Year: 1860

thirds Of both houses of Congress, and have


been rstifed by the legislatures Of three
fourths Of the several States, and have, con-
sequently, become parts of the Constitution
To this process the country is indebted for
the clause prohibiting Congress from passing
any laws respecting an establishment Of re-
ligion, or abridging the freedom Of speech,
or of the press, or of the right Of pstition.-
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 Constitution was amended by the same


process after the election of President Jeffer-
son by the House of Representatives, in


February, 1908. This amendment was rem


dered necessary to prevent recurrence Of
the dangers which had seriously threatened


the existence Of the Government during the


pendency of that election. The action for its


own amendment was intended to secure an


anicable adjustment of conflicting constitu-


tional questions like the present, which might


arise between the government of the States


and that of the United States. This appears


from cotemporaneous history. In this COL


nection shall merely call attention to a few


sentences, in Mr.. Madisons justly celebrated


report in 1890 to the Legislature of Virginia.


In this he ably and conclusively defended


the resolutions of the preceding legislature


against the structures of several other State


legislatures. These were mainly founded


upon the protest of the Virginia legislature


against the alien and sedtion acts, as palpa


BILE and alarming infractions of the Constitu-


tion. In pointing to the peaceful and con-


stitutional remedies land he referred to none


other) to which the Statos were authorized


to resort on such occasions, he concludes by


saying: That the Legislature of the States
might have made direct representation to
Congress with 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 amend
ment to the Constitution, or two-thirds of
themselves, or if such had been their option,
might by an application to Congress have
obtained convention for the same object
This is the very course which l earnestly re-
commend in order to obtain an explanatory
amendment of the Constitution on the sue
ject of slavery. This right originates with
Congress, or the State Legislatures, as may
be deemed most advisable to attain the OBJ
ject The explanatory amendment might be
confined to the final settlement of the true
construction Of the Constitution on three
special points. First. An express rccogni-
tion of the right of property in slaves in the =
States which now exist, or may hereafter ex-.
ist Second. The duty of protecting this
right in all the common Territories through
out the territorial existence, and until they
shall be admitted as States into the Union,
with or without slavery, as their Constitu-
tions may prescribe. Third. A like recog-
milton of the right Of the master to have his
slave, who has escaped from one State to
another, delivered NO to him, and of the va
lidity of the fugitive slave law, enacted for
this purpose, together with declaration that
all State laws impairing or defeating this
right are violations of the Constitution, and
are consequently null and void. 1t may be
objected that this construction Of the Con
stitution has already been settled by the Su-
preme Court of the United States, and what
more ought to be req Tired! The answer is.
that very large proportion of the people Of
the United States still contest the correct
ness of this decision, and never will cease
from agitation and admit its binding force
until clearly established by the people of the
several States in their sovereign character
Such an explanatory amendment would, it is
believed, forever terminate the existing dis
sensions, and restore peace and harmony
among the States. Itought not to be doubted
that such an appeal to the arbitrament Of the
Constitution itself, should be received with
favor by all the States of the Confederacy.
In any event. it ought to be tried, in a spirit
of conciliation, before any of those States
shall separate themselves from the Union
The President enumerates the evils resulting
from civil war, but is convinced that the period
has not arrived, in order to justify resort TO
revolutionary resistance. The Federal Gov
ernment must be guilty Of deliberate, palpa-
bic and dangerous exercise of its powers
The result of the late presidential election 10
not he thinks, sufficient excuse for resis-
tance. He repudiates the right of secession,
as being inconsistent with the character of
the Federal Constitution. He quotes Jack
sons message to sustain his position. By
the Constitution efcctual meaps were adopt-
ed to restrain the States from interfering
with their exercise, for that purpose it has
strong prohibitory language. 1t is expressly
declared that no State shall enter into any
treaty of alliance or confederation, grant let-