by the reservation to each State of powers not | Government in the first generation after its esexpressly granted to the Union by the Consti- tablishment held the doctrine of secession. The tution. Supreme within its own orbit, which States' right party and the Federal party disis traced from the same centre of popular pow-liked or cherished the Government because of er whence the wider circumference of the Gen- the general conviction that it was a constituted eral Government is described, the individual and centralized authority, permanent and indiState is surrounded on all sides by that all-em- visible, like that of any other organized nation. bracing circle. The reserved and unnamed Each party continued to favor or to oppose a powers are many and important, but the State strict construction of the instrument; but the is closely circumscribed. Thus, a State is for- doctrine of nullification and secession was a bidden to alter its form of government. "Thou plant of later growth. It was an accepted fact shalt forever remain a republic," says the Unit- that the United States was not a confederacy. ed States Constitution to each individual State. That word was never used in the Constitution A State is forbidden, above all, to pass any law except once by way of prohibition. We were conflicting with the United States Constitution a nation, not a copartnership, except indeed in or laws. Moreover, every member of Con- the larger sense in which every nation may be gress, every member of a State legislature, considered a copartnership-a copartnership of every executive or judicial officer in the service the present with the past and with the future. of the Union or of a separate State, is bound by To borrow the lofty language of Burke :solemn oath to maintain the United States "A State ought not to be considered as nothConstitution. This alone would seem to settle ing better than a partnership agreement in a the question of secession ordinances. So long trade of pepper and coffee, calico or tobacco, as the Constitution endures, such an ordinance or some other such low concern, to be taken up is merely the act of conspiring and combining for a little temporary interest, and to be dissolvindividuals, with whom the General Govern-ed by the fancy of the parties. It is to be lookment may deal. When it falls in the struggle, and becomes powerless to cope with them, the Constitution has been destroyed by violence. Peaceful acquiescence in such combinations is perjury and treason on the part of the chief magistrate of the country, for which he may be impeached and executed. Yet men speak of Mr. Lincoln as having plunged into wicked war. They censure him for not negotiating with envoys who came, not to settle grievances, but to demand recognition of the dismemberment of the Republic which he has just sworn to maintain.

It is true that the ordinary daily and petty affairs of men come more immediately than larger matters under the cognizance of the State governments, tending thus to foster local patriotism and local allegiance. At the same time, as all controversies between citizens of different States come within the sphere of the Federal courts, and as the manifold and conflicting currents of so rapid a national life as the American can rarely be confined within narrow geographical boundaries, it follows that the Federal courts, even for domestic purposes as well as foreign, are parts of the daily, visible functions of the body politic. The Union is omnipresent. The custom-house, the courthouse, the arsenal, the village post-office, the muskets of the militia make the authority of the General Government a constant fact. Moreover, the restless, migratory character of the population, which rarely permits all the members of one family to remain denizens of any one State, has interlaced the States with each other and all with the Union to such an extent that a painless excision of a portion of the whole nation is an impossibility. To cut away the pound of flesh and draw no drop of blood surpasses human ingenuity.

Neither the opponents nor friends of the new

ed upon with other reverence, because it is not a partnership in things subservient only to gross animal existence, of a temporary and perishable nature. It is a partnership in all science, a partnership in all art, a partnership in every virtue and in all perfection, a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born."

And the simple phrase of the preamble to our Constitution is almost as pregnant:-" To secure the blessings of liberty to us and our posterity."

But as the innumerable woes of disunion out of which we had been rescued by the Constitution began to fade into the past, the allegiance to the Union, in certain regions of the country, seemed rapidly to diminish. It was reserved to the subtle genius of Mr. Calhoun, one of the most logical, brilliant, and persuasive orators that ever lived, to embody once more, in a set of sounding sophisms, the main arguments which had been unsuccessfully used in a former generation to prevent the adoption of the Constitution, and to exhibit them now as legitimate deductions from the Constitution. The memorable tariff controversy was the occasion in which the argument of State sovereignty was put forth in all its strength. In regard to the dispute itself there can be no doubt that the South was in the right and the North in the wrong. The production by an exaggerated tariff of a revenue so much over and above the wants of Government, that it was at last divided among the separate States, and foolishly squandered, was the most triumphant reductio ad absurdum that the South could have desired. But it is none the less true that the nullification by a State legislature of a Federal law was a greater injury to the whole nation than a foolish tariff, long since repealed, had

inflicted. It was a stab to the Union in its vital part. The blow was partially parried, but it may be doubted whether the wound has ever healed.

Tariffs, the protective system, free trade, although the merits of these questions must be considered as settled by sound thinkers in all civilized lands, must nevertheless still remain in some countries the subjects of honest argument and legitimate controversy. When all parts of a country are represented-and especially in the case of the United States, where the Southern portion has three-fifths of a certain kind of "property" represented, while the North has no property represented-reason should contend with error for victory, trusting to its innate strength. And until after the secession of the Gulf States the moderate tariff of 1857 was in operation, with no probability of its repeal. Moreover, the advocates of the enlightened system of free trade should reflect that should the fourteen Slave States become permanently united in a separate confederacy, the state of their internal affairs will soon show a remarkable revolution. The absence of the Fugitive law will necessarily drive all the slaves from what are called the border States; and he must be a shallow politician who dreams here in England that free trade with all the world, and direct taxation for revenue, will be the policy of the new and expensive military empire which will arise. Manufactures of cotton and woollen will spring up on every river and mountain stream in the Northern Slave States, the vast mineral wealth of their territories will require development, and the cry for protection to native industry in one quarter will be as surely heeded as will be that other cry from the Gulf of Mexico, now partially suppressed for obvious reasons, for the African slave trade. To establish a great Gulf empire, including Mexico, Central America, Cuba, and other islands, with unlimited cotton fields and unlimited negroes, this is the golden vision in pursuit of which the great Republic has been sacrificed, the beneficent Constitution subverted. And already the vision has fled, but the work of destruction remains.

according to the eternal laws of reason and justice.

Time and history will decide whether it was a good and sagacious deed to destroy a fabric of so long duration, because of the election of Mr. Lincoln; whether it were wise and noble to substitute over a large portion of the American soil a Confederacy of which slavery, in the words of its Vice-President, is the corner-stone, for the old Republic, of which Washington, with his own hand, laid the corner-stone.

It is conceded by the North that it has received from the Union innumerable blessings. But it would seem that the Union has also conferred benefit on the South. It has carried its mails at a large expense. It has recaptured its fugitive slaves. It has purchased vast tracts of foreign territory, out of which a whole tier of slave States has been constructed. It has annexed Texas. It has made war with Mexico. It has made an offer-not likely to be repeated, however-to purchase Cuba, with its multitude of slaves, at a price according to report as large as the sum paid by England for the emancipation of her slaves. Individuals in the free States have expressed themselves freely on slavery, as upon every topic of human thought, and this must ever be the case where there is freedom of the press and of speech. The number of professed abolitionists has hitherto been very small, while the great body of the two principal political parties in the free States have been strongly opposed to them. The Republican party was determined to set bounds to the extension of slavery while the Democratic party favored that system, but neither had designs secret or avowed against slavery within the States. They knew that the question could only be legally and rationally dealt with by the States themselves. But both the parties, as present events are so signally demonstrating, were imbued with a passionate attachment to the Constitution-to the established authority of Government by which alone our laws and our liberty are secured. All parties in the free States are now united as one man inspired by a noble and generous emotion to vindicate the sullied honor of their flag, and to save their country from the abyss of perdition into which it seemed descending.

The mischief caused by a tariff, however selfish or however absurd, may be temporary. In the last nineteen years there have been four Of the ultimate result we have no intention separate tariffs passed by the American Con- of speaking. Only the presumptuous will vengress, and nothing is more probable than that ture to lift the veil and affect to read with the suicidal Morrill tariff will receive essential accuracy coming events, the most momentous modifications even in the special session of perhaps of our times. One result is, however, July; but the woes caused by secession and secured. The Montgomery Constitution with civil war are infinite; and whatever be the re-slavery for its corner-stone, is not likely to be sult of the contest, this generation is not likely to forget the injuries already inflicted.

The great Secession, therefore, of 1860-61, is a rebellion, like any other insurrection, against established authority, and has been followed by civil war, as its immediate and inevitable consequence. If successful, it is revolution; and whether successful or not, it will be judged before the tribunal of mankind and posterity

accepted, as but lately seemed possible, not only by all the slave States, but even by the border free States; nor to be proclaimed from Washington as the new national law, in the name of the United States. Compromises will no longer be offered by peace conventions, in which slavery is to be made national, negroes declared property over all the land, and slavery extended over all Territories now possessed or

hereafter to be acquired. Nor is the United | services may be accepted by the President in States Government yet driven from Wash- companies, to be organized by him into squadington.

Events are rapidly unrolling themselves, and it will be proved, in course of time, whether the North will remain united in its inflexible purpose, whether the South is as firmly united, or whether a counter revolution will be effected in either section, which must necessarily give the victory to its opponents. We know nothing of the schemes or plans of either Govern

ment.

The original design of the Republican party was to put an end to the perpetual policy of slavery extension, and acquisition of foreign territory for that purpose, and at the same time to maintain the Constitution and the integrity of the Republic. This at the South seemed an outrage which justified civil war; for events have amply proved what sagacious statesmen prophesied thirty years ago—that secession is civil war.

If all is to end in negotiation and separation, notwithstanding the almost interminable disputes concerning frontiers, the strongholds in the Gulf, and the unshackled navigation of the great rivers throughout their whole length, which, it is probable, will never be abandoned by the North, except as the result of total defeat in the field, it is at any rate certain that both parties will negotiate more equitably with arms in their hands than if the unarmed of either section were to deal with the armed. If it comes to permanent separation, too, it is certain that in the Commonwealth which will still glory in the name of the United States, and whose people will doubtless re-establish the old Constitution, with some important amendments, the word secession will be a sound of woe not to be lightly uttered. It will have been proved to designate, not a peaceful and natural function of political life, but to be only another expression for revolution, bloodshed, and all the horrors of civil war.

rons, battalions, or regiments. The President shall appoint all field and staff officers, but the company officers shall be elected by the men composing the company, and if accepted, the officers so elected shall be commissioned by the President.

SEC. 3. Be it further enacted, That any vacancies occurring in the ranks of the several companies mustered into service under the provisions of this act, may be filled by volunteers accepted under the rules of such companies, and any vacancies occurring shall be filled by elections in accordance with the same rules.

SEO. 4. Except as herein differently provided, the volunteer forces hereby authorized to be raised shall in all regards be subject to and organized in accordance with the provisions of "an act to provide for the public defence," and all other acts for the government of the armies of the Confederate States.

MR. STEPHENS entered the Hall at the hour of 7 P. M., and was greeted with long and rapturons applause. He rose and said:

FELLOW-CITIZENS: I appear before you tonight at the request of members of the Legislature and others to speak of matters of tho deepest interest that can possibly concern us all of an earthly character. There is nothing-no question or subject connected with this lifethat concerns a free people so intimately as that of the Government under which they live. We are now, indeed, surrounded by evils. Never since I entered upon the public stage has the country been so environed with difficulties and dangers that threatened the public peace and the very existence of society as now. It is probable that a long course of years will I do not now appear before you at my own inbe run, and many inconveniences and griev-stance. It is not to gratify desire of my own ances endured, before any one of the free States secede from the reconstructed Union. J. L. M.

AN

Doc. 147.

SECESSION MILITARY ACT.
АСТ TO RAISE AN ADDITIONAL MILITARY

FORCE TO SERVE DURING THE WAR.

The Congress of the Confederate States of America do enact, That in addition to the Volunteer force authorized to be raised under existing laws, the President be and he is hereby authorized to accept the services of volunteers who may offer their services without regard to the place of enlistment, either as cavalry, mounted riflemen, artillery or infantry, in such proportion of these several arms as he may deem expedient, to serve for and during the existing war, unless sooner discharged.

SEC. 2. That the volunteers so offering their
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that I am here. Had I consulted my own ease and pleasure I should not be before you; but, believing that it is the duty of every good citizen to give his counsels and views whenever the country is in danger, as to the best policy to be pursued, I am here. For these reasons, and these only, do I bespeak a calm, patient, and attentive hearing.

My object is not to stir up strife, but to allay it; not to appeal to your passions, but to your reason. Good governments can never be built up or sustained by the impulse of passion. I wish to address myself to your good sense, to your good judgment, and if after hearing you disagree, let us agree to disagree, and part as we met, friends. We all have the same object, the same interest. That people should disagree in republican governments, upon questions of public policy, is natural. That men should disagree upon all matters connected with human

investigation, whether relating to science or human conduct, is natural. Hence, in free governments parties will arise. But a free people should express their different opinions with liberality and charity, with no acrimony toward those of their fellows, when honestly and sincerely given. These are my feelings to-night.

Let us, therefore, reason together. It is not my purpose to say aught to wound the feelings of any individual who may be present; and if in the ardency with which I shall express my opinions, I shall say any thing which may be deemed too strong, let it be set down to the zeal with which I advocate my own convictions. There is with me no intention to irritate or offend.

our time to act. Do not let us break it be cause, forsooth, he may. If he does, that is the time for us to strike. (Applause.) I think it would be injudicious and unwise to do this sooner. I do not anticipate that Mr. Lincoln will do any thing to jeopard our safety or security, whatever may be his spirit to do it; for he is bound by the constitutional checks which are thrown around him, which at this time renders him powerless to do any great mischief. This shows the wisdom of our system. The President of the United States is no emperor, no dictator-he is clothed with no absolute power. He can do nothing unless he is backed by power in Congress. The House of Representatives is largely in the majority against him.

In the Senate he will also be powerless. There will be a majority of four against him. This, after the loss of Bigler, Fitch, and others, by the unfortunate dissensions of the National Democratic party in their States. Mr. Lincoln cannot appoint an officer without the consent of the Senate-he cannot form a Cabinet without the same consent. He will be in the condition of George III., (the embodiment of Tory

ministers, and was compelled to receive a cabinet utterly opposed to his views; and so Mr. Lincoln will be compelled to ask of the Senate to choose for him a cabinet, if the Democracy of that body choose to put him on such terms. He will be compelled to do this or let the Government stop, if the National Democratic men

servative men in the Senate, should so determine. Then, how can Mr. Lincoln obtain a cabinet which would aid him, or allow him to violate the Constitution?

The first question that presents itself is, shall the people of the South secede from the Union in consequence of the election of Mr. Lincoln to the presidency of the United States? My countrymen, I tell you frankly, candidly, and earnestly, that I do not think that they ought. In my judgment, the election of no man, constitutionally chosen to that high office, is sufficient cause for any State to separate from the Union. It ought to stand by and aid still in maintain-ism,) who had to ask the Whigs to appoint his ing the constitution of the country. To make a point of resistance to the Government, to withdraw from it because a man has been constitutionally elected, puts us in the wrong. We are pledged to maintain the Constitution. Many of us have sworn to support it. Can we, therefore, for the mere election of a man to the Presidency, and that too in accordance with-for that is their name at the North-the conthe prescribed forms of the Constitution, make a point of resistance to the Government without becoming the breakers of that sacred instrument ourselves, withdraw ourselves from it? Would we not be in the wrong? Whatever Why then, I say, should we disrupt the ties fate is to befall this country, let it never be laid of this Union when his hands are tied, when to the charge of the people of the South, and he can do nothing against us? I have heard especially to the people of Georgia, that weit mooted that no man in the State of Georgia, were untrue to our national engagements. Let the fault and the wrong rest upon others. If all our hopes are to be blasted, if the Republic is to go down, let us be found to the last moment standing on the deck, with the Constitution of the United States waving over our heads. (Applause.) Let the fanatics of the North break the Constitution, if such is their fell purpose. Let the responsibility be upon them. I shall speak presently more of their acts; but let not the South, let us not be the ones to commit the aggression. We went into the election with this people. The result was different from what we wished; but the election has been constitutionally held. Were we to make a point of resistance to the Government and go out of the Union on that account, the record would be made up hereafter against us. But it is said Mr. Lincoln's policy and principles are against the Constitution, and that if he carries them out it will be destructive of our rights. Let us not anticipate a threatened evil. If he violates the Constitution then will come

who is true to her interests, could hold office under Mr. Lincoln. But, I ask, who appoints to office? Not the President alone; the Senate has to concur. No man can be appointed without the consent of the Senate. Should any man then refuse to hold office that was given to him by a Democratic Senate? [Mr. Toombs interrupted and said if the Senate was democratic it was for Mr. Breckinridge.] Well, then, continued Mr. S., I apprehend no man could be justly considered untrue to the interests of Georgia, or incur any disgrace, if the interests of Georgia required it, to hold an office which a Breckinridge Senate had given him, even though Mr. Lincoln should be President. (Prolonged applause, mingled with interruptions.)

I trust, my countrymen, you will be still and silent. I am addressing your good sense. I am giving you my views in a calm and dispassionate manner, and if any of you differ with me, you can, on any other occasion, give your views as I am doing now, and let reason and