The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-12

raj ,egsiatou Of the country ana repoyate the Pablo
morals OF the land. ] do seheye that this singe
change would do 70 give permanent govern
ment than any other when could be made sut 1t is not
the only check which ought TO be introduced, for
Of the most important objects OF this constitution
left simply TO tf discretion Of tho States. There is
large class u rights for which there is remedy,
70 none-those provisions which are designed
free aud free intercourse between the States
Most them left the States. They pass laws
10 tax the commodities of an obnoxious state / be-
eve IL intended by the trainers of the const
tuition that the States should be in restoring
fugitive slaves know il is in their power OBJ
Eruct and actually to impede the government Of the
United States Now, sir proposed, in order to secure
the proper enforcement Of these rights that the supreme
Court should also be- readnsed AZ TO consist Of
MEMBERS i've from each section the Chief Justice to
pr.ng another State before il, on a charge OF hav.
ing failed discharge its constitutional obliga-
tons and then If the Court found the State TO be in
fault, then, Sir would have, if il did not repair the
wrong that any other State might deny all privileges TO
its citizens and that all the States might tax ts com
merce until It ceased TO be in fault. Thus would
provide remedy without bringing the general govern
ment In collision with the States, and woGd give the
states cases. the right Of denying the discharge
OF any obligation which may have incurred In this way
believe these wrongs might be remedjed, without pro-
complete It should be provided that the Judges of tho
Supreme Court in each session should be appointed by the
appointing power | would give the second President.
have presented in this scheme one which, in my
opinion would adjust the differences Of the social sys
tens to be mutually SAFE II this adopted.
J. for one, would be willing to regulate this right Of
secession which, think, If not right expressly given
the constitution yet results from the nature OF the
compact would agree that State shall be allowed
secede unless by the will Of the majority of the states
of that section Whency er majority Of the States ia
either section said there cause for secession she
could depart But II they said tho causes did not exist
the moral force of such decision on the part Of her con
fedcrates would satisfy the State think system thus
adjusted would enable as to establish permanent gov
eminent, a useful and just government, that would
human institutions. and would enable us to rear
up an empire that would exceed anything to be
that such distribution would not accord with the distri
button according to numbers but this rule does not APP
ply TO confederaces. According to the principle of dis
tribution here, the distribution which now obtains is
unequal II would not be more unequal than that
provision which gives to the six New England states
Twelve Senators and to the State of New. York only
two. There would be nothing Inconsistent with the
decorative principle. II the slaveholdng and the
slayeholdng states were to-day independent conede
racies, and there was proposition to unto them,
would any be surprised II each c0nfederacy insisted
upon such power and guarantees would enable it to
defend its social system to equality and to secure
full individual development? But do mean to say that
this is the only scheme upon which would settle.
truce provided il was long truce, and inca trust 70
public opinion and to truth to make permanent settle
men,. But would prefer that we should now settle
upon a permanent adjustment. ! have founded my
suggestions the fact that Of the States have al
ready withdrawn and that the old Union actually gone
and that there be way Of obtaining Union but by
reconstruction, for utterly repudste and deny the
system Of coercion you attempt by coercion restore
the Uni it would not be the old Unon but very dGe
rent 1t would be Union utterly against the Amcr
principlethe union Of number Of subugated pro
vinces. maintain that coercion were possible Is
not right, and il it were right it is not possible.
think be shown that IL Is neither right pos
sible An attempt at coercion would destroy all hopes
friends Of the Union and the country. II s not be-
leve, because believe in the right Of secession
msnt which has BEEN 60 much better made by my friend
from Louisiana MR. Benjaminl. would merely say
hs 70 mnd M u sn Il DC true tSas
there Is common arbter, and il It be true that
bargain broken on one side Is broken on all
Sides then results inevitably that u Is for the States to
say whether the bargain is broken do not say 1t is
laid down in the constitution but results from the ma
ture Of the compact care not what you call IT, Call
revolution IL you choose If it be revolution It is
ganzed revolution conducted by an organized body,
acknowledged by the constitution II II be revolution
is revolution which is managed by government which
the constitution acknowledges to be legitimate
ment--I the government Of State How then,
this government use coercon2 How does the general
government derive its authority to act in the State of
Virginia. From the people of Virginia and the state OF
Virginia derives its authority from the This
the assent of the people of the differ
States. Then if it be true that this constitution has
| created government which cannot be administered
without the OF the people OF state, it would fol
low that tho constitution has declared by impicaton
that the authority OF this mt rests upon the peo
pie Of State and when that is withdrawn there is no
authority within IL. | say that the federal govern
without the assent and sympathy OF us people II
depends upon the Legislatures OF the different States to
elect members to this body and mso y S Of shs
have lost OF the most important arms Of the govern
ment, and have no longer senate and, IN order to
carry his government, you must have its judicial
functions How you carry on the government in
state without the federal courtsS Suppose State
epoas the law against murder, and II the state should
undertake to obs,ruct the course Of federal justice
this way where would the remedy be in the federal
power this government Would you undertake to pass
penal code Cor the slater Certainly you could not do
that consistently with the constitution for you would
have the same right 10 pass penal codes for all the
States, and suppose the State refuses i,s consent,
where would you get your Custom Houses and your
forrs9 Where would you have the to:us in quo by
and f,rpef .pnc nr
this government? Thus it woaId be constantly in
the power of State TO obstruct and prevent
the administration OF the federal justice and
the federal powers within the limits Of her jurisdiction
Tho only mode which you could protect the ad minis
tra,ion OF federal powers IN the state would De 70 set
rtorial condition. What would be the resulti You
would first deny the right of the state TO secede and
then turn around and secede yourselves from 1t, by
reducing II To the condition of Territory. But say
that coercion is impossible fU IL You attempt 1t upon
OF the States all the slavoholdng States will
rally around IL its assistance, and the idea that
you reduce sevcn ten yes fifteen states, rs Pepos
ferrous. acknowledge you may make war, aud bring
ether could subdue the other ms 10 place It's yoke and
laws upon IT, do not entertain the idea for an instant
How is this to be wagcd2 II would cost you $l00
600 600. You would have 10 sustain II by direct taxa
ton Is tito be supposed the people would bear such
burdens In such thatr believe they might
submit any just taxation defence of their homes
but would they submit 70 such amount Of
taxation for the purpose OF deprivng their people OF
the right OF oelf government And whose would be
the commerce TO be preycd upon not the southern
commerce, Tor that would 60 IN foreign bottoms.
Which section offers the greatest temptation 10 plum
DER Where the cities and the concentrated wealth
Of the community You could not steal our
niggers-yo our people would not allow It. How could
you carry on such war? Where would you dnd
the meansY You could not carry il on for six months
I say, therefore, IL " not possible, by any such
means, coerce the Southern people to submission
know there rs talk of blockade of coest-hat H.
one which would collect the oustoms--uothing more
Where would the ships from which could block
ade the whole Southern coasr But you cannot under
the treaty, collect any duty on exports II would not
bottoms. We might prevent the people from using
anything which not manufactured among them
selves, and thus you would lose your most valuable
customers Would the customs bear half the expense
OF the blockade No. sir. But blockade TO be ef-
fectual be blockade to that which is going out
well that which coming in Is it 10 be supposed that
England would allow this, when the existence Of many
OF her people depends upon cotton II Is not TO
for moment And there other Powers that would
prevent such blockade in addition TO those which