Year: 1861

tial elections, which now disturb the cOun.


try.1 The election would take place in one


section at time, and would take place In


each section but once in eight years. In


this way we should escape the fagitations
that are now dividing and distracting US


do not believe that to this system the OBJ.


jections could apply which have been urged


against dual Executive. have nc


idea we could get up two parties, get


ting around second President, for the


second President could not exercise the


veto power only at the will of his own


section, and the rule would be the rule oil
justice, and the probability is that whenever


there is dispute it would be aptest to end


in adopting that course which either was
just or seemed to be just. Neither will il
retard the operations of the government in
time of war. The operation would be quick
enough. And, in time of peace, delays
would only occur where the dispute was be-.
ought to be slow, until some means could
be found for conciliating and adjusting the
differences. But l 60 farther. l believe
the working of our present executive sys
tenn would destroy this government by dis.
solution, or by turning it into despotism,
in the end, it some amendments were not
made. The working of this executive is
such as to bring up party whose very ex.
istence depends upon spoil and plunder.
have heard MIR. Calhoun say often that the
conflict in every government would be con-
fiicts between two parties, which be called
the tax-paying party and the tax-consuming
party-the one dependent entirely upon the
spOils of office, and the Other,-the tax
paying party-which made the contribu-
tions to the government and expected moth
ing in return except from tie general bene-
fits of legislation. He said--and said wisely
in my opiniOn--that whenever this tax
consuming party got entire possession,
disuDiOn was sure to follow, and the govern
ment must cease or take an entirely different
form. say the working of our present
system is such as to give rise to such party
in the country, and some change must be
made or else it will eventually end in despot-
ism. Now, sir, the check which propose
not only remedies this evil, and gives a sec>
tiOnal check when such check is necessary,
but it would do much to purify the general
legislation of the country and renovate the
public morals of the land. l do believe
that this single change would do more to
give us permanent government than any
other which could be made but it is not
the only check which ought to be intro
duced, for some of the most important OBJ
jects of the constitution are now left simply
to the discretion of the States. There is
large class of rights for which there is no
remedy, or next to nOne-thOse provisions
which are designed to secure free trade and
free intercourse between the States. Most
of them are left to the States. They can
pass laws 10 tax the commodities of an OBJ
nOxiOus state. | believe myself it was in.
tended by the trainers of the constitution
that the states should be instrumental in
restoring fugitive slaves, and We know it is
in their power 10 Obstruct and actually to
impede the government of the United States
Now, sir, l proposed, in order to secure the
proper enforcement of these rights, that the
Supreme Court should also be readjusted
so as 10 consist of ten members, five from
each section, the Chief Justice to be one of
the five; and | would allow any state to
bring another state before it, on a charge of
having failed to discharge its constitutional
obligations; and then, if the Court found
the state to be in fault, then, Sir, | would
have, if it did not repair the wrong, that
any other state might deny all privileges
to its citizens, and that all the states might
tax its commerce until it ceased to be in
fault. Thus l would provide remedy
without bringing the general government
in collision with the states, and l would
give the states. in such cases, the right of
denying the discharge of any obligation
which may have incurred. In this way 1
believe these wrongs might be remedied,
without producing any collision or jarriDg.
In order to make this complete, it should
be provided that the Judges of the Supreme
Court in each session should be appointed
by the President from that section, aud that
s the only original appointing power l
would give the second President.


l have presented in this scheme one which,
in my opinion, would adjust the differences
OF the social systems so as to be mutually
safe. If this were adopted, l for one, would
be willing to regulate this right of secession,
which, think, if not right expressly
given in the constitution, yet results from
the nature OF the compact. l would agree
that no state shall be allowed to secede,
unless by the will of the majority of the
states of that section. Whenever majority
of the states in either section said there was
cause for secession, she could depart. But
if they said the causes did not exist, the
moral force of such decision on the part of
her confederates would satisfy the state. l
think system thus adjusted would enable
US to establish permanent government, a
useful and just government, that would be
ranked among the most permanent of all
human institutions, and would enable US to
rear up an empire that would exceed any
thing to be found in the pages of history.
1 know it may be said that such dislribu-
tiOn would not accord with the distribution
according to numbers; but this rule does not
apply to confederacies. According to the
principle of distribution here, the distribu-
tion which now obtains is more unequal. 1t
would not be more unequal than that pro-
vision which gives to the six New England
States twelve Senators, and to the state of
New York only two. There would be
nothing inconsistent with the federative
principle.


COERCION.


Mr.. HUNTER then went into an argu-
ment on the subject of coercion. He
utterly denied the constitutional right of
the general government to coerce a state.
He said


say that coercion is impossible, for if
you attempt it upon one of the states, all
the slaveholding states will rally around to
its assistance, and the idea that you can
reduce seven, ten, yes, fifteen states, is pre-.
posterous. l acknowledge you may make