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' ? -m to? '^y ^ J " ~ ^ ~~~ " "" - ^ DEVOTED TO LITERATURE, THE ARTS, SCIEtffiS, AGRICULTURE, MEWS, POLITICS &C., ?kC, TERMS??TWO DOLLARS PER ANNUM,] "Let It bo Instillod into tho Hearts of your Children that the Liberty of tlx? Press is the Palladium of all your Rights."?Junius. > [PAYABLE IN ADVA NCE. BY W. A. LEE AND HUGH WILSON, JR. ABBEVILLE, SOUTH CAROLINA. FRIDAY MORNING, DECEMBER 14, 1800. VOLUME VIII.?NO. 33. PRESIDENT'S MESSAGE. fellow Citizens of the Senate anil House of Representatives. Throughout the year siheeour last meeting, the country has been eminently prosperous in all its material 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, ami 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. Why is it, then, that discontent now sc, extensively prevails, and the Union of the S:ates, which is the source of all these hies sing->, is threatened with destruction ? The long-continued and iutciuperato interference of the Xurtliern neonle with the ones lion of slavery in the Southern States, lias at length produced its natural effects.? The different sections of tlie Union are now arrayed against each other, and the time lias arrived, so much dreaded by the Fa ther of his Country, when hostile geographical parties have been formed. I have long foreseen and often forewarned my com.try men of the now impending danger. This does not proceed solely from the claim on llio part of Congress or the Territorial Leg? ' islatures to exclude slavery from ilie Territories, nor Iroin the efforts of different States to defeat the execution of the Fugitive Slave law. All or any of ih^se evils might have been endured by the South uill.r..tf In ll..> IT,.!/.,. ( >? " itiivv?b \MiiigVi vv inv v ii iviij \>VIIVI o have Iim-n.) in the liopo lliat time and re? flection inii>lit apply tli<i remedy. Tliu immediate peril arises nut so much from these causes a* from tlie fn?*.t that the incessant xiul violent a^iaiion of the slavery question throughout the North for ih?i iat>l quarter of a century, lias at length produced malign influence on the slaves, and inspired them with vague notions of freedom.? \ Hence a sense of security no longer exif>U? around the family akitr. This feeling of pitnce at home 1ms given place to npprchciiHotiii of aervilo itisunection. Many a iiihiiuii throughout the South retires al niglit iu dread of what may befiill herself ami l.cr children before tho morning. Should this appieheu>ion of do in est it: danger, whether real or imaginary, extend and intensify itself until it shall pervade the massed of the Southern people, then disunion will become inevitable.? Self-preseivalion is the fust law of nature, and has been implanted in the heart of man by 1 lis Creator for tlie wisest purpose ; and no political. Union, however fraught with blessing* and benefits in all other respects, caii long continue, if the necessary consc? queued be to render the homes ami the tirawitie* of nearly half the parties to it h<tbitually ami hopelesvly insecure. Sooner or later the bonds of such a Union must be wvered. It i-> my conviction that this fatnl period has not vet arrived; and inv piayer to God is that He would preserve the (Jon htitution and the Union throughout all generations. Hut let us take wartiitiL' in tiinc. and ro o T move the cause of danger. It onuiiut be denied that, for five and twenty years, the ngitaljoi) at the North a<jainHt slavery in the Squill has been incessant. In 1835 pictorial hand-bill*, and infl iinmat??ry ap peals, were ciicuhted extensively through out the South, of a clmr>u!l?*r to excite t in passions of thu slaves; and, in the language of General Jackson, 4 to subulate them t?: insurrection, and produce. all the horr'.rsol a servuo war.' 1 it is tigilation has ?*v?i since linen continued by .he public pr?-M* JL>y (lie proceedings of State ami Conventions, an J by Abolition sermons and l?c lures. The time of Congress has been oc cupied in violent speeches on this never, landing subject; and appeal* in painphlei apt) other form's, endorsed by distinguishes pannes, hsvfl beeu sent forth from this cental point, and spread broadcast over tin Union. llow easy woilld it be for the Amer'nSm people totettle llie shivery question forevei and to restore pence and {iurmony in ilti distracted country. They, and they 'alone, pan do it. A tliat it nectary I" Q^coinp!iHl|i tjip ohjee find all for which the Slave StaU>? hav ever contended, is to he let n|one, and per initted to mana^o 'their domentip jnsljiu lion? in their own Vv?y. As Bovereig States, they, nnfl they, alone, are re&ponai ble before God and the florid for life nlar* ry exiting' fctyong thein. For t^ia. tli people of llie iforth aro not more r?spon sib!6, and Imvfe no more right to iif^Usrferi than with swnilar institutions io Russia c inj^rflzil. y.pon their good sense and pi tnotic forl*earHnce 1 confess I ?ti 11 g/e^ii y rely., Without thejr' aid^it is beyond il pov^er of fny- President,- no nMty'er win rtoay.Ml hispwp politic*! j?roc.'livitie??1p h ?tOr? P^?? hi)d l^nrinony ?inoi]g*tlje^tat^ WidelyJjmijed and resttAioed a* is h pow^r, if?fler ot^CnnSlUuUun and htws 1 >iioAe fSftff |p^o?npH^i/^ finite/or good < for eyU, on'aisclt ? Tji?<^criio& <pu*lioq> - | A nil this brings me to observe that tlie j election of any one of our fellow-citizens to the office of President <lues not of itself afford just cause for dissolving: the Union. Tliis is more especially true if his (.lection j I has been effected by a mere plurality, and i i not a majority, of the people, and has re | f suited from transient and temporary causes, j ; which may probably never again occur, j In order to justify a resort lo revolutionary ' ! resistance, tho Federal Government must ' i J be guilty of 4 deliberate, palpable and dan. j | s , ..vv ..J | the Constitution. The late Presidential | election, however, lias Ik en Iielcl in strict j j conformity with its express provisiot.s.? j | How, then, ca;i tlie result justifv a revolu- j | li>>n to destroy this very Constitution ?? , Reason, justice, a regard lor the Constitu- i i lion, hII require that we shall wait for some j ! overt and dangerou* act on the part of the j j President elect before resorting to such a ! remedy. i It is said, however, that tiio antecedents | of ihe President elect have sufileielit j to justify the fears of the South that he j will attempt to invade their constitutional j rights. Uut are such appichensions of j contingent danger in the fiitnro sufficient I to justify the immediate destruction of the j noblest system of government ever devised j j oy mortals? From tlie very nature of liis i [ nfli.ie, and its liigh responsibilities, lie must ! ! n<-ces>arily be conservative. The stern du- j tv of admii.isteiing the vast and compli eateil concerns of this Government affords j in itself a guarantee that he will not at? j ! temp', any violation of n clear constitution! al right. After all, he is no more than the ' ehiet executive oflieer of the Government. | Llis province is not to make, but to execute, i . i. . i i - i- t i ' - I me una, imu 11 IS ? reillill KaulO lilCl III ' : our history, lliat, notwithstanding the re? 1 ; pealed eilorts of tlie an Li slavery party, no ! i single Act has ever passed Congress, unless ' ' .ve may possibly except the Missouri C nil? promise, impairing, in the slightest degree, III ie rights of the South to their property | in s|;;vus, A?d it may also be observed, 1 (judging from present indications, that no j probability exists of the passage of such an ! j Act, by a majority of both lb-uses, either } in the present or the next Congress. Sure ly, under these circumstances, wo ought to I he restrained from present action by the I preCtMit. of 11 i111 wlin SiiiiL'k n?i novi.r niuti I spoke, that 1 sufficient unlo the day is the j evil thereof.' The day o( evil may never j coiiu1, unless we shall rashly bring it upon I ourselves. It is alleged as one cause for immediate j secession that the Southern Slates are tie? j nied equal rights with the other States in | the common Territories. But l>y what authority are these denied? Not l>y Congress, which has never passed, and I believe never will pass, any act to exclude slavery from these Territories ; and* certainly not by (lie Supreme Court, which lias solemn- j ly decided that slaves are property, and ' like all other property, their owners have a | right to take them in the common Territo- j ries, and hold them tliero uudcr the protection of the Constitution. So far then, as Congress is concerned, the objection is not to anything they ImVo already done, but to what they may do bere1 after. It will surely be admitted that this apprehension of future danger is no good reason for an immediate dissolution of the Union. It is truo that the Territorial Leg j'-j^Hture of Kansas, on the 23d of February, ISd'J, passed in great hasto an Act, over the vi-to of the Governor, declaring that slavery 'is, and shall be, forever prohibited in this Territory.' Such an Act, however, plainly violating the rights of properly seI cured by the C nstil iition, will be declared void by the judiciary whenever it shall be presented in a legal form. nily three days after my inanguration L the Supreme Court of the United States solemnly adjudged that thib power did not* exi>t in a Territoiinl Legislature. Yet B1 such bus been the factions temper of the | times that the correctness of (bis decision U | ha* been exteiisively impugned before the f I public, and the question has- given rise to s | H,1gry politico! conflicts throughout tbo country. Those who have appealed "ffoiu II thin judgment of our highest constitution*! t tribunal to popular assemblies would, if ^ they could, invest a Territorial Legislature _ with power to' annul the sacred rights _ of property. Thj? poycr Congress i# expressly forbidden by thrf Inderal Constitution to exercise. -Ef*ry. State Legislature in the Uuion ia forbidden - by its p^n Constitution to exercise its U cannot be . exercised, in any Sute^excf^by the people in their liighe?t'*tover$gn capacity. when U' framing or nsteiiding tfeeir State Qonatitu>r lion.. jo like roannir, it can duly be exy erciseq-bythe people ef <#TerrH&fy.rcpreltt settled in a Convention of Delegates for |t' 'the purpose . of framiiig a Constitution ? ' preparatory H^^^iuioo. Sjfe$- in\fi f-'.-tho Un'on. Then, and ??t ^til tfoen, j* -ar^Vhav invested wjtb power to dpoide the }r question wbfltbfcK slavery'shall or shall pot exut vitlii^ tlieir liu?jt?\ -Thi? k au net of sovereign authority, and not o subordinate Territorial legislation. Wert it otherwise, tlren, indeed, would tlio equ?Uity of (lie States in tlie Territories b? ilesiroved, and the lights of property ii slaves would depend, not upon- the guarantees of the Constitution, hut upon th< shifting majorities of an irresponsible Territorial Legislature. Sueli a doctrine, froir its intrinsic unsoundness, cannot long influence any considerable portion of oui j people,, much loss can it afford a gooc reason for a dissolution of the Union. The most palpable violations of constillltmmil ?lntv ivliii-li Imrn lnwin /<nm. initti'd consist in the acts of different Stat< Legislatures to defeat tho execution of tin Fugitive Slave law. It ought to bo reme in he red, however, that for these Acts neither Congress nor any President cai justly be held responsible. IJaving beet passed i;i violation of the Feilernl Constitution, they ate therefore null and void All tho Courts both Stato and national before whom tho question has nrisen, bnv from the beginning declared the Fugitiv Slavo law lo be constitutional. Tho singl exception is thai of a State Court in Wisconsin ; and this lias not only been reversed by the proper appellate tribunal but has met with such universal reprobation that there can bo no danger from i as a precedent. The validity of this la\ has been established over and over agaii by the Supremo Court of the United State with perfect unanimity. It is foundei upan an express provision of the Constitution, requiring that Fugitive Slaves win escape from service in one State to anotlie shall be 'delivered up' to their master Without this provision it is a well know historical fact that tho Constitution ilse could never have been adopted by tli Convention. In one form or other ur.der the Acts c T/iii mill lQ-.n Koii. -..I.:?m i w ? *? ? a ut/v, uum i/ciii" QuiMinuuiui tbc same, the Fugitive Slave law it as bee tliu law of the land ftoin ille days c Washington utitil tlie present moment.? Hero, llien, a clea* case is presented, i whh-h it will be the duly of the nextl'ies ident, as it lias been my own, to act wit vigor in executing this iupieiue law again: the conflicting enactments of Stale Legi latnres. Should lie fail in tlie performaut of tliis high duty, be will then have inani Tested a disregard of the Constitution an laws, to the great injury of the people < nearly one-ball of tho States of the IJnioi But are wo to presume in advance tin lie will thus violate his duty ? This woul be a! war with every principle of justi< and of Christian Charity. Let us wait f< the overt act. The Fugitive Slave law hi bean carried into execution in every coi tested case siueo the commnceineut of tl prevent Administration?though often, is to be regretted, with great loss and ii convenience to the master, and with co sidorable expense to the Government. L us trust that the State Legislatures w repeal their unconstitutional and obnoxlo enactments. Unless this shall be dot without unnecessary delay, it is impossih for any human power to save the U ion. The Southern States, standing on tl baMs of the Constitution, have a right demand this act of justice from the Stat ot the iNorth. Should it bo refused, tb< the Constitution, to which all the Stat are parties, will have been wilfully violat by one portion of them in a provis'n essential to the domestic security and ha piness of t!ie remainder. In that eve -tho injured States, after having first us all peaceful and constitutional menus obtain redrew, would be justified in rei lutionary resistance to the government the Union. I h/vvc purposely confined my remar to revolutionary resistance, because it li been claimed within the last few yei that any Slate, whenever this shall bo sovereign will noil pleasure, may sece fro ill tho Uiu0U?.\n accordance with t Constitution, (fiJf3?without any violation . the caiistRulionrfl rights of the other q&el bers of the Confederacy^. That -lis ea became parties to the Uliitin by tho vole jig o.vyn people assembled in Conventio so any one of -ttifiiu may retire from t Union in.a Binriikir nianneV, by tlie. vote such a Convention. In order-U> justify secession a? a c< stitutional rim&iy it must be ou the -pr ciule*tliHt thoj Ecderhl Government u I : i ^.i. n._. uieru vmuiiiarjr wmucmuw.i^ vi jp\^xc9i be dissolved at pleasure by ^gy otip of I cotrtrpcinfg pnrthes. Jf ithts bje ?ot J Coufedcmty is a rope. sa^d, to. be, pen trated nad 'dissolved by the first wjve waves of public qpiuiou in any of9 I States. In Urn manner our thirty* th States may r<Wplre ibemsfclvesSnto as ins ?n(T hosjil^ ei \ one retiring. from the Union, without ; , s possibility, vfliffieyaf ?(17 ex^ ' raept might iippul them lf> *i?ch ? P?&] r By this proeess X iTfttafi ntfgbt be ejftfr i brokci) juto frf^motita iu a few woe f which cost our forefathers mnny years : of toil, privation, and blood to eatab lisli. } Such n principle is wholly inconsistent i with the history as well as the character of - the Federal Constitution. After it was 3 framed with the greatest deliberation and - caro it was submitted to Conventions of i the people of the several States for ratifi cation. Its provbious were discussed at r length in these bodies, composed of the i first men of the couatry. Its opponents . i contended that it conferred powers upon j the Federal Government dangerous to the _ ! rights of the States, whilst its advocates _ maintained that under a fair construction 3 j of the instrument tliero was no foundation 3 I for such apprehensions. In that mighty _ struggle between the first intellects of this or any other country, it never occurred to 1 any individual, either among its opponents or advocates, to assert, or even to intimate, Uiat their efforts wero all vain labor, beI causa the moment that any State felt harI self aggrieved she wight secede from the e Union? e What a crushing argument would this e have proved against those who dreaded that the rights of the States would be endangered by the Constitution. The truth is, that it was not until many years after the origin of the Federal Government t that such a proposition was first advanced. v It was then met and refuted by the conelusive arguments of General Jackson, who s in bis message of lGth January, 1833, j transmitting the nullifying Ordinance ot South Carolina to Congress, employs the 0 following language: 'The right of the r people of a single State to absolve themselves at will, and without the consent of the other States, from their most solemn I,- obligations, and htijnrd tho liberty anil e happiness af the millions composing this Union, cannot be acknowledged. Such j. authority is believed to bo utterly repugnant both ta the principles upon which the General Government is constituted, and to n . j. the objects which it was expressly formed to attain.' n It is not pretended that any clause in _ the Constitution gives countenance to such a theory. It is altogether founded upon inference, not from any languagecontuined s. in the instrument itself, but fiom the sov,e ereign character of the several States by which it was ratified. But is it bevond j the power of a State, like an individual, to uj- yield a portion of its sovereign rights to secure the remainder? In the language of lt Mr. Madison, who has been called the U father of\he Constitution; 'It was formed ;e by the States? that is, by the people in )r each of the States, acting in their highest ,s sovereign capacity ; and formed consequenn tly by the same authority which formed ,e the State Constitutions.' jt 'Nor is the Government of the United n. States, created by the Constitution, less a n. Government in the strict sense of the term el within the sphere of its powers, than the jjj governments created by the Constitutions of the States are, within their several )0 spheres. It is, like them, organized into ilo legislative executive, and judiciary depart( ments. It operates, like them, directly on persons and things y and like them, it has at command a physical force for executing to the power committed to it. e3 It was intended to be perpetual, and not e? to be annulled at the pleasure of any one ^ of the contracting parties. The old artiufl' cles of cpnfederation were entitled 'Arti[jjj cles of Confederation and Perpetual Union p. between the States;' and by the 13th nt articles it is expressly doclared that 'the ej articles of this Confederation shall be inviolfthlv ohser.VMl li\r ftr?rv nnil tlin tu J w-W.J -V?w, ro. Union ahull be perpetual.' Tht preamble pf to the Constitution of the United States, having express reference to the articles ol jis> Confederation, recites that it was establish[Jl8 ed 'in ordwivto form a more perfect union.' Ars And yet it is contended that this - 'more it3 pcrfeot union' does not. include the C83^n> ,je tij\l attribute of perpetuity. he But that the Union was designed to be of perpetu^tySbjtfjare .conclusively fnjrn the ip. nature alid-ip|f6nt of the powers conferred ioh by the ConsCitutipn on the Federal GovQf ernment. These powers embraoe the very highest attributes of national sovereignty, .be , They plrfceboth theavA-d and<the piire^ under ite control, Congress'has power tc make war, and to make pfcace; Iq raise )n. and support armies and navies, and tc in> conclude treaties with foreign Governt n mentfl. It is ijnveated wish the, pqwgt tc to coin^oney, and to regulate the Value Lj,0 thereof and, to regtflate cor^mprpe wltf Lbe ore,?n nations, ^nd the wcral pe- States. Bji# not-necessajy to ^n^pemU rft0 the othpr high power.) which havo beei tli? conferred upsfc \hp. ?Bd^raI Govcp.nierpt reo In order to carry the enu,nwalea powfm rnj vintt^effecf, Congress po?e?.the excluaiv( ieb dgbt to lay and oolle^t duties op imports r* *?* the Stift# to jjy aw terifojptpother r*. ^nt the PoAtitntiop has npfronly op$ e)y {erred the>e high powers upon Congress 1m but it ban adoptod effectual means to re % strain the States from interfering with their exercise. For that purpose it host, in strong prohibitory language, expressly declared that 'no State shall onttr into any treaty, allianca- or confederation ; grant letters of marque and reprisals ; coin money ; emit bills ot credit; make anything but gold and silver coin a lander in payment of debts; pass any bill of attainder, ex po&t fac'a or Law impairing the obligation of coniracts.' Moreover, 'without the 1 I consent of Congress, no State shall lay any < impos.s or duties on any imports or ex- I ports, except what may be absolutely | ; necessary for executing its inspectiohTaws; and, if they exceed this amount, the excess shall belong to the United States. And 'no State shall, without the con sent 01 congress, lay any amy 01 tonnage ; j 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 ongage in war, unless actually invaded, or in such imminent danger as will not admit ot delay.1 In order still further to socure the uninterrupted exercise of these high powers against interposition, it is provided 'that this Constitution and the l.iwa of theUni. ted States which shall be made in pursuance thereof, and all treaties made, or which shall be mado, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the Constitut on or laws of any State to the contrary notwithstanding.' The solemn sanction of religion has been superadded to the obligations of official dutyt and all Senators and Representatives of the United States, all members j pi. StAte Legislatures, and all executive j and judicial officers, 'both of the United i States and of the several State?, shall be bound bv oath or nffirnintinn to siinnorf. this Constitution.1 In order to carry into effect these pows ers, the Constitution has established a perfect Government, in i ll ita forms, Legislative, Execn ive, and Judicial; and this Government, to tlio extent of its powers, acta directly upon the individual citizens of every State, and executes its owu dei ree3 by the agency of its own oflk-ers. In this respect it differs entirely from the Government under the old Confederation, which was confined to making requisitions on the Stales in their sovereign cliaracter. This left in the discretion of each uheth er to obey or to refuse, and thoy often declined to comply with - such requisitions. It thus became necessary, for tfie purpose of removing this barrier, and 'in onler to form a more perfect Union,' to establish a Government which could act directlv un? . - J 4 ' on the people, and execute its own laws without the intermediato agenoy of the States. This has been- accomplished" by ' the Constitution of the United States. In short, the government creatod by the Constitution, and deriving its authority t it. - :? 1 - ' - ?- ' ifum nit* buv?reigu peopie 01 cacn 01 wie several Stale", has precisely the same right to exercise its power over the people of all these State?, in the enumerated cases, that each on? of them possesses over subjects not delegated to the United States, bn( 'reserved to the States, respectively, or to the people.' _ *' To lhe*extent of the dtdqgated powers the Constitution of the United St&es is as much a part of the Constitutibn of each State, and is as binding upon its people, as thought it had been textually inserted therein* * This Government, therefore, is a greal and powerful Gpvernmen^jnvest^d will: all the attributes of sovereignty otfer. thf special subjects to which fbs authority ex tends. Its framers never intended'io im plant in itj? bosom the seeds, of its?owr uoabt uvkiuii) nu? wctB hi. Ha creauor guilty of tfre absurdity of providing foi 1 its own dissolution. It \^s not intended by its framera to bo the baseless fabric of t - vision which, at tbe touch of"the erichan >' ter, would vanish, into thin oi&^but a "sub ' stantial arid mighty fabric, capable of resi* I -ting tfte slow decay^oftioie and of defying * 3he storms of ages. Indeed, well inaj ' the jealous patriots of that day have in diriged fears^hut a Government of sucl I high powers might,violate the reservec ? rights of the Statest and wisely did the] i adopt the rule o/ stript coaalructtoij-o ? tlfese powers%to prevent the danger I B.u r they did not feat, nor, had-they auy reasor > to imagine, that the-Constitution wouU > eve* be; BO interpreted as to erifcbje ary > State, by her own act, ftpd without-tift .consent tjf her slater &*tM, to discHarg? * her people from alt orac^jf t^Qi^^ede ?' V . JtWy. be fw&fc tbpn? ar* the p?opl< 1 whhpTatkt^ ^ithoqt^l^rflss sgajnat the > ty&ttny oppreislqn qf the feeders i.; ^overn^ent? By .n&ipean^; The ri&bi t QfoU <* tf?P govprnec ^ga|nst the opprpasiouof their government -4 cannot be denied. It estate independent , ly of i1t*C^5iUtution?, and haa beea fts . - rvwcil aVMVporiods of the \torld's llibtory ^ Under it old governments have been destroyed, and now ones have taken their place. It is embodied in strog and express language in our own Declaration of Independente. Hut the distinction must over bo observed, that this is revolution against an established Government, .and not a voluntary secession from it by virture of an inherent Constitutional right. Jn short let us look the danger lairly in the face: ' Secession ia neither more nor lpss than j revolution. It may or it may not be a j justifiable revolution, but ati.ll. ;t ia rsvoln- j lion. j Wtrtit, in. the meantime, is the rcsponsi- j j bilii.y and true position of the Executive? j j He 13 bound by the solemn oath before 'jrod and the country Ho take car^ tliat j the laws be faithfully executed,' and from ( this obligation he cannot be absolved by j any human power. B.ut what if the per- j formance'of this duty, Ln wholy or part,! has been rendered impracticable by events over which he could have exercised no | control. Such, at the present moment, is! the case throught the State of South (Jaro ! Una, so far as the laws of the United States to secure the administration of jus tice by means of the Federal Judiciary are concerned. All the Federal officers within its limits, through whose agency alone these laws can be carried into execution, have already resigned. VVe no longer have a district Judge a district attornej', or a marshal, in South. Carolina, ln fact the whole machinery of the Inderal Government, necessary, for the distribution of remedial justice among the people, has been demolished and it would be difficult, if not impassible, to replace it. mi - 1* A a n .? I jLiie oniy Acta oi uon?rcs3 on tne sla'ute book, bearing upon ibis subject, arc those of the ?28lh February, 1705, and 3d March, 1807. These authorize ihe President, after he shall have ascertained that the marshal with his posse comitutus is unable to executo civil or criminal process in any paiticular case, to call forth the militia and employ the army aud navy to aid him in pet forming this service, having first by Proclamation commanded the insurgents 'to disperse and retire j peaceably to their respective abodes, within a limited time.' This duly cannot by possibility be performed in a State where no judicial authority exists to issue process, and whero there is no mar&hid to execute it and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. The bare enumeration of these provisions proves how inadequate thoy are without further legislation to overcome a united opposition in a single State, not to speak oi other States who may place themselves in a similar attitude. Congress alone has power tadecide whether the present laws can or connot be amended so a* to carrV out more effectually the objects of tbp Constitution. The sartye insuperable obstacles do not lie in the way of executing the laws for the . collection of tl.e customs.* The revenue still continues to be coliccted as heretofore at the Custom House in Charleston.; and , should the Coljeetor-iunfortunately resign, r a successor may le nppoiuted to perform , this duty'. _ - ' Then in regard to the ^property of the United States in South Carolina, This 'has been purchased.for a fair equivalent, 1 it ~ . e ii 1 t ' - vy i lie uuimuuv 01 iub ^egisiaiura a I Hit State,' for the erection of forts, magazines I arsenals,' <$fe., and over thesfe the authority 'to exercise exclusive legitlation' has beer expressly, granted by the Constitution-tc \ Congress. It is pot |>|lieve^P tlmfany at1 tempt will bo/>made to expel the United ' States1 from this property by force; but i ip thi? I should prove to be mistaken, tlx officer in commrod of tbe forts has received 1 orders fo act strictly on tbe defensive. Jr 1 such n cointingeucy,..lfie responsibility foi r consequences would rightfully rp$t upor L the heads of the asi>ail?nt&? 1 A part-from ^ execution of tbo. J^w to far as this npfty be practicable, the Efcecutiye has no authority to decide;?lmt shall -be the legation between?the federal Gofcn ' ifn4 J|k?hfls been 7 invested with no such diaceflicn. lie possesses iio power to change tbe relatfonabere1 tofore existing bets*pe?r them, much less to ' acknowledge the indepnd^pe ofithat State, J Tmlr wpuld be (?-invest a mere Execqltye 1 ofQcer with llit power of recogp.i?iog the 1 dtfeolutiofF of the Confederal among our 1 thirtjt-tbree sovereign State#.?bjgara np 1 revfniblance to tbe recognition^ 4 foreign de facto government,*isgolvrag Hd AUpb rfc* sponsibility.^rAoy^Uemptto .do thtvwoyld 1 on.liis part, bo a' uaked act pf usurpation It <li therefore,. my N^ty, to submit to Ugn gre&? tb<r wjnM* ^u^flilon m all iubearings ? T-be eojjfrp pfpVfentt is so ffkp^dljr ' fepten > dng forwart,^?t tbeJ emeV^cy**pa^ |jS&| 1 ari^o, when you may bo cifltetf jjpon to tie E cjfi(5 the morcfen tous^ii eat ion w bet ber y oi l- j#? m pein Staieta ren-.aia in the Uo'^n. " fa I not to eiprcss an opiniop on;tbis impbr unt iuVj?ct. -' / * *" * r Tlio question fairly stated is; Has tlio Constitution delegated to Congress the power to coerce a State into submission which is attempting to withdraw or lias actually withdrawn from tho Confederacy? If ansv.eicd in tlio allinnative, it must bo on tlio principle that the power has been conferred upon Congress to declare and to mako war against a State. After much seI I,#,../! ui'itvnrl *\t llio elusion lliat no such power lias bceu delegated to Congiess, or to any other depart* ryent of the Federal Government. It is manifest, upon an in spcction of tlio Constitution that this is not among the specific, and enumerated pwersgranted to Congress; and jt is equally apparent that its exercise is not 'necessary and proper for carrying into execution' any one of these power?. So far from this power having been delegated to to Congress, it was expressly refused by the Convention whiuh framed tho Constitution. It appears, from the proceedings of that body, that on the Cist May, 1787, tho clause 'anthorizinf/ an exertion of the, force i of the whole ar/ulnst a delinquent S.tntc,' came up for consideration. Mr. Mad'uoa opposed it in a brief but powciful spcech, from which I shall extract but a single sentence. lie observed: 'The use of fore? against a fctate would look more like a declaration of war. than an intliction of punishment; and would probably be considered by the party attacked as a disolu-lion of all previous compacts by which it might bo bound.' Upon his motion the clause was unanimously postponed, and was never, I believe, again presented. Soon afterwards, on the 8:h June, 1/87, when incidentally adverting to tho subject, ho eaid: 'Anv Gov. rnmciit for the United State?, farmed on llie supposed practicability of using force against the unconstitutional' proceedings of the States, v.oulil prove as visionary and fallacious as tho government of Congress,' evidently meaning the then existing Congress of tlio old Confederation. Without deseeding to particulars, it may he safely asseited, that the power to mako war against a State is at variance with tho whole spirit :uul intent of the Uonbiiiuv^ Suppose such a war should result in tho conquest of a State, how are we to govern it afterwards ? Shall wo hold i|,Rsa province, and govern it l>y despotic power? In the nature of things we could not, by physical force, control the will of .tho people, and compel them to elect Senators and Representatives to Congress, and to perform an ino otner limit's depending upon then* own volition, anil required from llic free r citizens of a free .Stale as a constituent member of tlie Confederacy. Hut, if we possessed ibis power, would i it be w'se to exercise it jjpdar existing circumstances? The object would doubtless be to preserve the Union. War would not only present the mast effectual means of destroying it, but would banish all hope of i its peaceable reconstruction. Besides, in the fratci nal conflict, a vast amount of blood and treasuro would bo expended, rendering future reconciliation between the States t impossible.- In the meantime, who can i foretell what would be the suffering and priwfttions^bf tlje people during its &i6i tence ? ' >' t ? The fact is, that our Union rests upon nilfllw* ni.iiiiim nnd /?on nounf 1?a nor^anfo/I ) by the blood of its citizens shed in civil ( wnr. If it cnnnot live in the affections of r the people, it must one day perish. Con? grtjsa possesses many means of preserving > it^y conciliation; but Iho sworJ \iks not . placed in.their hand to preserve it by force.. | But may The permitted solemnly to in? f vofce my countrymen to pause and deliber> ate before lliey determine to destroy fl)|gf life grandest ipfp^le which "has ever* been ,i_j: iL.i l........ : it ir? I uauituiiju iu uuiijmi .iluvuuiu ainuu iuv worm r l^egarr? It has been consecrated by ihp i r}>lood of our fathers, l>y the glories of the past and by the hopes of the fitting. Thq ) Uuigh..bw already made us tho most pros . perous and, ere long, will, if preserved render us the most powerful natiou on the fjytt of the earth. In cyery foreign regjop of i? tTe^obe the title of American citizen-is held In the higqlist respect, and when pro: < nOunved in a fbfpigp land causes, the i heaijs" of our countrymen to swell witU ,* ltdncrt pride. Surely, jyhen wo reach tlfp brink of tbf.yawnipg at>ysa, we 6hall fe^ofl i with horror from the last fatal plunge." By_ such a dread catastrophe the hopes of the I friend* of freedom throughout tfjo world Tvpiild f*? destrpyed," and a long night'o leaden deftpotiarii wputd, enshroud the na^ I lions., 'Oi|r example for nvore thaoysigh^V . year? would not pnly be tot^ut ityroufd Jbe anoted as a conclusive nroof tlrfft man i * "v?. ? * r7 \ $ isonfit for ?elftgovemnrient. '> fl i? pot every wrong?nay, it is not I- evefy -gricTons wrong?vvliich can justify 9 ? rdfort'foaucf? a frarfuj alternative. 1'hi# 1 oBgbtto be the Ivt Operate'remedy of<a people, after every other con* I" o^ldtiauftl me*ns of concilation has been v a exhkunjt^. We.-eboaW reflect tb*t tlftler - this fre6 tlSvernment there is au incessant ebb ami flow iii public opinion. Tho sla * % , >\ trrr