The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-20

nt sNhShopiS caeSS VI thC IoSOiuuOudTy congress,
or that he was the : master spirit OF the conven-
uon 81 1857, and sled the mlnds' Of that body, is
oil fusiinn, and romance, and twattle, and non
o. nse. II the letter now al toolshly thrust before
ME psbhc 10 authentic and genuine; il II really sets
forth his deliberate judgment as TO the per-
n anent government Of this country after the
war was over, and if the reading of il by MIR
webb rs correct then we are forced TO say, il Az
lords evidence thai he was not at heart true re-
publican, and that in the conduct Of republican
government, for that reason alone, his acts and his
opinions and his DOCTRINES should not be re garded
| No authority In this country. If the fact that he
YVES not republican IN principle is once estao-
lished, his Writings are not entitled TO whit more
respect from the American people than the opinions
end sets of Field Marshal the Duke Of Wei
| ipRton. Lord Castrresgb, Prince Mettench,
| Count Nesselrode, Taeyrand, or Haynau, or any
other illustrious antrepublican aristocrat, noble
man, ambassador. general diplomat, editor politi-
clan, or individual man or woman.
| One hing IN the editorial of the Courier dWi
| E~qNuer il dreadful It's that paragraph in which
| the editor dscourses thus
We mean disrespcct to Mr. Jefferson nor would
for instant question bis patriotism; but regard
for truth and conviction how necessary IL IL that
the rifipg generation should know the truth OF our
own history ss 1t Is compel us to say that Jefferson
q
opinie atons Of the universal equality OF
from he cradle TO the tomb with his practice in
direct hostility to it-had been the nrst President
and posressd the power OF shaping the future action
Of our government under present constitution,
situation OF the South American republics without
the happiness the prosperity, the stability and the
power which claim for us tho admiration and respect
Of the civilized world.
Who is there that will be ,surprlsed if the spirit
of the departed "Apostle of Liberty" should, on
hearing Of this atrocious assault burst forth from
the other world and visit Gotham to meet his auda-
cious vihfier face to face? But We presume on fur
Their reflection the is little danger of this for Gen
Jackson, or President Polk, or most other of the
great men who have left this world within the last
cycle, could sdmonish the Sage Of Monticello that
little heed should be given to the wanton traducer
of the author OF the Declaration of Independence,
in this instance. II, perchance, Old Tack was in
CURED OF, he might, in friendly feeling, volunteer
en- apology in the exasperated feelings of the
a certain rejection by the United States Senate,
and the outrages of the Hudson Railroad Company,
which may have excited him just now against re.
publican government and republican institutions
and laws
There is a portion of the letter of General Hamil-
ton, and some Of the editorial comments upon it. to
which we shall, hereafter, again call public atten-
ton 1t may be that in the publication OF this let.
ter, at this crisis and in these editorials there il
more than at first meets the eye. We allude to
that part of the letter in which General IL. speaks
of the necessity Of a "coercive union /" We
doubt not that the expression was meant by Gene
raj H. TO refer solely TO the necessity for such
government during the revolutionary war, and
we consider the attempt of the Courier and
Enquirer 10 apply il to the present state of affairs
ana I'd 1HVOkc IL lbs dutnOIlty LOT plc6tut ItQe-
raj government to use military force, in certain
contingencies, against State and its citizens,
10 gross perversIon and Misrepresentation. The
editorial says
ekstcbins what the government should be he express
ly provided for 4" coeroive union" We would espe-
cisly invite the attention of South Carolina this
fact and II will be prudent ct least, tor vermsnt to
bear IL mind
And again -
In 81 ort he not only faithfully depicted the evils Of
urion With nstionsi powers; but he pointed out in
1850 specifically what that union should be, what the
provisions Of its constitution tbs preoiss grant of
powers By the States. and the mode OF making such
strong national government acceptable to the people.
We do not hesltate to say that we have no idea
that the present federal government of the United
States was INTENDED to be, or Is "coercive
rican people tor the Union should depend only on
the force employed to induce 1t. We have no
idea that "coeTcive union" can exist as such,
during single term of a President; and il is TO
this topic that we propose hereafter 10 devote
portion OF our columns in comment upon the
editorial quoted. In what we shall say, the
duct Of the federal administration now in power,
with respect to the act of the Legislature of Yer
mon, legaizipg resistance to the Fugitive Slave
law, with respect to the Boston fugitive slave
Crafts, and the Boston fugitive slave Shadrach, and
he nigge mob rescue OF that fu sitve, AMI with re-
speet also the action OF the State Of South Caro-
lima, tending TO a withdrawal from the contedera ~,
already had, and that anticipated, VIII all be freely
examined. We do not think the subject IN all its
bearings has been fully understood aud properly
discussed. AS somewhat pertinent 10 the subject,
we present our readers with import mt, genuine
and authentic letter, written in October, 1884, by
Hon. John Mclean, of Ohio, now a Judge Of the
Supre me Court Of the United States, aud who was
a Judge when he wrote II, and upwards of forty
years of age. We ask for this letter a Care
ful end considerste perusal, by the American
people, and invite notice OF The tact that IL 10
not the doctrine of " MULTI cation" by South Caro-
lima, that is TO be met, hut Is the act OF seces
sion" 9 Nulhhcstion' was resistance TO law by
a State, while IN the Union Il" secession, or with
drawal from the Union, Is totally different
thing.
The letter was addressed to a citizen Of North
Carolina.
KSoxvlLLr. 23d October 1884
Nv DsAR FR.-As am about leaving this place for
Ohio have but few moments TO reply to your favor
In my view no power. can be exercised BY the feds
raj government except those which expressly de-
i.ssted TO IT, ar should think that the experience
tension Of the federal must cndsnger the per-
manency Of the Union,
All Judicial questions witch arise under the con.
stitnton and laws Of Il. union are rsferrsbls to
prems court Of the United States ana Its dsoi
sion IL final In such cares The tribunal expressly
vested with the power to decide such questions by the
constitution which adopted by the people OF the
respective ststes Tho Supreme Court, then ha, been
mac the arbiter In such by the States and Its
dscisisps are binding on all htigspt parties.
But II o political power be asserted by the federal
government, which s oon'rovsrtsd By State ana II
tuition laws Of the Union there no tribunal CON-
mon b. the parties aud in such case effect caunot
be given 10 the power. The decision Of sovereign
In such IL ~ good the decision OF the
federal government and, Of necessity there must be
mutual for bearance.
An unc constitutional act Of Copgres, imposer o.
alton on State or the people Of State and may
be resisted By an individual or community No one,
I believe, win controvsrt this
But IL State bound 10 submit TO systematic
Of opprsssion from the federal government Ians~er
no II should remonstrste sgsin and again until all
remenstrancs 10 vain and useless. An appeal should
b. made to the ethsr States In all the forms sane.
toned By the conetu tion and ample time should be
given for reflection. But ell these efforts shall pro
duoe effect, and the oppression be continu ed-su
which vithers the hopes u the State and
up ~ lie and the people
Of the forced 20 the alternative 81 choosing
under such circumstances bsrty or slavery they may
and should reject the latter and as,et tn. former by
open resistance This IL an inherent and an inaens.
b. risht which may be asserted and nAiatsined by
every organised community.
Instead Of enlafgipg Its power, by q rule Of con.
structiop which may b. contracted or extended at
nlaas,,s the federal government should act within