The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1861-03-09

| less invasion BY an armed force ct the soil o.
any State or Territory, no matter under wha
pretext, as the gravest OF crimes. so q gziiia7
now reiterateo shess eentiments, and doing
so only press upon the public attention the
most conclusive evidence Of which the case il
susceptible, that the property, peacs' and secu'
rity Of no section ars 70 be in any wise endsn.
gered BY the now incoming Administration.
add, too. that all the projections, which, consist
emily with the Constitption and the laws can be
given, will be cheerfully given to all the States,
when lawfully demanded, for Whatever cause, as
cbeerfully to one section as to another. :
There Is much controversy about the deliver
ing of fugtives from service or labor; the clause
now read is as plainly written in the constitu-
tion as any other Of its provisions. .a.s
mo person held to service or labor In one
state under the laws thereof escaping into an
other, shall in consequence oi any law or rcgu-
lation therein. be discharged from such service
or labor; but shall be delivered up on claim Of
the party to whom such service or labor may be
DUE" q ''ii
It was intended, by those who made it, for the
reclaiming Of what we call fugitive slaves, and
the intention, Of the law-giyer 10 the Law. All
members OF Congress swear their support to the
whole constitstion--to this provision as much
as to any other. To the proposition then, that
slaves whose cases come within the terms of this
clause "and shall be delivered up" their oaths
are unanimous. And if they would make the ef-
fort in good temper could they not with nearly
equal unanimity frame and pass law by means
of which to keep good that unanimous oath p
There is some difference of opinion whether this
clause should be enforced by National or State
authority. Surely that difference is not very
material one. If the Save Is to be surrendered
it can be of but little consequence to him or to
Others by what authority it is done; and should
any one in any case be content that his oath shall
be unkept or merely unsubstantiai controversy
as the law, it shall be kept. sd3. Eg
Again in law upon this subject, ought not
all the safeguards Of liberty known in civilized
and human jurisprudence to be introduced so
that a freeman may not be in any case surren-
dered a. = slave, and might it not be well at the
same time to provide by law for the enforcement
of that clause IN the Constitution which guaran-
tees that the citizens of each State shall be en-
titled to all the provisions and immunities of
citizens of the several States? / take the Off
cial oath to-day with no mental reservations and
with no purpose to construe the Constitution or
Laws by any hypercritical rules, and while | do
not choose now to specify particular acts to Con-
gress as proper to be enforced, I do suggest that
it will be much safer for all both in official and
private stations to conform to, and abide by,
violate any of them trusting to find impunity in
having them held to be unconstitutional -
1t is seventy-two years since the first inaugu-
ration Of President under our national Consti-
tuition. During that period fifteen different and
greatly distinguished citizens have in succession
administered the Executive branch of the Gov
eminent. They have conducted it through many
perils and generally with grea. success. Yet,
with all this scope for precedents, now enter
upon the same task for the brief constitutional
term of four years under great and peculiar diff
culties. Disruption of the Federal Union, here
tofore only menaced, is now formidably attempt
ed. hold that, in contemplation of universal
law and Of the Constitution, the Union of these
States is perpetual. Perpetuty is implied, if
not expressed, in the fundamental law of all ma
tiona Governments. 1t is safe to assert that a
Government proper never had provision in its
organic law for its own termination. Continue
to execute all the express provisions of our ma
tional Constitution, and the Onion will endure
forever-it being impossible to destroy it, ex-
cept by some action not provided for in the in
strument itself. Again, if the Uni: ed States be
not a Government proper, but an association of
States in the nature of contract merely, can it
as a contract be peaceably unmade by less than
all the parties who made it? One party to
contract may violate it-break it, SO to speak.
but does it not require all lawfully to rescind it?
Descending from these general principles we find
the proposition that in legal contemplation the
Union is perpetually confirmed by the history of
the Union itself. The Union is much older than
TIE Constitution. It was formed in fact by the
articles of association in 1774. 1t was matured
and continued by the Declaration of Indepen-
dence in l776. 1t was further matured and the
faith of all the then thirteen States expressly
plighted and engaged that it should be perpetua!
by the articles of confederation of IT'S, and
finally in 1857. 80
One of the declared objects for ordaining and
establishing the Constitution, was to form
more perfect Union. If secession 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-
1t follows, from these views, that no State, upon
its own mere motion, can lawfully get out of the
Union. Thatresolves and ordinances to that Ell
feet are illegal and void, and that acts of violence
within any States or State against the authority
OF the United States are insurreetonary or rev.
olutionary, according to circumstances. I there
fore consider that the Constitution and Laws of
the Union are unbroken, and to the extent OF
my ability shall take care, as the Constitution
itself expressly enjoins on me, that the laws of
the Union be faithfully executed in all the
States. Doing this deem to be q simple duty
on my part, AVID | shall perform it SO far as prac
ticable, unless my 7rightful masters, the Ameri-
can people, shall withhold the requisite means,
or in some authoritative manner direct the con-
trary.
trust this will not be regarded as a menace,
but only as the declared purpose of the Union,
that it will. constitutionally defend and main
tain itself. In doing this there need be no
blood shed or violence, and there shall be none
ha NJ =,
The power confded to me will be used to hold,
occupy and possess, the property and places be-
longing to the Government--to collect duties
and imports, but what beyond may be necessary
for these objects there will be no invasiOn-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 uni
versal as to prevent competent resident citizens
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 ex-
ercise of these Offices, the attempt to do SO
would be so irritating and so nearly impractical
BILE witbal, that deem it better to forego for
the time the uses of such Offices u
The mails, unless repeled, will continue to be
furnished in all points of the Union, SO far as
possible. The people everywhere shall have that
~~S~
bic to calm thoughts and reflection.
The course here indicated will be followed un
less current events and experience shall show
modification or change to be proper, and in
every case and exigercy, my best discretion will
be exercised according to the circumstances ac-
tually existing, and with view and u hope of a
peaceful solution of the national troubles, the
restoration of the fraternal sympathy and af-
fections. That there are persons in one section
or another who seek to destroy the Union at all
events and who glad of any pretext to DO
it, I will neither affirm or deny. But if there
be such l need address no word to them. To
those, however, who really love the Union may
not speak. Before entering upon so grave 4
matter as the destruction Of our national fabric
with all its benefits, its memories and hopes,
would it not be wise to ascertain previously why
We do Il! Will you hazard 40 desperate a step
while there is any possibility that any portion OF
the ills you fly from have no real existence !
Will you, while the certain ills you fee to are
greater than all the real ones you fly from, will
you risk the commission Of so fearful mistake !
All profess TO be content in the Union IL all
Constitutional rights can be maintained Ia II
true then that any right plainly written in the
Constitution has been denied? / think not.