The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-05

Reso,ved That the maiotsance inv,,a:s If .he rights
81 ths Stat~s, ana esotcay the right " h 3tste
ns oWn judgmeut exclusively, IN essential 20 that
balance os shch the perfection snd onur Ance
Of political fabric depcpo and we deno,noe tho IA
ss nvasion by armed Tor 70 of The soil Of any .ae or
Titory no matter Under what pretext tho srayest
Of crimes. st 4s.4
now reiterate theae sentiments, and in doing so
J only press apon the public attention the most
conclusive evidence OF which the case Il suGcepti
BILE, that the property, peace and security Of do
section are TO be in anywise endangered by the
now incoming administration. 1 add, too, that all
the protection which, consistently with the consti
tuition and the laws can be given will be cheerful
ly given to all the States when lawfully demanded,
for whatever cause, ss cheerfuy to one section az
to another.
There is much controversy about he delivering
up ~ fugitves nom service or labor. The clause
now read s "a plainly written in the constitution
as any other Of its provisions.
No person held 10 service or labor m ono State nrder
sSsns - sn, sas a. aS an9nss % sonss
from such service labor but shah be- np On
claim Of the party TO whom such service labor may be
due.
II s scarcely questioned that this provision was
intended by those who made 1t for the recaiming
of what we call fugitive slaves; and the intention
Of the iawc'vcr IL the law All members Of Con-
gress swear their supportto the whole constitution
to this provision as much as any other. To the
within the terms Of this clause, shall be delivered
up" their oaths are unanimous. Now, if they
would make the effort in good temper could they
not, with nearly equal unanimity, frame and
pass law by means Of which TO keep good
that unanimous oath. There Is seme difference Of
opinion whether this clause should be enforced by
national or by State authority; but surely that
difference is not very material one. II the slave
is to be surrendered it can be Of but little
consequence 70 him or to others by which
authority il is done. And should any one,
in any case, be content that this oath
shall 60 unkept on merely unsubstantial contro
law upon this subject, ought not all the safe
guards OF liberty known in civilized and
humane jurisprudence to be introduced, so that
free man be not, in any case, surren-
well At the same time eA' to " r provide de
by law for the enforcement Of that clause in the
constitution which guarantees that "the citizens
Of each State shall be entitled to all the privileges
take the official oath to-day with no mental
reservations, and with no purpose to con-
strue the constitution or laws by any
bypercritical rules and while l do not
eress as proper to be enforced, do sug-
gest that ii win be much safer for ALL both in Off
cial and private stations, to conform to and abide
by all those acts which stand unrepealed, than to
violate any Of them, trusting to find mpuLity in
having them held to be unconstitutional.
It is seventy-tw0 years since the first inaugura-
ti0n of President under our national constitution
During that period ffteen different and greatly
distinguished citizens have in succession admins
tered the executive branch of the government.
They have conducted it through many perils, and
generally with great success. Yet, with all this
scope for precedent, now enter upon the same
tack for the brief term Of four years,
under great and peculiar dsciculty. A disruption Of
the federal Union, heretofore only nenaced, is
now formidably attempted hold that, in con-
temptation Of universal law and Of the constitu-
tinnN Nh0 nj NJ fhou Afota ia al Dov-
petuity is implied II not expressed in the funda-
mental law ofal national governments II ia safe to
assert that government proper never had provis-
ion in its organic law for its own Termination.
Continue to execute a ] the express provisions Of
our national constitution, and the Union will en-
durc forever, IT being impossible to destroy it ex-
cept by some action not provided for in the nstru
ment itself. Again, If the United States be not a
government proper, but an association of States in
the Daure Of CONTRACT merely, can il as acontract
be peaceaby unmade by less than all The parties
who made iu One party 20 contract may violate
it,break i, 50 to speax-but does il not require
Descending from these general principles, we
find the proposition that, in legal contemplation,
he Union Is perpetual, confirmed by the history
Of the Union itself
The Union is much older than the constitution.
1t was formed, in fact by the Articles Of Associa-
lion ia l774. 1t was maturei aud continued in the
Declaration of Independence in l776. Ii was fur
er natured and the faith Of all the then thirteen
-taies expressly plighted and engaged that it
should be perpetual by the Articles OF Contedera-
ton in i77s; and finally in 1887, one OF the declared
objects for ordainiDg and establishing the constitn
ton was to form more perfect Union. But if the
destruction Of the Union by one or by part only
Of the States be lawfully possible, the Union is less
than before the constitution having lost the vital
element of perpetuity.
IL follows from these views that no State, upon
its own mere motion, can lawfully get out OF
the Union; that resolves and ordinances to that
effect are legally void, and that acts of violence
within any State or States, against the authority
of the United States, are insurrectionary or
revolutionary according 70 circumstances.
therefore consider that in view Of the constitution
and the laws, the Union Is unbroken, and to the
extent Of my ability shall take care, az the consti
tuition itself expressly enjons upon me, that the
laws Of the Union be faithfully executed in all the
States. Doing this / deem to be only simple duty
on my part shall perfectly perform it, so far as
is practicable, unless my rightfui masters, the
American people, shall withhold the requsition, or
in some authoritative manner direct the contrary.
trust this will not | Q regarded as q menace, but
only as the declared purpose Of the Union that 1t
will const,tutionally defend and maintain itself.
In doing this there need be no bioodshed or vio-
ience, and there shall be none, unless it is forced
upon the national authority. The. power con-
fded to me will be used to hold, occupy
and possess the property and places be-
longing to the goysrapsnt s, and collect ct
necessary for these objects there will be no inya-
sion--no using Of force against or amongst the
people anywhere.
Where hostility 20 the United States shall be so
great and SO universal as to prevent competent
resident citizens from holding the federal Offices,
there viii be no attempt to force obnoxious
strangers among the people that object While
the strict legal right may exist Of the government
to enforce the exercise of these offices, the at
tempt to do 20 would be Irritating and 50 near
ly inpracticable withal that deem IL better to
forego for the time the uses of such offices.
The mails, unless repelled, will continue to be
furnished in all parts Of the Union.
SO far as possible, ,'the people everywhere shall
have that sense Of perfect security which is most
favorable to calm thought and reflection The
course here indicated viii be followed unless cur
rent events and experience shall show modidca-
ton or change to be proper; and in every aud
exigency my best discretion will be exercised
accordingly TO the circumstances actually exist
ing, and with view and hope of peaceful So
luton Of the national troubles and the restoration
offraterBaf sympathies and affections. That there
are persons In one section or another who seek 10
destroy the Union at all events, and are glad Of
any pretext to do II, win neither affirm nor de-
ny. But II there be such ! need address no word