The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-05

consn and in that instance the decision of the inCe
ror Court was reversed when the case was brought
before the proper appellate tribunal The yalidi-
ty of the law having thus been established over
and over again, it is urged that the next PREsI-
DENT will be constrained TO see that its provisions
are faithfully executed, and the hope is expressed
that he will not fail in the performance of this
high duty. "Let us wait for the overt act. Let
Gus trust the State Legislatures will repeal their
obnoxious laws. Unless this shall be done
'there is no human power that can save the
"Union." The right of the Southern States TO
demand this act of justice is conceded. If it he
refused by the North, then the States aggrieved
would be justified in revolutionary resistance to
the Government Of the Union. But whilst the
right of revolution is affirmed the right of scccs-
sion is denied, as being ''wholly inconsistent with
''cbe history as well as the character of the Fed
'eral Constitution and arguments are brought
forward and authorities quoted to show that the
Constitution givesn countenance to sach a the
Dry The Message then goes on to state what the
powers of the Federal Government are, and how
they are limited. The trainers of the Constitu-
ton it is declared 'never intended TO impant
Sin lis bosom the seeds of its own destruction.
''nor were they guilty of the absurdity of provi-
ding for its own dissolution" They intended
that it should be "a substantial and mighty fabric
capable of resisting the slow decay of time and of
| ''defyng the storms of ages TO this end they
wisely adopted the rule of strict construction, and
therefore had no reason TO imagine "that the
Constitution would ever be so interpreted as to
| b1,b
'she consent Of her sister States to discharge her
! ''people from all any of their Federal obga-
| ''tions'' The right of State to resist the OPP
preston of any other State is declared to exist in
dependently of all Constitutions; but secession is
asserted TO be neither more nor less than revolu-
ton ut may not be a justiiabe revolution, but
t'st it is revouti0n.o In case Of State prac
tically demonstrating her determination to seccde
from the Union, the Federal EXECUTIVE is bound
by his oath to take care that the laws be faith
fully executed; but this duty may be rendered i'm
possible by events over which he could not
have exercised any control. Such is said TO be
the case in the present instance with reference to
the position assumed by South Carolina, where
the whole machinery of the Federal Government,
so far as the Judiciary is concerned has been de-
moiished, with little or no hope Of replacing it.
The Acts Of Congress empowering the PRESIDENT
to sustain the Marshal in executing civil process
by calling out the militia and the army and navy,
are cited, and are shown to be utterly useless in
State where there is no longer any Judicial author
ity to issue process where there is no Marshal to
execute it and where the popular resistance is gen
eral. The revenue laws in South Carolina still
| pA,o lima IN ha anfAr No phato how
yet, been interposed TO prevent the collection of
the customs, and were the Collector to resign his
Office, another might be appointed in his
place. In this particular, no unsuperable
difficulties occur. With respect to the pro-
| perty ofthe UNITED STATES in South Carolina-its
forts and arsenals and munitions of war-it is be-
lieved that no attempt will be made by the citi-
zens of South Carolina to get possession of them.
| If, however, determination should be evnced to
seize the forts, the officer in command has orders
to act strictly on the defensive.
The question which is next discussed is as to
whether the Executive has any authority TO decide
! 'what shall be the relations between the Federal
| Government and South Carolina. The conclu-
sion reached is that he possesses such authority,
and that any attempt to exercise such poo er would
be an act of usurpation. Has then, Congress the
power to compela State by force ofarms, to remain
| in the Union? The PRESIDENT declares it TO be his
conviction that no such power has been delegated TO
Congress or TO any other department Of the Fede-
raj Government-that it was expressly refused to
Congress by the Convention which framed the
Constitution The power to make war against a
State is asserted to be at variance with the whole
| al,
qnered State could only be held by the exercise
Of desrotic power, and even then no physical
force could control the will of the people or compel
them TO elect Senators and representatives to Con-
gress or 10 perform any OF the other duties required
of free member of The Conederacy. Even ifthe au-
thority existed to coercc them, it would not be wise
to exercise it nder the circumstances; for al
though the object of the war would lie to preserve
the Union, its final result would be to destroy it,
and to render future reconciliation impossible.
The Union rests upon public opinion, and can
never be cemented by the blood of its citizens shed
in civil war. The President solemnly adiurcs his
countrymen 70 pause and deliberate before they
determine 10 destroy the temple consecrated by
the blood of the men Of the Revolution, by the
gories OF the past, and by the hopes of the future
dissolution of the Union ought 10 be the last
desperate remedy of a despairing people, after
every Constitutional means Of Cancellation had
been exhausted. The slavery question, in his
opinion, has already passed its eliminating point
Congress can do much towards averting the pres
ent peril, by proposing and recommending to
the Legislatures of the several States the remedy
for existing evils which the Constitution has it.
self provided for its own preservation. An
Explanatory amendment of the Constitution is
earnestly recommended, as best adapted to carry
out the object in view. That explanatory amend
ment might be made to consist of the following
points
l. An express recognition of the right of property in
slaves in the States where it exists may hereafter
exist.
2. The duty of protecting this right in all the common
Territories throughout their territorial eXis and
til they shall be admitted as States into the Union with
or without slavery, their constitutions may prescribe
g. A like recognition of the right of the master to have
his slave who has escaped from 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 impairing de
teating this right violations of the Constitution and
are consequently null and void
1t is admitted that the construction of the Consti
tuton has already been settled by the SUPREME
Court OF THE UNITED STATES; but the amendment
is nevertheless urged, on the ground that large
proportion of the people contest the correctness of
the Judicial decision, and that such Explanatory
amendment" if accepted by them and incorpor-
ted into the Constitution, would terminate exist
ing dissensions and restore peace and harmony
among the States.
FOREIGN RELATIONS.
GMAT BRITAIN.
Our relations with Great Britain are of the
most friendly character. The disputes arising
from the Clayton-Bulwer Treaty and the Right of
Searc Laua haer, a,,a;caLl,. a:,d La,,oraII oil