Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1861-05-24
9aiIg appeaI.
REPORT OF THE
Committee Oh Federal Relations Of the
Maryland Legislature,
IN REGARD TO THE SAILING OF A
SOVEREIGN CONVENTION.
HEP0nr OF rag


were referred the message and correspondence
of tie governor, the bill calling . sovereisl
eonventioni etc. e-e.s ask leave respsctiulll
to report, as folioWs;
The message OF his ezcsllencv. the governor
demands the consideration Of the legiflatur
ron tEo pc nte of view-frst, in regard to ~
sfste of public shairs which it disclosess an,
seoondiy, aB 20 The remedy which Il suggests
10 the people Of TIE State for the psrilous con
tnEenctes fsRlch surround them.
50 far a. we can sscertain lhe views Of thi
governor, from the brief pressntation o. them
which he haste Of our msniing had a. b.
states, permitted him TO make, it appssrs tha,
be rtgar3s the circumstances which have
usnsPrcd si1-s The attack upon The Mssss-
chusetts regiment IN Baltimore, on the 18Th Of
April, as constituting an the facts to which &,
is necessary your attention should be drswa.
Your COMMITTEES. OF course, recognize the pro-
priety Of avoiding at this moment an unneces-
say recurrence to discussions which have al
ready been far oVerstepped by the rapid pro-
gress u events bat they fDd Il, at the same
time, quite impossible to DO Justice 10 the cues
tions before them, without a frank and expli-
eit reference 70 az least portion Of the public
events which had preceded and were 70 clogelv
connected with the occurrences alluded to.
The President Of the United States. bv bis
procisuation OF the 18Th Of April, had called
upon portion Of fhr States to place at his
disposal a body Of militia, to the number OF
seventy i've thousand men Tue proclamation
vas directed against the people of the newly
formed Southern CoHftderscv, and it's purposes
and policy were obvious. although fts terms
were technically shaped IN enaformftv with
the act of Congress Of iToa. It recited. with
formal precision, in the language Of the act,
"Ihst the Laws Of the United Statss Bers or
posed, and the execution thereof was obstruet-
edn IN the seven seeded States, abv conhina-
tor 70 hn 49,
dinsrY course OF judicial proceedings, or by
powers vested 10 the msrshals," and Il called
forth the militia Of the other StateE, in the
further language Of the statute, ssto suppress
Hueh combinations, and to cause tie laws to
Be duly sxecuted.n
n pursuance o. suothsr section Of the law,
Il then commanded f'the insurgents to dispsrse
and re.ire peaeeably to their respective
Rbodes7 within twenty DAYS II there is aay
proportion clear beyond dispute, it must be,
that Il the occasion which authorizes the
President TO call out the militia, under The act
OF 1925, existed az all, il wsG declared, BY the
explicit terms Of the proclamation, 10 exist
only in the States Of tbe southern C5nfsdsra-
cy, which were therein enuEeratad. It is
equally indisputsble, ss matter Of Law, that
tie militia, II called out lawfully at az, were
lawfully empowered to execute the laws and
suppress unlawful combinations in the seven
States named. aud in none other.
Such conclusion q law is not only 05vi-
ouz sd Unavoidable, as matter of co1strlc-
tion. but equally to be insisted upon IS matter
OF principle and SELF protection on the part Of
the people; for toe exercise 0f She military
power. In free government, is never 10 be per-
mittsd, except withia The limits and under the
seTsrsst restrictions and checks Of the Law.
II President uf he United S-stes, under the
fraudulent pretenre Of supprsssing unlsWful
con ubinstious Louisiana and Florida, could
Be ssrmltted 70 call out troops, to be used FOR
any purpose IN MarTisDd OF Virginia. no soil
OF any State would be free from invasion, ard
10 right Of the citizen anywhere wog'd be se
cure against overthrow.
t was Dot, however, because Of any sppre-
hsnsion that the militia which were called out
bv the Presideft Wozld be used iH any other
shan 5esiEnateS quarters. that the proclaana-
afon created an intense snd immediate excite
raent in The Southern and border slave states.
On The coutrarT, II was the very pcrH0se an
uBuu-sd hv Mr. Lincoln which kiHdlgd so in
tsnssa fame Of resentment and resistance.
H-s urocl nation ia regarded as declaration
Of war against the Southern C0nfederscy-as
a daTbsrats summons 20 the people OF the two
sections. into whics bis party and it8 urinci-
rlrs bad 80 hopsiess!y divided fbe land, 70 shed
each others bi0ot, in wsntonHess and hate.
A scheme 80 full Of WicgsdEess-sc utterly
s1bvsrzive OF every principle upon which cur
,-olga tha fassruc ion RI that Government, let
s-l- ss-ssae r. trr-r i-zsshsti il uigAt-cuuld not
sut excite almost 70 frsBzr, every feeling o.
these Eho sFmDathisti with tie peopls against
whom F. was fuininaied. Independently, too,
OF is wsnfsngsss snd iahumarity, it vas felt
and Known to be gross viois ion or the Con-
rtff,4f,on and without color of lawful author
ftv. TIE people Of tue seeded states, whether
.ronstitutionaiiF OF unconstf fu'ionally, bad
.ssnzrsted theusslves from this Government
and -sta lished a FEDERAL Government 81 their
cen. with an The forms of q Constitution and
~ ~. subvtantisl attributes n actual inde-
n.pdsrce. Through their constituted author-
ities and in thzir cOiisc i've capacity, a. COM
snu7itiss, they hsd withdrawn themselves frcm
~. Vnion-repuiisted its laws and excluded
IN. orFcerE. OF an sorts, from the exercise of
sU frnrtiots and Jurisdiction. The United
Sat Government no longer bad among them
either courts 70 Issue, or narshals 10 execute
TTev had substituted their own courts and
fs.fr own PROCESSES 20 which they yield cheer
- obarience The authority of the Federal
e-ov.rn,neut was in fact dead rithin their lin
80 They were IN an attitude towards it. not
,,-iv of independence, hut of forcibe resistauce,
so-.bsv had repealed the assertion Of its az
- ,-ff,- over any portion Of their soil, and bad
,e5 for tbeir own protection, one u ita
cons witbia their borders The Con-
s.5.-.f. (,orsrnment and that Of the United
$500 vrsre. 10 sne, baligerents, engaged In
.rfasl. though undeelare1 war, and win ail
st-5-tf- srs responsibilities which is gives
llsi.s.sils This last is nonS the less true,
s-.-.. ~ their being engaged In civil war,
-, "a iils arv Other war, when waged
III -igii;zed people. Vatt-l defines tbs re-
l..-'. ,gbirF exist in snch cases in terms too
- =, IL r,isundsrstood, and TOO vel reeog-
-,i7.s 70 be disputed.
a civil waT," be says, "oreaSs me bands
% society and Eofernnenl' OF d. isas. ses Penas
ct..- f,rss ard effect. It produces in the pa
-, 40 independent parties. who consider
- ctb.r ~ enemies, and acknowle3gs no
,on ;ndee. These two parties, Therefore,
- --..ssg.ariIv Be considered as tbenceior-
.5 -,1-tituting, at least Ter time, tTo sep
-st. b,sier. two distinct socseties- Though
-. n he zsrtiss may have beel 70 blame if
Sn5 Sn5Lg. n si..-.nitv OF the statr and resisting
tbs Iawfl authority, lAey are I2S .ls - Z.
95.s 4, fart. Besides, who shall judge them:
W. .bsIl urorounes on which side the righ
,rrore lies? On esrih theT have NJ
,.r s.nrrior. Tbey stand, therefore, .
t-..s,.i, tfs same prsdieament as Two nation
..,-a-e ia a contest, and being unable e
-.fo IN agreement. have recourse 70 arms
n. tel. book 3, ch- -, sec <sS
T, sttsnpt TO spply, under such eirera'ssal ?
10 bsiisverent people, an act Of Con
eesl .-s,irb was meant as domestic remedy
Eiels' "a -t,-ii process and 10 secure obediene
~ ~ rrs see ssadsr Jaaieisi proceeding-I
e+.tc. stIW recognizing tne authority OF o.
Tr-ion ana the Jurisdiction OK lls Tibunais-
-, 10 trife With The understandings ot ednca
[s., To Issue a proclamation 10 thr'
.-rs--- - -fr.s Americans. composing sevsl
.-F,t efatss~ sud ssser1ng the sacred sn
s.s.s.ili. right of seH government, wiz
ftsir hands. sE| "commahd" them a
ss.-,,-5snts,' 70 aretirs peacssbiy TO heir re
-. sbe5ss. . Ike mob sta street -ornsi
,Eas an shsuFdity too gross 20 be here respect
frIfv discussed
~. -o-rrrrrnt would venture 10 psiz Euc
issnositiou upon pel7is. except in th
III ssrursd eoufdfnee on absolute poWel
80. Al The rsssioBste excitement Of The mo
5 ~. President forgot even the faggaa
-. - ,oiitie decorum, and did not heg'tst
.l-ress sil possible constitutional limits
- -,.fess purpose OF aEimosity end r
-.nvs. bv distinctly eal.ng on tne peopl'
El-, - sumuoaed TO tlo heiei so redIes
vr-orFs siresny iong ehnlsn eh''afra--
.l-.-zfiop, theTefore, rnesnt g sri End nota
- - i couid signify nnihing eisi
ts-ftsrnt 70 cloak its meaning and pui
.,srr ftp fimBY p'steEt ~ "eKecuti1
- asuppressilg unis ufll caubl
80 xss bHf 20 cover v hsErant gsui
ton With WorcA
-,t.er tbs Conat t.tuticn nos TIE laws e "a
f.ea c4afee Cfn &c - Ni1a liliu l1Ll g-i siH
- r.sRinr pover uPsa bs President
..irgsrev. Where fSreitn nations sr
,s-ne5. ths plsin langags II the faaai
- law sptrusts il to Congress only. A
-, - siates OF the Uaion TIE possisiit
fbirp ie not tVsn contemplated
-, provided sor Like psreids I
-, ii va held 90 heiaoss and lppossi
-. -snsd. even for the purpose = pen
sat es A. esriy - The hf-h day aftsi %
,-..ss.~ of he convention for the formstio
- 81. rss.Tsl CONSTITUTION, ''ths ass Of fore
o-sivsis eiaie's By The rest Of the Unios. :
oS-t.rristA in ths Pisn of Mf. Rsndoipf
,Vzs ssnounsed bv Mr. hadis0a. ana On D
80, ~. tsssiution providing Ter it vas il
ssirifelv postponed by unan mous assent NJ
w.s;so6 auneuneso Il as hs deliberate opir
5os mar "a union Of tbs ss, eontaini1
- sp ingredient, sseIf e. r5vise for d
SO ssstraesion'' - . )Oi Polis
Frou saat DAY torwaft John s'sl cease
- Be- pars q tht ~ 50 prominent saoi
ths cons,i.a..0e ... ~ ,isonsysar and islf
hsnil = fsent an Investigation bv eist +,
nsn. Both men hays h-sa bs.crs.
very many tlniss fds s>asssai,s a,a
~, hear isskih ~
=