Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1851-09-05

E7G0E6
trine that government is destitute of these pow
ers essential to its vitality and existence The claim
which have urged in behalf of the Federal Govern
ment cannot be abandoned without endangering the
whole frame work of our admirable system--nor is
there any serious danger to be apprehended from its
improper exercise. Its true strength, based upon
the existence of these powers is to be found in the
justice and wisdom of its legislation these the
true and only safe avenues to the hearts and afec
tions of the people, wherein are found the strong
pillars of support to q free government. do not
entertain the idea for moment, that.our govern
ment can be maintained by the strong arm of militia
ry power, when it to bestow the blessings up
on the people for which it was formed. Whenever
it becomes the instrument of wrong and oppression
to any portion of the people, by uni ust laws and de-
grading legislation, it will to be the Union
formed by our revolutionary fathers, and possessing
no further claims upon our allegiance and support.
should that period unfortunately arrive, will
not fail to prove ourselves true to the principles
of liberty and equal rights our honored and ven
Grated fathers will stop to look to the pro-
visions of a violated constitution for the mode or
measure for the redress of our grievances.
have far considered the question in reference
to the doctrine of the constitutional right of State
to secede without just cause, at her will and
pleasure, and think have shown that it is unsup-
ported either by principle authority. On the
other hand, admit the right of State to secede
for just cause, to be determined by herself. Being
party to the compact which the constitution FORMS
she has the right. which all other parties to com
pact possess, to determine for herself when where
and how, the provisions of that compact have been
violated 1t is equally clear that the other parties
to the compact possess corresponding right toI
| Judge for themselves, and there being no common
arbiter to decide between them, each must depend
for the justification of their upon the justice
of their the correctness of their Judgment and
their power and ability to maintain their decision.
The light of State to secede in case of oppres-
sion " gross and papable violation" of her con-
sttutional rights derived from the reserved SOW
ereignty of the State. prepared to recognize
In such case, each State, in the language of the
Kentucky and Virginia resolutions of 179S-99 is to
be the judge, not only of the 'nfractons but s:the
mode and measure of redress" Tt is the Just right
of the people to change their form of government
when In their opinion it has become tyranical, in
mode not provided for in the constitution and is
therefore revolutionary in its character and depends
for its maintenance upon the stout hearts and strong
arms OF free people
| In connection with this branch of the subject a
question arises, which, in the opinion of some is Of
considerable Importance. 1t is whether not the
citizens OF State thus resuming her sovereign pow
would be liable to the charge of treason in con-
forming to the requirements of their State govern
ment | refer to this particularly only in consider
alton of the Importance attached to it by others
From what have said, it will clearly appear that
hold that they would not be. In nv opinion, no
man commits treason who acts in obedience to the
laws and authorities of regular organized govern
ment such as we recognize State governments
to be-
But there is a question, gentlemen involved in
your Undergraduates which rises in magnitude far
above any which have yet considered It involves
the important inquiry. whether in the event of a
State seeding from the Union and the Executive of
the United States making a requistion for troops to
coerce her back, l. if elected Governor of Georgia.
would obey that requisition. This question may be-
come practical one-I sincerely trust and hope it
never will. Under the existing laws of the United
States the President has no power to order out the
mil to q Ctoko thorfb o AT
of 1895 nor the Act of 1907 would apply in such
emergency. Those Acts apply to where indi-
viduals, acting without the authority of any State
government resist by force the laws of the United
Sates-to riots and insurrections-to such cases as
we apprehensive few months since might be
manifested in opposition to the Fugitive Slave Law
in portions of the Northern States. That this is the
true construction to be placed upon these Acts will
be apparent from the conduct of Gen. jackson in
former period of history when the State of South
Carolina threatened to secede from the Union He
then found 1T necessary to invoke the aid of addition
al legislation by Congress. His appeal to the then
Congress resulted in the passage of the law familiar
ly known as the Force Bill - but that Act being
temporary in its object and character has lost all
of its vitality. and long since ceased to be of force
having expired by its own limitation.
In the cont ngency involved in your question, it
would be necessary that the President, if his views
! of right and policy led him to coercion should ask
of Congress additional legislation. and it would be
for them to determine whether not they would
grant it. If a State should secede and the Pres-
dent should recommend to Congress such legislation
and Congress should grant it, then your question
would become practical. and am prepared to an
swer it fully freely. and frankly. It would be the
most fearful issue that the people of this
try have been called to decide since the days of
the revolution-so momentous. so vital to the inter-
ests of the people ofGeorga that should feel bound
to ascertain the will of that people before acted
should endeavor to be the Elec,tre of the 1riU of
the people of Georgia. To ascertain that will,
should the Legislature of the State, and re-
commend to them to call convention of the people,
and it would be for that convention, representing
the people upon that naked issue, to determine
whether Georgia would go out of the Union and al
ly herself and peril her destinies with the seeding
State, whether she would remain in the Union and
abide the fortunes of her other sisters. And as
Georgia spoke would endeavor, if her Executive
to give power and effect to her voice.
/ But if collision of arms between the States COM
posing our glorious confederacy should ever come, it
requires prophet to predict the result. The Un
ion would fall beneath the weight of revolution and
/ blood, and fall, fear to rise 1t form
ed in the hearts of the American people-it can
only be preserved in their hearts. When any very
large portion of its inhabitants look upon it OPP
pressing and degrading them-when they cease to
it the legacy of Washington and the inher
tance of the blood of the revolution it's vitality will
be gone, and empty parchments, though aided by
military force, never hold it together. Hence,
we the abolitonists of the North denouncing it
as "a covenant with HE'LL, and hence we hear the
dsunionists of the South nfaming the hearts of the
people against it. announcing that they have been
degraded and oppressed by it, and preparing even