Year: 1860

neVe, again presented BOON atterWaE0s, on


the Stu of June, 1857, when incidentally advert
ing to the ssbiect he said, "Any Govern


merit for the United States formed OH
the supposed practicability of using force
against the unconstitutional proceedings OF


the States would prove as visionary and falla-


cious as the Government Of Congress, evident


ly meaning the then existing Congress of the


old Confederation. Without descending to


particularize, it may be safely asserted that the


power to make war against State, is at vari-


ancc with the whole spirit and intent of the


Constitution. Suppose such war should re-


suit in the conquest of a State, how are We


to govern it afterwards. Shall we hold it as a


province and govern it by despotic power ?


In the nature of things we could not by physi-


cal force control the whole of the people and


compel them to elect Senators and Representa-


tives to Congress- and to perform all the other


durtes depending upon their own velition and


required from the free citizens of free State as


constituent member of the Confederacy.


But if we possessed this power would it be wise


to exercise it under existing circumstances 7


The object would doubtless be to preserve the


Union. War would not only present the


most effectual means of destroying 1t, but


would Danish all hope Of its peaceable re-


construction. besides in the fTaternal conflict


vast amount of blood and treasure would


be expended, rendering future reconciliation


between the States impossible. In the mean


time who can foretell what would be the suffer-


ings and privations of the people during its


existence. The fact is our Union rests upon
public opinion and can never be cemented by


the blood of its citizens shed in civil war. If


it cannot live in the affections of the people, it


must one day perish. Congress possesses many


means of preserving by Cancellation; but the


sword was not placed in her hands to preserve


it by force. But may be permitted soemniy


to invoke my countrymen to pause and delibe-


rate before they determine to destroy this,


the grandest temple which has ever been dedi-


Gated to human freedom since the world be-


gan. 1t has been consecrated by the blood OF


our fathers, by the glories of the past, and by


the hopes of the future. The Union has al


ready made us the most prosperous, and ere


long will, if preserved, render us the most
powerful nation on the face Of the earth. In


every foreign region of the globe the title OF


"Alaerican Citizen" is held in the highest res
pect, and when pronounced in foreign land 1t


causes the hearts of our countrymen to swell


with honest pride. Surely, when we reach the


brink of the yawniDg abyss We shall recol with


horror from the last fatal plunge. By such


dread catastrophe the hopes of the friends OF


freedom throughout the world would


be destroyed and a long night OF


leaden despotism would enshroud the nation.
Our example for more than eighty years would


not only be lost, but it would be quoted as


conclusive proof that man is unfit for self gov


ernment Ii is not every wrong, nay it is not


every grievous wrong which can justify re-
| c-f rrrnf
| to be the last desperate remedy of despair


ing people, after every other Constitutional


means of conciliation had been exhausted.
We should reflect, that under this free Govern


ment there is an incesSant ebb and flow in pub


lie opinion. The slavery question, like every


thing human, will have its day. | firmly be-


lieve that it has already reached and passed the


eliminating point, but if in the midst of the


existing excitement the Union shall perish, the


evil may then become irreparable Congress can


contribute much to arrest it by proposing, and


recommending to the Legislatures of the seve-


raj States the remedy for existing evils which
the Constitution has itself provided for its own


preservation. This has been tried at different


critical periods of our history and always with


eminent success. Its to be found in the fifth


article providing for its own amendment.
Under this article, amendments have been pro-


posed by two-thirds of both Houses of Con-


greSs, and have been ratified by the Legisla-


lures of three-fourths of the several States,


and have consequently become parts of the


Constitution. To this process the country Is
indebted for the clause prohibiting Congress
from passing any laws respecting an establish
ment of religion, of abridging the freedom OF
speech or of the press, or of the right OF petl-
ton. To this we are also indebted for the
rights which secure the people against any
abuse of power by the Federal Government,
such were the apprehensiOns Justly entertained
by the friends of State rights at that period, as
to have rendered it extremely doubtful whether
the Constitution could have long survived
without these amendments. Again, the Con-
stitution was amended by the same process
after the election OF President Jefferson by the
House of Representatives, in February, 1903.
This amendment was rendered necessary
to prevent re-OccuFrence OF the |
dangers which had seriously threat |
ened the existence Of the Government |
during the pendency of that election. The |
article for its own amendment was intended to
secure the amicable adjustment of conflicting
Constitutional questions like the present. which |
might arise between the Government of the |
States and that of the United States. This APP |
pears from contemporaneous history. In this |
connection, | shall merely call attention to a
few sentences in Mr. Madison's justly celebrat- |
ed report in 1899 to the Legislature of Virgin |
ia. In this he ably and conclusively defended /
the resolutions of the preceding Legislature |
against the structures of seyAral other State |
Legislatures These were mMnly founded up |
on the protest of the Virginia Legislature |
against the Alien and Sedition acts, as palpa-
bic and alarming infraction of the Constitu-
ton. In pointing GU. the peaceful and COnsti-
tutiOna remedies, and he referred to none
other to which the States were authorized to
resort, on such occasions, he concluded by
saying that the Legislatures of the States
might have made direct representation to Con-
gress with a view to obtain resembling of the
two offensive acts, or they might have
represented to their respective Senators
in Congress, their wish that two-thirdS
thereof would have proposed an explanatory
amendment to the Constitution or twOthirds
of themselves, if such had been their option,
might, by an application to Congress, have OBJ


tanned a convention for the same object This
is the very course which | earnestly recon-
mend in order to obtain an explanatory amend
mert of the Constitution on the subject of sa-
very. This might originate with congress or
the State Legislatures as may be deemed most
advisable to attain the object. The eXplana-
tory amendment might be confined TO the final
settlement of the true construction Of the
Constitution or three special points: First,
an express recognition of the rights Of proper
ty in slaves in the States where it now exiS;s or
NAV hereafter exist. Second the duty Of pro-
tecting this right in all the common Territories
throughout their Territorial existence, and until
they shall be admitted as States into the
Union, with or without slavery as their Consti-
tutions may prescribe Third, a like recogni-
ton of the right of the master to his
slave who has escaped from enc State to
another, to he restored and delivered up to Lin,
and the validity of the fugitive slave law,
enacted for this purpose, together with dec
laration that all State laws impairng or defeat
ing this right are violations of the Constitution
and are consequently null and void. 1t may be t
objected that this construction Of the COnstitu- {
ton has already been settled by the Supreme t
Court of the United States, and what more
ought to be required. The answer is that
very large proportion of the people Of the Unit
ed States still cOntrOvert the correctness Of this
decision and never will cease from agitation and
admit its being in force until clearly established
By the people of the several States in their
sovereign character Such an explanatory {
amendment would, it is believed, forever term
nate the existing disSensiOns and restore peace |
and harmony among the States 1t ought not to |
be doubted that such an appeal to the arbtra- c
nent established by the Constitution itself 7
would be received with favor by all the i