The Placer herald., 1861-03-23

! pcTllS, gcHcroliN Win 9fc;t success. HOW cUtcl
| upon the slinc task for the hrief nsttutlonal
term Of four years. under great and peculiar diff
Guilty. Disruption Of the Federal Union, here
totore only mentioned. is now formally attempted.
| hold then in contemplation Of universal law
and the Constitution the Ulion Of the States to
be perpetual. Perpetuity is implied if not ex-
pressed in the fundamental law Of all national
Governments. 1t is safe to assert that the Gov
ernment proper hada provision in its organic law
for its own preservation. Continue to execute
all the express provisions OF our National Con-
stituton and the Union will endure forever: it
being impossible to destroy it except by some
action not provided for in the instrument itself.
Again: il the United States be not Il Govern
mcnt proper, but all association of States in the
nature OF contract merely, can tas Il contract be
pcaceably unmadc unless by all the parties who
made it? One party to contract may violate it,,
break it. so to speak. but does it not require all
to lawfully rcscind it?
Descending from these general principles, we
find the proposition that in legal contemplation
the Union is perpetual confirmed by the history
itself: the Union is much older than the Consti-
tuition. II was formed in fact by the Articles of
Association. in l774; it was matured and contin-
ued by the Declaration Of Independence, in 1776:
it was further matured on the faith of all the
the then thirteen States. expressly plighted an
engaged that it should be perpetual. By the
Articles of Confederation. in l77G, and finally
ing and establishing Of Constitution was to
form more perfect Union by all ora part only
Of the States; possibly the Union is less than be
fore the Constitution having lost the vital ele
mcnt Of pcrpetuity. 1t follows from these views.
that no State upon its own mere motion can law
fully 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
insurrecionary or revolutionary, according to
circumstances. ! therefore consider that in
view Of the Constitution and laws the Union is
unbrokcn and to the extent of my ability shall
take care as the Constitution itself expressly en-
joins, that the laws of the Union be faithfully
executed in all the States. Doing this, | deem
ii to be only simple duty on my part and shall
perform it so far as practicable. unless my right
iul master. the American people, shall Withhold
the requisite means, or in some authoritative man
ncr direct the contrary. | trust this will uot be
regarded as menace, but only as a declared
purpose of the Union that it will only defend
and maintain the Constitution itself In doing
this there need be no bloolshed or violence; and
there shall be none. unless it be forced upon the
National authority. The power conlided to me
will be used to help occupy and possess the prop
erty and places belonging TO the Government.
and collect duties on imports; but beyond what
may be necessary for these objects, there will be
no using OF force against or among people any
where. Where hostility to the United States in
any interior locality shall be so great and so
universal as to prevent competent resident cti
zens from holding Federal offices, there will be
no attempt to force obnoxious strangers among
the people that object. While the strict legal
right may exist in the Government to enforce
the exercise of these Offices the attempt to do
80 would be so irritating and so nearly impracti-
cable withal that deem it better to lorcgo for
for time the use OF such offices. The mails.
unless repelled. will continue to be furnished in
oil of ~ IInjOO Iu G
people everywhere shall have that sense Of per-
feet security which is most favorable to cllm
thought and reflection.
The course here indicated will be followed un-
less current events and experience shall show Il
modification or change to be proper and in every
case ana eXi geucy my best discretion will be eX
erciscd according to circumstances actually eXis-
ting and with view and nope of Il peaceful
solution of the national troubles and the restor
alton Of the tratcrnal sympathies and affections.
That there are pcrsous in one section or another
who seek to destroy the Union at all events, and
are glad Of any prcteXt to do it. | will neither
affirm or deny, but if there be such, need adj
dress no words to those. however, who rely on
the Union. May speak before entering on
grave Il matter rs the destruction of our national
fabric with all it's benefits, its hopes Would it
not be worse to ascertain previously why we DO
and will hazard so desperate a step while there is
any possibility that any portion of ills you fly
from nave no Tell cAlsJcnCe. VIII you "Hilc
the certain ills you fly to greater than all the
real ones you fly from, risk the commission OF so
fearful mistake? All profess to be content in
the Union, if all constitutional rights can be
maintaired Is it true then tn any ri ght plain
ly written in the Constitution has been denied?
| think not. Happily the human mind is so con-
stitutcd that no party can reach to the audacity
of doing this thing. If you can offer single
instance in which plainly written provision OF
the Constitution has ever been denied; if by the
mere force Of numbers majority shall deprive
a minority of any clearly written const tutional
right it might in moral point of view Justify
such decision. 1t certainly would if such
right were Il vital one; but such is not our case.
AL the vital rights Of minOrities and individuals
were so plainly assumed by theorizing afirma-
tives and legislative guarantees and propositions
in the Constitution that controversy never ari-
ses concerning them; but no organic law can be
framed with provision specifically applicable
to every question which may occur in prac-
teal admnistrat on. Noioresi2ht can anticipate,
nor any document of reasonable length contain
express provisions for all possible questions.
Shall fugiives from labor be surrendered up by
national or State authority? The Constitution
noes not expressly say. May Congress prohibit
slavery in the Territories? The Constitution does
not expressly suy. 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 majorties and minorites. If the ma
iorty must rule or the Government must cease,
there is no other alternative for continuing the
Government but acquc cence on the one side or
the other. If minority in such case will secedc
rather than acquiesce, they make a precedent
which in turn will divide and ruin them For i'll
stance. why may not portion of a new Conied-
eracy, a year or two hence, arbitrarily secede
again. precisely as portions Of the present Union
now claim to secede from it. All who cherish
disunion sentiments are now be ng educ atcd to
the exact temper of doing this Is there such
perfect identity in the interests of the States to
compose a new Union. as to produce harmony
only and prevent renewed secession? Plainly,
the central idea of secession is the essence OF
narchv A majority held in cOnSLrlint by con-