Historical Newspapers of South Carolina

THE CAROLINA SPARTAN.! W>i. 11. TRiM3iiiin, J noted to Southern itifllits, i'oliticr., UnvieuUure, and #U?rUany. $2 i>ku Aiv?fUM. J VOL. XV11. SPARTANBURG, S. THURSDAY, DIX'lvM HER IH, 1800. NO. 41. Jj She &aroliua Spartan. I Prioo, Two Dollars per annum, in ndmnce, ? r 9'i .50 at tho end of the your. If not paid until after the year expiree ?3.00. Ho subscription taken for less than six months. ' Money may be remitted through postmasters at our risk. Job work of al! kinds promptly executed. Blanks, Law and Equity, continually on hand, vr printed to ordor. ' The LeglMlature. In tho Senate, on Tuesday, tho following discussion took place on a hill from the House to establish a Hoard of Ordnance and Ordnance Huronu : I?ir. nettling movcU to strike out tho Words " appointed by tho Governor," nini Went on togivc his reasons lor making tho j motion. lie was opposed to making the ; the Governor the appointing power, nutl thereby virtually making him the Ordnance Bureau. He desired to he understood as net expressing any fear as regards i the action of the gentleman who now (ills Or who may bo selected to fill the Kxccu- j tive Chair during the coming two years.! As the bill now stood, the Governor up pointed the Board, and tin; Board, with the Governor, the ordnance officer, and liereally thought that if the Hoard was select cd by the Legislature, there would he a better chance of getting gentlemen of wisdom and intelligence. Should the hill pass as j reported, we, of course, make the Governor the Ordnance Board. Mr. Mazyck said tin- Ordnance officer Was not yet provirl*.) fur ||y would siig gest to the gentlemen IVoin Si 1..,^,. . , \| Kicklittg) that if the word "three were Stricken out in the filth line, and "one' in sorted, the diificulty would he overcome 1 The Governor then would have only ou> lueuiber of the Board to :ij>p int. 11. change would also have the g >o i ? :!' : <>i redtteoig the number of (lie il.uid, as a | ,^ number of Senators think six eeti . lv to., r latgc a number to compose the Board \ Wliear constituted, the Board w oil.I be an 1 executive and not a d* liherntive body, and the less number of pviuns composing it the be-tor. .Mr. Alston moved to amend so as to make the three members of tho Board appointed by the Governor and Adjutant General. Mr. Moses asked lmw it would 1 if tin Governor and Adjutant t inner i eou d noi agree. Mr. Cannon moved that the l ili be re ] committed to the Military Committee. We were drifting into the same difficulty ex-j pericnced when this hill w.;-. uud- r cousivleratioti last week. At every st p matters j appeared to In come more tangled. Mr. Illicit hoped t! e triciids of the hill would in.ike a stun I and pass it at once It'these continue ! motions to postpone, t?? amend, or to adjourn were to I> sprung on every occus.on, the Irii nd.s ol tin: m<nsuie had belt-r give up at once. the ohj. cations raised to poriions of tin- bill were captious, and should not have the cll'eot ot swerving its friends for a moui -nr. This is no time for trifling. It becomes us to prepare for the coining crisis. After other amendments fail now we have one evi dently intended to veto the Governor by the Y-ue of the Adjutant General. he then referred to the action of the hegida ture in 1801, an asked Senators to only en quire how it Was that tin. State had now so in :ny cannon?how was it that there were guns of such large calibre now in t'liai lesion harbor? They u\.re procure-1 by the very ait of lS.ll, which gave the Govern or the assistance an<l advice or the v ry bust men in tli State. W bat nil I | bly be the objection to tlie Governor hav 4ng three gentlemen to help him.' lie .could not see why the number sliould be s .small. As far as lie was concerned, be Would prefer to have five gentlemen ap pointed to assist the Governor in doing the work, lie appealed to Senators to .cease their endeavors to amend the bill, lie desired t > see the State put :n a prop tCrst. le of defence at once, and he was readyto take the bill as it come from the House, and pass it through this body wiJnmt altering a line. Mr. Fielding desired to be understood 4is offering no captious opposition to the bill. He was as earnestly in favor of it a .any gentleman 111 the oenute, and would also vote for it without altering a word or xi letter; but when a bill like this cotues before us, it is our duty as legislators to perfect it as much as possible. 11 < amendment 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 had not the least objection to making the Governor the enlire Ordnance Department, but it hud never been the policy of the State to put the power of appointment in the hands of *1MJ GovC-r,,or> a,l<l (-""Id see no reason why it should L/d done now. By making <the appoint OH ut?, the j.t^i-datnre holds a (Wholesome restraint go lito uiile,s ) (( (-' .have checks and buiuu< < > on them. i> these gentlemen are to be appoint i uo i Jy as adviser* of the Governor, cannot that functionary call on every gentleman i State for advice ; ami it so, ithy in;-!, tie boa''(J so large. The result ol -tin i. ; ... :t .now stands, was to make the G<<.\ . ur tlv Board, and for this lea on he wonid like t>; SCO it changed, but not at the hazard of defeating the bi'l. lie was perfectly wil ling taut iiiu worn three -l.ouii he -Atriekuii out. and to have fli Hoard c. n-ist of the Governor, Adjutant Gem ral, and Ordnance officer Mr. L'anuon said that, ut the risk of !? ing considered caption.-:, ho intended to speak his mind on the subject, lie was opposed to this hnsti?this passage of iuiportaut hills without having them duly considered. It was hotter, far bet? r, to p?i?s no bills whatever, than to pass inca* ana that will have to bo reconsiders on Account of their iiuporfectness. '! wnperfcetly aware of the crisis the State Approaching,and for this reason he desired U) ?ee these important hills put in proper shape. There was no Senator who would go further, or who would do more for the State, than he would ; but whatever was done, he desired to see done properly. Mr. Khett rose to explain. In speaking 1 of captious opposition, he meant what he considered direct opposition to the hill, lie desired Senators to look at the city of, j Charleston ; there they would find eight of 1 Jjie largest class I'aixun guns that had been I procured in other sections of the country i by a board of gentlemen who had left the < State for that very purpose. Messrs-. J>ray- | i tun, Jones, Martin and others of this Hoard, ! I weut and bought these guns?those very l guns that may perhaj s l?e u-cd in taking I the turtsjn Charleston harbor. Now, all i know that it is an assu;: ed fact, hut the speak.. was not uno who believed in it, i that the (lovernor cuuhl not leave the State J (luring his term of ofiioe, and what possi- 1 hie objection could there be to gentlemen of standing and ability performing the I service, par icularly when they served for 1 < nothing. He read the Act of 1851, tut- I dcr which these very I'aixan guns were purchased in Virginia. If (lovernor, is i str'nkmi out, tli.it functionory will be just 1 where he is now?no hi tter nor no worse ; i but leave it as it is, and lie would guaran- t tee that the ( lovernor would have good and I true men around hint ; sonio, pcrliaps. i that were even now in the employ of the t 1 trite 1 St tes (lovernmcut. I Mr. Cannon was willing so to ametiil hi- i motion as to make the committee report i I to-morrow. All he wanted was to rcoou- 1 ?' !" .,'?<? bring together the different views ? entertained , ' M. <:... 1,11 iiO|*:d there would lu' IIO { < postponement. 'l ie ( oinmiltie could pre- i si hi t he Sriiati with no new light whateVi 'on ( ; the subject. ; ; Mr. I n kling withdrew his motiow, ex- 1 piv--ing hin. eii a- fully .iti.-lied with tin . < \] ! ilia.i ii ol the gciitl. .iaii lloui St. I lei- I ci kil. _ ] 1 Mr.Aiai-li.ill reiiiarkcd that 11 time for j < action had arrived. 1 f we are to do any*) i thing, said he, now or UC or is the time to i do it. 'I lie LegiMature must ai t. As a ; member ot tlie Military Committee," lie j would hav<; been a limed to make a re- : p. rt ii the subjects u fcrtid to that 1'oinmittcc at the ilxlr.i Si.-.-ion, h id he n t thought that the le gislature won. 1 h.r. 1 acted pro.n; tly < n them, ami the State p. Mttly h.r. i air I t h in out. '1 he bill | < beioicthc S> note possibly mav not he a.-J . < ir< ct and proper as it mi lit !.? ; we mus' [ not 1 >.. at minor defects, hut take it a- a 1 I w hole as a measure calculated to support j the S.ate in the coining emergency. The nly change that he wort' l de-ire to m-o . maite tli t the ordnance dejiartiueiit 1'C nr.de s pa rate and distinct Iroin all ot liars. A11 the cannon, guns, equipments and machinery of war should he under the i xclusive control of this department. The 1 uit' d States Ordnance I hpal tinent had I been gotten up in IS.'U by such, men a-', Scott anil Macomb, and their judgment dictated that all tin' stores and munitions ol the arm should he under its control. In the very last campaign of the I nitcd Slates troops in a foreign land, (Seueral Seott had instituted an Ordnance Departincnt and put over it a Lieutenant Colonel; and in making his selection from the gallant spirits around him, ho selected one that every Carolinian loved to honor?the brave linger. In this our first Men, wo slum 1 1 t ike a lesson from '.lie ev wieace of others. lie .-'ijj -t 1 that pi ibly the i hill might he more acceptable if in ii-'U ol' i lour j ? ! :iii- tlie'.)rditalic.' Dour 1 < a.-i-t >i . at oh net, a l.ii uti nali' ' < ! lul. and a .da I'll , 'o '.< elect, 1 I v till' !. ' ! itlire alld the <iota vi:..r, ! I ii ijl'i't i'resi dent ul | the I?_?;ti?I. Mr. Cannon withdraw his niot'.en to rej commit. I lm suggestion ot the .S nator Ironi Abbeville hum his views precisely. Mr. Bryan <! -ire.I to know whether these officers were to he taken from the regular ' militia now in existence, or lrum the force to he raised. ^ Mr. Marshall was perfectly willing to to leave that to the Lcgi-lature. Had he ] the power, he would take them Irom South t'aroliniuns now in the Lnited . 'tales Arun. Mr. Bryan remarked that the officers named were of a certain t ank, and of course they would have to be taken from among those now holding those ranks in the State. ' Mr. Mazvck suggested that the officers ho striekon out and three persons inserted. Mr. Marshall would he willing to that, provided that after the three persons were appointed they should rank as Color.' I, l/ieii- 1 tenant Colonel and Major. Mr iLirlington suggested that the hoard consist of the governor, a ('oiom l, a Lieutenant ? 'olon .'l and a M ajor, anil that the offi\ e?ra |?e appointed hv the (lov or. Mr. Bryan remarked ih.it it was i: portsnt te? i>e umlcr-too-1 that the parlies elec1 ted or appointed, are to have sp? died salaj rie.s. Mr. Illicit said that the dchalo that had taken place on t! Is important hill had saljslied him that t..c ('oiiimitt.-e had faith hilly performed their duty. They <*? 1 tnin! K mi.il -t . m 111 I I! e?v ifi.iiO* lmt if vrr ii deliberative L>u ' was in n fug, t! < body w.is in ono now. The oliK'mv i ;inpe inli: < 1: I ;:?i;< < llo.ipl sin: I ervu lor nofbi 1 ' nato;- ilt iro tlioy shall h til iii 1 (ho (>'tl< . ' (J iii - t ill hi Ity till' Legislature. Make it >o, and you', will Kave naught but mean men coming , hol t to sulieit your vote; no gentleman, no | hononhle man, won 11 he found coining ln retoa.sk or a position. x? d. it so, ami j i you will have th ; wu? t kind ofuieu tilling, the most responsible position in the State, i ft,r the simple r? -on that im hoijoiuhle inan j will seek it '11.is thing is only temporary | It Canrit/. 1. t long. South Carolina ami the nthe; South ni St.o. will soon have iiii army of their own ?an army on thoj i,auic loot i ii j* with that oi'tho I lifted States, lie s;iii| we are ealie 1 a small State $n<l a smaller people, ami, if this debute euntinues mm li longer, wo shall I e looked upon ' hh being engaged in a small business, lie hoped the people would he larger, and the State more itowerful ere lnn ? J O' 40 EXTRACTS FRON THE PRESIDENT'S HESS 1 HE. t'flhur-Ctiiz, im of l/ir Sctiil'i: <tu>! //"iirr of /?'<y?/rtenittiices : Throughout the year, since our last meeting, the country has been eminently j?r? spcrous in all its juatcrial interests. The general health has been excellent, our harvests have been abundant, and pleuty smiles throughout the land. Our coiuiueree and manufactures have been prosecuted with energy and industry, ami have yielded fair rod ample returns. In short, no nation in the tide of time has over presented a spec'nolo ill trroaf.'!* Ili.*iti>rinl tiriiurtoritv lh?n ? ? liavo doue until within a very recent pciod. Why is it, then, that discontent now so intensively prevails, and the I ni< n of the States, which is the source ol all these dessings, is threatened with destruction ? l'he long-continued and intemperate intere. once of the Northern people with the (uestion of slavery in the Southern States lias a length produced its natural effects, l'he different sections ol thc I'nion are now irrayed against each other, and the time lias arrived, so much dreaded hy the l'ath?r ol' his t'uuutry, when hostile geoeraj hi al parlies have heen formed. 1 have long oresccu and oHcn forewarned my countrymen of the now iinpendiug dang ?r This Iocs not proceed solely IV >111 the eluitu mi lie part < 1 ('ongvess or the Territoi ial I. gislatures to exel tic slavery from the Territories, nor Iroiii the ellorts of dill* rent states to defeat tliccxccution of the fugitive dave law. All or any of these evils might liave been endured by the South without linger to the In ion, (us others have been,) in the hope that time ami rcllection might ipniy the remedy. The innnediate peril irises, not so much I'rom these oait-es. as Iroiu tie* lit -t that the incessant .nelxulUut igitatii>11 ol the slavery <|uestion t hroughont 1.1. North lor the last >|iiui tor ol .1 c< liinry, lias at length produced its malign iiiHueiiec >n the slaves, and inspired them with vague notions ol freedom, llcnce a sense 01 security no longer exists around tin: family utar. l itis teeling of peace at home lias given pla > to apprehensions ol'-.rviie iusuriceiiou. Many a matron thiuughout the South let ires at night in dread ot what uiay befall het'si It and her children heiore the morning, ."should this apprehension of domestic dun gcr, whether real or imaginary, extendi d and intensity itself until it shall pervade the r.ia>- s of the Southot n people, then disunion will become inevitable. Selfpreservation is the tirst law of nature, ami ha.- he. n implanted in the heart of man, b\ his Creator, for the wisest purpose; and no political union, however fraught wi;h blessings and benefits in nil other respects, eau I'l ?111 1 ll !!<? i ft* f 11 Hi I'.-ws-ilM . niwi ..ll.iluo. O ~J - be to render die homes an I li res ides ol netifls halt'the jai tics to it habitually nud hojK.!t.>sly insecure. Sooner or later the boudsoi such a Cnion must be severe I. It is uiy conviction that this fatal j.oru lias not y t arrived; and my prayer to Cod i.> that lie would jiroscrvo the Constitution and the I nion throughout ail e- i.erntiou.-. lint let us take warning in time, : ! !? uiove the cause of danger. Itcuiuio Le < nitd that, lor live and twenty years, agitation at the North against slavery i ithe 0 n .r South has been incessant. In 1 JO, j . torial baud-bills, and inilamiuatory appeals, were circulated extensively throughout the South, of a character to excite the pa- ions of the slave* ; and,in tin- l.iii^na_- ol <ii i oral Jackson, "to iinulate th in t > in*Mrrcct.on, and j?r. hue all tin horror ol a mm vile war. This a itation has ev. r-inc< Ii ii coiitiuu 1 by tin jail lie jm 1 v I'locerdiii.1 > < ; State and County Coin ntiuns, and by Abolition -eii.u-i. tool , lures. '1 In- t.ine ol Con ss h. In i u >ecupiud in vi lent sjieei lie-s on this mveti tiding Mihjeet; and aj'j als iti puuinhlc' and other tonus, endorsed by distinguished iiiiiiu>,liavc been sent forth from thi.-> central point, and sjire-d broad-east over the 1 nion. llow* ct. y would it be fur the American people to th ihe-!avery <|ue>tfon forever, and to r< store jtjaee tind hafuiony to the ii -traded country. 1 hey, nod liny tilolie, call do ii All th it is necessary io ticr uuj li li the object, and ail for which the slave Slates have ever contended, is to be let alone, and permitU d to tuanugc their domestic institutions in their ow n wav. As sovereign States, tiiey, and they alone, are resjonstble before thai and the v orld lor the slavery existing aiiiono them. l-'or this, the peojde of the North arc not more rcsjtonnible, and have no more ri^lit toil, rtere, than with similar itisiituti ins in Hit a i r Hruzil. i t on t' eir i sense und patri 'tie forbearance 1 - hi less 1 'til create, rely. With" it their aid it is I yoi I the power of.my C ' at, ii" mailer wl at taay he !.1 own political i Melivitie.-, to r -I re peine : nd harim tr anion" the States. Wisely limite ! and r strained as is his power, under our Constitution and law.-, lie alone can accomplish but little, for ?roo<l or for evil, on such a m "in ntous question. And this br.ngs nie t" oh-ervo tl .t .he election of any one ol our lellow-eiti.i' ;i.< t" the i.fin ' i f I're !e:r '? ? not of i el! a lord just cause In* ?'v io; the I nion. This is tnoro l llo J. !OJ ! . :?11 I li.. IVeuiln i I rum il lusion in I : 1 u v < .t; o.-> H'hitili hi iv pr hal>!\ n vvr a^ain innr. In order i'i justify a n?>rt to i ovoluiionary i f-istunCf, the federal C >veiu: unit must guilty ol '"it It'libi rati;, paipahlr. .ml Ian J_r? !i-ll I'Xfl f lKv ' of ji'/Wi I S liot ur I : ? by tin- Constitution. J'ho !. to pivsitlrnii.il election, however, bus bun held in strict conformity with jf-, expr* * provisions IJovv, li. it if.m the i 0ult justify a rrv tin tion 1. <1 .-Troy this very Constitution? I'ra soil, ju;tire, a reyunl for tin Constitution, all require tlnit ',vo ?d< dl wait for .-one ovi.it uinl t]an;^crnu.H act on tIn pi.rtofth IVtuiilent *l? t before r > itii , remedy. It i.- -mid. however. that the Mil. .. nr. of the Pri'si'lent eloct h:ivo I < u autUcitiiii to justify the fours of the S?utli that In will attempt to invade t!i< ir constitutional rights. Hut arc such apprehensions of coii'iiigcnt danger in the future sullicient to justify the immediate destruction of the nohh st system of government ever devised by morla's '{ From the very nature of his office, and its high responsibilities, lie must necessarily he conservative. I he stern duty of administering. the vast and complicated concerns of this (iovernmcnt a Holds in itself a guarantee that he will not attempt any violation of a clear constitutional ril'ht M'ler :il) lio nn ?l 11... chief executive officer of the (iovcrnnicnt. His province is not to make, hut to execute the laws; ami it is a remarkable fact in our history that, notwithstanding the repeated effort* of the ; i?fi -l ivery naiiy, no .-in^le act has ever passed t'niicre-.*, u iles* we may pos-ihly except tlu* Missouri ('oinpromise, impairing, in the sli"hte t decree, the rights of the South to their proper*j in slaves. \nd it may also be observed, judj:iuj? from pre - -nt imlicatiotis, 1 that no probability exi-t ?.f *!ie i>n .* ?;?< of I such an act, by a majority of both I'm: . either in the present or th ivxt C?*c n -* Surely, under these eir-unisfao-e,, nu;_;ht to he tv.-ttaiued 1 in j . ent aeS n by the j r.cept of lliui who : - m \ r man spoke, t! ?t " s dlieieiit unto the day :< the evil the: 1. The day of evil ay lic\ r eoine. unit - we shall r.i-hiy Liin.r it upon out !\ i . It i alloi'o 1 .. ne cm; e (' r i?.;ni?V ?te sec ?si that th" S estht ill Si - : i ' t.i* ?i eettal ri'di's wit!: the ot! r . :t? ' a the common ferrit e e>. Ilut hy what authority are these <?< :ii? d .' Not hy (" | "res*, which. itcV'-r ; 1. a; 1 I I , ourt, which has solemnly ; decided that slaws are ns e- rty. n i, l.l.e all other |u j rty, t.i .,.\u htivc a 1 riyht to tak them into the uiinou 'fcrriI lories, and luiid t!i in th-re under 'ho proi ti etion of the t.'o!i*titution. ! So far, '!i4*n, as (' n i eiecrned. the o! jectiti'n i* ma t . ; i y t i?'?11 _r tiny haw lone, hut 141 w 111L they may do hevealter It will surely he a liniiit 1 tli th apjiri*| hen-ion iif future d.iii;_?*r i- :u 1 reason j for an iniiin liate di*->hr: ii in'the I nioti. It is true tli it tin Territorial L< ^i&luturc : of Kansas, on th 1 ot' I hiua *y, I St id. pas.-1 1 in on*at \> i.-1.* ati act, ov r the : > of the <(ovei'lt ir, declaring that -1 i an l shall lx\ f *re\ei ]r. .lid i 1 in th: Torritory." S ich an uct, lu>? *. * . plan : violating !' njits i f property i ! ' v the Const: it io'i. will surely h 'a Void hv 111 . -iary W helleVi r it .-had 1 . presentc ii. . .1 irui. I ()li!v tin - a If r mv in . nt if 14 ?i I . the Supreme 1 ?irt of 11. I . I r solemnly a 'ji: I .red tii :t t!i < ? v . <1! 1 n : exist iu :i 'IV.; it. trial 1. :. .. i r; i r. . \\t such has In n tier In :< tup r i tin times tliut i i - i ill.- .i. ilnts been ive.y tmpttpu 1 before* the people, fit > lie pi -?! ? ? !. > veil ri?e to U!ii;i \ : o it.!, i t-s t i !i. <t ll:. ! c .iittr w 1: i h.tn s! J-. nil ' tl ;m 1 -.it .: >!'oe.r ii' lit ; i. .tin! ! ti' > i t t ,?ijin . 1 - v :.! !. it th y could, invent n '!' rit trit 1 ' !. turd with ] .ver* ntr.ul 1 ? i r l?t " { ct y. v - < : ; e ; ly lorb: l l? n 1 v iIt- I . brl < t > r:;ei i '1-.viy t. !- u it':: in tin I . it. n is lot It it; I v its ov. i tut. ?n to ext - ' ' t. !t u::.'.i 1 c-ed .a any .'late * by ti t th if ! iu!i? t v< . e . . v. t. !': :::i : :n 1 tie i." ' r ' ?ti ? i . to n in . i i ! \ r cificd by Ui pc pic of n Territory re] 11> i to n i >i.t !' <1 !< .; ? r It ]') : .tinilt ' ' it tr :] . - I I", tory to in.mi..- .i ii n . .;r into tii<r ? inoti. Tlieit, r.nd not 'inti: :i; they iriv. . : i with | over to ih . : :'.i .> ~ti<-n win*! r sl.ivtn s'iri'.l or !.... \ t ? i t within t*i. limits. This is nn -t ol' .soverei_'ti nuthority, nud i. : ? ; suhor din .to I". n itorinl 1< islntioti. Were it oth? iwise. tit n, ind-nnl, wotihl tin- equality ol the ' - in the Territories he de?trovi 1. :ui<! t: ii hts ol |iro]?-rty in sl.iVes would *1 ti 1 t:o? 11[ n the otmrnlltei s ol the t' m tup Ml, i> it upon the shitting nnj riiies ol on irr p n sihlo Territoii.il l.-uM-'.iture. Su-h :i <1 trine, iVotti its intnn>ir uiioundiii s, e.ni not loin; iniliieneo :in\ eonsid- r.ihli portion i ol' our peop'o, much 1 -? enti it niio;.l a good reason ; r a it - dutioti o? the I ni >n The most p ilpnhlc violnt: n? < onshlu lion: 1 duty w! . h ' ive y t 5 -tic .miiit I consists in tii t of d'lffl nt St it : ; islaturce to I.-1.- it the execution of the ! fugitive .iuvc I . '. It ought to be reiutui ,: l 1, h i . . 1. !' . !. I'i :i. i. . any r- i * !i ! 1'ri n i' ' ' . ' . \ ioint. i : : ' ... . ' ar tl. . ': : : o ' i. . j built M,' : i 1 . ; . ! . e v: i .: ' ( utwti i I.a. .. . i), ha; 1'n in iiie i n is'.ii" ' 1 1 ., ;. . ? . .. i J ! i constant. . ! . v !:, n i tii.it > a v :;i \\ . ii , i.! litis I niA nil..' !i n ; I'd . ! the r? ] ? r -II. .! 1. in. w iiii it . i ;.??t . ? '. t! t..( . c. t> Vii-i ; > in.' . . im M .. ?. ii . .it. .: . i it} l.i .. ni inn D1 ' ' jritivo i ' v. id . . i .... ^ in oil'' Sta" to . ' . . . i- i U|>" to I r S.l V. I J Vision, it I ;t \v ii !> . II I ' that tli. <'oii-tinit.on it..:. . .ni l :: vi i Inno liet-u u<! '['t t l-y tU* < -i?v< . i m ' I one form "i an . ii r tin ! r .i> oi IT'.1 ? and Is.' l?"t!i 'm'mii/ i' <rr..;. v t! ' fngilivo ttlavn law has boon law o. tin la 1 lpnt. a- U h i ! n ii.' n\v!:, t" :t. : w, li \ i?. i- in ?>\< ii.ni. this n;v 1 .. t tin" mii! i< 11n_ I mcictiiMMit dl Siati- l.i ^isliilurt Shouhi ' ' he liiil in thi* j iiloruianco >t" this high ' duty, lie will tlion have manifested a disn'gard of the Constitution and laws, to the jjre.it injury of tin* people of nearly oneli.ill'ol the States of the I'uioti. 15ut are We to presume in advance that he will thus violate his duty i 'Ihis would beat war with every principle of justice and of Christian charity. Let us wait for the overt act. '1 tic f\tj?itive slave law has been carried into exeeution in every eontested ease since the commencement of the present administration; though often, it is to he regretted, with oreat. loss and inconvniieuee to the master, and with considerable expense to tit.' (ioveroment. Let us trust that tho State Legislatures will repeal th ir uncon-iitutionnl and obnoxious j i * l -ri o i i ? mers mis snail uu oone without nnneee ai v delay, it is impo-sib'" lor any human power to save the I nion. The Soitheni States, standing 0:1 the l>; i* of t he ('onstitution, have a to iletna i*tl this act of justice tiom the States j of tlie North. ShouM i? he refused, tin n ' the t '< 11-t itut '"ti, to xv hi ill all the S'-r.'.es j ; : rti , will l ave, heen wi 1 fill'y vi< d i , o portion < f thetn in a provision < ? - ti 1 to tee iii oj! -tie security titol happit 1 .u i coestit iti' .? I Mentis toob'ain retire -. t.l ' i.efi ied in r< volntionary r< - ? t-i*? i th (' >.> ameiit ol t he I niuii. i 1 1 ive pt'.t j ly c iitue <1 thv remarks j ' > : v >!i; e e r>.. a nee. because it has j ! ii el. inn: ' v.it! in the la t few year*. ..t as.y i wlien ' r th'.< shall be it - i * ivr, i-Mt wt'l :n: ! pK aire may h<1 from I .:: >ii. i> a eor?l.?n"e with the t'olisti t ni- n, an ! wit ho t: an? viola ion of the constitutional r .;lit> of the otlter uiemh. rs of the l tife'leraey. l it it as eaeli bee.'tne j l.art.e t ' h? 1 re m hv the vote nf iu...ni i i j : :i?- i in ('onveuti <n, so uii\ ui tlii-iu Miry retire limn iiie I'tiimi in a i:i:i 1 .r inuri r by tin- vote ol'.such a Con- i volition. In ur-li r to justify seee-slnn as a eoiisti ' tu'ioual remedy, it mu-t 1?; on the princi- j pie tliat tlio Federal t overiiineut is a im ru , \ limitary as- iciution ol y-tat<t < ?1 v- I od at pleasure by anyone of the contracting j pa ties. 11 tin- bo mi, the Confederacy is j a Mjn' <d' - nd, to be ] enetrated and dissolved by the tirst adverse wave ofpuolic opin' ion in any of the States. In this manner i our thirty-three Stabs may resolve themI - dves into as mr.n petty, jarring, and hus , t'.le Ilepublics, ..eh one retiring t'roui the .ii i, v,. limit responsibility when vcrany it11 I -11 ex-iteiuei t n.iuht impel then to .-iieli a course. liy tliis process a I nion nii^lit Le out rely broken into Imminent* in a ;e\v weeks which eost our tore fathers many v u:s of toil, j riv.iti<>n, and blood to i -tVd.sb. !i principle is wholly iucon "stent v h tli lust .ry as well as the character oi' i! i IV 1 id Coi toiition. Alter it was Iranii, \v ?ii i lie . rente-; deliberation and care . v< - :! i e..ii I to conventions oi'the pcop1 ? . tli -'.vei il .' 'ab's lor rutioeation.? t - j>: o\ ions were b. t tj.sst 1 at leup h in "in-, n n; I id' 'be >t men ot t! -c ItU OJ flit. iUtSCCTllC iJoti 11.tit . . . .. I powers ujio:i the i t*' r;.S <lovcmmeni hngerous to the rights of the Stat s, w" ii-t its :uivo?ut.* r.iai:itai.ic l: foundation lc" St.Ml . ppreli- ! J .-ions. In that mighty s rogglo between tin- li/st ::it 11 _-ct.s?.f" 11;i - or iu:v otl. T v jiitry, i* 11# -?-t I'Titrrto at: ' iadi .*:<!.?: I, . i ' a'.noiig o j* '.fit" nr vo . e:.', or even to intimate, t!..r their ? ii*.* \ .11 vain labor, bocatiiu the moment thxt any 8tnte lblt hoi It n^riovod, aho n:: I ' '. I 'll.' I a tie I V> hut a (. '.u ar Mil.'tit V. ! this ro,'.r?l aj? iust !;*. s wl !. t<1 that the .agist * . ;! ..: ( would bo ? : lanjjen 1 by the ' <ii Station. ':'li truth is, that it w *s not rutil i.. imv \. ! or the orir,:..i v!" the 1 t .l is inee.d It was then mot .? ?;? i It;!* ! !*\ llie c<>iu.lu->ivu areumeht ol'tien r ?1 -l.i 'Its.in, who in Ins lite-sage ot 1'itii J..11 1 ir , 1 I. tran-mittma the 1111Iliisiii. "nliii iiHo ??f Smith t'uiolmu t *t'on"inploys the following language: 1 In- :i .t :h j.?-??jili- i'u -inglu Slate t*? ~ 11 \ :linn-olvo- at will, an.I with ait ilt- ..t u| tin- ntli*T Stales, from their .1 '1 in la o:> i ;ili'>iis, aii<l luziri lii l.bi i ty ainl o| the tmlli #im imisi I tln> I inofi ca'iiuit he acknoM 1 Sij.-Ii authority i.-> i h< v< ! t ? ho utt? il\ r?unit, f?i?tfi t?? tin- j rinc j?!<. - Mi><>n wlui ii llio'i ni i'al < iovi i'iiu.c.it i> constitute I an<* - ' ;r> -13 I'.mh. a . j :> 1 . ?i t Ii. : iv c u. iu ( . ; :i M iv < < t" .?m !i t *! r !; . -t! - I- . 1 h a I?J >.i it i !i , "-ii i 1 : . < nta n . .11 tin- , . t . 1 j : 11 it clt, tut t..?i.i tile cii.11'a*.ot' tlr* si \. .! ! . -hi" - rati.. !. j'ut is it ! jn t . ; vr ; . a :'t uo, like uit indiviilauS, I t<? yi. 1-i n p .tiuii .?! *;: v. . .1 r tu i'i mum: !?*r' in the : m;*; ..? Mr. : 1 Itaon, Who has l? n enl*sd t!..! itI' tl. t :tut. 11 : " !' ?*.?! : :ii?- 1 i y t!.i St.'it 1 -1Ii i.i. v t!; } ' i # iv hi i .1 i. t t . ' iu'l 11 11 ll.t ir 1 1 !i?* .' it : i ip: i I ? tn : .jiiuiil. ' e >. t '' : v.!? <-i io.mcii t i. ? ' . ' i . . ; :.;n it i it< 1 . . i.t I '?? i -.:uti<i:i, lu a : . ..i ... iti - . t i icl ii di t he tci ;ii, V. .; I.: II t' . I 111 ill' it 1 jut'.. ?T . . t It.Ill 1liO t !nv. 1*11 <1 : . - i i .. .11.. 11. em : nt i.> ol tin: ' it..... I . V i.ii I ! , SlatO t In. Ill, a . ...... 'I 1 . . 11 I lyOj lixivutive ami.In.In i? v lh part men.-i, It IjnTnl , i.M' theill, ll I IjT oil j I--, .ns a Hi I t til ii* >, xi it* I li'.o theiu it has at et>iniiiau<l a phv . I i .:?ir i (ooutiiig tho power* .. '.itai.l I tn it. 1: w.i-* .! i I. u t.i lie jerjietir.il, an ! nut tn In aut.utii I at the jil. .t~ui ?* ot any one ol ihe C' Hirudin^ p u t. s Tin: oKl articles* i . nl* eniitvali rat mil \.\:\ i ntit U ' A rticlea ol' i Dull it ) at i >ii ttini i'evpctual 1 ninn bo: tile : ite.ij" an.lliy tho Kith Arti* | .1. it i-expre .*ly iloelare.l that "the arti i eled of this (.Vifoihration shall be inviola j bly observed by every State, and the I'u- rs i ion shall be perpetual." The prciuahle to er tfie Constitution of the United State*, hav- hi iu^ express reference to the article* of tli i confederation, recites that it wn* established " in order to foi tu a more perfect Union." al And yet it is contended that tHih 44 n.ore at perfect I 'nion" does not include the en*efl- dt lial attribute of perpetuity. cc l>ut that the Union wan designed to be It perpetual appear* conclusively from the no- in ; lure and extent of the power* conferred 1? by the CoUHtitution on the Federal tlov- tli I ernmcut. 'I hose powers embrace the very eti highest attributes of national sovereignty. cc ' I hey plaee both the Hwofltl and tho purse cc :m ine ?> ivornment oreatC'i by the (\ mtituf ioii, ami <1? riving its authority c 111'ill tin* sovereign people of each of tin- s! several Static. his j?ro'*i-i ly the same ripht , G t.i ? nitcUo its power over the people of all [ b !i< - .vt:it? s, in the enumerated cases, that p . !i o| 11.fin possesses over subjects not * h 1 i< : 1 to the ! nit <1 States hut " r<s 1' i v i t'i the States, rc. pectivcly, or to the t! . \n nolo." j h ' o (ho extent ol the 1 le.pnte?l powers u :lie '? ns'i it: >ii < t the J lilted States is lib j a lie:' li a i art of the Constitution of each j I . an I i> ^ hin Imp upon its p* ople. o as :l.i>i . li it tiuel Leeu u-xtuully inserted i' I therein. u l'hi.i Government, therefore, is n preut a >:. 1 > ? troveriiincnt, invested with a the attributes of soveruipnty over the 11 t. i i ll siihjee'.s ts> whieh its authority ox- * t>n!s. It. frame s ue\ r intended to ini- l' j ..'it in its lx*nui the .seeds of its own i " l.?- r ictim, i. >r were thov it its ereatu.n ? n..t v of provklinp for its own dissolution. 1 I. v is not intended hy its trumors to be r' tiie h.eeli'ss fabric 1 a visi >n which, at the 1 " tor.* u <?i tin.' enchanter. woulii vanish into] f ti. :i * at & suh.niitiid ami nullity fab- J' ri<\ Mj'-i lc of roi.-t.nc tliu slow decay of tline ami of def'yili ; tlm storms of a;:es. I In i'i 1, well may flic y .loos patriots of |' t!..it tla\ have Indulged fears that a ^r-'V ? ('. .iiiiciil of such hiiih j. over.-niinht violate u the reserved right- of the States, and I wisely did they adopt the rule of a strict o constriction of these power to prevent the j c daii' ef , lint they del not lear, nor had n they any mason to imagine, that the Con- j si stitntion would over be so interpreted as to c I enable, any State,by her own act,and with- g out the consent of her sister States, to dis n char ge her neoj.le front all or any of their n bed oral obligations. ti It may be asked, then, are the people of e 1 the States without redress against the tj- a turner ii.- control. t otigre.-s has power to tn make war, unJ to to make peace; to raise is ami .support armies ami navies, and to con- It elude treaties with foreign t iovcrnmenUs. ?t it is invested with the power to coin money, ami to regulate the value thereof, and to bi regulate commerce with foreign nations, II ai d among the several States, it is not an tietressjt ry to enumerate the other high la powers w! ich have been conferred upon | ob tli" l'( 'eial (joverimietit. I n order to ear- In ry the enumerated powers into effect, Coil- an gr.-- possesses the exclusive right to lay be and collect duties on impoits and in coui- wl mon with the States t?? lay and collect St all other taxes. th Hut the constitution not only conferred fa those high powers upon Congress, but it eu has adopted effectual means to restrain the of "dates from interlering with their exercise. A For th at purpose it lias, in strong prohib- th i'i>r\ lanu'i.ige, expr.jssly declared that "no be State shall enter into a>-y treaty, alliance, re i' confederation ; grant letbusof tnanjue .It and reprisal ; coin money ; emit bills ot ere- in <iit; make anything but gold and silver 111 coiti a tender in payment of debts; pass any nc bill of at .under, r r ji'.tf f'.u t > law, or law jo impairing the obligation of contracts." is Moreover, "without the consent of Con- in ,T( -s no State shall lay any imposts or duti"s on anj imports or exports, except what bt may be absolutely necessary tor executing ot its inspection laws;" and if they exceed 1* i tlii- amount, the execs- shall belong to the af i United States. M And " no State shall, without the consent to of Congress, lay any tonnage, keep troops, pa or ships ot war, in time of peace ; enter ill ei to auy agreement or compact with another pt State, or with a foreign power; or engage pi in war, miles actually invaded, or in such *t 1 imminent danger as will not admit to delay.' re In order still further to secure the un- T interrupted exercise of these high powers fo against State interposition, it is provided ej "that this Constitution and the laws ot the iu I'nited States which shall be made in per- if suance thereof; and all treaties made, or ul t which shall be made, under the authority at of the I'nited States, shall be the supreme i law of the land; and the judges in every pi ; State shall be IkiuiuI thereby, anything in ft the t 'unstitntion or laws of any State to the p? contrary notwithstanding." ot The solemn sanction of religion has a i been superuded to the obligations of o?h- er ial duty, and ail Senators and "eprrsen- os lu'ivo of the 1 uited States, all members of m ' tale i'Cgi laturcs, and all executive and tt ji'elieial officers, "both of the I "nited States Hid of theBeveral Si,.tes, shall be liound by in oath or affirmation to .upport this Con- ?. atitution." ft . i order to carry iuto effect these powers, at ilr Constitution has established a perfect si ' Government iu all its forms, Legislative, a ".xecntive, end Judicial ; ami this Govern- h met.t, to tii J rMeiit of its js- vers, acts d?wA'.y ugon the individual eit.saiis of'every 1 State, a.id excci.as it.-, own decree lv the j h: agi icy of its own oteccra. in this respect t le it diilers entirely from the Government j tl tuu'.-r the old Confederation, whieh wx- : xi e uf.ucd to making requisitions on the ai .'tales in their sovereign character. This j ti ieit ;t iu th" discretion ot eaeh whether to C ob y or refuse, and they "ft 11 declined to e< ooiuply with such tv.pi-it ems. It thus tl became necessary, tor the | urjsise of re- ft moving this harrier, titnl " in order to form 11 a more perfect 1 niou," to establish a Gov- tc eminent which could act directly ujkjii the tl people, and execute it.s own laws without ' the intermediate agency of the States This t' hi-? l> an accmnplshed by the Consti uuon : Jl ' o; tlie I nitisl States. inny and oppression of ths Federal Gcr? jH iiiuentl' 1 iy no means. The right of"i?*'E| stcuce on tlic }>art oft be governed agaii at - 9 iu oppression of their government.* tiiB- 3e it be denied. It exists in cjicndeutlj of 9 I constitutions, and has been excrcifri4j| all j criods ol the world's history. Ua- tB r it old governments have been destroyI, and new ones have token their place. .1 is embodied strong and ex.-rtFS language I our own Declaration of indt p? i.ui nc??. ut the distinction must ever be observed, ? ut this is revolution against ongpstablishI Government, and not a voluntarily se- * tssioi. from it by virtue of an inherent institutional right. In short, let us look ; iO inri.r !'??rJr . t? t Iia ^a/iaouu ji ?- J ? r>- ?"?.' ,,,v i - a neither ii.on nor less than revolution. . A way not be a j u?tiliable revolution, but > ill it i* rer jlulion. What, in the ux intime, in the respoi.si- *; lity and true portion of the Executive 1 e is bound by solemn oath, before lio<4 id the couutry, " to take cure that the ws be fuithiu'ly exccuU d," and troui this . ligation he cannot be absolved by auy imun power. But what if the performice ol this duty, in whole or part, has 1 rn rendered impracticable by events ov< r liich lie could have exercised no control ? leh, at the present moment, is the case rouphout the State of South Carolina, so r as the laws of the Vnited States to seire the administration of justice by means the Federal Judiciary are concerned. 11 the Federal officers within its limits, rough whose agency alone these laws can : carried into execution, have already signed. We no longer have a Pistrict idge, a District Attorney, or a Marshal, J-outh Carolina. In tact, the whole aeliiuery of the Federal (Jovernmcnt, sci ssary for the distribution ol remedial stice among the people, has been d? niolhed ; and it would be difficult, if not ipossible, to replace it. The only acts of Congress on the statufe?ok. bearing upon this subject are those the 28 February, L7i)5, and 3d March, <07. These authorized the President, tcr he shall have ascertained that the urshul, with his jtour comitatu*, is unable execute civil or Criminal process in any A ?II r-.L .1 ?? iiitwiu.ii wi-c, i?j v;iii lorui uic iiiuiuu aim nploy the army and navy to aid hitu in irformitig this service, having Grst by -oclamation, commanded the insurgents 0 disperse and retire jieaeoably to their spcctivc abode, within a limited time.'* his duty cannot, by possibility, be perrmedin a State where uo judicial authority . lists to issue process, and where there i? 1 Marshal to execute it, and where even there were such an officer, the entire poplatioti would constitute one solid couibinion torresist him. The hare enumeration of these provision? roves how inadequate they are without irthcr legislation to overcome a united opisition in a single State, not to sp ettk of .her States, who may place themselves in similar attitude. Congress alone has pow to decide whether the present laws can. cannot be amended so as to carry out ore effectually the objects of the Constiition. The same insuperable obstacles do not lie i the way of executing the laws lor the Election of the customs. The revenue ill continues to be colli cted, as heretofore, ; the custom-house in Charleston; and lould the Collector unfortunately resign, * sucei.-MW n;oy be appointed iy perform" is duty. Then in regard to the property of tho nited States in South Carolina. This us has been purchased lor a fair equivant, "by the consent of the Legislature of ?e State," "for tho erection of forts, in againarsenals,," Ac., and over these tho tthority " to exercise exclusive legislaon" has Leon expressly granted' ly the onstitution to Congress. It is not believ1 that an . attempt will I e made to expel ic I nited States from this property by >rcc; but it in this 1 should prove to be .i taken, the officer in command of the rts ha> received orders to act strictly on ic defensive. lu such a contingency, the ?sponsibility lor consequences would rightnil y rest ujs?ii the heads of the assailtits. Apart fioni the execution of the laws, ? far as this niuy be practicable, the I'ixcutive has no authority to decide what hull he the relations between the Federal rovernnient and South Carolina, lie has ct 11 invested with no such discretion, lie s>e.>sse3 no power to change the relations erctoloro existing between thrm, much :.s to acknowledge the independence ot" hat State. This world he to invest a lucre Executive tfHecr with the power of recogixiiig the dissolution of the Confederacy nioiig our thirty-three sovereign States ? t bears no resemblance to tbe recognition t a lor?ign <'i ft a-to OoTimment. involrlg no such responsibility. Any attempt > do ihh Would, on his part, be Ja nuked it ot' us ir pat ion. It is, therefor-, my dtiy to submit to Congress the whole queslOn in all its bearings. The course ot* vents i> >o rapidly hastening forward, that lie emergency may soon ariso, when you iay he called upon to decide the inoructitus <|Uc>(ion whether you possess the powr, l>y I fee ot arms, to compel a State to eiuain in the l'nion. I should feel mySf reert-Hiit to my duty were 1 not to xpi\>s an opinion ou this important sublet. * The question, luirly stated, is: lias the onstitutioii delegated to Corgre?* the owrr to coerce a State into submission ineh is attempting to withdraw, or has ctin.llv withdrawn trout the Confederacy ? 1" answered in the affirmative, it nniHt be u the principle that the power has been unl'erred upon Congress to declare arid to lake war against a State. After much i-rious reflection I have arrived at the oon1 us ion that no such power has boon dcleated to Congress or to tiny other depart. . f *L I * ^ " urn in me roucroi liovernment. It is ianilc?t, upon inspection of the Constitoion, that this is not aro<m<; the specific nod numerated powers granted to Congress; ml it is eouul apparent that its exercise m i

Historical Newspapers of South Carolina

The Carolina Spartan. (Spartanburg, S.C.) 1852-1896, December 13, 1860, Image 2