The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-02

up foul and loathsome calumny be brought thai
calumny here and sought TO give Il dignity and mpoF,
lance by paFading IN the presence oil Inc oenae-l dd
feel some degree OF irritation, and gave the only answer
il became to make For the language used have no
regrets nor have the least disposition 10 recall or OK
plain H. Previous 10 that he had said nothing which
excited feeling OF anger II be Imagined he was say,
ing anything newany ihing which had not been heard
from every slump in Georgia, Alabama, and Mississippi
he knows but little OF the contest through which the
Union OF the South have recently passed His
mode OF assault too familiar TO to annoy
ance had met It again and again, and expected to meet
il here.
II had been permitted to conclude on yesterday |
should have said other things quite unpleasant as
those to which he has already stsned but nights re-
ecton has satisfied me that enough has been sad, and
that however much he may deserve it, il does not become
me 10 utter more, | shall therefore conhne myself 10 a
defence OF that consistency be has aragned and IN The
course OF my remarks shall endeayor TO show that he
knows nothing whatever OF the subjects on which he has
undertaken 10 speak He promised in the outset TO
prove that in 1850 was thorough State-rights man.
and In December, 1851, he date oil my speech on Mr..
FOOTE'S resolutons) | was federal consoldaiionist;
To establish this he quoted extract from speech oil
mine which he either could not or would not understand
In that speech The term Sovereign" is indeed applied 10
Stale, and there is denial OF the right OF the Execu-
live 10 force II based upon letter of the Pres
dent, in which he claimed the right employ the mill
tary OF The United States against Texas. denied IT, and
said he law is plain and not States,
are the subjects of coercion" had the law before me
at the me and meant only TO assume The ground taken
by General Jackson in the memorable notification
When South Carolina proposed 10 nufy a law OF The
land General Jackson applied to Congress, and said that
the powers vested in him not sufficient to subdue
the orclbe resistance of State and therefore he asked
Tor The passage OF law 10 meet the emergency. The
force bill was the result So held and hold now, that
the Executive has power coercion in the
event of resistance by State bu, Congress has, and
Congress may al any time authorize him to do 1t will
be dcalt for the senator to find any language OF mine
denying this right on the part of the law making power
of the Union 1t is right essential to its very existence
Take away, and confedeTacy would be than
The old Emphyconc league. II there is no power TO
coece State, the States might appropriate all the
public lands within their respective limits The Atlantic
States might seize upon the from imports One
State might block up the navigation Of particular river,
and another abolish the collection OF debts in the United
States courts the punishment of offences against the
United States laws The republic could endure for
year unless Congress possessed the power OF coercion
senator has seized upon my use OF the words sove-
reign State and thus seeks TO convict of nconsst
ency Why, sir in the speech to which he protested to
be replying, admitted the 100 loose of these words
In common with every other public in the country
have often spoken of the States sovereign" and it
is possible as have before said that have thus con-
the country. The ordinary reader when he sees the
word sovereign IN the speech OF public man, will attach
to the meaning gwen by the dictionaries, and ii will
not always be present 10 his mind that when we so
speak speak OF sovereignty circumscribed by the
constitution. have again and again asserted that some
OF the highest and most essential attributes OF sovereignty
have been taken away from the States; and who will
dare to deny III The senator from South Carolina has
not venured to do So OF the many | have emu
merated, he has seized upon which he takes to be
the weak point and aboTs to prove that am mistaken
IN asserting State cannot punish treason against itself.
In the exultaton OF his ancied success, he adds if am
right in that il is indeed the States are not sove-
reign Well sir shall show that am right, and that
the SENATOR in his ignorance OF the constitution, has made
an admission fatal to his He enumera,es
elusive OF the question: certain States which have
passed laws for the punishment of treason. Now,
SIR, have not been guilty OF the folly OF asserting
that State may not call murder treason, and SO
punish it, have not denied bat that she may desig-
rescue as treason. But what ! do say is, that
right 10 punish treason, as apperainng TO sovereign
~, IS something which is absolute, uncontrolled,
and unlimited Any restriction whatever OF the right is
It's destruction. There one kind Of punishment for
treason State cannot infct There are cases in which
she punish all One OF the most common modes
OF furnishing treason is by bill OF attainder. The cons-
tuition has expressly taken away from the States the right
to pass bills OF aainder. Here them is restriction
which, according to his understanding, well to
mine, is destruction OF the ri ht as an attribute OF
ereigny. But let give stronger Illustration read
Brst from the constitution:
This constitution, and the laws of the United States
which shall be made in pursuance thereof, and all treaties
made which shall be made, under the authority of the
United States, shall be the supreme law Of the land
the judges every State shall be bound thereby anything
in the constitution or laws OF any State 10 the contrary
wthsmnding"
| will suppose a case which has once occurred
will suppose that Congress passes n revenue law
which gives great offence TO the authorities of South
Carolina The legislature, sitting in the interior OF
the State, declares it a nuy, and a por-
oil Tue 10 resist IL Dy fOrce Inc oincers
of the United States in The city of Charleston call upon
the citizens TO and them IN the execution oil the law In
obedience TO the supreme law OF the land that aid given
and force epelled by force Will any pretend that,
for thus resisting the constituted authorities OF the Stale
by arms citizen could be ghtfully punished for treason
They might hang him il they caught him-they might
doubtless indulge IN all those deeciabe amusements
which the painted for yesterday; but then it
would be question Of might, not question of right
carried before any just Judge, he would only have 10
point TO the constitution and then 10 the law he obeyed
TO insure his discharge No judicial officer, with proper
regard for his oath, would hesitate to declare that
State had no power TO punish citizen for obedience to
the laws OF the Union. The constitution must FIRST be
destroyed When that is done-when successful reyo-
luton has enabled State to resume the powers with
which II has partedthen but not until them will the
laws OF the United States to be supreme, and ODE
dience to them may be punished as treason.
There rs a tribe oil constitutional exponenis in our
land who have learned by rote the words federas
sodaonist, and submssionsi and who apply them in
discriminatory to whose Arguments they
answer From such men have nothing to expect but
deracton, and 10 such men do not address myself.
look TO the calm good OF the people TO rebuke the
dangerous heresy that have national government in
name only not IN iaci-a government equally powerless
Tor ITS own protection or the protection of the citzena
government which the whms capuces OF every petty
State may al any moment dissolve, and involve the land
in all the horrors OF anarchy.
The senator has read, with great seeming satisfaction
a declaration OF mine, that wherever Alabama went
would go with her Certainly, sir, did such Lam
guage, and repeat II now. But il BY follows
that believe Alabama has a right seeede. II only
follows that my affections are there and whether right
or wrong shall 60 with her Upon the same principle
would assist brother or friend il found him en-.
gagged IN personal difficulty without stopping 10 inquire
into the cause OF the quarrel shall do, have done,
all can 10 prevent Alabama from rushing her own