New Orleans daily crescent., 1860-12-05

have consequently become parts OF the CoDstltu-
ton. To this process the country is indebted for
the clause prohibiting Congress from passing any
laws respecting an establishment of religion or
abridging the freedom of speech, or Of the powers,
or of the right OF petition.
To this we alse indebted for the rights which
| secure the people against any abuse OF power by
| the Federal Government. Such were the appre-
tensions justly entertained by the friends OF state
Rights at that period, as to have rendered it ex-
tremely doubtful whether the Constitution could
have long survived without these amendments.
| Again the Constitution was amended by the same
process after the election of President Jefferson,
by the House of Representatives, in the month of
| February, A. D., 1903. This amendment was rem
dered necessary 10 prevent the reocearrenee OF the
dangers which had seriously threatened the exist,
| ence of the Government during the pendency Of
| that election.
| The action for its own amendment was intended
to the anlicable adjustment OF conflicting
constitutional questions like the present, which
| might arise between the Government of the States
and of the United States. This appears from con
temporaneous history. In this connection shall
| merely call attention to few sentences in Mr..
Madison's justly celebrated report in 1888 to the
| Legislature of Virginia. In this he ably and con-
cusvely defended the resolutions of the preceding
Legislature against the structures OF several other
State Legislatures.
These were mainly founded upon the protest of
| the Virginia Legislature against the Alien and
sediton acts. as palpabie or alarming lniraetions
/ of the Constitution. In pointing out the peace
/ full and Constitutional remedies he referred to
none other to which the States were authorized to
j resort on such occasions He concludes by saying
that the Legislatures of the States might have made
| direct representation to Congress with view to
1 obtain resembling of the two Offensive acts, or
1 they might have represented to their respective
i Senators in Congress their wish that two thirds
4 thereof would have proposed an explanatory
| amendment to the Constitution, or tWothrds of
themselves, if such had been their option, might,
by application to Congress, have obtained
4 Convention for the same object. This is the very
4 course which earnestly recommend IN order to
obtain an explanatory amendment of the Constitu-
ton on the subject Of slavery. This might origin
ate with Congress with the State Legislatures as
may be deemed most advisable to attain the object
The explanatory amendment might be confined to
the final settlement of the true construction of the
Constitution on three special points
First An express recognition OF the rights OF
property in slaves in the States which now exist or
may hereafter exist.
Second The duty of protecting this right in all
the common Territories, throughout the territorial
existence, and until they shall be admitted as
States into the Union, with or without slavery, as
their Constitutions may prescribe.
Third A like recognition OF the right of the
master to have his slave who has escaped from one
State to another restored or delivered up to him
and of the validity of the Fugitive Slave Law,
enacted for this purpose, together with declara-
ton that all State laws impairng or defeating this
right violations OF the Constitution, and are
consequently null and void.
Ii may be objected that this construction of the
Constitution has already been settled by the Su-
r preme Court Of the United States and what more
4 ought to be required?
0 The answer is that large portion Of the people
of the United States still contest the correctness Of
this decision and never will cease from agitation
or admit its binding force, until clearly established
by the people of the several States in their sover
a egn character.
0 Such an explanatory amendment would, it is be
lieved forever terminate the existing dissensions
y and restore peace and harmony among the States
n 1t ought not to be doubted that such an appeal
to the arbrament established by the Constitution
e itself would be received with favor by all tht
J. States Of the Confederacy; in any event it ough
to be tried in spirit Of concation before any o
I these States shall separate themselves from thu
y Union.
The President enumerates the evils resulting
i from civil war, but is convinced that the perio
has not arrived which will justify resort to rev
" olutonary resistance. The Federal Government
2 must be guilty OF deliberate palpable and dan
le gerous exercise of its powers.
N The late Presidential election, Mr.. Buchana
claims is not sufficient cause for resistance, and
this connection he repudates the right of secessio
at as inconsistent with the character of the Fedora
e. Constitution. He quotes Jacksons message to sus
Of tain his position. He says that the Consttutio
IN has adopted efectua means to restrain the State
lie from interfering with the exercise of Executive
s. thority for that purpose. 1t has, IN strong prohh
OF itory language, expressly declared that no Stat
shall enter into any treaty. alliance or confedera
ar ton grant letters of marque and reprisa col
X money, emit bills of credit make anything bu
ID gold and silver coin the tender Of payment {
debts, pass any bill of attainder or eT post tdct
Y, law mpairing the obligation of contracts. More
Sc over, without the consent OF Congress, no Stat
lie shall lay any imposts or duties on any imports
or | exnorts eXceDt what may be absolutely necessar
for executing its inspection laws; and, II they e1
T. coed this amount that the excess shall belong
lie the United States.
The bare enumeration of these provision
lie proves how inadequate they are without anothe
an legislation to overcome an united opposition in
be single State, not to speak of other States, whc
on may place themselves in similar attitude. Coz
be gress, alone, has the power to decide whetbt
the present laws can, or cannot, be amended s
nj as to carry ont effectually the object of tn
in Constitution. The same inseparabe obstacles
of not lie in the way of executing the laws for th
to collection of the customs. The revenue still col
he tinues to be collected heretofore at the Custom
"a house in Charleston, and should the Coectc
ro unfortunately resign, a successor may be appom
ny ed to perform this duty.
IS, Them in regard to the property OF the Unite
he States in South Carolina, this has been purchase
,u for fair equivalent by the consent of the Legi
lature Of the State for the erection of forts mag
th zines, arsenas, etc., ETC., and over this, I'll
authority to exercise Executive legislation hi
mt been expressly granted by the Constitution
IN Congress.
nd 1t is not believed that any attempt will be mao
to expel the United States from this property /
,a force but if in this should prove to be mistake
to the officer in command Of the forts has receive
'es orders to act strictly the defensive in such
le- contingency. The responsibility for consequenc
ed would in case of collision, rghtfully rest upon IL
'ti- heads of the assailants.
we In speaking of our foreign affairs, the Preside
to remarks that our friendly relations with Great b
he tain have been interrupted by two questions ar
IN. ing from the Buwer treaty, and the rig
Ial of search claimed by the British These questio
pc have been amicably and honorably adjusted. II
he claim of Great Britain to visit and search Americ
Ire merchantmen on the high seas in times of pea
ILL has been abandoned.
With France, our relations are of most friend
be character. That power has lately decided tn
ing naturalized citizens of the United States n
er- compelled to serve in the French army. Cur Go
ernment having bound itself to protect the rgf
'oy of naturazed citizens everywhere, recognizes
di- distinction between the native and the naturaiz
citizen. =
Ter With Russia we stand in the attitude of mutu
the friendship.
de With Spain our relations are complicated b
re- assume less dangerous appearance than former
the Our Cuban claims have been satisfactorily settle
the With Austria and Turkey we are upon friend
the footing.
ign Our relations with China are satisfactory frC
to the results of the labors Of present reside
Minister and his predecessor, who have prov
ing themselves fully equal to the delicate and ryi
asst responsibility of their position.
In consequence of our late treaty with the new
the opened Empire of Japan, it is expected that t
nld trade with the interior of that country will large
po and rapidly increase.
Our relations with Brazil are ameable
nld The controversy with New Granada has term
on ated amicably, the Government of New Grana
mt. having specially acknowledged itself responsit