Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-12-06


and prvations of the people during its existence
But may be permitted solemny to invoke my coun-
ymen to pause and deliberate before they determine to
destroy this the grandest temple which has ever been
dedicated TO human freedom since the world began. It
has been consecraed by the blood of our fathers by
the gores OF the past and the hopes of the future The
Union has already made US the most prosperous and
ere long will if preserved render the most powerful
nation on the face of the earth.
In every foreign region of the globe the title of
American citizen is held in the highest respect, and
when pronounced in foreign land it causes the hearts
OF our countrymen to swell with honest pride Surely
when reach the brink of the yawnng abvss we shall
reco with horror from the last fatal plunge Rv such
dread catastrophe the hopes of the friends of freedom
throughout the world would be DESTROYED and long
night of leaden despotsm would enshroud the nations
Our example for than eighty years would not only
be lost but would be quoted as conclusive proof that
man IS unit for selfgovernment 1t is not every wrong
may, 1t Is not every grievous wrong-whch just-
ty resort to such fearful alternative This ought to
be the last desperate remedy of desparng people, af
ter every other constitutional of Cancellation had
been exhausted
We should reflect that under this free government there
is an incessant ebb and flow 10 public opinion The
slavery question, like everything human will have its
day. 1 firmly believe that it has already reached and
passed the eliminating point but it, in the midst of the
existing excitement the Union shall perish the evil NAV
then be irreparabe.
Congress can contribute much to avert it. bv pro
posing and recommending to the Legislatures of the
several States the remedy for existing evils which the
Constitution has for itself provided for it's own p serva
ton This has been tried at different critical periods Of
our history and always with eminent success 1t is to
be found in the fifth Article, providing for its own
amendment. Under this Article amendments have been
proposed by wOhrds Of both Houses of Congress- and
have been ratified by the Legislatures three ourths of
the several States and have consequently become parts
of the Constitution.
TO this process the country is indebted for the clause
prohibiting Congress from passing any law respecting
an establishment of religion, abrdging the freedom
OF speech, of the press of the right of petition
to this also indebted for the bill of rights which
secures the people against any abuse of power by the
| federal government.
Such were the apprehensons justly entertained by the
friends of State Rights at that period to have render
ed 1t extremely doubtful whether the Constitution could
have long survived without these amendments.
| Again, the Constitution amended by the same
process, after the election of President Jefferson by the
House of Representatives, in February, 1903. This
amendment was rendered necessary to prevent
OF the dangers which had seriously threatened the
existence of the government during the tendency of that
election The article, for its amendment, in
tended to secure the anicabe adjustment of conflicting
constitutional questions like the present. which might
arise between the government of the States and that of
the United States.
| This appears from contemporaneous history. In this
connection shall merely call attention a few senti.
ments: Mr.. Madsons justly celebrated report in 1898
to the Legislature of Virginia. In this he ably
the preceding Legislature against the structures of
several other State LegislatOns; these mainly
founded upon the protest Of the Virginia Legislature
against the Alien and Sedition Acts, as papabe and
alarming infractons of the Constitution
In pointing out the peaceful and constitutional rene
dies he referred to other to which the States
authorized to resort on such occasions. He concluded
by saying that the Legislatures of the States might
have made direct representation to Congress with
view to obtain resembling of the two offensive acts
mi hGU ted IN tive
Senators in Congress their wish that twohirdS there
of would propose explanatory amendment to the
Constitution, two-thirds of themselves, if such
had been their option, might, by application to
Congress, have obtained a convention for the same
object. This is the very course which I earnestly
recommend in order to obtain an explanatory amend
ment of the Constitution the subject of slavery.
This might originate with Congress or the State
Legislatures as may be deemed most advisable to at
tain the object. The explanatory amendment might be
confined to the final settlement of the true construction
on three special points first express recognition OF
the rights of property in slaves in the States where it now
exists may hereafter exist second the duty of pro-
tectng this right in all the territories through
out their territorial existence and until they shall be ad
mtted States into the Union, with without
slavery their Constitution may prescribe third,
like recognition of the right of the master to have his
slave, who has escaped from one State to another,
stored and delivered up to him; and of the validity Of
the fugitive slave law, enacted for this purpose
together with declaration that all State laws, i'm
pairing defeating this right violations of the
Stitution, and are, consequently, null and void.
1t may be objected that this construction OF the Con
stuton has already been settled by the Supreme Court
of the United States, and what more ought TO be re-
quired. The answer is, that very large proportion
the people of the United States still contest tie cor
recness of this decision and will cease from agl
tatiOn and admit its binding force until clearly esab
shed by the people of the several States in their
eign character. Such explanatory amendment would
it is believed forever terminate the existing dissensons
t and restore peace and harmony among the States
1t ought not to be doubted that such appeal to The
arbtrament established by the Constitution Itself
would be received with favor by all the States of tht
Conederacy In any event it ought to be tried 10 sp
Of Cancellation before any of these States shall separate
themselves from the Union
The President enumerates the evils resulting iron
civil war; but is convinced that that period has not ye
arrived In order to justify resort to revolutionary
resistance, the Federal Government must be guilty
deliberate, palpable and dangerous exercise OF its pow
ers The late Presidential Election is not OF suthcIen
for resistance and repudaes the right OF secession
as inconsistent with the character of the Federal Con
= stitution
He quotes Jacksons message to sustain his position
e The Constitution has adopted efectual to restrain
the States from interfering with their exercise. FO
that purpose has, n strong and prohbory language
expressly declared that State shall enter into
= treaty of alliance confederation, grant letters
marque and reprisa coin money emit bills of credit,
make anything but gold and silver coin tender In pay
II nlenC OF oeots pass any oil vi atca'uuo' E" P l
law, any law impairiog the obligation OF contracts
Moreover without the consent of Congress, no Stat
Is shall lay any imposts duties any imports or ex
ports except what may be absolutely necessary for
1t cutting its inspection laws, and if they exceed thi
amount the excess shall belong to the United States
The enumeration of these provisions proves how
adequate they are without further legislation, to over
come united opposition in single State, not to spea
e of other States who may place themselves in simla
k latitude.
Congress alone has the power to decide whether tn
present laws can or cannot amended to carr