The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-03-04

r apainst the United States laws. The repablc
could Tat endure for year unloss Congress
possessed the power OF coercion
, With characteristics attempt at special plead
ing the senator has seized upon my use of the
words sovereign State, and thus seeks to con-
Wet me ofineonsstency Why, sir, in the speech
to which he professed to be rep ying. admitted
the too loose use of these words. In common
with every other public man in the country,
have often spoken of the States AS sovereign, -
and it is possible, as have before said, that we
nave thus contributed to the errors which per
wade certain portions Of the country. The or
II binary reader when he sees the word sovereign
in the speech of public man, will attach To it
the meaning given by the dictionaries, and it
will not always be presentto his mind that when
we 80 speak, we speak Of sovereignty crcum-
scrbed 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 it? The Senator from South Caro-
lima has not ventured to do so. OF the many
cases ! enumerated he has seized upon one
which he takes to be the weak point, and labors
to prove that am mistaken in asserting State
canno, punish treason against herself. Ia the
exultation of his fanced success, he adds, eff
am right in that, it is indeed true tine States
not sovereign" Well, sir, / shall show that
am right and that the senator, in his ignorance
| of the Constitution, has made An admission fatal
| to his case He eDunerates, AS conclusive 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 80
punish it. lave not denied but that she may
designate in her laws riot as treason, or n
forcible rescue us treason. But what do say
is, that right to punish treason, as appertain-
ing to sovereignty, is something which is ALSO
lutte, uncontrolled, and unlimited. Any restric-
ton whatever of the right is its destruction.
There is one kind Of punishment for treason
State cannot inhict. There are cases in which
she cannot punish at all. One Of the most com
mon modes of Furnishing treason is by bill of
attainder. The Constitution has expressly taken
away from the States the right to pass bills Of
attainder. Here then is restriction which, ac-
cording to his understanding as well as TO mine,
is destruction of the right as an attribute of
sovereignty. But let me give Il stronger Illus
traton. read first from the Constitution
This Constitution, and the laws of the
I United States which shall be made in pursuance
thereof; and all treaties made, or which shall
be made under the authority Of the United
States, shall be the supreme law of the land :;
and the judges in every State shall be bound
thereby, anything in the constitution or laws of
any State to the contrary notwithstanding.
/ will suppose case which has once occurred
will suppose that Congress passes a revenue
law which gives great offence to the authorities
of South Carolina. The legislature, sitting in
the interior of the State, declares it a nulli,y
and arms portion of the citizens to resist it BY
force. The officers of the United States in the
city of Charleston call upon the citizens to aid
la. a. . A.. L
to the supreme law Of the land that aid is given
and force repealed by force. Will any one pre-
tend that for thus resisting the constituted au.
thorities of the State by arms, citizen could be
rightfully punished for treason? They might
hang him if they caught him-they might doubt.
less indulge in all those delectable amusements
which the Senator painted for us on yesterday
but then it would be question of might, not
Il question of right. If carried before any Just
Judge, he would only have to point to the Con
stitution, and then to the law he obeyed, to in
sure his discharge. No judicial officer, with
proper regard for his oath, would hesitate to
declare that State had no power to punish a
citizen for obedience to the laws of the Union
The Constitution must first be destroyed. When
that is done--when successful revolution has
enabled 5 ate to resume the powers with
which it has parted-then, but not until then,
supreme, and obedience to them be punished AS
treason.
There is tribe of constitutional opponents
: in our land who have learned by rote the words
federalist, consodationist, and submissionist,
, and who apply them indiscriminateIy to every
one whose arguments they cannot aswer. From
such men have nothing to expect but detraction,
and to such men do not address myself |
look to the calm, good sense of the people to
RI rebuke the dangerous heresy that we have
national government in name only, not in fact
IA government equally powerless for its own
protection or the protection of the citizen-a
government which the whims or ca?rices of
every petty State may at any moment dissolve,
and involve the land in all the horrors of anar
chy.
The Senator has read, with great seeming
satisfaction, declaration of mine, that wherever
Alabama went would go with her. Certainly,
sir; did use such languages aud | repeat it
now. But it by no means follows thatI believe
Alabama has right to secede. 1t only fol
, lows that my affections are there, and whether
right or wrong, shall go with her. Upon the
same principle | would assist brother or
friend if found him engaged in personal diff
fcnlty, without stopping to inquire into the
cause of the quarrel. shall do as have done,
I all can to prevent Alabama from rushing on
to her own destruction; but if those efforts fail,
: her destiny must be mine. shall go, however,
with my eyes open; claiming no right of peace
able secession but asserting the right of revolu-
tion--a right to be enforced by the armed hand,
and the armed hand only. The difference be.
tween the Senator and myself is, that | hope
the time may never come when | shall be CON-
PEELED to choose between the Union and my
native State. Hence have sought to remove
all causes of bitterness, and to quiet that rest
less feeling of discomfort which must ultimately
lead to such painful results. The Senator, on
the other hand, has been engaged in the oppo-
site task of creating prejudices and exciting ami
mosities where none before existed. | shall
leave it for Others to decide WHICH best becomes
the character of a patriot,
La his indictment against me, the Senator has
included aresolution of inquiry which had the
honor to submit to the Senate in the perform
, ance ofmy duties here. This is a striking illus