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THE GENERAL

GOVERNMENT.

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resolution assured the Assembly that the gal. "Resolved, That the principle and construc lant young Virginian still lives, and is sound tion contended for, by the party which now on the 'goose question."

rules in the counsels of the nation--that the Wen these resolutions came up in the after the extent of the powers delegated to it, stop

General Government is the exclusive judge of noon, they were referred to the Committee on nothing short of despotism, since the discretion Federal Relations, of which Mr. A. E. BOVAY

of those who administer the Government, and was Chairman, and on the 16th of March Mr.

not the Constitution, would be the measure of

their powers--that the several states which B. reported by substitute, which was the fol- formed that instrument, being sovereign and lowing, and which were passed by a strict independent, have the unquestionable right to party vote—47 to 37. See p. 892, Assembly judge of its infraction, and that a POSITIVE

DEFIANCE of those sovereignties, of all unJournal 1859.

authorized acts, done, or attempted to be done, 6'POSITIVE DEFIANCE"

under color of that instrument, is the rightful remedy!

"Approved March 19, 1859. Here are the resolutions as finally passed: (Signed,) "ALX. W. RANDALL, Joint Resolution relative to the decision of the

Governor." United States Supreme Court, regarding the MR. HORN'S SUBSTITUTE VOTED DOWN. Supreme Court of Wisconsin.

While these resolutions were pending, F. W. "Whereas, The Supreme Court of the United States has assumed appellate jurisdiction, in the HORN, (Dem.) offered the following as a submatter of the application of Sherman M. stitute, which was rejected by ayes 36, noes Booth, for a writ of habeas corpus, presented 49-a strict party votes See p. 863) Assembly and prosecuted to final judgment in the Supreme Court of this State, and has, without

Journal, 1859.) process, (see before, why they could not get "Whereas, The Supreme Court of the United

process?'] or any of the forma recognized by States has totally reversed the decision of the law, assumed the power to reverse this judg. Supreme Court of this state in the case of the ment, in a matter involving the personal liber- United States against Sherman M. Booth ; ty of the citizen, asserted by, and adjudged to and him by the regular course of judicial proceed

"Whereas, Every law abiding citizen, no ings upon the great writ of liberty, secured to matter what his private views and feelings may the people of each State by the constitution of be, should acquiesce in the decisions of the the United States.

highest tribunals known by the Constitution ** And Whereas, Such assumption of power tion of the sacred document is especially con

of the United States, to whom the interpretaand authority by the Supreme Court of the tion of the sacred document is especially conUnited States to become the final arbiter of fided; and the liberty of the citizen, and to override and

Whereas, It would lead to anarchy and a nullify the the judgments of the State Courts dissolution of the Union, (how prophetic) if declaration thereof, is in direct conflict with the interpretation.of that instrument should be that provision of the constitution of the United usurped by the different State Courts, in oppoStates which secures to the people the benefits sition to the Supreme Court of the United of the writ of habeas corpus, therefore

States [this was the Democratic doctrine then, "Resolved, the Senate concurring, That we

and not as the Journal asserted that our Suregard the action of the Supreme Court of the preme Court could make no original decision United States in assuming jurisdiction in the of the kind] where it has been placed by those case before mentioned, as an arbitrary act of who mutually pledged to each other their lives, power unauthorized by the Constitution and their fortunes and their sacred honor;" therevirtually superceding the benefit of the writ of forex habeas corpus, and prostrating the rights and

Resolved, by the Assembly, the Senate conliberties of the people, at the foot of unlimited curring, That we will abide by the decisions of

the Supreme Court of the United States declar. power.

"Resolved, That this usurpation of jurisdio ed by said Court to be constitutional, without tion by the Federal Judiciary, in the said cases regard to our own private views and feelings and without process, is an act of undelegated

See p. 778, Assembly Journal, 1859. power, and therefore, without authority, void This shows the determination of the Repuband of no force.

"Resolved, That the Government framed by licans of Wisconsin to "positively defy's the the Constitution of the United States, was not whole power of the General Government, which made the exclusive or final judge of the extent they proceeded to execute, as we have seen, of the powers delegated to itself [but that by sundry armed mobs, &c. Wisconsin was] but that, as in all other cases, of compact among parties, having no common

SENATOR DOOLITTLE'S VIEWS. judge, each party has an equal right to judge for itself as well of infractions, as of the mode

In a speech by Senator DOOLITTLE in the and measure of redress.

U.S. Senate February 24th, 1860, he said:

JUST WHAT THE SOUTH IS FIGHTING FOR.

OPINION.

"The great question, in the science of | Hartford, on the 15th of December, 1815. It American government is, when the jurisdic- put forth a disunion report, accompanied by a tion of the state and federal governments came in conflict, who is to decide? It will never do series of resolutions; from the former we seto say that the decisions of the federal court lect the following, seasoned with this apropos should be received as conclusive. When it spice from HENRY IV : usurps power its decisions must not be respect- " Treason is but trusted like the fox, ed, and are binding upon nobody."

Who, ne'er so tame, so cherish'd, and lock'd up.

Will have a wild trick of his ancestors." Again: speaking of the writ of habeas cor

"In cases of deliberate, dangerous and palpus by state courts to persons arrested and pable 'infractions of the Constitution, affectheld by virtue ef U. S. process, he said: ing the 'sovereignty' of a 'state and the 'lib"Add this doctrine of the Senator from but the duty of each state to interpose its au

erties of the people, it is not only the right Georgia, and there would be no constitutional thority for their protection, in the manner best limit upon his (a U.is. district judge's) calculated to secure that end. When emergenpower-whether constitutional or unconstitu: cies occur which are either beyond the reach tional—whether with or without authority of of judicial tribunals, or too pressing to admit the United States; whether within or outside of the delay incident to their forms, states, of his constitutional jurisdiction, with or with which have no common umpire, must be their out cause, by his warrant alone he could ar

own judges, and execute their own decisions." rest any citizen of Wisconsin, try him, sentence him, even to death, and there is no appeal. No habeas corpus could reach the prisoner, whether in the state prison or at the foot Upon which POLLARD, author of the Southof the gallows! Where are we? In the Uni- ern side of the Rebellion, remarks: ted States of America, or at St. Petersburg,

“This is the doctrine which the South had under the power of an autocrat, whose will is law, or under the Constitution of the United always held from the beginning, and for which States, which declares that no person shall be the South, is now pouring out her blood and

treasure!" deprived of his liberty but by the process of law, which law must itself be subject always to

SOUTH CAROLINA ENDORSES JUDGE SMITH'S the constitution of the United States?" Mr. DOOLITTLE don't talk thus now; then

It will be observed that the substance of the it was

your ox,' &c.—now a different rule Hartford Convention report, and the Republiis urged.

can resolutions of 1859, quoted above, are idenBy such arguments were the people of the

tical, while many of the words employed are state educated up to the standard of open re

the same, as well as certain phrases, leaving sistance to the Federal power, and we have not

no doubt that their authors must have selected the least doubt that had the Republicans failed

garbled sentences from the treasonable report in electing their candidate in 1860, they would, of the Hartford Convention, as a foundation provided they had the same courage, have done

for their resolutions of positive defiance." precisely what South Carolina did in 1860–

The only real difference is that the Wisconsin and precisely what the Republicans of Green

resolutions go deeper into resistance and posicounty pledged themselves to do in 1856.

tive defiance than their Federal fathers. This chapter is a sad one-it galls our state pride to record it, but we should be false · SOUTH CAROLINA QUOTES JUDGE SMITH. to truth and unjust to history, did we omit it. Mr. RHETT, of South Carolina, on the day We trust that hereafter, the Republicans of that treasonable State seceded from the Union, Wisconsin will not have the face to claim all thus endorsed the decision of Judge SMITH, as the loyalty and all the patrotism. May God good enough doctrine for South Carolina to go forgive them for the wrongs they have done out of the Union on: their country.

"Sir, the North threaten to fight us back LIKE FATHER, LIKE SON" - THE

into the Union, after we shall have taken our stand for Southern Independence. They now deny the right of a State to judge of its own

grievances and to apply its own remedies, notTo show that the Republicans are chips from withstanding for years, many of the Northern the old Federal and Nullification blocks, we States, Wisconsin in particular, have asserted select a paragraph from the report of the Hart- this right for themselves. I want no better li

cense for our action to-day than the decision of ford Convention. This Tory Convention of Judge Smith in the Rescue cases of WisconNew England traitors assembled in the city of sin."

16

THE HARTFORD CONVENTION AND WISCONSIN REPUB

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LICANS.

DISLOYALTY AND REVOLUTIONARY SPIRIT OF

REPUBLICANS.

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| to read the pages of this book, shall not have CHAPTER XVI.

it to say we slandered the leaders of the ReREPUBLICANS TRUE TO OLD FEDERAL INSTINCTS. publican or “Union" party, for we shall let Classification of parties, principles and arguments, from them speak for themselves, as AGRIPPA per. Tribune favors Secession...Greeley advocating Peace mitted Paul to plead his own case. If the with Rebels...Mr. Lincoln Advocates the right of So

well studied words and phrases of the leaders cession... The Republican Congress vote down a Resolution against a Dictatorship... The Ayes and Noes on that of the present party in power do not sustain Subject... The Constitution again the "Cause of all our Troubles"... Complete overthrow of the Public Liberties

our charge that they desire a dissolution of ... From the New York World...Republicans Raise a this Union, and have been using the slavery “Higher Standard than the Stars and Stripes" ... Prefer “Their principles to Fifty Unions”... Who Discourage question as but a means to accomplish the end, Enlistments... Reference to Aboltition Votes in Congress. then let the present and future readers senISO

tence us to the ignominy due to å slanderer.

THURLOW WEED'S TESTIMONY. [The crowd of other duties, and the necessary haste in

THURLOW WEED, late editor of the Albany which these extracts have been collected--involving the perusal of hundreds of books and newspapers--render it Journal, is good Republican authority. He quite impossible to place them in chronological order, but denounces HORACE GREELEY, the principal by proper headings it is believed they will be convenient leader of the Republican party, with whom the for reference.-COMPILER.]

President condescends and delights to corresWe have already published enough to show pond with, as the architect of ruin," and that the leaders of the great party opposed to proceeds, “first, while SLIDELL, TOOMBS, MAthe Democracy desire the dissolution of the son, Davis, etc., etc., were maturing their Government, by any means, and have been la- schemes for rebellion, and the Gulf States, boring to that end for 'seventy-five years.- under their instructions, were seceding, Mr. Under all the dodges and guises of a change GREELEY approved, justified, and invited them of name-shifting of ostensible purposes and to go forward with their treasonable designs, objects, they have steadily pursued their de-andstructive coursemusing the same class of arguments, and resorting to the same class of means

"If the cotton states shall become satisfied to accomplish their purpose. The Federalists that they can do better out of the Union than of 1812, though professing a different line of in it, we insist on letting them go in peace. The policy, used the same class of arguments, and right to secede may be a revolutionary one, but

it exists nevertheless.

We must hurled the same species of denunciation against

ever resist the right of any state to remain in the Government and the principles on which it the Union and nullify or defy the laws thereof. was founded, as the Federals of 1798-always To withdraw from the Union is quite another professing to be for the Constitution--yet in

Whenever a considerable section of

our Union shall deliberately resolve to go out sisting that Congress, the Executive and the

we shall resist all coercive measures designed courts had placed a wrong construction on its to keep them in. We hope never to live in a meaning. The Federal Republican of 1824 Republic whereof one section is pinned to anused the same class of arguments as the Fed- other by. bayonets.”—Nem York Tribune, Nov.

9, 1860. erals of 1812. The Whig of 1833 was true to the reasoning of his Federal Republican pro-wish to withdraw peacefully from the Union,

If the cotton states unitedly and earnestly genitors of 1824, while the Republican or "Un- we think they should and would be allowed to do ion" of the present era goes back to the Hart-so. Any attempt to compel them by force to ford Convention for the inspiration of his po- remain, would be contrary to the principles

enunciated in the immortal Declaration of litical history, and while this class of men (the Independence--contrary to the fundamental leaders--we do not mean all) profess, as did ideas on which human liberty is based."'-New their Federal progenitors, to revere the Con- York Tribune, Nov. 26, 1860. stitution, they scout the idea of ever again en- How easy it is for heretics to summon the forcing it-laud those who wantonly violate it, Bible to their aid, or political disunion lunatics, and denounce as traitors and

copper- to summon the immortal Declaration" or the heads, all who are sincerely devoted to it was "fundamental ideas of humanity” as evidence it is,' or desire to maintain the "Union as it that Dissolution is according to the true Union was." Future generations, that may chance faith! Again:

HERE IS THE EVIDENCE.

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GREELEY ADVOCATING PEACE WITH THE RE

BELS.

a

"If it (the Declaration of Independence) | rebellion and slavery. Had an opposition justified the secession from the British Empire, journal or member of Congress uttered these of three millions of Colonists in 1776, we do sentiments, the Tribune would have demanded not see why it should not JUSTIFY the seces- their removal to Fort Lafayette. sion of five millions of Southerners, from the "Mr. Greeley evades, though he does not deUnion, in 1861."--New York Tribune, Dec. ny, that he has communicated with the French, 17, 1860.

Minister and Mr. Vallandigham, suggesting "Whenever it shall be clear that the great In entering upon the question of mediation

mediation to the former and peace to the latter. body of the Southern people have become conclusively alienated from the Union and anxious lation of law against the GOVERNMENT!

with a foreign Minister, he takes issue in vioto escape from it, WE WILL DO OUR BEST And in opening a correspondence with a repTO FORWARD THEIR VIEWS!!New

resentative, whom he is constantly denouncing York Tribune, Feb. 23, 1861.

as a traitor, he commits an offense, I leave Here, then, during the insipient stages of others to name and characterize! the Rebellion, we find the great leading organ

“And now I leave Mr. Greeley. The col.

umns of his own Tribune being the exponent of the Republican party, pleading for the right and witness, as first inviting the withdrawal of secession, and pledging itself not only to from the Union, and then, after a hundred resist any coercive measures but to forward thousand lives had been sacrificed, and twelve the views of the traitors. No Republican press manding the intervention of the Great Powers

hundred millions of treasure squandered, de-no Republican orator-has from that day to of Europe, in favor of, "peace upon the best this, denounced GREELEY, the author of these attainable terms! ‘for the sake of humanity disunion sentiments, and why? Because

and commerce!'". GREELEY always votes against the Democracy MR. LINCOLN ON THE RIGHT OF SECESSION. and supports the Republican ticket!!

Mr. GREELEY was not the first to advocate the right of secession and dissolution, nor was

Mr. LINCOLN, but Mr. LINCOLN did advocate it To show still further the treasonable animus

as early as the 12th of January, 1848, on of the Tribunė, we quote from its reply to Mr. question of reference of a portion of the PresWEED:

ident's message.-See Ap. Con. Globe, 1st Ses"We believe that should they (the rebels) be sion, 30th Congress, p. 94. successful and we defeated, in the general re- "Any people, any where, being inclined and sults of the campaign now opening, impartial having the power, have the right to rise up third parties will say, that we ought to consent and shake off the existing government and form to peace, an the best attainable terms! Whether a new one that suits them better. we shall take that counsel, or renew the strug- Nor is this right confined to cases in which the gle [which actually did go against us at Fred people of an existing government may choose ericksburg and several other places] as a uni- to exercise it. ted people, who have come to understand, and Any portion of such people that can, may to accept its real character, the cost and suffer- revolutionize, and may make their own of so ing involved, even will determine.

much territory as they inhabit. More than "But we believe the time will come--we do this, a majority of any portion of such people not say how soon, as that must depend on the may revolutionize, putting down a minority, results of the conflicts yet future, when the intermingled with or near about them, who great powers of Europe will mediatenot by may oppose their movements." blows nor menaces, but by representationsagainst a coniinuance of the struggle, as fruit- THE less, wasteful butchery, and urge a settlement in the interest of humanity and commerce."

Mr. VALLANDIGHAM, who has been denounThese are precisely the grounds on which ced as the 'prince of copperheads," introduced the Federals of 1814 urged a "settlement." a series of resolutions in Congress, testifying To this last extract, Mr. WEED replies:

to the integrity of the Union, on the 5th of "In simple, direct, unequivocal language,

January, 1862, from which .we select the fol. Mr. Greeley says that if we are not successful lowing: in the campaign now opening, [the campaign "Resolved, That the Union as it was must be of Fredericksburg] our cause and country are restored, and maintained, one and indivisible, lost, and that we must have peace upon the forever, under the constitution as it is, the 5th "best attainable terms.'

Article, providing for amendments, included. "This is saying openly and publicly, to the "Resolved, That this Government can never enemy, that they have only to hold out two or permit the intervention of any foreign nation three months longer, to secure the triumph of in regard to the present civil war.

*

RADICALS IN CONGRESS SHOW THEIR PURPOSE TO DESTROY THE UNION.

THE CONSTITUTION AGAIN

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'Resolved, That no two Governments can | kind of government in its stead, then there is ever be permitted to exercise jurisdiction within

no meaning to be attached to the actions of the territory now belonging to the United States, and which ackowledged their jurisdic. | men. tion at the beginning of this civil war.

THE CAUSE OF "Resolved, That whoever shall propose, by

ALL OUR TROUBLES." Federal authority to extinguish any of the States of this Union, or to declare any of them During the summer of 1863, the Anti-Slavoextinguished, and to establish territorial gov- ry Society of New York, passed the following ernments within the same, will be guilty of a high crime against the constitution and the resolution, WENDELL PHILLIPs being present Union.

and aiding in the same: "Resolved, That whoever shall affirm that "Resolved, That while the Society has renit is competent for this House, or any other dered this verdict with the deepest emphasis, authority, to establish a Dictatorship in the it has not failed to remind the people of the United States, thereby superceding, or sus- North, that ever since the adoption of the conpending the constitutional authorities of the ssitution of the United States, their feet have Union, and shall proceed to make any move run to evil, and they have made haste to shed towards the declaring of a Dictator, will be innocent blood,' in the way of slaveholding guilty of a high crime against the constitution complicity; that by consenting to a slave repand the Union, and Public Liberty."

resentation in Congress, to the arrest and renMr. Lovejoy (radical) immediately moved dition of fugitive slaves on their own soil, and

to the suppression of slave insurrections by to table the resolutions, which would be equiv- the iron heel of the General Government, they let to their final rejection.

have made a covenant with death, and with The yeas and nays were demanded by Mr. hell they have been at agreement, till at last,

judgment is laid to the line and righteousness VALLANDIGHAM, and resulted:

to the plummet, and the ball sweeps away the

refuge of lies, the waters overflow the hiding Aldrich, S. C. Fessenden, Porter,

place, the covenant with death (the constituArnold,

T. A. D. Tessenden, Potter, Ashley,

tion) is annulled, and the agreement with hell Fisher,

J. H. Rice,
Babbitt,
Franchott, E. H. Rollins,

no longer stands."
Frank,

Sargeant,
Baxter,
Goodwin,

Sedgwick,
Beaman,
Gurley,
Shank,

NOT TO ESTABLISH A DESPOTISM.
Bingham,
Hale,

Shellaburger,
Samuel S. Blair, Harrison,

Sherman,

The following brief views of the act authorBlake, Hickman,

Sloan, Buffington, Hooper,

Spaulding,

izing the President to suspend the writ of freeChamberlain, Horton,

Stevens,
Clark,
Hutchins,
Stratton,

dom, and to indemnify the President and all Colfax, Julian,

B. F. Thomas, acting under him for any act they may commit, F. A. Conkling, Kelley,

Train, Roscoe Conkling, W.F. Kellogg, Trowbridge, is from that able paper, the New York World. Covode, Loomis,

Van Horn, Cutler,

It should be read in the same connection with Van Valkenburg, Lovejoy, Davis, Low, Van Wyck,

the sedition law, of old, which was virtue, comMcPherson, Walker, Delano, Mitchell, Wall,

pared with this law. It gives a clue to the Duell, Moorehead, Wallace,

real motives that governed the majority in Edgerton, Justin S. Merril, Washburne, Elliott, Nixon, Wilson,

Congress in voting down Mr. VALLANDIGHAM'S Ely, Pike, Windham,

resolutions against a Dictatorship, noted above: Fenton,

78 Republicans.

YEAS.

Baker.

THE PURPOSE OF VOTING DOWN THE PLEDGE

Dawes,

1

Pomeroy,

Worcester.

From the New York World.

NAYS.

THE COMPLETE OVERTHROW

OF THE PUBLIC

LIBERTIES.

W. J. Allen, Hall,

Price,
Anacona,
Hardy,

Richardson,
Bailey,
Holman,

Robinson,
Biddle,
Johnson,
Sheffield,

This is the darkest hour since the outbreak W.G. Brown, Knapp,

Shiel,

of the rebellion. Congress, by the act passed Clements, Law,

Smith,
Cobb,
LaZear,
John B. Steele,

yesterday authorizing the President to suspend Conway, Leary,

Wm. G. Steele, the writ of habeas corpus throughout the whole Corning, Mallory, Stiles,

extent of the country, has consummated its Cox, Maynard, Vallandigham,

series of measures for laying the country prosCravens, Menzies,

Vibbard, Crisfield,

trate and helpless at the feet of one man. It was Noble,

Voorhees,
Dunlap,
Norton,

C. A. White, not enough that Mr. Lincoln has been intrusted
English,
Nugen,

Wickliffe, Fourke,

with the purse and the sword; that, with an Pendleton, Woodruff Granger,

immense power to raise or manufacture money Perry,

Wright, Grider,

Yateman-50. he has unrestricted command of the services of If this does not exhibit the true intent and every able-bodied man of the country, Congress

has thought it necessary to give the finishing purpose of the radicals in power to change our stroke to its establishment of a military desUnion, establish a despotism or some new potism, by removing all checks on the abuse of

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