The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-20
THlRTY-SIXTH CONGRESS--SECOND SESSION
SEN TIE


and Ohio Railroad Company to extend their road
through Washington taken up and postponed
until Monday neXt.-A motion for five thousand
extra copies of the report on the Military Academy
was referred to the Committee on Printing
Mr.. SLlDELL said that be rose to a personal ex-
planation. He received teegraphic despatch last
night, dated at New Orleans, inquiring if des-
patch from Washington, sent by the Associated
Press and published in the New Orleans journals,
to the effect that he had made a speech in the SEN
ate, charging imbecility on the President, was
true? He need not say that this statement was
without shadow of foundation. He had
not made speech, as Senator'S we'll knew,
nor bad he in any manner directly
or Indirectly, intimated anything of the kind.
He desired to know when and by whom this des-
patch was sent. The agent of the Associated Press
was bound to answer and give an explanation. If
such explanations were not forthcoming he should
move for the expulsion of the reporter of the AS
sociated Press from the gallery. In his opinion as
well as in the opinion of Others these dispatches
Of the Associated Press were of a general tone,
evidently BIASED. and of a strong opposition ten
dency to the Democratic party. Sometimes when
they obtained an intimation Of anything, thev
spread broadcast over the land fabrication In
this case it was base and deliberate fabrication
as well as in the case of his colleague, who had
been represented as making a strong Union speech
He well understood that these despatch
es were for effect on his State.--Mr
GNlN denied also the report in various
journals that he and the President had had anv
trouble. 1t was fabrication.-Mr. HUNTER
from the Committee on Finances reported back the
Invalid Pension bill, and the Military Academy
Appropriation bill, which were read and passed.
the latter with slight amendment.-The bill to
carry into effect certain treaty stipulations with
Mexico was taken up, but before it was disposed of
the regular order was resumed-being the resou-
tions of Mr.. johnson, of Tennessee, for amending
the Constitution. MIR. JOHNSON resumed his
speech. He did not think that the explanation made
Yesterday by the Senator from Vermont was salts.
Ptn Sl-aA has ~
the Personal Liberty bill of Vermont was uncon-
stitutonal, or that it opposed to the fugi-
tive slave law. The Senator made an evasiye
answer; but lie thought that the judges of the coun-
try would decide that the law referred to was a
gross and papable violation of the Constitution of
the United States. He said that if Vermont should
pass law in open notification it would be an overt
act, and the Federal Government was bound to en-
force the laws of the United States, even at the
point OF the bayonet; yet the Federal Government
could not coerce State in her sovereign CAPACITY
His line OF argument, however, was to show that
State could not. of its volition, withdraw from
the compact he read from Mr.. Madison's letter
to e6ster in 1882, showing that such was his pnsi
ton. Jefferson, in his letters on this subject point
ed with the unerring finger of philosophy to the
fact that each State must furnish its proportionate
amount TO the treasury, under the old articles
OF contedera tion and demonstrating that a Con
gress under the old confederation could not enforce
the collection of money. The States delegated
powers named in the Constitution, and Congress-
could enforce them, but in doing so it did not be-
come the oppressor. The State which resisted them
became the aggressor; but when the federal gov
eminent failed to carry out these powers it ceased
to be government. He quoted Jackson, Web
ster, Justice Marshall and others to show that
State had not constitutional rirht to seceda from
the Union without the consent of all the States
The Constitution was intended to be perpetual, and
to that end provision was made for its own amend
ment, It's improvement and its continuance. 1t
was also submitted to the States for ratification and
pIyen to (iOOprpSS n admit
SO we had in the Constitution first the means
OF creating the governments; second, means
of perpetuating it; and third, the power
to enlarge It,. But were provisions found there for
winding up the government, excepting bv the in
herent principle of all the States-not State-but
all the States which spoke the government into
existence, and had a right to dissolve it? He cited
the case OF the excise law of 1875 during the re-
beon in Pennsylvania, when Gen. Washington
was the President, and when he enforced the laws
and put down the rebellion with militia force of
$4,000 men-the constitutional army. He quoted
from Gen. Washington's views on that rebellion,
showing that he had the right to enforce the laws
OF the United States, and that he regarded the
Union as inseparabe. He would inquire then
what was the difference between the Federal Gov
ernment enforcing its laws in a part or the
whole of a State? Was it not as competent for
General Washington to enforce the excise laws
against the whole of Pennsylvania as a part p
Mr. j. proceeded to review the notification laws
of 1882, and cited the opinion of GeneraT jackson
at that time, who, us President of the United
States, was bound bv his oath, and did see that
the laws were faithfully executed and would have
used an armed force for that purpose had the time
arrived for its necessity. General jackson acted
just as General Washington did in a similar
case. As to the present case, he would inquire
II the Federal Government had not the power to
enforce its laws in South Carolina as much as it
had in Pennsylvania, Vermont, or in any other
State? lie thought it had, and notwithstanding
the ordinance of secession which South Carolina
might pass, it did not relieve her from her obedi.
ence to the laws of the United States, or
from the compact which she has entered
into. The compact reciprocal If
South Carolina drove the Courts of the
United States out of the State, the Federal Gov
ernment had the right to reinstate them there. If
the State resisted tho passage of the mails, the
Government could insist on their protection and
with the collection of the revenue If that State
captured the forts of the United States the Fede-
raj Government had the right to retake them. If
that State did all OF these she was clearly in the
wrong, and it was the duty of the Federal Govern
ment to see that the laws were faithfully executed.
But in December, 1908, South Carolina ceded to
the United States all of the forts and the lands not
exceeding twenty acres, on certain conditions
which the Federal Government has faithfully com
piled with. After this deed of cessi0n, had that
| State the right to expe the Federal Government
from its own property If she does this she yio-
lates the laws of the United States and within the
meaning of the Constitution, levies war, and this
| was treason! But some one had said that this was
not the Revolution, but Patrick Henry had also
said, of this be treason, make the most of it." II
the State expeng the Federal Courts and the mails
did not commit treason, he would ask in the nam 10
| OF the Constitution of the United States, whal
was treason? 1t treason and nothing but
| treason; and if one State can do this there is nc
! Government. Madison, Jefferson, Webster and
| W ashington had denounced this doctrine: and i
South Carolina set up government for herself anC
made an alliance with European powers, and has
interests lElmlcal to our own, she could be con
quered by this Government and held as province
Kisses and applause.l There is a statute of Con
gress which declares that the General Government
looks with suspicion and distavor on the acquisition
of any territory within the limits of tht
United States by any foreign power. Ye
if State secede she becomes a foreign
power within our borders. He proceeded t.
cite the cost to the Federal Government o
the States, some of which desired to Sc
cede. Florida, which cost the United States mil
lions of dollars in her purchase and in the driving
out OF the Indians, now threatens to withdraw iron
the United States and leave nothing for all of thi
wealth which had been expended ON her. Again
before Florida and Louisiana became States the,
were Territories of the United States and if the
withdraw from the Union what condition woul;
they assume in such withdrawal? Would they b
States out of the Union or would they be mere
Territories, as before their admission? He contn
ued to argue that all of the States had acquire
territory, not alone for the benefit of the ney
States, but for the benefit of all of the States \
State so acquired could by secession rob them c
the benefits so acquired. Could Louisiana take ou
of he Union the mouth of the Siissssippi?--Mr
SLlDELL said that Louisiana would under no cil
cumstances stop the free navigation of that river
Mr.. j. repiedthat he would be unwilling to have th
mouth OF the river outside of the Union Tn
principles of the Ostend Manifesto and of the Nor
roe doctrine did not permit the secession of State
lie alluded to the position which South Carolin
had assumed towards the Border States by hen
ming the slaves of those States within their limit
and preventing the inter State trade. This h
believed, the policy of the Abolitonists to e2
.inguish slavery, and if he were one he should az
tvocate it; for the quickest way to abolish SLAYER
was to dissolve this government. MIR. Johnso
proceeded at length to cite extracts from Soutf
ern Journals, showing that the writers favored
monarchical government He thought that tn
South, before they left this Government, ha
better consider what kind of one they were goin
into. If there were evils, had we not "be
ter bear those ills we have, than fly to other
we know not off" He intended to stand by tn
Constitution, and to act in and under it. He did nc
intend that the violators of the ordinances of tn
constitutional house should drive him out. He in
plored all to stand by the Constitution as it is, an
to comply faithfully with all of its provisions ID
trusted that the Constitution and the Union woul
be preserved as example to the nations of th
earth. They were the palladium of our liberties
the sheet-anchor of our safety. But what wt
] South Carolina going out for? Was it because 81
, could not carry slaves into the Territories? HI
Senators had voted that at the last session no n
cesslty existed for such protection--Mrt DAFl
A They voted for the resolution to protect.--M
JoHNSoN-Did they vote to protect no,c?--M
DAYlS-lf the Senator proposes to play on tn