The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-08-07

1 troying the real strength OF this Government Il
! the assertion of the right and the avowal OF thu
I intention to resort 10 military force for the pur
1 pose Of enforcing its DEGREES. That is my owl
, individual opinion. 1t is not rule for the con
duct of others ] offer no
! Mr. FOOTE. Will the senator allow me t.
, ask him question? There is but one point o
|, difference between us. Do understand him IA
condemning Gen. Washington for recommending
to the Government of that day the sending Of I
military force into Massachusetts for the purpose
of putting down Shay's insurection, or after
wards in sanctfoning efforts to put down the IN
f surrection in Pennsylvania!
Mr.. BERRIEN If understand Shay's In
! surrection in Massachusetts, it was against the
State government. Am right!
Mr.. WINTHROP Ii the Senator from Geor.
Ola will allow me, will state to him that it was
not merely an instruction against the State gov
eminent, but that it was an insurrection which
occurred prior to the adoption OF the Constitu-
4 ton of the United States. And although, IN
some letters of General Washington, ! think to
Governor Bowdoin, then chief magistrate OF
Massachusetts, he expressed his opinion that ii
was extremely desirable that there were some
National Government which might send its army
to the aid of the civil government of Massachu-
settle, yet, as a matter Of fact, none was sent.
|
authorities Of Massachusetts, by their own army,
suppressed the insurrection of that day, and, if
the Senator from Georgia will pardon me for
adding it, it has been my hope, from first to last,
that If there should be rebellion any where else,
! the same circumstances will be found to exist,
and that each State will be able for itself to
suppress any attempt to rise against the Gov
ernment, whether Of the United States or of the
| State authorities.
Mr.. BERRIEN The question which is pro-
pounded to me by the senator from Mississippi
is, whether disapprove OF the expression OF a
desire on the part of Gen. Washington, to inter-
fere for the purpose ofsuppressing instructions!
Now, the senator perceives at once, from the ex-
PLANTATION given by the senator from Massachu-
setts that there is no sort OF analogy between
the case in that State and that which is now
supposed The instruction of Shay was against
the authority Of the State. The case we are
considering is that of State acting by its con-
stituted authorities against the Federal Govern
ment. Again, that insurrection took place be-
fore the constitution was framed, and the regret
expressed was, that there was not National
Government competent to send the necessary
force to aid in REFRESHING the insurrection., But
do not the Senate and the senator perceive the
difference! In the event of an instruction
against the constituted authorities OF State or,
rs it is termed in the Constitution, domestic
Uiolence," there is an express power in that In
strument for the interference of the Federal
Government, but only on the request Of the
Legislature or Executive of the State. 1t was
made on the duties OF this Government by the
Constitution, in such a case and upon such an
application. But that is totally different ques-
ton from the one which is presented when the
constituted authorities Of State shall unite to
resist the action of this Government. For that
there is no provision in the Constitution. Again,
when the senator refers me to the case in Penn
syvania, he recollects very well that that was
not the action of the constituted authorities OF
Pennsylvania, but of an unorganized body OF
people, citizens OF that State, not acting under
its authority, but without it, and in opposition
to the authority of the United States Sir, there
has been no precedent for the case which is now
proposed l trust in God such case may never
occur; and it is from the sincere desire which
feel to avert its occurrence that have made
these suggestions to you to-day. 1t is under
the influence ofthe same feeling that have ex-
pressed the opinion that this declaration of the
possession of power not expressly conferred
| by the Constitution, and an intmation of dis
| position, under given circumstances, to exercise
it for controlling the action Of any of the States
Of this Union by physical or military force, is
one whi.h is calculated to produce the very con-
sequences which we all desire to avert.
| Mr. FOOTE. | hope have not been under
stood by any one as expressing desire that
such a case us that of which have spoken shall
arise. / hope no one has understood me as
being anxious to bring about n collision Of arms
between the United States Government and the
Government of one of the States, for certainly
have never entertained such sentiment, nor in
tended to EXPIRE IS it. But did say, that if any
State in the Union, as | find so threatened in
certain quarters, should attempt to seize on the
mouth Of the Mississippi with view OF block
aiding the Northwestern States and on the
whole State of California, with or without pro-
vocation, that it would be the duty of this Gov
| ernment to maintain its just authority; and to
say otherwise, or to remain silent when the con-
tr;ry doctrine is asserted is to weaken the
power of this Government, and to give faction
triumph over it.
Mr.. BERRIEN. The senator hope, does
not state that as the case which put.
Mr.. FOOTE. only state my own case. Il
did not speak of the case of the senator from
Georgia. spoke of the case of California, and
/ have only to say that some gentleman will be
mistaken in making California test question,
after what has occurred here. That is my OPT
Mon. The senator from Georgia, suppose,
will not disagree with me In supposltlon which
will put to him. Suppose the State of Della
the power of the larger States has such
an imposing majesty as to have blinded the APP
prehension even Of legal gentlemen-shou
withdraw from and resist the laws of the Union,
and the people were to hold public meetings
declaring her to be out of the Union, and were
to establish free ports, and provide the means
for military defence of the State against the
power of the Union-I ask, if in such case it
would not be our duty to empty the language
of solemn warning to our fellow citizens of that
State on the subject, and to put them in mind
of their constitution duties, and to assure them,
| in the most solemn and imposing manner, pain
full as the duty might be, that the Government
would discharge the duty of putting down in
surrections? Would not that be case of
domestic Instruction! And is it not the duty
of the Government not only to maintain the
Constitution and the laws inviolate, but to sup
press domestic Instruction also! / will not
discuss the question of State sovereignty; it has
already been sufficiently discussed. 1t was suf.
rla md L