The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-01-11

!
The defences of the nation. erected at ex
pense out of a common treasure, for the protection
common rights, being seized Our glorious natona
airs hssed and derided under its authority. The flag
the glorious flag that yielded foreign foe
shameessly being dishonOred torn to pieces rodden
the earth by the yery children Of the fathers who ado
it, went brothers together to hattleto death and
victory under its inspiring sacred folds and bequeathe
it as the emblem of a common brotherhood, a commo
destiny and a common freedom-a doctrine leading t
such consequences cannot be true. Our great patriot
dead never could have left such doctrine to 1t
that very vice existing in the Confederation, and oun
to be leading just such results which they designed
correct and annihate by the Constitution. CompaC
league power only to be eXerted upon States tina
vice? Is this, in spirit of their purposes, and what the
evidently supposed they had accomplished, still in tn
| Constitution?
Wiser, greater men, accomplished statesmen, hav
never lived before since. How could such men hav
made such failures? The question almost itself
The very supposition ISLANDERS their memory But til
work ITSELF in almost every line of it, demonstrates its in
justice I'D a1surdity. "A more perfect Union Is state
in its very first line to be its object Justice for all
domestic tranquility for all, 'the defence
"he general welfae,n stated the ends of suci
Union, and as the Of securing it, say we, tn
People Of the United States, not of State, but
all in the aggregate "do ordan this Constitution for h
ted States of America not for the States separately
but for all not league compact, but Con
sttuton, a Government
And then mark its power BY the first section, first ar
tcie a legislative powers herein granted are vested
IN Congress The power to lay and collect taxes, duties
mpos and eXecses. paw the debts and provide for the
common defence and general welfare of ALL with dis
tncon limit to the first and other to the rest
but that they be uniform throughout the United States
granted the power 10 borrow the credit of ALL to
regulate with foreign nations among the States
and with the Indian tribes: to coin money and regu-
late its value, to punish certain crimes, treason in
cluded against United States;
and support armies provide and main tain navy,
provide for calling the militia to execute the laws of the
ganzing &C. the militia and variety of other powers
in their nature exclusive, and wholly Independent OF
State power sovereignty exered in mode whether
by State or people, are granted.
Al Executive power too, is vested in the President
State authority and all judicial power in Judiciary in
and over every variety of involving the authority of
the United States the ndv idual rights of person and
property and obligations of the United States intended
to be secured imposed by the Constitution and finally
powers are ali to be enforced not on tn. citizen
through his State, but upon the former, directly.
1t follows, consequently, that the offending citizen
cannot rely defence State power. His responsible
y is to the United States alone. His allegiance, his
paramount allegiance, out of which the responsibility
springs as to all these powers, is to that Government
alone His State cannot legally protect him stand in
his place Her prior sovereignty as to this vas extin-
guished by the act of the people in adopting the Conttu
ton never again to be reserved under that instrument
state or the people OF State might attempt its over
throw, but the attempt is treason if made with force it
being "levying against the United States,' an
act defined to be treason by the third section of the ar
Gle.
But it has, in these degenerate days. recently and
in Congress and with great gravity and apparent conf
dence been insisted in support of the right secession
that secession in fact places State out of the Union
there is power in the General Government to punish
1t in advance redress il if done because it has pow
that not granted and the power to make up
State is not granted
that being remedy exists would this justify
the acts? That the State and her people sub
ect to all the obligations Of the Constitution is clear
Its legislative and all its Executive and judicial officers
are in express terms bound by oath to support the Consti
tuition
This oath fulfilled by secession That
ally violates and destroys instead of supporting She
has, too, incurred under liabilities in with her
sisters These have been contracted by all and for all
Treaties made debts contracted Notifications
senalS yards, custom houses. capitol
tive mansion court houses and other public buildings
h0uSps a puO eN-
pense with the money of all for the benefit of all I'm
territory has been acquired in the way by
sion of these treaties and debts? Does she take with her
any, and if any, what interest in the public propety?
That which is within the limits of the original State
acquired with the consent of EACH and which, under the
very language theConsttution only makes it
forth the property of the United States but clothes them
with the right of exclusive legislation it.
Thenceforth such portions of her territory ceased to be
hers and eectuay if it had been within her
limits and became go in$tan the cession and the sole
territory of the United States and liable to their exclu
sve legislative power. The State after this has inter.
it. except she is State of the Union and only
so long as she remains within an act attended by such
results to her sisters and herself absovng her from
sponsiby from joint contracts and deprving her of all
interest in property and joint acquisitions and defence
necessary to her protection finds warrant in the Con-
stitution-none whatever 1t must therefore be wrong
and illegal
Admit then that the Constitution is so defective as to
be forced to submit it, does that prove the right
legal Its iesality, its gross violation of duty its per
jured violation on the part of those who under
oath to Support the Constitution not the less
surabe and illegal because there be provision for
its punishment. Is there obligation in duty Is
rality a vrtue-immorality crime? Is patriotism
empty phrase? Is treason the less bee
there is no law tribunal competent punish
Y Let the world judge, it will the teacher Of such
doctrine Do You doubt its gment? Then good men
NAV for time lash themselves into passion overwhem
reason, and give themselves up the widest license
but Heaven is just and AS opinion is enlightened the
victims of the madness of the hour will the est
which the civilized world will place upon their
duct and shrink with remorse from its sentence.
But the Constitution is not thus fatally mpoent 1t is
true that it contains power to declare against
State, but it has power for the execution of the
laws and the enforcement Of their penalties. 1t goes
against the individual offender 1t makes appeal
State power proecit For that end is selfsus
ing it is its protection II the State places itself
between the United States and the offending citizen, and
attempts shield him by force of arms, it is she who
declares upon the United States the United
States upon her In such contingency, the force used
by the latter and which they have clear right
i not in attack but in defence war, but the ghtful
vndcation of rights against uniustfable and illegal
! saints.
1t is further maintained that light to secede ac
tualy exists because though be wrong it is that
be punished through the only legal proceeding
known to the Constitution, and for this the 9th amend
is seriously relied upon. That provides that 'in all
criminal prosecutions the accused shall enjoy the right
speedy and public trial by impartial jury of the State
and district wherein the crime shall have been commit
ted' &c and it is said that in seeding State,
Judiciary OF the United States is abolished by State
power and her people with her in feeling by their
allegiance follow her. whether approving her course
not there can be no such trial as the Constitution
| to the offender.
If this is So and remain So does it dvest the
United States of the admitted to exist before
sion, of arrestng the offender and holding him until he
be tried The clause assumes, is always the
arrest accusation first and trial afterwards The frs
be made peaceaby if necessary, by force Sup
pose done Is it illegal because the right a speedy
trial be enjoyed? If not, why not? The
not with the United States but with the State under
whose usurpatiOn the party has offended She by hel
act has deprived him Of the right Is he to be discharged
on that account. Novel doc rinel The State commits
treason against the United States all her citizens par
| tcipate in it, the Courts of the United States are
closed the Judges eXiled The people prohibited BY
force, from performing their duties The offender
and for that only, be tried. The is clearly
revolt and yet it is said that that very treason and re
volt in which the party accused is actor entities hin
to impunty because the very crime itself deprives hin
of the right to speedy trial in the State where he per
prtrated it.
To such of my professional friends as may be presen
put it to if they think ground like that in III
judgment of the esteemed and able Chief Justice of tn
United States would support application for a habed
corpus. Would any of you, regardful as know you
of your reputation venture to make it And yet Sena
tors have yentured to make H. Truly has it been said
| with what little wisdom is the world governed.
Further, what is true of treason equally true of
other crime, and is applicable alike to States and tn
United States. Nearly all if not all of the Constitution
of the former contain provision that the offenders
tried only in the vicnage where they charged hav
fences be perpetrated with impuny-if from loca
partiaty prejudice, fair trial cannot be had Gam
bling houses cockfighng, racing may be Fashionable
amusements, though prohibited by law. The law i
violated-the oa-nce of constant occurrence-th
whole country sanctions it, deem the prohibition tyran
cal and puts it at defiance. Has the State right to
force it? No, the perperaorno, says moderr
ursts The right to punish is gone because the powe
to punish from the very prevalence and fashion of tn
crime does not exist trial only be constitutional,
had in the couQy district where the offence is commit
ted and there Il be had, there all offenders
and they will not sanction suffer its punishment.
What do we know has occurred? The United States by
the very letters of the Constutonare authorized pro
hbit, by punishment the African slave trade. They arr
also empowered in order to preserve the peace of tn
country and maintain its honor to restrain citizen
from warning upon other nations with whom u
peace Laws for both purposes have long existed
their consttutiOnalty questioned The trade ha
nevertheless been carried on, and hostile enterprises
on foot. The parties have been arrested.
In indictments could not be OBJ tanned
impartial, honest grand jury could not be found II
Others impartial jury for the cause, could
be had In others, the offender has
cued The power to punish, therefore, in these
ces did exist The citizens of the only legal plac
for trial and punishment practically set naught tn
laws. They acknowledged higher law. They though
the slave trade morathe breach of the nationality acts
patriotism The extended the of favored inst
tuition and in time would Christianze the victorious
the other extended the freedom and in time wou
make liberty universal.
But the acts Notwithstanding crimes, and shoul
be punished. No, say our modern constitutional ex
Founders No, say Senators They crimes, what
may be the law the Statute book because there
potential legal mode to try and punish them the
machinery of the law in that particular is defective tn
whole vicnage being tainted and participating sym
pathzing with the offence and offender impunity Sc
cured, and impunity converts crime into virtue.
As we'll might the thief or murderer who cunningl
steals kills to escape detection rely upon his
ming moral and legal justification. The whole theor
shocks common sense 1t is not punishment which make
the crime 1t is the wrong-the illegay of its perpetr
tion. The question of punishment arises after. TIL
crime is committed and exists wholly irrespective of sui
sequent detection md punishment. IT. then, secession
crime-s treason against the United States-it will r.
main forever whether the latter succeeds in dean
with it as the law requires or not.
= MIR. Johnson time and again interrupted b
applause, and the sentiments of the speech were el