Year: 1861

Florida, Alabama, and Mississippi.


A THRILLING SCENE IN THE SENATE.


The most solemn and impressive scene
which has occurred at the capitol since the
pendency of the present troubles, was the
formal withdrawal on the 2lst, OF the Sena-
tors from Alabama, Florida and Mississippi.
The farewell words of Col. DAVIS drew
tears from many eyes unused to the melt.
ing mood" Speeches were made by Sena-
tors YuLEE, MALLORY, CLAY, FITZPATRICK,
and DAVIS. They all expressed the hope
that there would be peace, but manifested
no hesitancy in accepting the other dread
alternative were it forced upon them. We
make the following extract from Col. DAVIS
speech:


1t is known to Senators who who have
served with me here, that have for many
years advocated as an essential attribute of
state sovereignty, the right of a state to
secede from the Union. Therefore, if had
not believed there was justifable cause if
I had thought that Mississippi was acting
without sufficient provocation, or without
an existing necessity, I should still, under
my theory of the government, because of
allegiance to the State of which am cit
izen, have been bound by her action. l,
however, may be permitted to say that do
think she has justi6able cause, and approve
of her act. I conferred with her people
before that act was taken, counseled them
then that if the state of things which they
apprehended should exist when the coven.
tion met, they should take the action which
they have now adopted.


hope none who hear me will confound
this expression of mine with the advocacy
of the right of state to remain in the
Union, and to disregard its constitutional
obligations by the notification of the law.
Such is not my theory. Modification and
secession, so often confounded, are indeed
antagonistic principles. Modification is
remedy which it is sought to apply within
the Union, and against the agent of the
states. 1t is only to be justified when the
agent has violated his constitutional obli-
cation, and State assuming to Judge for
itself, denies the right of the agent thus to
act, and appeals to the other states of the
Union for decision; but when the states
themselves, and when the people of the
states, have so acted as to convince us that
they will not regard our constitutional
rights, then, and then for the first time,
arises the doctrine of secession in its prac-
tical application.


A great man who now responses with his
fathers, and who has been often arraigned
for want of fealty to the Union, advocated
the doctrine of notification, because it pre-
served the Union. 1t was because of his
deep-seated attachment to the Union, his
determination to find some remedy for exist.
ing ills short of severance of the ties which
bound South Carolina to the other States,
that Mr.. Calhoun advocated the doctrine of
notification, which he proclaimed to be
peaceful, to be within the limits OF State
power, not to disturb the Union, but only
to be means of bringing the agent before
the tribunal of the States for their Judgment.


Secession belongs to a different class of
remedies. 1t is to be justified upon the
basis that the States are sovereign. There
was time when none denied it. l hope the
time may come again, when better com.
prehension of the theory of our government,
and the inalienable rights OF the people of
the States, will prevent any one from deny
ing that each State is sovereign, and thus
may reclaim the grants which it has made
to any agent whomsover.


l therefore say concur in the action of
the people of Mississippi, believing it to be
necessary and proper, and should have been
bound by their action if my belief had been
otherwise and this brings me to the i'm.
portant point which wish on this last oc-
casion to present to the Senate. It is by
this confounding of notification and seces.
sion that the name of a great man, whose
ashes now mingle with his mother earth,
has been invoked to justify coercion against
seeded State. The phrase "to execute
the laws" was an expression Gen. jackson
applied to the case Of State refusing to
obey the laws while yet member of the
Union. That is not the case which is now
presented. The laws are to be executed
over the United States, and upon the people
of the United States. They have no rela.
ton to any foreign country. It is per.
version Of terms, at least it is a great
misapprehension of the case, which cites
that expression for application to
state which has withdrawn from the Union.
You may make war on foreign state If
it be the purpose of gentlemen, they may
make war against state which has with
drawn from the Union but there are no
laws of the United States to be executed
within the limits of seeded state. A
state finding herself in the condition in
which Mississippi has judged she is, in
which her safety requires that she should
provide for the maintenance of her rights
out of the Union, surrenders all the benefits
land they are known to be mary,) de-
prives herself Of the advantages, (they are
known to be great,) sewers ali the ties of