his motion as to make the committee report . to-uiorrnw. All he wanted was to recoil? !" do bring together the different views entertained M.. fi... llo.ton Jiojm d there would be no postponement 'III. I oil) til 11 tee could prc?i ut the Senate with uuiicw light w liatet < on , the subject. Mr. I-iekling withdrew his motion, expre-siiig hiiii.-ell as I'ully satisfied with the c\p!:nia;i<'U ol the geiitletiiau Iroui St. Ilele,M ? Mr. Marshall remarked that the time for . action had artived. If we arc to d<> any-j tiling, said he, now or ne er is the time to do it. '1 he Legislature must act. A - a ! member ot the Military Committee,' he w mid have been a Imuicd to make a report hi (In: subjects u furred to that 'otn- j t'.iiiiee .it tile i.xtr.i Session, h id lie not ltlioughtth.it the Legislature wott. 1 lie. 1 acted pro.Uj tly U them, and the St ite s , j pr. niptly hav carric 1 tlicm nut. The f ill I t'ctoiethe Senate possibly may not Le as > ir et and proper as it mi lit l<?-* we inns' not I i.; at . :Miur delects, but take it as a wlielcas a measure calculated to support the S ate in the Coining emergency. The udy eiiange that he won 1*1 desire to see i .made was tli t the ordiuiiic dopurtmeut 1-e luade s -parole and distinct Iroin all otlmr.. Ml the cannon, gnus, cnuipmetits and machinery of vv.ir should he under the exclusive control ol this department. The I uttcd Stall's Ordnance Department had been gotten up in IS.'JJ by such in- u us Scott and Macomb, and their judgment j dictated that all the stores and munitions ot the arm should he under its coiilr;.). In the veiy last campaign of the I nited States troops in a foreign land, General Scott hail instituted an Ordnance DepartuiClit and put over it a Lieutenant Colotn !; and in making his selection from the gallant spirits around him, ho selected one that every Carolinian loved to honor?-the brave linger. 1 ii tlii^.'our first stop, we shoiil 1 t ike a less.hi from t lie ev 'notice of others. Ilr ?ti"l tli.it |>i iblv tin; ! I.ill might lie i;mre acceptable if in lieu ??1 I four j tin- (> rt 1 n a tic Hoar 1 i >.. - i -1 >; j ;i I uli Mi I, a l.ii u'i nan' t o! in 1, ami a Mil i jor, to l?e electi '1 liy tin- 1. ditnre ami ill.- (! -. vn.ir, i U jjl'-i" 1'resiik-nt of'i tin* lloaril. Mr. Cannon withdraw liis mot ii i> to recommit. I h" saggestion of the v*? nator from Abbeville inei his views precisely. Mr. Ijryutid -sired t<> know whether these j officers were to lie taken from the regular ' militia n iw in i xifcteiice, or iioui the force ! to be raised. j Mr. Marshall was porfeetly willing to I to leave that to (tie Legislature. Had lie ' i the ]>ower, lie would take tliein from South Caiailiuiatis u iw in the I nited ; dates A nuv. j Mr. Hiyau remarked that the oiiicers ; named were of a certain rank, ami of course j they winil i have to be taken froui among those now holding those ranks in the S'tate. | Mr. Mazvek suggested that the officers ' J . D ^ ( ho stricken out s.nil three persons inserted. Mr. Marshall would he willing to that, provided that after the three persons were apnmntiol . 1 - ' ^ 1 ' 1 w iiivj -inmi'i lilllK as V. tlOI5? I, I.leMj tenant Colonel ami Major. Mr ti.irUiigton - 11;jro-io?l that tla l)??:irr?j ho appointed hv the (lov r::or. Mr. Ilryan ivuiuiked ili.it it was it nortaut to !?? uinlor-too'l that tlu- parties clots' tod or appointed, arc to have sp< /died sulaj rica. Mr. llhett said that the debate that h id taken place on t! is important bill had satlniied him that the <\?iiiuiitt<'0 had t'.iith tolly performed '.heir doty. Thev certainly 1111 et >t * what 'h 'y were about; but ever n delU '-rative body Was in a fog, tl i boil) Was ill one now. The olUccv.? 1 nup'-lng tl: < )rduan<? Hoard aie l serve lor unthi.ig, ::u 1 ; ' r- natot de-ire they shall Htaud tin ord- 1! t.f an eel ion by the Logisk.tilie. Make it and y< o , will have naught hut mean men coming here to solicit your vote; no gentleman, no | honorable man, would bo found coming j lieretoa.sk or 11 position. Mnk it so, .aid j you will have lit ; woist kind of men filling j the most tvopoiiidhle position in the .v't*te, ft.i thesimple r a-on that nolioijoinble man | will seek it. 'I hi* thing is only temporary. I, I . I .... u'. ...I. i' .- ' ' II v. itifij'/t 144. I I'll-. . * 'III If ? H Mlliil lli I the other South in Stat, will soon have mi army <1 their jwi??-an army on the ; haute looting \,ith that oft he nited States. 1 lie aid wu are eullt 1 a small State nod c I smellor people, and. if this debate eontinues inuelt louder, wo slinll 1 < looked upon jih lining engaged in a small business. Ilo hoped tl.c people would bo larger, and the State more powerful ere long. ' 4b EXTRACTS FROM Tin: PRESIDENT'S MESSAGE. hiir- c.iizcits of tin Senii/c ami llmite of Repre rn/d/u'M: Throughout the year, since our hist meeting, the country l:as been eminently prosperous in all its juatcriul interests. The general health has been excellent, our harvests have been abundant, ami plenty smiles throughout the land. Our commerce and manufactures have been prosecuted with energy and industry, and have yielded fair and ample returns. In short, no nation in the tide of time has over presented a spectacle of greater material prosperity than we have done until within a very recent period. W hy is it, then, that discontent now so extensively prevails, and the I'nii.n of the SfjlllW Vlliwll iu (lm ..I ..II !? - It tuvii IU i uv rwui w V/l illl HHV?U blessings, is threatened with destruction ? The long-continued and intemperate interfe. once of the Northern people with tinquestion of slavery in the Southern States has a length produced its natural effects. : The different sections of'the I'nioii are now 1 arrayed against each other, and the time i has arrived, so much dreaded by the lath- ; or o|' his ('ouutry, when hostile googra pineal parties have been honied. 1 have long foreseen aud often forewarned my country men of the now impending danger 'I his docs nut proceed solely f. >111 the claim on the part of Congress ??r the Territorial I, gislnturcs to exel: do slavery l'mm the Territories, nor from tho efforts of different Suites to defeat tliccxccutiun of the lugitive slave law. All or any of these evils might , have been endured by the South without danger to the I tiion, (us others have been,; i in the hope tliat time ut:d n llection might apply the remedy. The immediate peril' arises, not so much from these cau-es, as from the fact that the incessant and\idlfciit ! agitation of the slavery qm-stiou throughout ta. North lor the last qiiui'.er ol a century, lias at length produoed its lutdiuu uiHu- nee ' on the s'aves.a.i 1 inspired them with vague notion* ol freedom. lleiiee a sense oi ???curity no longer exists around tin: family nitar. I his teeling of peace at home has given place to apprehensions ofserviie in- j surrcciiou. .Many a matron thiuugliou: the | South retires at night in dread of what may befall hois'. If and her children beiorc the morning. Should this apprehension <>f domestic danger, whether real or imaginary, extcmhd and intensify itself until it shall pcrv ide the ma-M s of tho Soutlu-in people, then disunitiu will become inevitable. Self pn sei vatiou is the Urst law of nature, and lias been implanted in the heart ol'man, by his t'reatur, for the wisest purpose; and no political union, however fraught wiili blessings and beuclits in all other respects, can ioug continue, il the neecs.-ary conse<|Ueuce be to render the homes aud Li resides ol nearly half the parties to it habitually and hopelessly insci ure Sootier or later the bonds oi such a I'liion must be severe .1. It is my conviction that this fatal porir ! has j not y t arrived ; and my prayer to t'od i., ! that lie would preserve the < 'onstiUiti>:i ami the I nion throughout ail g; i.er itious I lint lei us take warning in tiia:-, ; i: i :? - 1 move the cause of danger. Iteanno be hnied that, for live and twenty years, the, agitation at the North against slus rv i ithe South has been incessant. In 1 bo, [ . torial hand-bills, and inilaniiuatory appeals,1 were circulated extensively throughout the ; South, of a character to excite the pa ions of the slave* ; and.iti the laligua_ oflicu eral Jackson, "to siimulatc them t iu-c.irrcet.on, and pr? luce all the horr.<: < a! servile war. This a. itati<>u has c\*i rsinc< b o continued by the puldie pre s, Jy 11?, proceedings <1 State and County Couvoii- J lions, aud by Abolition sermon. a :d 1 lures. 'J he tliuo of CoilJ : 88 it. b< i :: ic- j copied in vi lent speeches on this never- J eliding subject; ami apj als in pumplilet ami other forms, endorsed by distinguished j names,have been sent forth fioin this central point, and sprc- d broad-cast over the 1 I uii 111. How ?y v.'ouM i( bo i" ?r the American people i i It i he slavery question forever, and to r<.-Lore peace and harmony to the ii .itrafted country i hey, a ; i tin y alone, < an do it. All that is necc.- ary ?o acconij li h the object, and ail lor which the slave States h ive ever contended, is to he let alone, and ;>erinitt< d to manage their domestic institutions in their own way. As sovereign States, they, ! and they alone, are responsible before tlod and the vorld for the shivery existing ! among them. I'or this, the people of the North are not more rcsponaiblo, and have no inure right to interfere, than with siu? lar institiui m.s in Ke. a er I'razil. a j.oii td eir good sen. o and patriotic forbearance 1 r mIces 1 Mi l greatly rely. W itho.it their aid. it is h yoiid the power oi'any I' ' at, no inai'.er ivl at may be !. o.vn p?,!:ii. ii proeliviliea, to restore peaco and hnrmi ny among the States. Wisely limited and r strained as is his power, niidi rour Const;-' tut ion and laws, he alone can neenmj iisli but little, lor good or for evil, on such a uioiu u tons question. And this brings mo to oh erve that . lie election of nny one of our lellow-citi.s a.- t<. the ( !." < f I're lea* <!of< not of i: . i! a.loril just taiiso I >r living t'.ie I uion. i it h is I;11.iv e " . \.j t .lit; ii i1. ion liiir* I'ccij eeeet. ! by i .? . ; ' .1 :.i. nut a 11. jjority ni'ho poopl- :i;: i It.; resulted Iruin ti msient in I t try < e.s which may |?r. hahlv never a^ain occur. In order to justify a ri<rl to t< voluiiouary ivhistaiici-, I lie Inderal (ioveruMcnt must b, guilty ul "a deliberate, palpable, .nil <1 in "emu exercise" of i>0Wi rs nn! ..s i 1 d by the (.'onsti'.ution. I'lie late j > si<I<-nt ial election, however, ha* been he! ] in striet conformity *\ith espriprovision* , I low, C. 1,0.111 l i: r.'SUlt justify a revnlil tion tod troy this very t 'oust it iitiony Ilea son, justice, a regard fur the Constitution, all require that we >hi'l wait lor Miimovert ami dangerous act <>n tin part of th President elect before resorting to luol) a remedy. It i> -aid, however, that the antoc omits of the 1'resnlent elect have he.m suiiicn lit fo justify the tears of the Smith that he ' will attempt to invade tin ir cou-titutiminl ' <1 rights. Ilut are such apprehensions of r contingent danger in the future sufficient g to justify the immediate destruction of the li tiobhatt system of government ever devised v by mortal*'{ From the very nature of his v office, ami its high responsibilities, he must v necessarily ho conservative. The stern >iu- < ty of administering. the vast ami corfipli- n catcd concerns of this (iovernmcnt aUoixls h in itself a guarantee that he will not at- : t< tempt any violation of a clear constitutional p right. After all, he is 11 > more than the ti chief executive officer of the t iovernuient. v His province is not t<? make, hut to exe-. a cute the laws; ami it is a remarkable fact ti in our hi torv that, liotwithstainli the ?> - - r f repeated effort* of the s'nti >l:iv?-ry parly, ? ln? single :?( t has ever passed (U'lless we may possibly except the Missouri ft Compromise, impairing, in ti e sliphte t decree, the rights ul the South to their l> property in slaves. Ami it may also he d observed, judidno from pro : nt indication-, ol that no pmbahih'y exi-t *>f *!i" 1 s,i;'e <(' {I such an act, hy a majority of both I'm;--. . : either in the present or t1 m-\i t' r r ? Surely, under the.-** iveuni-t; >, nn^ht t<? be restrained ft em | out a n i hy tlie | recept of lliiu \\I. . -! .' - :n r i man spoke, that *' - iiieient intu the da\ j.. is tie evil {her- I. " I lie tlay of evil ay r* never c> me, unit s- w > shall ra.-lny Lrin 1 it r. upon iiuTstdv* . It i.- alley.'d o.tu-e f r i'.uie -l: .to t, !f <-i :: that te-? S e:'l.- in S* ? - 1 i.i-d e.pial ri '?* - wit oi! -r . hi tl the common Tcnit .r < >. Cut hy what authority are these . 1? j,i. 1 ' Not l?v C >nyr< <s. which nev r ; !. a: I L I- ii. t' never will pass, any net t . . \ hi ! r\ -t from these Teni iri..* ; ami <--r ih.l> i ' tl by the Sitj r in art, which lias soletunlv I p: decided that siaV' - are p: ; ;? . a i, ! !. i all other pi j. r'v. t.i t. u have a ri"lit to tab theni in: > the < aainou 'f* rri a lories, ami hold t!i tu th iv under the pro- vtt etiim oi tlie C tie tit ut ion. So fir, ben, its < -n i ne* riii-tl. tr the o! jeetion i- not h> any t liina tiiey have pi done, hut to wh it they may h.-realt* r v It will sun-lv he a limit, d th ' th - appro- . hctision !' tntlire danger i- no >d reason I p for an iinin. liate ??i ? lu' n .-tie l-nioti. a It is true tii it th. Yoriit vial l.c^islatur*. < of l\ atisas, out!..- Jh 1 ot' I obi .a .. I i. I 1 "- - I - passe i m yre.it it .-i*? an act, ov r the to i oi of the (uiV' rn ?r. rhel.M inilia: ' r. an I -shall 1 fiv\n p. .! ' ! in th Tern: >rv." S idi an at-;. hour . phii violating t: n^!it> of jit ?j rty ! ' the Com?': ition, will Miiv'y L> voi I by 11. ' nary wli n. . r it .-ha ! ! ti jirosonti'ii i.. . ii i mil. j a Only tin - ii If i!' My ina.? n. it : n 111 (lie Supremo 1 art of (I. I : . ; I ; . ' solemnly :i 'ju ljo-1 tit n th ; . v r <1,.| n : ; exist iu u Territorial Legislature. \? . suoh lias been the fu tio : nip r f the ' 1' tine - that '' re ' I: j 1: people, nn t the qu stiou has given rise to 1 P Angry political eolitliets : ; hout tin M t .iiiti" th e v> li h . . :! If. : .i thi Jm 1 jnx ofiittr highest con titn i ihul j f' tribu .ii t ? popular njinbliea won! 1. i! | c th y c !. in - ' . i. r ' _i ' . \tritn pi wor to annul the saeri : rt ht ?.t M property. This power Cortyjri sisevi v .* 11 ly lor'u: M< n 1 v the ! \ th rv.l t' : ti'uti.ei t ? cset i i'. ' i .viy t .1;.! Lt y: hiP.: in ; *? tin I . i. ii "t for Li .i i 1 y i;> o\ .. i ti '4 tut'..>n to e\n ' it. It in: i !> cti r tr ciseil in any State \ by tlte ! : i th r hiyh. t v> . enj . . i. i; mi.:- r in their -ti 4 i. s ti ii i o I. ii'ii r, :l i - !4 li.-el ' y ti.- t ? : le t.r 'I'-i in ;y v . , ? s" iti 1 in a i invent! > I' -i !. ? f r irjv >.f i aiMii ! ir > : i . I . tory to ii<tm. - . .i a ... : 1:1 > t.e- ? loon. Then, ami not t:nt.i: . n.u. :hcy invi . with j >'.v r to il> . i :'.i a >ti<.n v. h '! r slavery shall or I.;.. i t \ r?-i jti author- 11 tfy, it ml i: t'i snhor linit>-'!' a. irori il h ^ * islation. We re it otherwise, th iml v?l. " wouhl the eipiality ol tin- St t - in tin* ' Territorii- he il.-stroM 1. ami t' ii hts nf ' projii rtv in *1 iv<- \v<> 11 1 n i n; n tho iruaratitei-s of the t'oii-t . hi, hit upon the sliittint; m.ij>>i ii u--ol an irr : :i 1 sihlu Territorial l.< a;-'.ittire. Sin-h a <1 > '* trine, front its intrinsic nn ?umln> s, e.m " not loin: iniluelice an\ c<>iisi.l< rahh porti-.n ' A. ! %* % . ' . I . t>i our I'*'"!1 '? Hi Hi it I c u it a '.-I a ! jimwI ivuhoii ! >r a 1?? liti??n ? ; tin* ! ni .11 The Must ]>al| .ll'If violatii It- m|" i 'I- 11:i 1 tional ili.tv wliii li havjet ' u i- una'!. 1. ' const!!is iii tit ? of liifl' it ! ; :ttlatunto >;.; ;i the . ui n i'ic . * vo J.aVO ! ! i ' , ic l, 1. . i v i", l!. 1 ,i. ('i.:i-ri. ii a;.j : . f\ !i M r. ) it' . . ... ;\ >!:.t i ! ' ' a.', tl. built v .i ... a . .. v; i .: iji.ol i i l?a. . . '.i i. .. : i . i :inttig do<r 1 lu fttgiti S ivc 1 tw i i ' t I *' coast ..II. o.\ -ti. n i that i . It Mtnte " u: : ::i n i in , find " this I.a.< 11 1 .i : . t ' f r.?j i r .1 :: I.. ;;h w:!;> 1 , . ii-: . ' . m ' ? ! j i.<* *a:i; I :.i :i . : ?. ' t. '1 ,? >. I ii11 na 11 i ;. i i' ... i:y. I. i i . if>n ill i 1 i ... gitivc I i\ v. !u? I- . i.. . ?' ono State to another, !i. ! bo : . i 1 Up" to i r J.I W.I vision. it i a w ,i i? i. ii I tliut llii t'oii - r it at ion it.'.':; . til i v?i ' liaVO borU :?<! _ ' I |.y I ?. ' i,\. i i ,n ! i ?' one I'nrin < ! .inii i" mi 1 r.ii i I. an?l I s?~? I" !!' l??'iu.r ib an* I I'll-,: it i v>- >!.i 1.4 w I- nii if:..? law ? ; iln ? l.i i'! limn I "l."j of \\ . mi. i ii! j llif Jii' -rtil li><>111 I. Ili'fc, tlii'ii, a i"lr.:r t" p.iso is j i v so t?" 1. in win. h it will ! ?mIm duly ill tin- n.".\t i ; -iilont, :i- II li . ! "ii i i in' own, to net with vigor iii executingIX tin.) u;i' i. i .. I_...I. t tin' iMiillii'ling . ti Oil li t iiM'nt . l.i >?..; I. _;i".l.itilt< - ^Inuild l.o fail in tl.r jn i t'oruianoo >f tliis liigli c luty, ho will then liave manifested a dis | cgard of the Constitution and laws, U) the . ;re st injury oi the people of nearly one- ' iall* of the States of the I 'nioti. l?Ut are j f> to presume in advance that he will tints < iolato his duty? This would beat war!" rith every principle oi justiee and of hnstiat) charity. le t us wait for the ] vert net. 1 he fbyitive slave law has I een carried into exeeiition in every eon sted ease since the comiiicneciiiciit of the ] resent adinitiistrutioii; though olten. it is > he regretted, with ^reat loss and incon- I < uiettee to the nia-t< r, and with consider- * lllc CXpellSC to til" (ioVOrtlllieUt. Let U? 1 I rust tl>nt the Stnto !laturen will re-{ ?.-?I tli ir unconstitutional ut<d obnoxious | 1 li.n tincuts. I nli'rs this shall be done 1 iil.nui iiiinccc if delay, it is impossible j ' >r any hitman powi r to .save t!ie I iiiott. , 1 'i'b." Southern States, standing u:i tli- i i i- of tlie ('(institution, have a right to i f etn.i^d ibis act ?>1'ju>tifrom the States ' r I'the North. Should it be refused, then ! a ie I Vu?titutiou, to wlii'di all the St&'.es L' j :Tti . will have b< "ii wilfnl'y violated | 1 ; e'i portion ef theui in a provi: ioa es- ; L .1 i the ii> * <; < -lie seem ;ty and happi- i i ?!' i* I oc-itis toob'aiii r die i.! ' 'i ied ill r< . dtilionary a .s( c, v ' tii ? . utneet oi the I'liiim. 1 ! ive j ; rj - ! e -nhii*d my remarks i i r v !?. v r, ?. be?io-e it lias I ...t any State, whom vor this shtlU bo its I I ?ver. i ii wi'l a ; 1 pks.oire may -eord |V? mi ' i I .:ion, i< a*-eor<la!ico with tli<? t'ousti .v r i ii, an ! wit limit hi . viola ion <d* the con- ' " itu'ion il v. bis ot the other niemh rs <?t a It! I illleilrl'.ICV. 'I li lt as e ie|| lit e llie ; <1 nt.es t<? the I ni <u by the vote of itsowti ' e .p'.. i<- i:.Mi i in t'onveuii <ti. so any j t : <<i i!i "ii may retire from the ' iii<m in i inii! .r m t?i i -r by the vote, ofaiieh a t '<<ii- | } untion. l States, t < be dissutv- t 1 pleasure by anyone of tin? contracting I i ties. 11 this be ?-<i, the Confederacy is i ope of s.tid, to be penetrated and dissolv- fl ! ; y tli<" tirst adverse wave ol'puolie opin- c hi in any if the States. In this manner t n thirty-three S: it< a may resolve themdve> into as many petty, jarring, and hos- i I Vei.n'.';.- *t. ^,. r- ... a. I : . , . . . . "ii I- IIIIII^ IIHIII liu1 | I : i i . v.. h ml i. [' bility when ver any i i hi- ii t x iu-mi'i t ii i-lit itii]><*l then to i . li a eo ir.-e. ISy this proee-s a I uion ;i _ht 1 e out rely broken into Irj^ineut.-. in " je\v Weeks which nwt our forefathers I i 111V V' lis ol to.!, j rivutiou, and blood to s !i i pi .in iple is wholly tucon .stent ? tii l..>tory ai well us the character of 1 i'. i i i! I' i : , utioii. Alter it ivas lVaiu- i I. v\ tii tlie ureale-t deiihi ration and care t w. -lii convention* of the poo- i . ?!i ver.il iIi'm for rati o-Mlioti.? > j.. :ou> wete t.i ; :.-- ed at 1 :*; .!* in c . bodies, n itip. se I of the ?ot men of , : e ' . t !e oj j '.:*sc i.'od . ..at j . 'i 1 po'i't .s ujioji the i ce i r;.S tin.*- ' v nil. ' o.; reus the rights of the j t it s, w ' ,..-t its "dvo"at.*s i.Mint::1 that ' t ii . r a 'hirconst netion ol tl. inotruitJi nt I e.i e u. - no loiltid.it'.on lb" si:cti . | j rel. _ r en.-. In that iui;:'..ty it:;' ! > bctwe. n 1 ;> iijntcMcct.s? ! t- or at:; < :!. r e> an- ' i v. it nev r oeoi'rred to a:: -' : n't i, . .riiofo i, ,.j . t.,-it .,r vi) ,to ' or even to intimate, tha' their t >iis t . .11 v.in ial.or, l'.. .iv t' nto.i.ent t . t .y r t it. ! in ' -'ed, -! ? : ht - vrJo !: in the ..ma. What :i a : ti ::: -...n ;! V. ml ! !. .ve ro* rJ i ? i'.-t w! !. tl.i- i . l- < w* ..? ! ! " 1 l?v I ho I i on. tit.siiuii. ' i. truth is, t ti.it .t w *? :.n( | ? i.1 I., my < r tin: oriyiu ? [' the < ! r::! ti v rimi ::t that -itch a ; roj. - *. i? in^t ait iii< e.J it was then in -t i ti i-iufi I hy tin; emulu>ivc argument I 1 lielicl il Jack-oil, who ill 111- lllo-HU^C ol I 1 ' 111 January, tr.iii-iiiittinit tin mil- :i v in . rJiiiaiM c of S'Hitli t'arolmu t it \?n- ' i r 'iiijilnys the following l.ni.'i i^e : j I in- i: .t of th i [lie l a -i11 - Siile I ahsoU t!icin-e!ve*? at will, tin.I with #at 1 1 i ' - it ol tii" ntlifr ." .ate.', from their - - ii mil oil i ations, an t liriv. irJ ill I', it y ami 11. i j. ].. 11. - - of the mill, m- com t -:iit !i i - I ti ion cannot he ackno.v l ' l^o! t u h authority i- holnv> I to l>c utterly iv l_;ii:tlit, hoth to tlie | rinc |i!i -Mjioii wtncli t i.'icii ral < io\ crnii.c.it i- constituted and \ >j- which it Was c\inc >iy form- < j !< . . <1 tit: . .. iy l* i..o in 1 i ( . titi u ti iv noe to audi ; *! iy !; . ;:! ,ct! - h .n k J uj io t i n , :.o* ' . i i .. I i , i _ < i:ta ii- t II l Iter , ,1 :.!; at It elf, I lit lioljl t. I \ . ciiar.ii'or of til ' sever. i h-'. ate- K ? . .'i it i iti.. !. i hit i< it ! v >!i ! J j . ; v. ... :. t't.uo, h.'.e an iuiiiv.lii'ai, . > y i hi a ji .tioii .?! i: o... ;.? rijhie to * .ire ('i r 'tint'.i lor.' In tl:e !:. ? ^ :u? , r Mr M . 'i .. wi. h -. ' u I t'.. it it. t I'11. n t : ti ai : 11 ?\i > I' : inc.! i : ; i l.-, v til ' J>r I'U ill j I. < ! I ' v neiir it. i lu ii 1.1 ..( J . . ? I J " 4J 'I'l t'l . ijilltll * ' * : v. !i .?* i ! ?i tin ?i i !;*? , '. : 1 . i ? . . . . ' .;u .it i*: ill t niu i , ....... . tiii t i:tuti i, 1c > ;i t '. ..i ..I . i li' .tiict 11.- nl 11, t*". .it, | . . . : hi it - .mi. i i , th.iii t!.c j ovarii tu nts cru&tcd by tbo cotmtitutlohB of t tin in. i ... i . i. isl:vi", j iivut v - and .1 uil'i mi\ IV; iiitinntH, It : I'UVuii"', lik? tlicm, ilrv. i iMiiu uii-l j i in< . and liko them it has at comtnan 1 ;i ^ li\ ii .:11 iircc tor mm* dr. ; the jiowora j , jiiiiiidt. I to it ' ] t It wa.-i : i U'd to K.i j crpetual, an ! not j , ? in .i'diu;.! t ;.t lii |i! .i.Miro o! any one oi ^ n c- ii.iM'iii'.' ji.ui s i'in-ulil nrtii'Sfs , ft- nlc'Ii .a* ini \i.. i mill. Articled of!, . > 1 1' : ' iv ... ... > >1.1 i i i'i|irium > liltill In' , ,v. :i tli> :> .mi !?;. tho i..i!? Arti- | lo il i? fxpii .sly <loclan?l that * the arti ' lo.i ut'tlii.i ii 'K'ration .slia'.l bo 111 viota-'t L?ly observed by every Slate, and the l'uit>ii shall be perpetual." 1'he preiuablc to ttie (Constitution of the I'nited States, having express reference to the articles of con federal ion, recites that it was establish'J " in order to form a more perfect I'nion." And yet it is contended that this " n.orc perfect I'iiion" does not include the essential attribute of pvrpetuity. I>ut that the f'liion was designed to be perpetual appears eonelusively from the inure und extent of the powers conferred >y the Constitution on the Federal (Jov'rumciit. 'I hese powers embrace the very ii^hcst attributes of national sovereignty. I hey place both the swotd and the purse iinler it* control. Conjure.-* has power to nake war. ami to to make peace j to raise Hid SUIIlilll"! :irilli??M vi..u n?nl In iw-.n_ II ' ?o ?? rlii'le tientics with foreign t iovernnient?. t is invested w ith th? |K>wor tocoiumoney, aid to regulate the value thereof, antl to emulate coinuicrcc with foreign out ions, 11 d among the several States. It is not "i iceessary to enumerate the other high >ow<-rs which have been conferred uponij he l\ i,.m| t iovi riuiietit. In order to eurV the enumerated powers into cfTect, Cotijre-is jio.s-ts-.es the exclusive right to la}' ml collect duties on inijiort* and in eouinun with the States to lay and collect .11 other taxes. Hut the constitution not only conferred hose high powers upon Congress, but it i i is adopted effeetuai means to restrain the i ;ates IVoiii interfering with their exercise, 'or that j.uipose it has, in strong prohib'or\ language, expressly declared that "no date shall enter into a"y treaty, alliance, r confederation ; grant letteisof martjuc ml r< ; ri-sil ; coin money ; emit bills of ere lit; make anything but gold and silver oiii a tender in payiucntof debts; jiass any nil of at ainder, ?x ]><>*' law, or law mpairiiig the obligation of contracts." dorcover, "without the consent of Conn ss no State shall lay any imposts or dues on an\ imports or exjiorts, except what nay be absolutely necessary for executing 1 ts inspection laws;" and if they exceed hi- amount, the execs- shall belong to the i nited Suites. And u no .Suite shall, without the consent f Congress, lay any tonnage, keep troops, ir ships of war, in time of peace ; enter in- i o any agreement or compact with another date, or with a foreign jiower ; or engage n war, utiles actually invaded, or in such tnniinent danger as will not admit to delay.' In order still further to secure the unnti rrupted exercise of these high powers gainst State interposition, it is provided i that this Constitution and the laws of the "nited States which shall be made in peruunce thereof; and all treaties made, or vhieh shall be made, under tnc authority i if the I'nited States, shall be the supreme or of the land; and the judges in every date shall be bound thereby, anything in lie (Constitution or laws of any 'date to the jontrary not wit h>tn tiding." The solemn sanction of religion has iccn r upgraded to the obligations of oflii.il duty, and all Senators and I-epresena'ivc of tbe I oiled State.', all members of 'tale i legislatures, and all executive and odiciul otlicers, "both of the ' nited Stales iin! of the several Suites, shall be lauindby ?.ith or affirmation to upj?ort this Contitution.'' .1 order to carry into effect these powers, lie Constitution has established a perfect o.vcrnnte.it in all it- forms, legislative, '.xeeutive, tnd .Indicia! ; and this (jovern . .. , ?' ? .; < . i ;-i. i ui I la IXl .1 C7S, a CIS lit- | 11 lilt* : idivldual eitusens of ever;tatc, and cxici.o s its o'vu decree ! y the j i.,t :icv ol its own olitcers. in this respect | t ui .its entirely from the (internment) im.hr the old Confederation, w Inch was | iif.ne<! tj makim; requisitions on the rates in tin ir sovoreitfii character. Thin I ilt it in til-* discretion ol each whether to )J' y or refuse, an?l they oft n declined to oiuply with such re<j:v it ions, it thus n caine necessary, for the j ui jxise nj re- | novum tltis harrier, nnil " in order to form i more perfect I nioit," to establish a Gov- ' niiiient which eould act directly upon the eople, and execute its own laws without ' h<) intermediate agency ol'the States. This lis I.-en accoinplshcd by the Cousti.ution j i. the I nited States. In short, the tl >vernmerit crVated by the n-titu'iou, and deriving its authority roiii the sovereign people of each of the everal States, has preei?< ly the same riulit j o i \-crci.-e its p twer over the people of all . Iie-e Stat, s, in the enumerated eases, that . h o| them possesses over subjects not ?e|i" d"n t the i nited States as; ion !i a i art of the Coii'titutinn of ouch j ' .! '. and i- as bin lint; upon its ]x nplc. > is '.l.<?ti.;!i it hud been textu.iHy inserted herein. fliia Cnvcrntnent, thereloro, is a jtreat ii I p..?\?i;;!nl Government, invested with :. the attribute* of sovereignty over the! p. i inl subjects to wl.ieh its authority oX* .. . . t | XL . ll< > I iU 1111,t ir its ImAion tin* needs ot its own I I i ^ i, hi. i. ?r were thov it its creation n..iv ??l providing f??r its oivii dissolution. 1. w?s not intended liy its trainers to be he kit fit1" fabric . ! a vi>i in which, nt tin* I ma i. <>. the enchanter. would vanish into] I:.: i , i .It ft Suh .initial Olid mighty fab-j ic, Mj. : !i ol" resisting the slow decay ofj ime and of defying th" storms i 1" a res i i v 1. well may the j, loan patriots ot h it day have indulged fears that a gov i iiineiit of such high p overs mi:;lit violate he reserved rights of the Slates, and visely did they ndopl the rule of a strict *on.?tn? tion of these powers to prevent the htn u*. llut they dt 1 not I ear, ti??r had liev any n?ason to iiuucine, that the Coiiaitution Would over he so interpreted as to nahlo any State,\?y her own net,and with>ut the consent of her sister States, to ?lis harge her neonle from nil or any of their Kedoiul obligation*. It may be asked, then, arc tho people of 1 43* .? ?' * uu ? uucs NTiuioui rcarcst ogamM the Ij- ' v ^ runny and oppression of the Federal (JcV- fl eminent'( Dy no means. The right ofieK "fjl sisteuce on tlic part of the governed agaii at - V the oppression of their governments tan-.jfj not he denied. It exists in cjiendeutly o? 29 all constitutions, and lias been cXtreind^^H at all j eruwJs ol tbc world's history. Un-*!H der it old governments Lave been destroy- -I cd, and new ones have token their place. ja It is embodied strong and ez,<r?F8 language '31 in our own Declaration of 1 nd? p< i.d< I Jut the distinction must cvir he observed, 1 that this is revolution against ai^istablish- 1 ed Government, and not a voluntarily secession from it by virtue of an inherent wuouiuiii'inii in eiusiVf Hi uo im the danger fairly in the face: Fecewim is neither more . or less than revolution. . It way not be a justifiable revolution, but still it is rev 'lution. What, in (lie tu< intime, is the re?>poi>i- * bilifcy and true position of the Executive f lie is bound by solemn oath, before God and the country, " to take care that the laws be faithfu'ly executed," and trom this obligation he cannot be absolved by any human power. But what if the performative of this duty, in whole or part, has < been rendered impracticable by events ore r * which he could have exercised no control ? ,.1 Such, at the present moment, is the case throughout the State of South Carolina, so far as the laws of the 1'nited States to secure the administration of jut lice by nicaus j of the Federal Judiciary are concerned. . All the Federal officers within its limits, , through w hose agency alone these laws ran be carried into execution, have already resigned. We no longer have a District I udge, a District Attorney, or a Marshal, in South Carolina. In tact, tlic whole machinery of the Federal Government, J necessary for the distribution ol remedial justice among the people, has been d? moli.-he<l; and it would be difficult, if uot impossible, to replace it. The only acts of Congress on the statutebook. bearing upon this subject are those of the 28 February, 17U5, and 3d Maich, 18U7. These authorized the President, after he shall have ascertained that the Marshal, with his jhism'romi'tutUf, 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 liiiu in performing this service, having lirst by proclamation, commanded the insurgents 'to disperse and retire peaceably to their respective abode, witliiu a limited time.'* This duty cannot, by possibility, be performed in aFtatc where no judicial authority exists to issue process, and where there is no Marshal to execute it, and where even if there were such an officer, the entire population would constitute one solid combination tcrresist him. The hare enumeration of these provisions proves how inadequate they arc without lurmer legislation to overcome a united opposition in a single i?tute, not to speak of other States, who may place themselves in n similar attitude. Congress alone has power to decide whether the p?rcsent lawa can. or cannot be amended so as to carry out more effectually the objects of the Constitution. The same insuperable obstacles do not lie in the way of executiug the laws lor the collection of the customs. The revenue still continues to be eolheted, as heretofore, at the custom-house in Charleston; and should the Collector unfortunately resign, a successor may he appointed |y perform* his duty. Then in regard to the property of the Cnited States in South Carolina. This has has been purchased for a fair equivalent, "l?v the consent of the Legislature of the State," "for the erection of forts, magazine., arsenals,," Ac., and over these the authority " to exercise exclusive legislatii?ii" has been expressly granted I y the Constitution to Congress. It is not belieyed that any attempt will ic made to expel the Cnited States from this property by force; but it in (his 1 should prove to ho mistaken, the olhecr in command of the forts has received orders to act strictly on the defensive. In such a contingency, the responsibility for consequences would rightfully rest upon the heads of the assailants. Apt irt from the execution of the laws, so far us this may be practicable, tlie Kxccutive has no authority tu decide what >hu!l he the relations between the Federal (rovernmeiit and South Carolina. He has Ik ii invested with no such discretion. Ilo 1" ssesses no power to change the relations ii'-retolore existing between them, much le. s to acknowledge tlio independence of tb.it State. This world be to invest a mere tixecutire tfHeer with the power of recognizing the tiissolntion of the Confederacy among our thirty-three sovereign States ? It bears no resemblance to the recognition of a foreign j'< < fu (iovirnmrnt. involring no such responsibility. Any uiieinpt t., tb tki. H.Mil.l k:-' ? e-j VM IIU) |?UI i, UU #a UUK.CU art of us Ufa I ion. it is, therefor-, my duty to submit to Congress the whole question in all its bearings. The course of events i~ ?> rapidly hastening forward, that the emergency tiiav soon arise, when you may be railed upon to deride the momentous question whether you possess the power, by loreo of arms, to compel a State to remain in the I'nion. 1 should feel myself recreant to my duty were 1 not to express an opinion ou this important subject. The qttc>tioit, fairly stated, is: Has the Constitution delegated to Cui gre-s tho power to coerce a State into submission which is attempting to withdraw, or has actually withdrawn trout the Oiinfcdoopv f 1 f mattered in the affirmative, it must be on the principle that the power has been conferred upon Congress to declare and to make war against a State. After much serious reflection 1 have arrived at the conclusion that no such power has been delegated to Congress or to rnj other department td the Federal Government It is manifest, upon inspection of the Constitution, that this is not among the specific and enumerated powers granted to Congress ; and it is equal apparent that its exerciso J

Historical Newspapers of South Carolina

The Carolina Spartan. (Spartanburg, S.C.) 1852-1896, December 13, 1860, Image 1