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ANDREW JOHNSON'S SPEECH.

91

equality with the original States, with or without | called for the use of force in sustaining the 'Slavery, as the Constitution of the State shall pres- laws. He said: cribe.

"Second. Congress shall have no power to abolish Slavery in the States permitting Slavery. "Third. Congress shall have no power to abolish Slavery in the District of Columbia while it exists in Virginia and Maryland, or either; nor shall Congress, at any time, prohibit the officers of the Government or Members of Congress, whose duties require them to live in the District of Columbia, from bringing slaves there, and holding them as such.

"Fourth. Congress shall have no power to hinder the transportation of slaves from one State to another, whether by land, navigable rivers, or sea. "Fifth. Congress shall have power, by law, to pay an owner who shall apply the full value for a fugitive slave, in all cases when the Marshal is prevented from discharging his duty by force or rescue, made after arrest. In all such cases the owner shall have power to sue the county in which the violence or rescue was made, and the county shall have the right to sue the individuals who committed the wrong, in the same manner as the owner could

sue.

"Sixth. No further amendment or amendments shall

affect the preceding articles, and Congress shall never have power to interfere with Slavery in the States where it is now permitted."

The last resolution declared that the Southern States have a right to the faithful execution of the law for the recovery of slaves; and such laws ought not to be repealed or modified so as to impair their efficiency. All laws in conflict with the Fugitive Slave law it shall not be deemed improper for Congress to ask the repeal of. The Fugitive Slave Law

ought to be so altered as to make the fee of the Commissioner equal, whether he decides for or against the claimant; and the clause authorizing the person holding the warrant to summon a posse comitatus to be so as to restrict it to cases where violence or rescue is attempted. The laws for the suppression of the African Slave trade ought to be effectually executed.

Mr. Powell's resolution for a Committee of Thirteen on the Crisis was adopted the Speaker to name the members-and Mr. Crittenden's resolutions were referred to it.

Wednesday (Dec. 19) exAndrew Johnson's Gov. Andrew Johnson, of Speech. Tennessee, had the floor of the Senate, when the resolutions offered by him, proposing amendments to the Constitution, were taken up. He took emphatic grounds against the right of secession, and

"The duties now are the same as in 1793 and 1832; the consequences belong to God. He intended to discharge his duty, whatever the consequences may be. Have we not the power to enforce the laws in the State of South Carolina, as well as in the State

of Vermont or any other State? And, notwithstanding they may resolve and declare themselves absolved from all allegiance to this Union, yet it does not save them from the compact. If South Carolina drives out the Federal Courts from the State, then the Federal Government has a right to re-establish the Courts. If she excludes the mails, the Federal Government has a right and the authority to carry the mails. If she resists the collection of revenue in the port of Charleston, or any other ports, then the Government has a right to enter and enforce the law. If she undertakes to take possession of the property of the Government, the Government has a right to take all means to retain that property. And if they make any effort to dispossess the Government, or to resist the execution of the Judicial system, then South Carolina puts herself in the wrong, and it is the duty of the Government to see the judiciary faithfully executed. Yes, sir, faithfully executed. In December, 1805, South Carolina made a deed of cession of the

land on which these forts stand-a full and free cession-with certain conditions, and has had possession of these forts till this day. And now has South Carolina any right to attempt to drive the Govern ment from that property? If she secedes, and makes any attempt of this kind, does she not come within the meaning of the Constitution, where it speaks of levying war? And in levying war, she does what

the Constitution declares to be treason. We may as well talk of things as they are, for if anything can be treason, within the scope of the Constitution, is not levying war upon the Government treason? Is not attempting to take the property of the Government and expel the Government soldiers therefrom, treason? Is not attempting to resist the collection of the revenue, attempting to exclude the mails, and driving the Federal Court from her borders, treason? What is it? I ask, in the name of the Constitution, what is it? It is treason, and nothing but treason."

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heart of the country, to obstruct its commerce, | altar of our common country, to lay the Con to excite war on its borders, and to endanger stitution upon it, and to swear that the Conits stability.

Has South Carolina any right to draw her sister States into one common ruin? Mr. Johnson here quoted from Gov. Gist's Message and from Mr. Keitt's speeches to show that such was the intention. He (Johnson) would tell South Carolina that, as far as Tennessee was concerned, she would not be dragged into a Southern or any other Confederacy until she had time to consider about it! He would also tell the Northern States that Tennessee would not be driven out of the Confederacy either. If the Abolitionists wanted to abolish Slavery, the first step they would take would be to dissolve the Union. The existence of Slavery demands a preservation of the Union. What protection will the Border States have if the Union is dissolved, whose property is at stake, and whose interests are most endangered? If a division were commenced, where would it stop? Rather than see the Government divided into thirtythree petty, wrangling powers, he would see it a consolidated Government and consolidated power. What is the reason for disunion? Because our man was not elected! If Mr. Breckenridge had been elected, not one would have wanted to break up the Union; but Mr. Lincoln is elected, and now they say they will break up the Union. He said, No. What was there to fear? Mr. Lincoln was a minority President. Let South Carolina send her Senators back, and Mr. Lincoln cannot even make a Cabinet without the consent of the Senate. Was he to be such a coward as to retreat when it was evident the South had the power in their own hands? Was he to be so cowardly as to desert a noble band at the North who stood by the South on principle? Yet, for a temporary defeat, it is proposed to turn our backs on them and leave them to their fate. We have nothing to do but to stand firmly at our posts like men, and in four years' time Lincoln and his party will both be hurled from power. What reason, then, is there for desertion and the breaking up of the Government? He believed that we could obtain all needed guarantees. He entreated every patriot to come forward in the spirit of brotherly love, to stand around the

stitution shall be maintained and the Union preserved. He thought it better to preserve the Union, even if we had a quarrel with the North sometimes. It was better to quarrel with the North occasionally than to quarrel among ourselves. Mr. Johnson here referred to the remark of the Senator from Georgia (Iverson) about some Texan Brutus arising to relieve that State of her Governor unless he should conform to the wishes of the people. This, he (Johnson) said, does not look much like harmony. He appealed to the South to pause and consider before they rashly go too far. He earnestly appealed to the North to come forward with propositions of peace, conciliation, and concession. They know that Congress has power to-day to arrest secession and save the Union. Will they come forward, or desert the sinking ship? For one, he would stand supporting the edifice of his country as long as human efforts could last. Mr. Johnson closed with a strong, earnest, and eloquent appeal for all to stand by the Constitution and the Union.

Settled System of Deception.

This speech from a Southern man of great influence in his State materially strengthened the cause of the Union. It awakened the Union men of the Border Slave States to a full comprehension of the crisis and its relations to their interests; for, unlike all other Union speeches, it had a large circulation among the people of those States. [A part of the system of disunion tactics, from the early stages of the movement, was to keep the large body of the people ignorant of the true nature of the rela tions and sentiments of the North by suppressing — except in garbled and perverted versions-all documents and statements calculated to enlighten the Southern people, in the fullest sense. Probably the world never has known so intelligent a people to be so hoodwinked and deceived by its orators and presses as the people of the Southern States during the year 1860. A Northern man, cognisant of all sides of the argument, and knowing all the given facts of parties, principles and men, in reading a paper published anywhere south of Kentucky would be

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GOVERNOR PICKENS' INAUGURAL.

setts, read a resolution, "for
information," as follows:

Resolution of
Inquiry.

93

"Whereas, By report of the proceedings in the State Convention of South Carolina, held on the 19th inst., the Hon. Wm. Porcher Miles, a member of this House, used the following language: In a conver

to the President, I know this to have been said: 'If you send a solitary soldier to these forts, the instant the intelligence reaches our people, and we shall

amazed at its apparent ignorance. It was but | (Republican), of Massachuapparent, however; for, with free access to all correct sources of information, Southern editors could have produced as correct journals as their readers had a right to demand. That they, daily and weekly, issued papers, every column of which was loaded with misstatements, and with matter calculated to in-sation, and subsequently in a written communication fluence the passions and prejudices of Southern men against the North, against the Union, against individuals and enterprises, is to their lasting dishonor; and the future historian will refer to them as exemplars of a policy from which Machiavelli could have drawn rich materials with which to instruct his Prince Constant familiarity with Southern journals for several years past has forced us to believe that the press of the South is more directly responsible for the revolution than the leading actors in it. This view is confirmed by the opinions of many eminent and candid Southern men.]

The Committee of
Thirteen.

take care that it does reach us before it can reach the forts, the forts will be taken, because such a course is necessary to our safety and self-preservation; therefore,

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Resolved, That the President be required to communicate to the House what information he has received, either oral or in writing, to the effect that if the forts of Charleston are further reinforced, the forts will be taken by any force or authority hostile to the authority and supremacy of the United States."

The reading of this resolution and preamMr. Breckenridge, Speak-ble caused much excitement on the Southern Taken in connection er of the Senate, on the side of the House. 20th, announced the Com- with Mr. Clark's Resolution of Inquiry in mittee of Thirteen, on the Crisis, under Mr. the Senate, it foreshadowed a purpose to Powell's resolution, viz. :-Messrs. Powell, compel the President to reveal all his dealHunter, Crittenden, Seward, Toombs, Doug-ings with the conspirators against the Union las, Collamer, Davis, Wade, Bigler, Rice, -a revelation which Southern members, and Doolittle and Grimes. Mr. Jefferson Davis, a few Northern Democrats strenuously opof Mississippi, preferred a request to be ex-posed. cused, “on account of the position in which the State stood." He afterwards, however, consented, at the request of Southern Senators, to serve.

No further proceedings of interest to our subject transpired in either House during the week, the Pacific Railroad Bill, the Deficiency Bill, &c., &c., being under considera

In the House, December 20th, Mr. Delano, tion.

CHAPTER XIV.

THE SOUTH CAROLINA

CONVENTION. THE

ORDINANCE OF

SECES. SION. GENERAL PROCEEDINGS. THE DECLARATION OF INDEPENDENCE ADOPTED.

Assembling of the
Convention.

THE South Carolina Con- | ordinance proper to be vention of Delegates as- adopted by the Convensembled in Columbia, De- tion, was submitted by Mr. cember 17th. After four ballots for Presi- Inglis, viz:dent, General D. F. Jamison was chosen to preside over its deliberations. The smallpox raging as an epidemic at Columbia, induced the Convention to adjourn to Charleston.

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The Convention's
Proceedings.

The Ordinance of Se-
cession.

"AN ORDINANCE to dissolve the Union between the
State of South Carolina and other States united
with her under the Compact entitled the Consti-
tution of the United States of America.'

"We, the people of the State of South Carolina, in
Convention assembled, do declare and ordain, and it
is hereby declared and ordained, that the ordinance
adopted by us in Convention, on the 23d day of May,
in the year of our Lord 1788, whereby the Constitu-
tion of the United States of America was ratified,

and also all Acts and parts of Acts of the General
Assembly of this State ratifying the amendments of
the said Constitution, are hereby repealed, and that
the union now subsisting between, South Carolina
and other States under the name of the United States
of America is hereby dissolved."

Dec. 19th, theConvention assembled in Charleston, and held a session, on that This was passed by the unanimous vote of day, chiefly to organize, name committees, 169, at a quarter past one o'clock, P.M., (Deand prepare for business. As preliminary to cember 20th.) The fact of its adoption was ima full understanding of the responsibilities mediately given to the great crowd gathered and changes to be incurred by secession, mem-in front of the building, creating the wildbers had a free interchange of sentiments-est enthusiasm, while the news flew over Chancellor Dunken and Judge Magrath mak- the wires to the uttermost corners of the ing speeches. Several important resolutions, Union, to excite and interest the public. looking to a Conference of States to form a An interesting debate new Government, to a Commission of adjust- followed, in the Convenment to the President, &c., &c., were referred tion, upon the adoption. to the proper committees. In order to show how the act affected the immediate interests of the State, in the opinion of the leading men of the Convention, we may give a summary of their remarks:

On the 20th, a committee was named to draft a Summary of Causes of the secession of South Carolina. Mr. Rhett's resolution to appoint a Committee of Thirteen for the purpose of providing for the assemblage of a Convention of the Seceding States, and to form a constitution, was adopted. A report from the committee to prepare and draft an

Interesting Debate

Mr Magrath-I think the special matter of the ordinance should be immediately considered. To my understanding there is no collector of the port nor postmaster now

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INTERESTING

DEBATE.

95

What

within the limits of South Carolina.
you have done to-day has extinguished the
authority of every man in Carolina deriving
authority from the General Government. I
am in favor of this body making such pro-
visional arrangements as may be necessary, in
the interval which may exist between this
moment and the time when the Legislature
may act. I am not, however, to be implicated
as sanctioning the idea that there is no lawful
authority, within the limits of the State, ex-
cept the General Government.

Mr. Gregg-After South Carolina abrogated the Constitution of the United States, are its laws still in force? I think not. All the laws of Congress fall instantly to the ground, on the act of secession.

Mr. Cheves-As an immense chasm will be made in the law, and as it is necessary, to avoid inconvenience to the people, we must make some temporary arrangements to carry on the Government.

Mr. Gregg-There is no law on the subject of the collection of the duties in South Carolina now. We have now accomplished the

work, after forty years.

Mr. Haynes-The Congress of the United States is no longer our government. It will be for our Legislature to say what laws of the United States shall be continued, and what not. The simple act of secession does not abrogate all the laws. We have a great many laws on our statute books, which were passed by the Governor and the Privy Council. Mr. Gregg-The Congressional laws for the collection of revenue are for the support of the Federal Government at Washington, and all our Post-Office laws fall, on our dissolution with that Government.

Mr. Miles-We have to deal with facts and stern realities. We must prevent confusion, anarchy, and the derangement of our Government affairs. Things must, for the present, remain in statu quo, or confusion will arise.

Mr. Hayne-Sudden action is injurious. Mr. Chestnut-Two questions are involved -power and duty. We must preserve our people, not only from inconvenience but chaotic condition. We must revivify such laws as will best preserve us from calamities. As to duty, if you turn the ship of State adrift, what will become of the officers ?

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Mr. Maseyck-There is no duty for the Collector of the port to do. The Post-office has been swept off. My opinion is, that the present system of postai arrangement is a nuisance. The public can be better served by private parties between cities like Philadelphia and New York for one cent instead of three, and between less important, ten or more cents.

Mr. Calhoun-We have pulled a temple down that has been built three-quarters of a century. We must clear the rubbish away to reconstruct another. We are now houseless and homeless, and we must secure ourselves against storms.

Mr. Dunkin-If that ordinance be passed, things will go on in the Custom-house and Post-office exactly as now, until other arrangements can be made by this Convention. There is nothing in the ordinance to affect the dignity, honor, and welfare of the State of South Carolina. We must keep the wheels of the Government going. The Constitution of the United States is not entirely abrogated by the ordinance. What is legal tender in the payment of debts? Is it not gold and silver of the United States? In the case of clearing and entry of vessels, we are very liable to have the same confiscated.

Mr. Carroll-The present revenue would be continued till an act of the Legislature authorized otherwise.

Mr. Brown-There is no longer communication with the Government from which we are just separated.

Mr. Dunkin-The spirit of the ordinance must be temporarily sustained till we treat with the General Government.

Mr. Gregg-The President of the United States has thrown down the gauntlet in his Message. He has said that it was his duty to collect the revenue, and that he would do it. On one side, the Federal Government claims the right and declares its intention to execute the powers of collecting revenue in our ports; on the other side, we have declared that we are free. I desire no compromise. Is it necessary to maintain the 15 to 40 per cent. duties imposed by the Congress of the United States? Should these duties continue to be levied, our people will suffer a terrible calamity. For carrying the mails, let the present contracts

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