The southern press., 1851-09-02


arbiter 10 decide between them, esch must de-
pend for the justification OF their course upon
the juetce OF their cause, the correctness of their
Judgment. and their power and ability 10 main
tain their decision.
The right of State To secede ia ease of OPP
preston or "a gross and palpable violation" OF
her constitutional rights an derived from the re-
served sovereignty of the States, am prepared
to recognise In such case each State, in the
language of the kentu ky and Virginia resou-
tions of l795-99, is TO be the Judge, not only
OF the aintraclions," but "the mode and mea-
sure of redress" IL is the just riga. of the peo-
Pile to change their form OF government when,
in their opinion, il has become iyranncaI, in a
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 connexion with this branch of the subject,
question arises which, in the opinion OF some,
is of considerable importance. IL ID, whether or
not the citizens OF State thus resuming he'
sovereign powers would be liable TO the charge
of treason in conforming to the requirements OF
their State government. refer TO this particu-
larly only in consideration Of the importance at
tached TO it by others. From what have said,
it will clearly appear that hold that they would
not be. In my opinion, no man commits trea-
son who acts 10 obedience to the laws and au-
thorties Of regularly organized government,
such as we recognise our State governments TO
be.
But there il a question, gentlemen, involved
in your interroga.ories which rises in magnitude
far above any which have yet considered 1t
involves the important inquiry whether, u the
event of "A State seeding from the Union, and
the executive of the United States making a
reqnisition for troops to coerce her back, !, ,f
elected governor of Georgia, would obey that
requisition. This question may become prac-
tica one--l sincerely trust and hope it never
will. Under the existing laws of the United
States, the President has no power to order
ont the militia to coerce seeding State
Neither the act Of 1895 nor the act Of 1907
would apply in such an emergency Those acts
apply to cases where individuals acting without
the authority of any State government, resist !,
force the laws Of the United States-to riots
and insurrections--to such cases as we were
apprehenslve few months since might be mani
Tested 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 tie conduct of Gen.
Jackson in a former period of our history, when
the State of South Carolina threatened to secede
from the Union. He then found it necessary to
invoke the aid Of additional legislation by Con
gress. His appeal to the then Congress re-
suited in the PASSAGE of the law familiarIy.
known as "the force bill y 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 it's own limitation. In
the contingency involved in your question, it
would be necessary that the President if his
views of right and policy led him to coercioa,
should ask of Congress additional legislation
and it would be for them to determine whether
or not they would grant it, If a State should
secede, and the President should recommend to
Congress such legislation, and Congress should
grant it, then your question would become
practical, and am prepared to answer it fully,
freely, and frankly. 1t would be the most fear
full issue that ever the people of this country
have been called on to decide since the davs of
the revolution--so momentous, so vital to the
interests OF The people of Georgia, that should
feel bound to ascertain the will of that people
before | acted. | should cndeavor to be the
erecuf're Of he oiH Of The people If Georgia. To
ascertain that will, should convene the legis-
laturc OF the State, and recommend to them to
call convention of the people; and it would
be for that convention, representing the people
npon tnat naked issue, to determine whether
Georgit would go out Of the Union, and ally
herself and peril her destnes with the seeding
State, or whether she would remain in the
Union and abide the fortunes of her other sis
ters. A as Georgia spoke, so would en-
deavor, If her executive, to give power and eff
feet to her voice
But if a collision Of arms between the States
our glorious confederacy shouli
ever come, it requires no prophet to predict the
result. The Union would fall beneath the
weight of revolution and blood, and fall, fear,
to rise no more. Itwas formed in the hearts of
the American peope--it can only be preserved
IN their hearts. When any very large portion
ofits inhabitants look upon it as opprt ssing and
degrading them-when they cease to revere it
as the legacy of Washington and the inherit
ance of the blood of the revoluton---its vitality
will be gone, and empty parchments, though
aided by military force, never hold j,
together Hence we see the abotionists OF
the NORTH denouncing il as "a conyenant with
hell !" and hence we hear the disuniouists of the
South inflaming the hearts of the people against
IT, announcing that they have been degraded
and oppressed by it. and preparing eventually
to overthrowit, They are wise men; they un-
derstand the workings of the human heart:
and they well know that VIII, n the heart feels that
wrong, indiguity, and insult have been heaped
upon man, unless he be indeed a craven spirit,
a blow will follow. Prepare the hearts of the
people to hate the Union of their fathers. and
the battle is won--they are ready to fight
against it. Hence, believing, as | do, that the
late compromise is such in the language of the
Georgia platform, as she can in honor abide
by,p have used every effort in my power TO
stay this ceaseess aud ruinous agitation, North
and South and to keep the Constitution and the
Union, where our fathers erected them, firmly
on the foundation of the peoples hearts.
am, very respectfully, your obedient ser
want, HOWELL COBB.
Messrs John Rutherford, N. Bass, r. A. L.
Atkinson, and others
VIReISIA BoSps IN New YoRK.--The New
York Express says;
uFrhere Ia N sfeody dap,und uf r,,,vota SaIa ro