The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-21
THE POLITICAL FoReERIES OF THE DAY.
The Letters Of the Politicians Alleged to Have
Been Written by the President Dc
ractO and the President Elect,
&C., Sc, sc.
from the New York Times OF Dec. 20.
THE BUCHANAN LETTER.


WASHINGTON Dec. Is, 1860
Nh ysRy DEAR ss-Your letter Of the 10th instant in
orning that several of the more distinguished Of my
political friends have expressed with all Kindness
doubt regarding the proprety Of the course of &C
which l pursung--and that although the demo-
cratic party has met with and defeats, yet its
remaining vitality may still be further essened by ha
zardous line of conduct--has been received
With regard to your fear that your communication may
be inopportune, since have already acte convic
tons and unacceptable TO in my Official character
will justly say, that the alarming condition OF the coun
try and your zeal for the reestabhment OF party
iuto powerful unity, your sufficient warrant.
will be glad therefore, If you VIII communicate the
contents Of This note 70 the gentlemen named in your let
ter, and also to those contained in the enclosed list
questing them to abstain from making any Of it,
cept among our true friends.
lar II has yielded it. but, under the constitution
all Of the states have yielded portion Thereof, for the
establishment Of central effective government under
whose strong arm they may find protection. That the
States have relinqushed important portion of their
sovereignty is coocusvey shown by the constitution
itself, article first, section ten
l. No State shall enter into any treaty, alliance
federation; grant letters of marque and reprisa coin
money; emit bills of credit make anything but gold and
silver tender in payment OF debts pass any bill Of
atander ex post facto law, or law imparng the obga
ton OF contracts. or grant any title OF nobility
q No state shall without the consent of Congress, lay
any imposts duties on imports exports except what
be absolutely necessary for executing its inspection
laws: and the net produce Of all duties and impOsts
laid any imports exports, shall be for the
or the treasury o the United states and all such
Congress. No State shall, without the consent OF Con-
grcss lay any duty tonnage keep troops ships Of
IN time Of peace, enter into any agreement or COM
pact with another state with foreign Power, or en-
gage in war, unless actually iavaded, in such mm
nent danger as viii not admit OF delay
No one deny that the powers named above are i'm
porant and that the States correspondngly weaker
by their loss TeTn again 10 the constitution, articles
sixth, sections second and third -
2 This constitution and the laws OF the United states
which shall be made pursuance thereof and all treaties
made which shall be made under the authority OF the
the judges every State shall BE- bound thereby any
thing in the constitution or laws OF any State TO the con-
trary notwithstanding.
g. The and Representatives before mentioned
and the members Of the several state Legislatures and
all executive and Judicial officers, both OF the United
States the several States shall be bound by oath
affirmation, 10 support this constitution
Now these articles are entirely inconsistent with the
alleged supremacy Of the State laws and the claim Of
absolute State sovereignty In the face of these Congress
siona powers taken from given by the States them
selves, is wholly irreconcilabie with the constitution
The question now presents itself Is the constitution
contractY Judge story of eminent authority,
pressy denying 10, says-n II Is compact or contract,
having parties TO u who are independent Judges Of its
obligations, IL must DO so, either because Of the st
puhtons contained upon its face or because 1t is inn
piled from the nature and objects Of frame Of
The constitution contains clause inferring 10
be compact, and makes provision for that
strucion On the contrary, the preamble emphaticaly
speaks OF IL as solemn ordinance and Of
United Statos do ordan and establish this constitution
fof the United States Of America" The people do
each other The people Of the United States,
not the distinct people OF particular state
with the people OF the other States The people orain
and establish constitution" not confederation.
The distinction between these terms Is this: pure
federation mere treaty or league between indepen
dent states and binds longer than during the good
pleasure Of each II rests forever IN articles o. compact
where each Is may be- the supreme Judge Of rs own
government where the powers given, rrevoca
bic and cannot be resumed or Withdrawn at pleasure
whether formed by single people by different socie
ties Of people in their political capacity constitution
though originating in consent becomes, when ratified
obligatory as fundamental ordinance or law The con-
stitution Of a confederated republic, that Is OF
national republic, formed OF several States, IS, or
al laast may be, not less an irreyocable form Of
than the constitution OF State formed and
ratified BY the aggregate OF the several counties OF the
stats n IL had been the design OF the trainers OF the
mere oonfederaton. resting on treaty s,ipulstions
II u difficult 10 conceive that the appropriate terms
should not have been found u T. The United states were
scd previous 10 the Revolution The articles OF confed
Grafton though In some few respects national were mainly
OF ederatvc Character and were treated as stpu
atcns between States for many purposes independent
and sovereign. And yet u was deemed poit
cal hercsy 70 maintain that under any state
and repeal It's operation, and that party TO
the eompas, had "a "a right 70 revoke thss compact
treaties made under IT, the supreme Law Of the land
tho state judges TO be bound thereby, anything in the
constitution laws W State TO the contrary notvh
standing II II Is the supreme law how can the people
OF q state repeal, abrogate or suspend ~
The object those alleging that the
compact Is for the purpose Of enabling state power
20 decide whether Congressional unconstu-
hona But this construction Is moi only forced into the
auguagc OF the constitution but bears upon its face an
unsound reasoning and artificial logic which OPP
posed 10 our existence as a nation.
Upon these two important points. then, Il IL clearly
my opinion that state under the constitution not
fu sovereignty, and that while the constitution Is not
radically and fundamentally amended no state can ever
seccie from the Union and this stated In my Message
As a. then, impossible 10 destroy the Union t
stands except by revolution have, after grave recc
which, although h might be legal, would end In civil
strife and the overthrow Of our present form q govern
ment
That line Of duty and probable consequences may be
stated thus
After the resignation OF the federal officers could
have appointed others who would have retained their
positions should they have failed, from ovcrwhem
ing opposition IN carrying out the execution Of their
decisions and the laws OF the United states have the
constituted power granted me- 70 "tske care that the
laws be faithfully executed; and act Of Congress,
tpassed February o. 1885, section second made pur
suance Of the constitution gives rnc the power OF calling
out the militia 70 enforce the laws
II bad felt certain that this OF conduct could
have arisen, would unqucsticnabiy have adopted u.
But although am bound TO zee the faithful execution Of
the laws yet have an cath upon me 70 preserve the
constituon and tananDunt to this " the preservation
Of the Union. should have called into play the excr.
cisc Of force nhesatngy believe that would have
had preserved The constitution By enforcing iss coa-
mands would IT the same time have preserved we
vnon for the constitution and The Union are inssps
bic and form indivisable unity. But must Say ana
the times have proved H. that logical conclusions give
way 70 the passion and will q an excited people ana
bui also with respect 70 REPRESENTATIVES, shn otnef
selected ofacers OF the body polite i.
political body 70 approAnh bead rather ,hsn to let
them be driven in for some future eruption
grant that q citisen 10 citizen Of SAe, aod CHI.
.er az The Insed states ut the same tuo, and II state
secedes that ahc only by - doing waive many
~ her rights in the Union bU that her territories viii
attn remain under the authority Il the general govern
meni n she 10 nvsdcd by Foreign Powrr the United