The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-04-25

Quoted i through many perls. generally with great
succe-s- / uu~ enter upon the same task for the
brief Constitutional term 81 four year. uuler great
and peculiar difficulty. Disruption e the Federal
Union, heretD"r" only m"urcei. i- Do" i1rlu.iitg
attempted
h6li. then. ia contemplation q universal Itw
and th~ Constitution, the Union OF tine State, rn r-
p-u-fu,I. I- iupli-i 8. not eErr,-.rl DO rae llIl-
mental "a & lIl national governments. It is safe
90 assert that ID government properly hal = fr,Ni--
ION ~ H. organic law for IT, o~n 'ermiu4ti.E- Con-
tinue o. execute all the express provisions 81 cur
National Constitution, and tine Union vii endure
forever, II being impossible 70 destroy o., except by
some action Irr provided or IN the instrument itself
again. % tine United states Dc G.- Government
proper. bat ln l--le.ltou % ~fLtsz boo rle u.-IEe %:
q contract merely. can TO- as 70 contract. D. r".r-rHty
uumli-, uuI--- ry 20. iIe TIrtIr- wL. made Or. one
party o. 70 contract may violate b., -J 90 PEEK. but
dp-- 90 not require AL % lawfully r,-clUi s: De-
-crLIIuE from THESE general principles, we rad the
proposition thlt 10 legal contemplation the Union j.
perpetual. confirmed by IT, own history 4ne tni3E
j. much older than the Constitution 10 va formed IN
fact bv the articles q the l--lcaluul Iu ls4i-.t was
mlfurpI AMI c.utuueI uy the Declaration II indie
peuIcuc.. iu 1910: :; Wa further mlturel on the
faith 81 all tue then thirteen States expressly plight
81 uuI engaged that % should be perpetual, ry the
article q confederation, .u l71o and finally in l7o7.
one Il the declared objects for oririuing and e.
tabIi-Iiug Constitution was 10 form = more perfect
Union II follows from these views that no state,
upon It's own mere motion, can lawfully get out 81
the Union; that resolutions and ordinances 70 that
effect are legally void; and that acts u violence with
m any states against the authority 81 thc thltei
States, are in-urrecrionary or revolutionary, accord
ing % circumstances. I therefore consider thI-, IN
view 81 the Constitution and laws, the Union j. IN
broken and, 20 the extent o. my ability, shall take
care. a. the Constitution itself expressly e~njoIus, that
the laws u the Union be faithfully executed in all the
States.
Doing this 7 deem 10 be only a simply duty on my
mart. and I shall perform IL 30 far A. practicable. un-
les my rightful master, the American People, shall
withhold the requisite means, or in some authCrlia-
Z We manner direct the contrary | trust this viii
not be regarded ~ = menace, but only rs = deciara-
I on Of purpose Of maintaining the Union, and that
the Constitution will defend and maintain itself.
II doing this there need be no blOuished or violence
and there shall be none unless II he forced upon the
national authority.
The power confled TO NE will be used 70 hold, &C.
cupy. and possess the property and places longing
10 the Government, and coIiect iuties and impOsts, but
beyond what may be necessary for these objects, there
Will be 10 using Of force against ct among people
anywhere. Where hostility 10 the United States, IN
any interior location, shall be 30 great and 30 uniyer-
sal A. 20 prevent competent resident citizens from
boiling Federal Offices, there Will be no attempt To
force obnoxious strangers among the people Tor that
object.
While the strict legal right may exist in the Gov
eminent To- enforce TIE exercise of these Offices, the
attempt To DO - would be 50 irritating and - nearly
impracticlble withal, that | deem it better To fursso,
for 4 time, the Use Of such Offices. The mails. unless
repealed, Will continue 90 be furnished IN all points Of
the Union. - far - possible, the people everywhere
shall have that sense Of perfect security which Is
mos ILFtllIlE 10 Gl4Iil thoughts anu ltU'cllIu--
The course here indicated will be followed unless
current events and experience shall how u mOiiica-
ton or charge TO be proper, and in every case and
~exigeucy my best discretion will be exercised accord
ing to circumstances actually existing. and with "a
view and 4 hope of a peaceful solution OF the nation
al troubles AMI the restoration Of the fraterual SYM
pafhies and affections.
That there are persons in one section or another
who seek to destroy the Union at all events, and are
glad Of any pretext 10 DO it, 1 will neither affirm or
deny, but If there be such | need address no words to
them To those however who really love the Union,
may I not speak before entering upon 30 grave a matter
a the destruction Ut cur national fabric with all IT. be-
nefts and hopes. Would IL not be wiser TO ascertain
previously why We do and will hazard 30 desperate a
step. while there y any possibility that any portion
Of the Ills you fly from have no real existence VIII
you, while the certain ills you fly 10 are greater than
all the real ones you fly from, risk the commission Of
so fearful a mistake All profess to be content in
the Union II all constitutional rights can be maiu-
tained.
Is it true that any right plainly written in the
Constitution has been denied | think not. Hap
PLY, the human mind - 30 constituted that no party
can reach to the AudIcity Of doing this thing. Ii you
can offer a single instance in which a plainly written
provision Of the Constitution has been ever denied
If by the mere force Of numbers u majority shall de-
prive n minority Of any clearly written constitutional
right, It might in n moral point of view justify u
revolution. II certainly would, If such a right were
a vital one, but such is not our case. All the
vital rights Of miECritie5 aud individuals are 50
plainly assured by the afirmatiOns and uegations,
guarantees AMI prohibitions IN the Constitution that
controversies never arise concerning them.
But no organic law can be framed with a provision
specifically applicable TO every question which may
occur in practical administration; no foresight can
anticipate, nor any document Of reasonable length
contain express provisions for all possible questions.
Shall fugitiyes from labor be delivered or surrendered
up by national or State authority ; The Constitution
does not expressly say May Congress prohibit
slavery in the Territories The Constitution does
nt expressly say. Must Congress protect slavery IN
the territories: The Constitution does not expressly
say. From questions OF this class spring all our
controversies. and We divide upon them into majorities
and minOrities. If the majority must rule, or the
Government cease, there is no other alternative for
continuing the Government. but acquiescence On.the
one side or the other. II a minority, in such case,
will secede. rather than acquiescc. they make i
precedent which III turn will destroy them.
For instance, why may not a portion of 4 new con-
federacy, a year or two hence, arbitrarily secede
again, precisely IS portions of the present Union
seceie from it, All who cherish disunion sentiments
are now being educated to the exact temper Of doing
this Is there such perfect identity in the interests
of the States 10 compose n new Union rs to produce
harmony only, and prevent renewed secession p
Plainly, the central idea of secession l. the essence of
anarchy. \ majority held in restraint by coustitu-
tional checks and Limitations, and always changin
easily with deliberate changes of popular opinion and
sentiment, II theOnly true sovereignty OF a free people.
Whoever rejects II does Of necessity ty 10 anarchy
or d~espotism. Unanimity Is impossible. The will
OF u majority a a permanent arrangement Is wholly
inadmissible, 20 that rejecting the majority principle,
anarchy or ~lespOtisn in some form i all that is left.
,.I : - ~. - ~, ~. T. T. ~ Gl.aI >i' hy ,t ~ nm IN ,n ,o ,-s' nu-
do / deny that such decisions must be- binding. in any case,
upon the parties L, a suit, a. To- the object Of that SUIT. While
they are as" entitled q" a very high respect AID consideration
in a parallel ca~e and by all other departments % the Gov
erument, AMI while IL i obviously possible that such decisions
may be errDu-uu, b. any given course. still the evil effect fl
lowing il being limited . that peculiar case. with the chance
that % may b. Oyrrrulcd and never heruus a precedent for
other eases. can better ~ horuc than could the evils II a differ
ent practice, fcharacterD At the same time the candid citizen
must confess that II the Government upon vital questions. A.
f-ctiuS the whole people j. - b. irrvvocahly fixed by the de
ci-iUu % the Supreme Court te instant they are made. m or
binary litigation between parties iu personal action the people
will have ceased % b. their own rulers. having % thar extent
practically resigned their government into the hands II that
tribunal nor : there TI this view any assault upon the Court
or JUICES. II Is duty firm which they may not shrink o.
decide cases properly brought before them, and II j. u1 fault u
thrr- II others seek % turn their decisions a. political purpo-
- One section = our country believes slavery = right aud
ouch. % D. .N--u-.l. a---. u ----r L--.E-. o b. Er-.E .nl