Year: 1859




An eminent judge Of the supreme court born in Georgia
aud grown to the manhood Of the full lawyer in the
state of Alabama, of reproachabo private character
blending the highest tone Of southern feeling with pro
found crpdon and stern integrity expounds to the peo
pie among whom he had lived fr years the plain law of
khe land ony 10 meet with dersion, If not insult from
portion of that people and its press Light brighter than
that which falls from the lucid mind Of the Judge by
all except Themselves the inner light Of this higher law of
conscience iumines the minds OF jurors, and the
positions OF the Judge become twilight under its bancy
The fbuster and his coaduors spurn both the law and
its expounder he cvades the cutter carries of
with him its officer contemns the laws of his country
and sails for conquest and glory the shores of Ncara
qua, How does the play end With the wretched
farce of his shpwreck and restoration through the kind
of British man of.war, which, If he had but en-
countered it before the shpwcc he had determined 10
fight and demoish. What are the fruits of the enter
prise Reproaeh upon southern character for the OBJ
scryauee of law and derision hcaped upon southern
chivnlry--the whole affair reminding of the
windmill adventure of Don Quxottc than the prowe of
real hcroism


Kindred the expedition Of the 6buster in Quixosn,
though destitute of any approach TO its chivaly is that
other adventure which tely enacted the shores
OF Georgia Without the hope Of honor OF the prospect
of military enown these latter adventers secin to have
been alured by the less noble desire for gain. Though
the constitution OF Georgia prohibited the African slave
trade aud erected the barrier of State sovereignty in adj
dton TO the federal law in their path the law of their
consccnces ovcreaped both love of the Union and love
of the State, and became to them lac higher than both
the laws OF the Union and the constitution of Georgia
combined. Thus does the higher law when
throned in the hearts of of position and char
acter ethone all reason substitute passion for prudence
and lead to acts which they must regret themselves
when resumes her throne ! deeply dcplorc the


fact that portion of the South should have been the
of this violation Of law; and depore il the more
because Georgia selected the spot where federal
law To be trampiod upon and her constitution
,leied let mc not he misunderstood The Justice
pruprcty OF any OF these laws s not the question
discuss So far as the neutrality laws are concerned,
however free to say that ready by my VOTE OF
any time so To- modify them TO sweep from the mnrgh
OF manifest destiny the barriers which lesis
ation has erected in its path but while they stand
the stauebook cannot add my voice to the clamor
against those who discharge their duty y enforcing
them.


In regard TO those for the suppression OF the African
slave trade, cprecac all agitation of the question for
many reasons which time will not permit me to de
tail Suffice il to say that the scheme is wholly i'm
practicable The trade reopene by the repeal
of the laws intcricug it while the Union lasts If the
South united upon IT, no representative from the
North would vote for their repeal and the only effect of
the agitation that can will be to weaken northern
democrats friendly to the constitutional rights of the
South by furnishing food to feed and fatcn the growing
abolition party North But the South is not and poba
bly, cannot be united upon it, and the agitation is dan
gerous, because it must divide her against herscfscp
rating probably the older from the fesber cotton States
and at all events the cotton States from the border hemp
and tobacco and grain States of Maryland Virginia. Ken
tucky Missouri, and possibly others. The great dcsd
erntum for which southern statesmen, who are now in
their graves, pned and prayed has been accomplished
The South is unitunited in mistaken faith that her
institutions are in accordance with the word Of God ben
eicia TO the slave and the master guaranteed in the
stitution Of the country and if that constitution be
broken, she feels possessed both of will and ability suih
cicnt to defend and protect them This union is her
strength. Divide her and she is conquered Let those
who throw this rebrand in her midst and fam its fame


PAUSE lest in their zeal to serve they divide and weaken
il they do not destroy, the land that they love.


Dut repeat the propriety of the law is not the qucs
lnf;y
but another exhibition of that hiyher law which all
Mt the South contcnn and despise when exhibited
at the North


pass by, Mr. Chairman, other violations of law and
order, having selected these the most striking for
three-lold purpose.


First to awaken the attention of the sober and think
ing of the country that all such may unite 10
put down this higher awcr and its disastrous Effects by
the moral force of public opinion. believe, unless
rested by the fowns of the people who love law and
der it must result not certainly in dissolution of
the Union than i'll that which is of more consequence to
and children than the Union itself tho de
strucon of free institutions and the substitution of
dc,potisms in their stead. Sensibemen want security
security of life, person. and property and they must and
will have it, Without fixed law aud obedience to it,
there be such security and they be forced to
look elsewhere than to present forms of government
for it,


Ny second purpose is to put this administration upon
trial and appeal to the great jury of their countrymen
to say whether they have discharged faithfully the great
duty enjoyed by the constitution, to that the laws
faithfully executed do this the cheerfully
because it has been wrongfuy abused in my opinion in
both sections of the Union, and for the in
both because it has discharged its cxecutory duty with
eye single to the constitution and the law and with
out respect to sections or 10


remember when candidate for the seat now occu-
py, that repeatedly expressed the opinion that far
Kansas concerned then the theme of agitation and
acrimonious debate this administrator would see to it
TINT the organic law of that Territory faithfully
ccuted IL has done sir to the letter The special
message the President, communicating the constitution
framed at Leuompton is ample answer to every
stult upon him before the people represent here And
what great sin thereby committed against the North!
He adhered TO all the forms and sanctions of law His
offence hath this extent more Expressing his opn-
ion that the constitution ought TO be submitted to the peo
pie tho surot test of the popular sanction he did not
make such submission 'sjne qaa non, because the
stitution of the country which he had to support
gave him such power The law organizing the ferri-
tory left the people free to act sin their That
law enforced by protecting the convention in the
right thus secured and recommending their action to the
favorable consideration of Congress The discharge of
this duty, this adherence to law and order and repudiu
ton of mob sovereignty, has been tortured into vile
submission to the slave power The friends of half
century have united with political to heap Odium
upon the President aud he sits to-day in the White
House the bcstabsed President since Jacksous time.
Sir impartial history will write dewn the truth, aud that
will he that though forced 10 break the ties that bound
him tu early friends and abandoned by statesmen and
States until the entire North bristed with almost
broken line of anger and opposition hU possessed the
moral to discharge his duty and execute the law.
He found the Kansas act in Upetion the work of other
men. He was pledged 10 enforce its provisions and,
though who assisted To make abandoned il, be
deemed the pledge.


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