The New York Herald Newspaper, December 10, 1860, Page 1

THE NEW YORK HERALD. WHOLE NO. 8859. Important Proceedings of the South- : ern Caucus in Washington. Another Anti-Abolition Outbreak im Boston. BMPORTANT MOVEMENT IN NORTH CAROLINA. The Southern States Falling One by One into the Line of Secession. Interesting Opinion of the Attorney General of the United States. ’ .What They Say im South Carolina of the Presdent's Menage The Character of Abolitionism, by the Rev. Mr. Van Dyke, of Brooklyn,{ ae, kes, Re. IMPORTANT PROCEEDINGS OF THE SOUTH- ERN CAUCUS IN WASHINGTON. i, ‘Wasmiotox, Dec. 9, 1860. Recretary Cobb has completed his lettter to the people of Georgia, and it will be made public in aday or two ‘He avows the most ultra sentiments, and scouts the idea that any compromise or adjustment can be made with the North, He discusses at great length the issues involved im the struggle between the North and the South, and maintains the clear and unquestional right of a State to secede, His views are diametrically opposed to those of the President, so much #0, indeed, that the moment they are published he will be to retire from the Cabinet. He is in daily ex- pectation of intelligence from his State that he has been “pom inated as a candidate for member of the convention. ‘The moment he receives despatches to that effect he will eave for Georgia at once. ‘The great importance of the caucus of Southern Sena- tors bas induced me to follow it up. Its action set- tles the question so far asthe South is concerned, It “was attended by all the Soutbern Senators in the city ‘excepting Iverson. He was invited, but refused to at- tend. Breckinridge was also present. Its deliberations ‘were grave and dignified, and the debates exceedingly able and interesting, but no programme of Congressional action was agreed upon, or indeed seriously urged. Senators from States where the Legislatures have been called, or conventions ordered to consider the pre- sent position of federal affairs, held that we subject had been taken out of their “hands, and were quite unwilling to commit themmeelves to any course of action in Congress, They Baid no carthly power could arrest the tide of dissolu- tion, and that the only question to be considered is one of reconstruction. With them the proposition of Senxor Powell, to raise a select committee, met with no favor. It is even doubtful if any one of them would consent to serve on such committee. ‘The right of secession seemed to be almost unanimously conoeded in the caucus, and the doctrine of coercion as repudiated. Indeed, it is not certain that any Senator , except Crittenden, dissented from these views, and even’ he did not think cvercion wise or practicable. ‘was in this regard that the action of South Carolina ‘was covsidered so potential. She was determined to go out, and when out the other fourteen slaveholding u were committed to maintain her. Whether action was wise or unwise, they held it to Ihe right, and they would not stand by and see war waged ‘on her for the exercise of that right, though an impolitic step for herself, Thus, it was held, if South Carolina goes out she must be treated as rightfully out of the Tnion, and permitted to remain out, else war between ithe slave-holding and the non-slaveholding State follow. But South Carolina need not go it alone. One of the most conservative and i members of the caucus stated yy that the developements had convinced him that to the extent of five, if not seven States, be- the 16 of January, was inevitable, and that no- that can be done in Congress will arrest the dis- ‘The great effort now among the Southern men is to get and to induce all the States to act together, in that they may be able to command such new wntees for their rights as are necessary in of reconstruction, or to be able to take of themselves if it be determined that the free slave States must separate forever, ‘This new an¢ important and formal programme has presented for the consideration of the Southern and was talked over in their caucus. It ema- from Lamar, the able representative from Mixsis The firat Object is to get the cotton States to post- final action #0 as to give time to the other Soath- States to cooperate with them. The plan to have all the Southern States in separate ventions at the same time, and to adopt the present ment of the United States at first, without any jong; to provide for the execution of all lands and and for the general and peaceable operation of the wachinery of the present goverument, even after ercl States bad solemnly withdrawn from the Union, kd iwvite all the other States to joiu with them, with the that New England will stay out ‘The firet feature in the programme is w have all the aihern States in Separate Convention at the same time, 4 have guch perfect understanding that they should ou samo day adopt the same ordinances verbatim o itim, , that sock ordinances, whilst severing in a sol- way the bonds which unite the said States to the d States of North America, shall provide that the titution and laws of the United States shall remain full foree and effect amongst the seceding States, and it the present constitution shall be their constita avd compact. ind, that the laws and decisions of courts which are of force in the republic of the United States of North ica, under the authority of the government thereof do adopted as a body of laws for the federal govern of this, the United States of the Soath. ourth, that the people of these United States South hereby bind themsclves to observe and soundly anc dly carry ont the stipulations of all treaties subsist. between the United States of North America and governments anterior to the date of this ordi. pe, until such treaties are changed or altered, or are d by such nation with this government. h, that the following persons are hereby appointed for the State of ———, and are hereby aa and empowered to cast the vote of this State, on may be agreed upon, for President and Vice t of the United States South; and snch persons as receive the highest number of votes, according to constitution whieh has been re-adopted, slall be and inangurated, aud invested with the powers by the same constiiytion upon the Execative twentieth day after the adoption of this ordinance. ‘th, that the conventions are to provide for an im. jate convention Of a Congress of the United States h, ether oppoimted by themselves or anthoriging the A representatives to act, and that alf officers, mail , marshals and judges shall retain their offices otherwike ordered Wasitinetow,, Dee. 9, 1800, the most conservative Congressmen f ox the belief that there is no prospect of ing other States from following the secession ex- of South Carolina, others are hopeful that some. may yet be done in the way of compromisé, which may at least ‘Preserve the border slave States in the Union with the non-slayeholting Among tho plans suggested by gentlemen ing to the Intter class of Congresemert it the cs” nnent of a line, by an amendment to the cometity Similar to the Missouri compromise, Other am fd have been subtaltied to goneider tina vy mont MORNING EDITION—MONDAY, DECEMBER 10, 1860. bers from a!) sections of the country. As they have re- ceived some degree of favor, it may be mentioned they provide:—First, Territory shall not be acquired ether- wise than by treaty. Second, the whole inhabitants of any Territory numbering twenty thousand ehall have the right to elect all officers necessary for its government under the rules prescribed by am act of Congress, and the Legislature thereof may determine whether to recognize slavery or not during its Territorial existence. Third, Whenever any Territory, to its assuming State sovereignty, having white inhabi- tants equal to the number required for a representative in Congress, and having submitted its constitution to a vote of the people, applies for admission, it shall be ad- mitted into the Union, whatever may be its provisions in regard to slavery, upon an equal footing with the original States. Fourth, Congress shall not interfere with slavery where it exists under the sanction of law, nor eball it prohibit the transportation of slaves from one slave State to another. Wasinycrow, Dee. 9, 1860. An absurd report is in circulation that Mr. Lincoln sent 4 telegraphic despatch to a Southern fire-eater informing him that as he, Lincoln, is now declared by thefaction of the Electoral College to be President elect, he shall no Jonger hesitate to issue a manifesto that will be perfectly satisfactory to the South. There is not the slightest foun- dation for the report. Mr. Lincoln does not make his views known through any such sources. Considerable interest is manifested here to see the let- ter of John M. Botts, whioh appears in the Alexandria Gasette to-morrow morning, on the subject of secession. He will take strong ground against the right to secede, and will appeal to Virginia to stand firmly by the Union. A South Carolina democrat, holding an office under the present republican House, who fought gallantly in Mexi- co, and who would prefer to remain in the Union if his State would do so, said yesterday that South Carolina would have to take Fort Moultrie as a matter of necessi- ty, and hold it, as her principal point of defence against what now threatens that State in the event of secession, which all declare to be her solemn intention. 1 Jearn from a direct source that the men are already picked, and are principally concentrated in Charleston, who are to be assigned the duty of taking Fort Moultrie, Ladders fo sealing the wails are constructed and other preparations are made for the attack. The assaulting party are only awaiting orders to strike. In the meantime the fort is manned with a force weak in numbers, with strict orders from the President to act only on the defensive, which deprives them of the privilege of preparing to meet an ‘enemy who approuches them under the pretence of peace, when effective preparation will be out of the question. It is stated by some persons here that General Scott advised the President, some time since, to strengthen the force at Fort Moultrie; but instead of complying with this advice, the President caused the troops stationed there to be ardered to California, when there were plenty of other troops who could have been detailed to that duty. North. | ern people here, as well as Southern, are writing letters | depunciatory of the administration for what they allege | to be its dilatoriness in the present state of affairs, | It is rumored here to-day that Governor Hicks, of Maryland, bas decided to call together the Legislature of | that State to consider the present national crisis. It is said by many today that the Union feel- ing is strengthening. This parfly grows ont of the fact that developes itself that the disunion panic now prevailing results mainly from the action of ambitious politicians South, and from speculators in | stocks North and South, whe have succeeded by misrepre- | senting the views of the conservative republicans of the North, and also by giving currency only in the South to the most intense abolitionism of such men as Garrison and Phillips, who are anti-republicans and denounce the republican party in stronger terms than sjaveholders do, Complaints are frequently made that the present times do not produce the men for the occasion, as bas been the case in former troublesome times The answer made to that by the republicans generally is that the past bas always found men ready to compromise away the cherished principles of the North, and thus succumb to the South. Heuce their greatness They say that the present crisis doce not demand tha’ style of greatness; that compromises are unpopular and obnoxious; besides, that there is nothing left for the North to compromise away, were the people +0 inclined; that the North has committed no unconstitutional act nor made any threats that she will do so, The republi cang insist that the South have got everything. They have a Fugitive Slave law, a Senate, a Supreme Court, with its Dred Seott decision, and in the next Congress they will have both houses in their favor. The North have nothing ow but State governments, and on the 4th of March next they will have a President, with all the above influences against them. The republicans do not bglieve that the South demand every day is rendered stronger. The wives of officers and men have packed up their effects, ready to quit at @ moment's notice. ‘The Legislature wil) probably sit during the Conven- tion, ‘News from Florida shows perfect unanimity in that State for secession, and the enthusiasm is increasing daily. Lincoln was burnt in effigy at Fernandina on Fri- day last. ‘The Convention election returns from districts which ‘went for co-operation in 1852 show a great revolution in public opinion, the vote in favor of separate secession being twenty to one against it. ANOTHER ANTI-ABOLITION OUTBREAK IN BOSTON. Bostox, Dec. 9, 1860. The Union lovers were at work again to-day. ‘The Twenty-eighth Congregational Society held a religious meeting at Music Hall. The house was crowded. The negro Douglass delivered the lecture. After the lecture, be made some remarks relative to free speech which caused great excitement and finally ended in a row, One man put out of the hall. IMPORTANT FROM NORTH CAROLINA. THE CALLING OF A STATE CONVENTION TO DECIDE ON THE SECESSION QUESTION. Raumicn, Dec. 8, 1860, f The Joint Select Committee on Federal Relations bave agreed to report on Wednesday next a Dill to call a Con- vention of the people to determine what North Carolina shall do in the Present crisis. GEORGIA. OUR MACON CORRESPONDENC Macoy, Ga., Dec. 3, 1860. The Sentiment of the South—Will here be Secession? — What the People Think and Say, de. ‘The revolutionary feeling here seems to be a deep seat- ed sentiment in the bosoms of all classes of people, al though with differing degrees of intensity. Those who aim at an utter agg final separation from the non-slave- holding States are The fewest in number, but the most excited in action and violent in expression; while among the majority there is at bottom a love for the Union our fathers made anda desire to perpetaate the benefits it conferred, provided the fraternal idea which pervaded the spirit in which the federal compact was once held can be restored in the North as well as inthe South. But the unanimous sentiment here isthat there can be no fraternity without equality; that the idea which lies at the basis of the black republican party—that the States having the institution of slavery must not only be ex- cluded from the Territories, but also belted round witha line of free States with a hostile social organization~is the most complete denial of equality to the slave States in the Union, and therein is insulting to every citizen of them. This reduces the question to the point of honor— to that point where every interest, where all questions of mere dollars and cents, are discarded, and the issue takes: the form which rouses the nobler and the baser passions alike in self-defence. Under this impulse Georgia will imitate the anticipated action of South Carolina, and by a convention of dele- gates of the people declare the State out of the Union after the 8d of March next. In taking this course it is supposed by the leading men here that there will be co-operation of five, and probably of eight, States, aud that in these no federal authority will be allowed to be exercised from the moment Mr. Lincoln takes his seat in the Presidential chair, What practical steps will be taken after that time in regard to the revenne and other federa) laws is not yet developed. There is an evident disposition to arrange all matters relating to property, rights of the federal go- vernment and other similar questions in an amicable manner, although some of the more enthusiastic seces- sionists hope that a collision will take place, and blood be spilt, This would unite the whole South in a spirit of resistance, and be hailed ga « second Lexington in Ameri- can history, rendering all aruieable arrangement imposst- bie. As to the practical working of secession, there is as yet — no combined plan of operation on the part of the States resuming their rights of sovereignty in full. I am per- mitted Wo send you the following extract from a letter written two days since 1% leading secessionist iu South Carolina to a gentleman in this city: — “We are all of one way of thinking here as to the main end, but there is a blindness, an incapacity, or an unwil- lingness, to look into the future, which causes me no little disquietude, and I fear the trial is yettocome, * * © But go out we will, cost what it may eventually. ‘This state of things leaves the public mind here, and even in South Carclina, well disposed to receive impres. sions from the tone of the President's Message and the discussions thereon in Congress. Should these be mode- rate, and the proposition for @ National Convention to amend the constitution, so as to recognise the equality of the States i the common Territories, and protect the South from Congressional action in a sense hostile to slavery, be well received in Congress and in the Northern States, all may yet be well, But should the black a. lican members take a defiant position on of 7 , and the idea of a National Convention fihe ‘North, nothing can save the C avail to tell # Southern man that in to carry slaves into the Territories an abstraction; the reply immediately abstraction for the South, it tx much more so for the is cont is that if it ie the surrender of their State organizations or their Presi- 4 a, dent elect. ‘The inquiry naturally arises, in discussing pon pwd Son aie ¥ ae ee this qaestion—-What do the South demand? The an- | should not endeavor to force the South to give up the ab- swer generally follows: the surrd@der of fugitive | stract right of equality, us this would convey a concession slaves. To this demand the North do not seem to | wae ee eee object. They only ask that the federal officers noxious duty upon the local officers of the several States, laws will do the work, and not attempt to impose the ob- | | in | nor violate constitutional State catching business. ‘The people of New England are said to be strongly im- | pressed with the idea that nearly, if not all of the fugitive | slave cases that ever cceurred within their limits, were specially gotten up for political effect, aud to humiliate New Engiand, and Massachusetts especially. } It is believed here that the people of Massachusetts, and | every other State in the North, would not dbject to the execution of the Fugitive Slave law if | the federal government will do it Cuiely, in accordance | with the law, and not in «pile of it—will exeeute it modestly, with the simple intention of doing what may ve claimed as justice to the slave claimant, and not with an alr of arroganee, « display of troops, and with the | avowed purpose of hnmiliating and diagracing the North This is the tone of the prevailing feeling here now. | Further than thie [do not think (he republicans will go. They are very resolute, are very united, and positive | against the right of any State to seeede peacefully. With them it is: Union and pence; secession and fight. There | is no halfway talk about the matier with them, and it is deception on the part of any man to attempt to disguise it, Tt ie proclaimed to-night from the highest sonrees that Secretary Cobb has decided to resign. The Caion conser: the nigger vatives are congratalating themselves and the country upon the fact Another report is in cireulation to-night, to the effect | that Lord Lyons has taken exceptions to the recent letter of Secretary Floyd, and has demanded of the President to know whether the sentiments contained in that le relative to England are endorsed by the administration, and if so, has signified his intention of demanding his passports, I am satisfied that there is not a word of truth in the rumor, as it is known that the President does not entertain the sentumenis Contained in Secretary Floyd's letter, Members of the Committee of Ways and Means expect | to be able to put through the House to-morrow a Treasu TY note bill to the amount of ten millions Wasuiverow, Deo. 00.90 M | Upon investi , 1 learn from the most responsible source that there is no foundation in truth fr the report that Secretary Cobb has resigned. Besides, hie future engagements with gentlemen to transact business with the department forbids the possibility of svch being the | ; fact. The Cabinet bad a Jong special session yesterday, and it is supposed by many that Mr. Cobb's resignation was dis cussed at that time, but it is undoubtedly « mistake Wasmvetow, Dec. 0, 1960. Senator Powell will to-morrow call up his resolutions, offered in the Senate on Thureday last, for a Union gaving committee, and Senator Wade, of Ohio, will assail them im a defiant speech against the seecssionists. From pre- Rout appearances he will be sustained by the majority of republican Senators. A report says that Senator Benjamin made a disu speech in the Southern Senatorial caucns yesterday. Rev. Mr. Stockton, Chaplain of the Monee, proached a strong Union sermon in the hall of the House to-day, which drove out some of the disunioniate IMPORTANT FROM CHARLESTON. Chanumerow, Doo. 0, 1800. Theve Js groat activity at Port Moultrie. The defence | ern aggression, whieh bears in its From the conversations I have had with many public men and private citizens here, 1am led to believe, that although the coming conveution will declare the State out of the Union from and after the 4thof Mareb, and may authorize and instruet the State government to resist and prevent any exereise of federal euthority within its lim- iis from that day, still the State will go into a National Convention to re-establish the federal compact, if it can de done on a basis of equality. But it is impossible to | ignore the fact that all the young men, of whatever po- | litical creed hitherto, are now united for secession, avd | that there is as yet no indication of a wish ore. poaribil the older men to restrain ty on the the most netive secession movements are in | the cities and towns, | have been struck with the foeling displayed by the country people. It ts not violent in its character, Bat evinces & calm aud firey determination 00 defend their social institutions, on principle, from North. ranoe & marked resemblance to the genera) anti slavery feeling witnessed im the raral districts of the North Deep-seated, calm and careless of comsequences. OPINION OF THE ATTORNEY GENERAL OF THE UNITED STATES ON SECESSION. ATIURNEY GENERAL'S Orrien, | Now. 20, 1860. | f Sin-—I have had the honor to receive your note of the 17th, and I now reply to the grave questions therein pro- ponnded as fully ax the Cime allowed me will permit, Within their respective spheres of action the federal government and the government of a State are. both of them independent and supreme, but each is utterly Jese beyond the limits assigned to nnust 1f Congress would attempt to chai to make a new rule of personal ruccession, or to dissol the family relations existing in any State, the act would be simply void, but not more void than would be a State law to prevent the recapture of fugitives from labor, to forbid the carrying of the mails, or stop the collection of duties on imports, ‘Tho willof a State, whether ex pressed in its constitution or laws, cannot, while it re- mains in the confederacy 6 from the duty of obeying the just atv nited States are supreme and hind +y are passed in pursuance of the con say what might be effected by mere Tam peaking of legal and conatita- onary force tional right, ‘This is the view always taken by the Judiciary, and eo universally adopted that the statement of it may seem commen place. The Supreme Court of the United States has declared it (n many cases. I need only refer you to the United 8 vs. Booth, where the present Chief Justice, expressing the ananimous opinion of him- self and all his brethren, enunelated the doctrine iu terms so clear wnd full that urther demonstration of it can scarcely be required. ‘The duty which these principles devolve not only every officer, but every citizen, is that whieh Mr. J , son expressed #0 by yy? in his first inan ‘to support t 8 the most com) tent olministrations for their fc concerns, and the surest bulwarks against ant\- combined with “the preserva. in its whole constita- of our peace at home republican tendencies , tion of the general government tional vigor ns the, sheet anchor and wafety ‘To the Chiet Executive Magistrate of the Tnion is con- fided the solemn duty of seeing the laws faithfully exe- cuted. That be inay be able to meet this duty with a perfor he nominates hie own at his pleasure, For the the land and naval forces are under his or- commander-in-ciief, But hie power is to the manner Prescribed by the legitative accomplish a lexal purpose 3 himesif to prevent tne give the President a Fi = f z i emetimes limit bis “O certain man- Uhing to be done, without power to use euch means Bot” where ‘the tote # re 278 f BH ES. of the means by whieh they } | | } | of tal PRICE TWO CENT For instance, the revenues of the United ‘States are to be collected ’in a certain way, at certain established ports, and by a certain class officers; the no authority, under any circumstances, to collect the same revenues at other places, by a different sort of officers, or in ways not provided for. Even if the machinery furnished by Congress for the collection of the duties should by any cause become so Soares ken up that it could not be used, that would not be a legal reason for substituting « different kind of machinery ts 3 ‘The law requires that all goods imported into the United States within certain collection districts shall be entered port, and the duty thereon shall be received by the ctor appointed for and residing at that port. But the functions of the Collector may be exercised any- where at or within the port. There is no law which con- fines him to the custom house, or to avy other particular spot. If the custom house were burnt down, might removed to another building; if be were driven from the shore, he might go on board a vessel in the harbor. If he keeps within the port he is within the law. A port is a ! to which merebandise is imported, and from whence tis exported, It ix created by law. Ris mot mergly a harbor or haven, for it may be established where there is nothing but an open roadstead, or on the shore of a navi- gulbe river, or at any other plice where vessels may ar- rive and discharge or take in their car It compre- hends the city or town which is coceplea by the mariners, marcha, and others, who aro engaged in the ® business ing and exporting » bavigatin, ships, and furnishing them with provisions. Tt indiadies also 80 much of the water adjacent to the city as is usually occn- ied by comme the ging or by their cargoes, or lying at auchor iting for that % The rst section of the act of March 21833, authorized the President in a certain contingency to direct that the custom house for any collection district be established and kept in any secure place within gome port or harbor of such district, either upon land or on board any vessel. But this provision was temporary, and expired at the end of the session of Congress next afterward. It conferred upon the Executive. a right to remove the site of the custom house, net merely to any secure place within the legally establibshed port of entry for the district—that Tight he had before—but it widened his authority 30 as to allow the removal of it to any port or harbor within the whole dist ‘The cnactment of that law and the Mmitation of it to a certain period of time now past, is not, therefore,an argument against the opinion above ex- ased that you can now, if necessary, order the duties to be collected op board a veesel inside of any established pert of entry. other the first and fifth sections of the act of 1833, both of which were made temporary by the eighth section, should be re-enacted, ix a question for the Legislative department, ‘our right to take such measures as may seem to be necessary for the protection of the public property is very clear. It results from the proprietary rights of the —- as owner of the forte, arsenals, magazines, lock yards, navy yards, custom houses, public ships and other property which the United States have bought, built and paid for, Besides, the goverument of the United States is authorized by the constitution (art. 1, sec. 8) ‘to exercise exelnsive legislation in all cases whatsoever * * over all places purchased by the consent of the Legislature of the State in which the same shail be for the erection of forts, magazines, arsenals, dock yards and ether needful buildings.” It is believed that no important public building has been bought or erected on ground where the Legislature of the State in which it is has not passed a law consenting to the pur- chase of it and ceding the exclusive jurisdic. tion, This government, then, is not only the owner of those buildings and grounds, but, by virtue of the sn- preme aud paramount law, it regulates the action and punishes the offences of all who are within them. If any one of an owner's rights Js plaincr than another, it is that of keeping exclusive possession and repelling intru- ight ‘of defending the public property in- cludes also the right of recapture after it has been un- lawfully taken by another. President Jefferson held. the opinion, and acted upon it, that he could order a military force to take poreession of any. land to which the United States had title, though they had never occupied it be- ‘@ private party claimed and held it, and hough it was ‘then needed nor ved to be used for any purpose connected with the operations of the government. This may have been a stretch of Exccative power; but the right of retaking public property in which ‘the government pap gd on its lawful business, and from which its have been unlawfully thrast out, cannot well be doubted; and when it was exercised ut Harper's Ferry in October, 1869, every oue acknow- ledged the legal justice of it. T come now to the point in your letter which is proba- bly of the greatest practical’ importence. By the act of 1807 you may employ sueh parts of the Jand and naval forces wx you shai! judye necessary for the purpose of cnuting thé laws to be duly executed, in all cases where it is lawful to use the militia for the same purpose, By the act of 1796 the militia may be called forth “whenever the laws of the United States shall be opposed or the exe- cntion thereof obstructed ip any State by combinations: too powerful to be supprested by the ordinary course proceedings, or by the power vested in the Is.” ‘This imposes upon the Presideut the sole re- sponsibility of deciding whether the exigency has arisen which requires the use of military fore; and in propor- tion to the magnitude of that responsibility will be his E, ' care not to overstep the limits of his legal aud just autho- rity. ‘Pie laws referred 10 in the act of 1796 are manifestly those which are administered by the judges and ex6- cuted by the ministerial officers of the courts for the punishment of erime against the United States, for the protection of claimed under the federal constitution ‘and laws, and for the enforcement of such obligations as come within the ‘ot the federal judiciary, ‘To compe! obedience to these laws the courts have authority to punish all who obstruct their regular adininistration, nd marshale and their deputies bave the same ties in the several States: es. These are the ordi- ded for the execution of the laws, and executing the laws of the only mili force can be called into the cpudiin must be purely defensive. ‘only «uch combinations as are found di- Tt can suppress opposing the laws and obstructing the execution thereof, It can do mo more than what might and ought # civil posse, if a civil posse could be raised large enough to meet the same opposition. On sach oc- conlous expecially the military power must be kept in strict subordination to the civil authority, sinee it ts only in aid of the latter that the former can act at all. But what if the feeling im any State against the United States should become #0 universal that the federal officers themselves (including judges, district attorneys and mar- shale) we ‘be reac! by the same influences and re- eee? OF Cov bo fret step would be to appoint ¢ in their hers could be got w Bot, in such an ¢ ts more than probable that great ly would be iound in filling the offices, ‘We can easily conceive how & — become impossibie. “We are therefore obliged can be done in rae we have no courts to , ane no officers to execute it. event troope would certainly be out of , and their use wholly (egal, If they are sent to aid the courts and marshals, there must be courte and marshals to be aided. ‘Without the exereiee of thore functions, ewlusively to the civil service, the laws cannot be exe. cuted in any event, no matter what may be the phy sical strength which the rrment has at its com: mand. Under sneh cirevmetances, to send a mili tary force any State with orders to act against the people Would be simply making war upen ther ‘The existing laws put and Keep the federal govermme tly on the defensive. You can foree only to Jan assault on the public property aud aid the courts the performance of their duty. "If the means given te collect the revenue and execute the other laws be insufficient for that purpose, Cougress may exteud and make them tore effeetyial to that If one of the States thould declare her independence. your action eannet depend upon the rightfulness of the which soch declaration is based. Whether Tent of a State from the Union be the exeretse t reserved in the conetitut ra revolutionary , it is certain that you hi t in cither case ity to recognise hier independence oF to ab. ive her frem ber federal obliga € reve or the her States in convention axembled must. take sueb ne may he necessary and proper. In euch an event no course for you but to go straight onward in the path you have hitherto trodden—that Is, exeeut the lawe extent of the defensive means placed in hi and act generally upon the assomption that pre netitutional relations between the States and the federal government continue to exist until « new order of things shall be establiched either by law or forer, Whether Congress has the constitutional right to make war against one or more States, and require the Exeeut of the federal government to carry it on by means of foree to be drawn from the other States, Is a question for Congress itself to consider, Tt mnst Jedi. npn Le such power is expressly given, nor are there auy words in the constitution whe imply it, Among the powers enumerated in article 1, section 8, is oat 0 declare war, nt letters of ue and reprisal, and to make rules Scacerning captures vw land and water.” This certainly means more than the power to commence and carry on hostilities against the foreign enemies of the na tion, Another clanee in the same section gives Congress the power ‘to provide for ealling forth the militia,” and to nee them within the limits of the #tate. Bat this power is eo restricted by the words which immediately follow, that jt can be exercised only for one of the following co Pare cxcente the laws of the Tnion; that ie, to ald the federal oflicers in the performance of their regular duties. 2. To suppress ineeurrections against the States; but thie is confined by art 4, section 4. to eases in which ate heraett shall a for a®ei-tance agnine own a va repel the invasion of a State by enemies who come from abroad to aseail ber in her own territory. All these provisions are made to protect the States, not to authorize an attack by one part of the country upon an- other: to e their and not to plunge them into civil war, Our forefathers do not seem to have thought that war wae caloulated “ to form a more perfect unton, establish justice, insure comestic tranquillity, pro it the common defence, promete the general wel fare and secure the blerwings of Hberty to ourselves and our pesterity.”” ‘There was nndoubtediy a strong and universal convietion emong the men who framed and ra- fifled the constitution Chet teititery free would not only he neclees, Wot pernicous ae a Meave holding the States together ' TE ito Cene Cyt war Conmot te deeingod nor @ ayetens of getuel Restih carried oo by the coatra! govora- ment against a State, then it seems to follow thet an at tempt to do #0 would’ be ipee facto an expulsion of sueh State from the Union. Being ‘treated as an alien and an enemy, she would be compelled to act accordingly. And if Congress shall break up the present Union by uncousti tutionally putting #trife and enmity and armed hostility between different sections of the country, inatea | of the ‘domestic tranquillity” which the coustitution was meant to insure, will not all the States be absolved from their federal obligations? Is any portion of the people bound to contribute their money or their blood to carry on a contest like that? The right of the general government to preserve itself in its whole constitutional vigor by repelling a direct and positive aggression npon its poeterts ce its officers cxnnot be denied. But this is a totally different thing from an offensive war to punish the people for the political mis deeds of their State government, or to prevent a threat- ened violation of the constitution, or to enforce an ac. knowledgment that the government of the United States is supreme. The States are colleagues of oa another, and if somo of them shall conquer the rest an hold them as subjugated provinces, it would totally destroy the whole theory upon which they are now connected. If this view of the subject be as correct as } think it is, then the Union must utterly perish at the moment wheu Congress shall arm one part of the people against another for any purpose beyond that of merely protecting Ue general government in the exercise of its proper consti tutional functions. 1 am, very respectfully, yours, &c., J. SO BLACK. To the Prrapest of the United States, THE CHARACTER AND INFUENCE OF ABOLITIONISM. Sermon Preached in the First Presbyte- rian Church of Brooklyn Last Even- ing, by Rev. Henry J. Van Dyke. The First Presbyterian church, corner of Remsen and Clinton streets, Brooklyn, was densely crowded last evening with a highly intelligent congregation, who lis tened with marked interest and attention to a discourse from their pastor, Rev. Henry J. Van Dyke, on the Charac: ter and Influence of Abolitionism from a scriptural point of view. In his opening supplication the reverend gentle- man prayed that Providence would bless our Southern brethren and restrain the passion of the evil among them; that the master might be made Christ's servant, and the servant Christ's freeman, and so both sit toge. ther united in Christian love in that church founded by Christ and His Aposties in which there is neither Greek nor Jew, male nor female, bond nor free, but all are one in Christ Jesus. He also prayed that God would bless the people of the Northern States, restrain the violence of fanatical men, provide for those who, by tho agit tion of the times have been thrown out of ewployment, keep the speaker himself from teaching anything which was not in accordance with the Divine will, and disabuse the minds of his hearers of all prejudice and passion, so that they might be willing to be convinced of tho truth, His text was chosen from Paul's First Epistle to Timo- thy, sixth chapter, from the first to the fifth verse, in elusive 1. Let as many servants as are under the yoke count their own masters worthy of all honor, that the name of God and his doctrine be not blasphemed. 2. And they that have believing mastery let them not despise them, becauso they are brethren; but rather do them service, because they are faithful and beloved, rtakers of the benelit. These things teach and ex. man teach otherwise and consent not to wholesome words, even the words of our Lord Jesus Christ, and to the doctrine which is according to godli ness, 4. He is proud, knowing nothing but doting about questions and strife of words whereof cometh envy, strife, railings, evil surmisings, : desittate of che truth, supposing tba gals a" godliness: mumatmawme IT propose, he said, to discuss the character and influence of abolitionism. With this view I have selected a text from the Bible, and purpose to adhere to the letter and spirit of its teaching. We acknowledge in this place but one standard of morals, but one authoritative and in. falible rule of faith and practice. Yor we are Chris tians here; not Papists to bow down to the dictation of any wan or church; not heathen philosophers, to grope our way by the feeble glimmerings of the light of nature; not modern infidels, to. appeal from the written law of God to the corrupt and tickle tribd of reason and humanity; but Christians, on whose banner is inseribed this sublime chalienge— To the law and to the testimony—if they speak not according to this word it is because there is no light in them.’ Let me direct your special attention to the language of our text. There is no dispute among commentators, there ts no room for dispute as to the meaning of Ure expres sion “servants under the yoke.’ Even Mr, Barnes, wh is himself @ distinguished abolitionist, and has done more perhaps, than any other man in this country to propagate abolition doctrines, admits that “the addition of the phrase ‘under the yoke’ '' shows undonbtedly that it (/ ¢. the original word dowlee) is to be understood here of slavery. Let me quote another testimony on this point from an eminent Seotch divine, | mean Dr. McKnight, whose exposition of the epistle is a standard work in Great Britain and in this country, and whose assoetutions must exempt him from all suspicion of pro-slavery preju- dices. He introdnees his exposition of this chapter with the following explanation:—‘ Because the law of Moses al- lowed no Israelite to be made a slave for life without hisown consent, the Judaizing teachers, toallure slaves to their party, taught that under the gospel likewise invo- luntary slavery is unlaw!.!’ This doctrine the apostle ‘condemned here, as in bis other epistles, by enjoiuing Christian slaves to honor and obey their masters, whether they were believers or unbelievers, and by assuring Timothy that if any person taught otherwike he apposed the wholesome precepts of Jesus Christ and the doctrine of the gospel, which in ail points is conformable to godliness or sound morality, and was puffed up with pride without possessing any true knowledge either of the Jewish or Christian revelation."’ Our learn ed Scotch friend then goes on to expound the passage la the following paraphrase, which we commend to the prayerful attention of all whom it may concern. "’ Let whatever Christian slaves are under the ce of unbelievers pay their own masters all bedi ence, that the character of God whom we worship may not be calumniated, and the doctrine of the tmay ing to destroy ‘dhe political rig Christian slaves who have believing masters, let them not despise them, fancying they are their equala because they are their brethren rist; for, though all Christian as to reli masters in masters more y who enjoy th nd beloved of God ie masters, but ought to consent to the wholesome r formable to rality, he | knoweth nothing either of th revelations, t of both. Hw questions and for neh a de tion, evil ep ot sincerely 1 pirary to con Wl dewtliute m whatever which afford no foundation the source of envy, on Uieputings carried on dim their gempel y is the withdraw n wholly corrup doeirine th 6 DOL Aixpute with them The text, as thus expounded by an American aboll Gonlet and a Scotch divine, (whuse testimony need not all the other com! tore), is a prophecy written for these day fully applicable to our present elreumstances a life-like pieture of abolitioni«m in its principles, its rit and ite practice, and furnishes us plain instruction | regard to our duty in the pret Before entering wpon the disonssion of the doctrine, let ne define the terme mployed. By abolitioni#m wo mean the principles and And what is an abolitioni«t? slavcholding i «in, and ou therefore to be abolished. This is the fundamental, th characteristic, the essential principle of abslition)«m— that slaveholding ein—that holding men yountary servitude ie en infringement upon the righta of man, a heinous crime in the sight of God. A man may believe on political or conmer cial grounds that slavery ie an undesirable eyetom, and that slave labor is pot the most profitable; he mey have various views as to the rights of slaveholders under the constitution of the cowptry; he may think this or that law upon the étatute books of Southern States I be confirmed by qnotat! me fre is in in. unless he believes that m wrong. The aileged sinfuiness of slavebolding, ™ it ts the characteristic it ie the A and varkows hold upon mien in all its ramit that it ley strength of abel forme. Tt te by thie deetrine the hearts and conselences of 1 disturbing force inte eur coe! Hong, eral by exciting religione tory j.ovee to be the stron teal ond civil Intite imowity (whiel nit libs st of BEAMAN padsivos, , lin det Dr taught int 4 4] versal abolit Jewteh or the Christian thor was to gain for hy be pretends to have great knowledge | known world, so that by ite noiy distempered in bis mind about iin | Classes 6 ety it might quietly and peacefully modify mah Parts a peculiar intensity to every contest into which it enters. And you will perceive it is just here that abe- litioniam presents a proper subject for discussion iu the pulpit—for it is one great purpose of the Bible, and therefore one great duty of God’s ministers in its exposi- tion, to show what is sin and what is not. Those who hold the doctrine that slaveholding is sin, and ought therefore to be abolished, differ very much in the extent to which they reduce their theory to practice. In some this faith is almost without works. They content them- selves with only voting in such a way as in their jadg- ment will best promote the ultimate triumph of their views. Others stand off at what they suppose a safe dis- tance, as Shimei did when he stood on an opposite hill to curse King David, and rebuke the sin and denounce di- vine judgments upon the sianer, Others more practical, f not more prudent, go into the very. midat of the al- ledged wickedness and teach “servants under the yoke”? that they ought not to count their own masters worthy of all honor—that liberty is their inalienable right— which they should maintain, if necessary, even by the shedding of blood. Now, it is not for ‘me to decide who of all these are the truest to their own Principles, It is not for me to decide whether the man who preaches this doctrine in brave words, amid applauding multitudes in the city of Brook. lyn, or the one Who in the stillness of the night and in we face of the law's terrors goes to practice the preaching at Harper's Ferry, is the most consiatent abolitionist and the most heroic man, It is not for me to decide which is the most important part of a tree; aud if the tree be poi- sonous, which ié the most injurious, the root, or tho branches, or the fruit? But I am here to-night, in God's name, and by His help, to show that this tree of aboli- tionism is evil and only evil, root and branch, flower and leaf and fruit; that it springs from and is nourished by af utter rejection of the Scriptures; that it produces no real beneilt to the enslaved, and is the fruitful source of division and strife and infidelity in both church and State. I have four distinct propositions on the subject ta. maintain—four theses to wail up aud defend:— 1. Abolitionism has no foundation in the Scriptures, Il. Its principles have been promulgated chietly by misrepresentation and abuse. MH. It leads, in multitudes of cases, and by a logical process, to utter infldelit IV. Iis the chief cause of the strife that agitates and the danger that threatens our country. 1. ITRONISM HAS NO FOUNDATION IN SCRIPTURE, Passing by the records of the patriarchal age, and waving the question as (o those servants in Abratam’s family, who, in the simple but expressive language of Scripiure, ‘were bought with his money,” let us come at once to the tribunal of that law which God promulgated amid the solemnities of Sinai. What said the law and the testimony to that peculiar people over whom God ruled and for whose institutions He has assumed the re- sponsibility? The answer is in the 25th chapter of Leviti- cus, in these words:— “And if thy brother that dwelleth by thee be waxen poor and be sold unto thee, thou shalt not compel him to serve asa bond servant; but as a hired servant and a sojourner he shall be with thee, and shall serve thee unto the year of jubilee, and then shail he depart from #hee, both he and his children with him.’? So far, you will observe, the law refers to the children of Israel, who, by reason of poverty, were reduced to ser- vitude. ‘It was their right to be free at the year of jubi- lee, unless they chose to remain in perpetual bondage, for which case provision is made in other and distinct enactments. But not so with slaves of foreign birth. There was no year of jubilee provided for them. For wit seys the law? Read the 44-46 verses of the samo chapter, oth thy bondmen and thy bondmaids which thou shalt have shall be of the heathen that are round about you. Of them shall ye buy bondmen and bondmaids. joreover, of the children of the strangers that do sojourn among you—of them shall ye bay and of their families that are with you, which they beget in your land; and they shall ar possession. And ye shall take them. ag an inheritance for your children after you to inherit them as a possession; they shall be your bondmen for ever.” ‘There it is, plainly written in the divine law. No legis- lative enactinent; ‘no statute framed by legal skill was ever more explicit and incapable of pervision, the abolitionist tells me that slavebolding is sin, in the sim. plicity of my faith in the Holy Scriptares, I point him to this sacred record, and tell hitn in all candor, as my text does, that his teaching blasphemes the name of God and His doctrine, When he begins to doat about questions and strifes of words, appealing to the Declaration of In- dependence, and asserting Uhat the idea of property in men ig an enormity and ® crime, T still hold him to the record, saying, “Ye shall take him as an inheritance for our children after You to inherit them for a, .”? en be wasee wata—-as be always doce if kia opponens Seripture (which is the great test to try the spirits rther they be of God—the very spar of Ithuriel to reveal theit true character)—when be gets angry, and begins to pour out his evil Surmisings and abuse upon slaveholders— the precept which says, “from auch comforting myself with Uis t: withdraw thy sell that the wisdom of God ix wiser than meu, and the kind- f God kinder than men. Philosepbers may reason ra may rave Ul doomeday, they never can ne that God, in the Levitical law, or in any joned sin; and ax 1 know, from the phain passage Tha ted, and many more Like did sanction slaveholding among bis ancient ‘people, 1 Know, also, by the logic of that faith whieh believes the His Word, that slaveholding ix not sin. There are men even among professing Christians, and nota few ministers of the Gospel, who answer this argument from the Old Testament Scriptures by @ simple denial of their authority. They do not tell us how God could ever or anywhere countenance that which {& morally wrong, bat they content themselves with saying hat the Levitical Jaw ix no rule of action for us, and they appeal from its decisions to what they consider the bigher tribunal of the Gospel. Lot us, therefore, join issue with them be- fore the bar of the New Testament Scriptures. It is a historic trath, acknowledged on all hands, that at the ad-¢ vent of Jesus Christ slavery exieted all over the civilised world, and was —— interwoven With its social and civil institutions. In Jt , in Asia Minor, in Greece, in all the countries where the Saviour or bis Apostles preach ed the Goepel, slaveholding was just as common as it is to. day in South Carolina, It is not alleged by any one, or at least by any one having auy pretensions to sel ship or candor, that the Roman laws regulating slavery were even as mild as the very worst statutes wl have deen pasted upon the subject in modern times. It will not be denied by any honest and well informed man that modern civilization and the restraining influences of the Gospel have shed ameliorating influences upon the rela- tion between master and slave, which was utterly an known at the advent of Christianity, And how did and bis Apostles treat this subject?) Masters’ and slaves met them at every step in their missionary work, and were even present in every audience to which they hed. The Roman low which gave the full power of eand death the master's band was familiar to with the system sur tly ax the light of fact, whieh the abo: deny, that the New T tis utterly silent in regard to the alleged sinfal- ness of slaveholting. In all the instructions of the Sa- yiour—in all the reported sermons of the inspired Aposticon—in all the epixtles they were moved by the Holy Spirit to write for the instruction of coming genera, veholding, ner one cmancipate his saves,” every” acknowleliged sin is open: ly and repeatedly condemned and in unmeasured terms. Drunkeuness and adoltery, theft and murder—all the moral wrong whick ever have been known to aifiict so. ciety, are forbidden by name: and yet, according to the tewehing of abe this greatest of all sins—thia fom of all vilban ice —te poken of except in respect fol terms. How can this be accounted for? Wayland, whose work on moral science ie y of our seboule, answers this question, and whose children are studying that book dill 1 quote from Wayland's It looked not to lone, but for ite uni » the important object of its an it alodgment inevery part of the piversal diffusion among all To this manner universal moral revolation—have For if it had forbidden the evil, in ing the principle. If it had proclaimed the ery and tought slaves to resist the it would inatantly have ar- ly hostility throughout the ent would have been the ry naine of the Christian ten amidst the agitation an th alone enuld ite heen wecumylisbe tead of ube umlawfulne on of their Wn rayed the two parties civilized world: ite ann signal of servile war and the religion would have been fe of faesions of men. oppr niversal bloodshed We pane now to comment mpon the admitted fact that Jesus Chriet and his Apostles pursued a course en tirely different (rom that adepted by the abolitionists, to cluding the learned eather hireell, nor to inquire #1 the teaching of abolitiontem is not as likely to produce strife and Dloolshed In theve days as in the first ages of the church. What we now call attention toand protest against thin Apostles. Do om Christ te the ire Htation here enet nj the earth hy ceneraling ie Htenepinn FY profound eilenee inregard of ne ot the ver! p Teron believe that when he healed whem every honest commenta- caine to destroy * the er tor preci euk@y upel great faith 1 suffered that deprecated m's rervant When any part of ice airoid of a Vomit armeng the t abolition philesophers whether, as a idolvtry and. the views connceted with it were interwoven With the social and preachin inst idolatr: tot know that by deouneiog thie sin they brought down upon themeelves the whole power of empire’. Nero covered the bodies of the Christian tyre with piteh and lighted ap the city Ls. wit ing bodies, just haconse they we Jecinive the truth in regard) te ve the light of thet Heres for Dr. Weyland or any Pani held heel thei hemes Pinion wile wor, in whieh the religion weld have been for | Ctveb tinny retipeion [ creat porpoers ar by on honemt