The daily gazette., 1880-02-27
Senator Rayard,s Speech.
From the New York World, Feb. 20.

y
Democrats may ponder this instruc
tive concatenation of events with ad-
vantage. Independent citizens of all
shades of opinion will do well to pom
der the speech itself in all its bear
ings. The speech as printed in our
columns was delivered June 81, 1851,
more than fortnight before the for
NAL declaration of war between the
two sections of this country. At that
time Mr.. Chase, in MIR. Lincoln 8 Cab
met, was convinced that a peaceful
separation of the two sections was
most desirable. The Thirty-sixth
Congress had expired March a, 1861.
On that day Lincoln was inaugurated.
In the previous December and Janu-
airy the Southern States had begun to
secede. The efforts of the Demo-
cracy of the Northern, Middle and
Western States were exerted up to
March, 1861, for reconciliation, con-
stitutional amendments and a settle
ment without war. An extra session
was called by President Lincoln. 1t
assembled July 4, 1861. Mr.. Bayard's
speech was made during the recess
of Congress and before either the
President or the Government had de-
clared the national policy. At that
time none of the steps had been ta-
ken which Congress afterwards took
to declare citizens of the seeded
States enemies in war of the loyal
States. Certain States had seeded,
the flag had been several times fired
upon by the command of one or
another of the seeded States, and the
President had taken measures to en-
force the laws over the citizens of
those seeded States. But no Demo
crat in all the loyal States had assert
ed or admitted that war existed. No
power but Congress could make the
declaration of war which was made
on July 81, 1861. In December, 1862,
this very question of existence or
non-existence of war previous to July,
1861, came before the Supreme Court
at Washington, and on the question
the Court divided. A majority con-
sisting of Wayne, Grier, Swayne, Mil
Ter and Davis, decided that war be-
gan with the Executive proclamations
of April and May, 1861. But a mi
nority opinion was read by Mr.. JUS
tice Nelson, of New York, in which
Justices Taney, Catron and Clifford
concurred, to the effect that no civil
war existed till Congress had declared
it on July 13, 1861. In this condition
of things it was that the great public
meeting was called at Dover, DEL, on
the 9th of June which Mr.. Bayard
addressed.
L., tal III IL
without regard to former party relations,
" opposed to civil war and in favor of a
peaceful adjustment of all questions
which have distracted the country and
produced its present lamentable condi-
tion." That was certainly both pa
triotic and Democratic CALL Mr.. Bay
ard, in that perfectly frank and candid
tone which characterizes all his utter
ances, began by saying:
"The question for every good man now
to ask is, my country, what can do to
restore your peace and happiness p The
past and its lessons should not be lost
upon us, but to inquire now into the
original cause or causes of our troubles
would not be within the scope of these
remarks nor useful at present. The
practical question before us forbids mere
speculation 1t slares us in the face-a
hard stern fact. With this Sc
cessioD, or revolution, or rebellion. or by
whatever name it may be called, the
State of Delaware has had naught TO do
To our constitutional duties toward each
and every member of the Union we have
been faithful in all times. Never, never
has thought, word, an act Of ours
been unfaithful TO the Union of our faith
ers-in letter and in spirit 1t has been
faithfully kept by us. But the stern fact
is still Before us, aud but two alternatives
present themselves, Shall we make war
upon and subjucate this new confedera-
cy, or shall we peacefully treat with
them and consent TO their self govern
ment, trusting to time, which is the great
healer of all wrongs and passions, TO
bring them again voluntarily into COM
mon government with US ?"
Bear in mind that all this was said In
June, 1861, before Congress had assem-
bled, before Congress had declared war,
and while every Northern and Eastern
Democrat was praying that what Mr..
Tilden in 1851 truly called the "calami-
ty" of civil war might be avertedl
Mr.. Bayard then went OH to say:
ooheVo Win bne late senator
Douglas, who has before been quoted
to-day, that "a war is disunion, certain.
final, inevitable and SO believing /
oppose it. The act Of
war is solemn act at any time; It ID
war against our brethren of the South II
is surely tenfold so. By the express
terms of the Constitution the right to
declare war Is delegated to Congress
The President has no such power. But
ne has, without even the forms of sub
mission to Congress, in palpable viola
ton OF the charter of Government
which Is his guide as 1t Ia ours, sum.
moned a gigantic army, and that too foi
an extended time, exceeding the term
limited by the Constitution for the an
, nropriation to support armed forces
The queAtion of peace or war, say, wa,
3 never reposed in any President or Cabi
4 net. Congress alone possesses tn,
power to declare war, and In the pres
&. ent case protest that our people hav,
q never been allowed any opportunity I,
vote and express their wishes on Thu
momentous and terrible issue. Had 1
r been given them last winter / beliey,
our beloved Union would this day hay
been hrmly KNIT by the bonds OF goo,
viii and good faith which originall
formed 1t and alone can preserve IT,"
These propositions OF law thus ar
y nounced by Mr.. Bayard were reasserte
: by Judge Nelson in his patriotic an
r learned opiRion on the "Prize cases" /
almost the very language employed b
o Mr.. Bayard eighteen months beforel
n Passing from these topics, Mr.. Bayar
went on to consideration of the pe
n soDal arrests which Mr.. Seward ws
| making in Maryland and in Pennsylvs
= MIA by touching '.his little bell," an