The New York Herald Newspaper, January 19, 1861, Page 2

2 _ and td as which have been, sn@ <<< always will be, eki on the subject of slavery, until all men shail be | given eed as to the moral 8’44 economical principles on which it reste, This strucgie was attended with all the angry discussions which, had so sigually marked the two prov cus contests, Tuen, as new, disunion was threaten- ed—publia bodies resolyed on secession, and for two gears scarcely aby other question of interest was known ‘or oi°c0ssed ta Congress. at length, in September, 1550, Congress acted ly on the subject, and a peaceful, in some quarters, a :ullen acquiescence follo ved. jag spirits of all parties, however, at that time, ‘vowed eternal tidelity to that compromise, and the publio wind a: that time had reason to hope that, our domiaion having reached the Pacitic Ocean, future acquisition of territory would not be desired, and by consequence this @ister?ing question would got agai howe ve iy uri Compromise, and the attempt to extend slavery territory where, by that venerable law, it had been Frohiviied, this disturbing question was again opened “eat oi the grave in which it had been buried. In 185€, *bis fearful spirit of, discord arose, The present deplombie condition of the country bears wit- mess to the mischief which it fas wrought. We see strong and opposite parties maic- taiaing epposins opinions on this very question; these hott Wo Spinions are strenuousiy adhered to on each side, itHlesor no hope of agrecment without a surren- der <f convictions honestly entertained. An adjust- men: fowdcd upon legal principles, on which all will age =quite impossible, The expedient of with- druy mg the subject mettcr of controversy from this con- Bict of opinion, and by another mode of settlement giving ‘we the Seuth and the North all that cach, under existing eirommetances, woul’ expect or should desire to obtain, seme the committee the best, if not the only, mode of ‘pemces bly adjustment left us. The comm:tiee are impressed with the belief, growing feat ¢f the admonitions furnished by our past’ history, thsi, in @ republic constituted as ours iz, in all cases whe Fe parties are ot stinately divided in opinion on sub- Jeois which touch the interests, or make up the passions nt sections, it is the clear dictate of sound policy ‘uw the subject, in every way possible, from the strife “parties, and to keep the federal government as far remanced sm any cmnection with it aaa duty to the’ constitution wil permit. ‘The committee deem the present contro- versy, invol\ing the right to carry. slavery into ter- y not yet formed into State governments, one pecu- Marly fitted for the application of the principle just an- Bounced. i ‘It ie contended, on the one hand, that in all the territo- wy now in possesion of the United States, not embraced within the limits of any State, and lying south of the parallel of latitude thirty-six degrees thirty minutes moMh, slavery shall be established and protected by a Jaw of Copgress, The territory thus defined comprehends the new organized Territory of New Mexico, Tactuding Asizone, which last, by law of Congress, has been at- tached co and made part of New Mexico, ’ This Territory swas organized in 1850. By its organic law the Territoriat Legislature was authorized to enact laws and report them it was provided in the same act that if In the 5 ture of New Mexico establi Territory. This law was aanaiied at the last session of Congress by a yote of the House, bu the Senate haye not yet acted upon the bill. wo the Jaw of the Territory, not having beon annulled by Boh house vongr: ns in full force, and is Shus established aud now ¢ by law in New Mexico. THE ADMISSION Itis further provi Mexico, when she is admitted admitted with or without sla may ordain, Tho committ Mexico into the Union as a Stat ¥ NEW NEXINO. the act or 1850 that New ito the Union, shall be ry, a8 her constitution n0W propose to admit New on an equal footing with e the faith of the na- ill be preserved, and el of 36 deg. 30 min. ° inviadi ion of the federal government. Fis all clanned by the South will be obtained, while the Rorthern portion” ef our remaining territory will be sabyect to sich laws as the constitution and Congress may Parnie! tor its government. By this adjustment: of the present territory of the Wain, scludicg the territory of all the States, it will be found tba! the ares of all whe free States and Territories, gactiding ail north « 0 deg. 30 min. . con 1,88.779 square miles ,038,739, making a popnls yqaire tail wo ares hi ‘oclading New Me: $0, 15 1.04504 © federal population of $7.10 to the » By “hie arran: 2 line ‘and a population of wpout 115-10 to the lding States. miles, with a all the territory owned by the sited <tatos when New Mexico is admitte! as a slave state, that pissessed by the slaveholding States will be greater in proportion to the federal population than that eccup.ed by thenon-slavebolding States and ‘Territor a Joss to conceive what arise. In 1854@] Carolina, broke out in devastating fury, aud great was ‘by the repeal of the law of 1821, Knowp as the | the rejoicing among those misgut ‘ NEW YORK HERALD, SATURDAY, JANUARY 19, 1861.—TRIPLE SHBET, with the view to wpa their Interests, and has not only isions to favor them, but has travelled out of its Way to announce opinions upon subjects not before them. They cannot, therefore, complain of any wrongs received from the general government, for they have had that en in their own way. But on that 6th day of November, the ple of the United States, at an elec- tion conducted with perfect order and in strict accord. ance with the requirements of the constitution, elected, as Chief Magistrate, one of ber citizen of most un- blemished character, and whose principles we believe were in strict conformity with thuse of the founders of the republic. Ne sooner was the fact of his clection known than the fires of sectional hate and long meditated treason, whi had been smouldering for nearly thirty years in South i people, who hailed that event as the harbinger of th deliverance from a Cnion which they had regarded for a long time as a thing accursed. STRICTURES ON THE PRESIDENT’S MESSAGE. A State Convention was promptly called to adopt mea- sures for secession. Other states that had leat: too willing ear to her siren song, were induced to initiate measures in imitation of that deluded State. Such was the position of affairs when Congress ussembled on the 3d of December. At this crisis the Presiden! of th. United Stotes, in his annual Message, was guilty of the criminal Cane fucl to the flame, by the most gross re if of the feelings, principles and purpove: people of the Norih; and while he palliated the cour the secessionists, he declared his inability to ata side of treason and rebellion. On the delivery of that Message, contrary to the usual practice, it was’ referred to a select committee, consisting of oue from cach State. From this unusual proceeding we, comprising a part of the minority of the committee, could anticimte uo good result, and Voted against the appointment of such com. mittee, But having been appointed members of it, we entered upon the discharge of our duties, ready ‘and enger to co-operate with the other members of the com- Mittee in any measures promising peace to the country, and requiring no sacrifice of principle, or humiliating concession on the part of those people who had ever been loyalyo the constitution. ‘The iirs¥ resolution that passed this committee con- firmed us in our previous impressions, It was as fol- yc Resolved, That, in the opinion of this committee, the exist. jg discontents among the Southern people, and the growing hostility among them to the federal government. are greatly to be régietted; axd that whether such discontenta and hos- Ulity aré without just cause or not, any reasonable, proper and constitutional remedies, and additional and more specitic fund effectual guarantees of their peculiar rights and intecests, as recognized by the constitution, necessary to preserye the Peace of the country and the perpetuation of the Union, Should be promptly and cheertully granted. The above resolution laid down a basis of action which to our minds was entirely inadmissible, declaring as it did that a groundless complaint was entitled to receive the sume measure of redress as @ complaint feuuded on just cause. Establish that principle ond there will be no end to the frivolous complaints and absurd exections that Will orise from disaflveted States, actng on this princi anil not inquiring into the right or justice of alleged gré ances, the majority of the committer have adopter several propositions from which we are obliged to dissent. It is un derstood that the design of these various propositions is to restore harmony and concord between the two sections of the country. Will they do it? We say no; for the on that they do not, in our judgment, toueh ‘any real ground of complaint. ‘Their adoption will not appease the South, while it will only incense the North. Zhe sue- cessful party in the last election did not elect their candidales to have their principles sucrijiced. The first of thete measures, from which we are com- peiied to dissent, is embraced in the following resolu- tion:— Resolved, by the Senate and House of Represontauves, That the several States be respectfully requested to cause their statutes (o be revised, With a view to ascertain ir any of them are In conflict with, of tend to embarrass or hinder the execu. tion of, she laws of the United States, made in pursnance of the second section of the fourtn article of the constitution of the United States, tor the delivery up of persons held to labor by the laws of any State, and escaping therefrom; and the Senate and House of Represenauives earnestly retest that eractments having such tendeney be forthwith repealed as required by a justsense of eonstitutional obligations, al by a due regan! for the peace of the republic Prest- dent of the United States ig requested to communicate the resolutions to the Governors'of the several States, with a ree quyst that they lay the same before the Legislatures thereof respectively. ‘The presumption is that each and every what is due to berself and her own citizens State knows yell as what is due to her sister States, and that they will make their legislation copform to what ‘3 right, just and proper, without any outside interference IME PASSING OF TNCONSMTTIONS! 1AWS. If any of the States have passed wnconatititional laws, re than 3 set az one which on for or aguinst FOr AZ constitutional ithdraws forever from contest between North and South all territory which the latter desires to possess constituting it a State with the privilege belonging to ommest ‘The « Td by the So) all Sta‘cs. to adopt such domestic ‘nstitutions as her own ence of duty and interest shall dete mine. THE POPCLATION OF TINE PROVOSPD STATR. Wi he objected that the population of the proposed late is too Small to justify her admiseion into the Union @t this tice, we answer that it now contains a larger white poprlation than e)/her of the two ~tates now in the Bnion, « nied in beth branches of Congress. ‘The pres nm of New Mexico, including New Mexico, is estimated at 105,000. This computation of era and population may not he correet, but is based on relia- ble data. it may also be objected that the present re- sources of the Territory are not equal to the support of a If this ebjecton bas any foundation remove by liberal donations, nment be easil State gov tw fuct wach a3 © has citen before made to new States on their coming into the Union, The committee consider these anc other objections to this plan. which maght be smggested, ac too in lean’ to weigh for a moment the incalculable benelit to all the States, and all 8 hoped may flow option of the measures proposed. plans and mors 0. adjustment bave heen presented and con. sidered sy the committee, All of them. however, involve nstitutional we surrender of opinions _ long held by alarge po rounded in their cons fF abandonment, ¢= Dy all can be reachod ‘wi THE MAIN 1 elions to ly wh out uy. From the beginning of our deliberations it was appa- rent that the disposit.on of that portion of our territory ing north of the paraliel of 30 minutes was the main subject of alty, The settlement of that | qoestion was. however, complicated with a provision | apuch jnsisted on for territery herearter to be acquired. This d'd not seem to the committer prop to belong | % the subject. The comm'ttee did not think proper to | extend their consideration of the « vents aris- me of terr now woth ht. or might ne them improper porsession afr be a not abeurd, wh nt woes threatened with over- throw by an ange rs ing the position of our present terr torial possess » employ our time m arranging for a partition among ourselves of the ebboring nations, looking to a werri‘or a! dominions of foture which, when it sbail con It probably bring mstanges and coniitions which conld not and whien, ¢ left to may bécome to IN THe orem. AVERY rrr © The subject of slavery in the District of Colombia, and fw those places in the slayeholting tates where the fe- era) govern nent has exclusive jurisdiction, az well ag e intor state slave trade, bave heen disposed of by a resolw%ion accompanying ‘this resort, ant the reason the resolution {teelf. ie has, at all times, fe much ireitation ntly connected Insel livery. The provi ) differen'ly constened by nt States, leading to controversy one which should al for the’ disposition brietly ‘The rendition of fugitive and especially lately. been as Wetwoen the , and hi uabapp!ly., with the subje¢ @f the constitution have the Governors of differ wafrendly {> tose am ways subsist between the States. fo remedy this mischief, the committee have thovght B expedient to transfer the duty of acting upon the requi- sitions 67 fgitives from justice from the Governors of ‘the Statea to the courts of the United States, so as to se. eure a judicial construction of the consttention, and also Secure uniform/ty of action on the subject, and present a Bill for that purpe: given it The committee have prepared several resolutions, which donot propose action on any specific subject: hut which, {f wiopted and approved ty a vote of the House, principles which seem in some th may serve to announce quarters to be questioned, while So correct errors and misrepr Jained a too general belie: ip th Baloo ‘The intrinsic diMeuliicz which belong to the sub wast be the apology of the nittee for the time con- gamed in coming to the conclusions now submitted to the House. If the resulte which we have reached should Sail to accomplish the so much desired end, the commit. fee still entertain the confident belief that ‘Jy adopt some measure which will be accopmble to & just and fair basie upon which the fraternal rela between al! gections of the Union may be restored, i proper to observe that the committee were not umapimous cn gus and, bills preset & majority of a quorum was obtained on them all. " THOMAS CORWIN, Chairman. MINORITY REPORT OF THE HOUSE CoMMITTER oF THIRTY-THREE. The indersigned, comprising a part of the minority of S. ‘committee of one trom each State, to whom was ri ‘r adoption may tend tations that have ob. southern section of the ‘4 sturbed condition of the country, respect m.t the followjng report:— Om “be Oth vay of November last the people of the Wied s were in a concition of tranquillity and peace ant e a peace with other nations, and at '€ ‘hemselves, The excitement of a general elect on — at height: but ae such e: ‘temonta iy result from our republican aystem of govern ment, and had always before passed. s Guundeaneen of tee toon, ~ poseed away with the an- having gracefully yielded their subm-asion to vordict and shown their loyalty to the ee, and laws, it was Pm and ty men and patriots at the excitement then exis would ‘away with the election. It was so ens goeed tbat there wore any considerable mumoor of ne the Tnion who would turn traitors to the country in ‘the event of a party defeat. The leading idea in a repaty Mean government is that the majority, under the const; tation, shall rule; and when the Pruple of ithe several Btates join in an election of a Chief Magistrate, it has al been with this rv aed tacit understandiag. To a the result was the paramount duty of every one wes popular ue constitution Neved by all good part in the election, and to refuse acquiescence manifest bad faith a# no one could be guilty of it a palpable repudiation of our implied contract THE REVOLUTION IX SOUTH CAROLINA, But the reault of the last election had scarcely boon an. mounoed when the le of one of the Southern States od Vet tnsy, would not wabinis to the verdict of majority. They declares! (iat, though @ minority, the vale the county, 7, taey. Corian he those who now pfopose to destroy this Tnion had control for many years of the government jon has invariably been passed to «ut them. Bupreme Court has been conetituted exprerely _ a \ pngress will | the resolutions and bills presented, but | | that in any way inte ult the people always before | the con-titution bas provided a tribunal by whicl tha fact is to be de and that tribunal is not the Can- gress of the Un If any unconstitutional law termined in a d or othe as been passed, whet fact Shall be proper way. they will no doubt be promptly rope amended, so a3 to conform to the coustitution United States, The courts of the North are alway and history records uo instance when the const | of any law in a Northern State was sought t that ented by an armet mob, Had it } some excuse for 2, And ere we deem it nd particularly Congr not impertinent to inquire of g-ntlemen rthern gentlemen, who are now so anxivus to con- y their advice to sovereign 4, how is it that they Lave eo lyng delayed an expression of opinion, and with- held thelr advice in regard to well knows unconsti and immunities of States ?” this clues of laws are pract oppressive; the former haye never in a single instaice been the means of cepriving @ Southern man of a singl: right. The resolution goes further than to request tho repeal of all tmeonstitutiopal laws, but also asks them t> repeal all such as “delay” the operations of the Fugitive slave law States are justly sensitive as to their 1 rights, aut took with just concern upon all attempts to usurp them upon the part 1 the general government. Cmeede the point that Congress has the right to ady of their legislation. or pronounce, even indirectly, upon the constitutionality of their laws, wil! only lead to add: tional usurpation, © Wi r to meet all such atte on the par While we world not recommend to uny State to pass or ntain unconstitutional laws upon any subject, we are willirg to leave all such questions to the sense of justice of each State to determine; and when the pres-at exe'te ment «ball have passed away, and the public mind, espe- cially at_ th . shall be2ome more calm ac! reason- able, if any Northern State being appes in the spirit of kindness and conciliation to revise any laws that may be deemed unconstitutional, and which bear unjustly upon any of her sister States we baye no doubt such would Some of these Personal 1 twenty years ago, and befe Fogitive slave iaw. Their « n of the crime of kidnapping. iu a few of the States has been disputed by men of equal lk ty. This clamor against them now is a excuse for Lng meditated treason, The right of no an has ever been prejudiced by them. If such laws are wroug now, they whre so when they were enacted. appeal They have been ampby discussed and eonsidered here- tofere by the States in which they have been passed, both betore and since their enactnienis. It wrong or un- never should have been enacted, or, ted. should have been repealed. This proposition is too plain to reqnire us to communicate it tow State, While the country was at peace, and the pub: lic mind in a condition to fairly and justly comsider such laws. the States that have pasted these laws have con- d them just, right and proper. Shall they now be constitational, th having been € required, while a portion of the country is in arms and threatening dis nd civil war, to review their legisiation? Js this the time when they can t 4 Aheir repeal pacify the t not rather be justly re knowledgment of a disposition to do in- ure, Which nothing but an open rebellion could induce them to rectify? It will be in vain for the States to aay that they repeal theeo laws because thay are wrong and not because they are threatened with evi! consequences should they fail to do so. TE PERSONAL LINERTY BILLA, While upon this subject, we desire to no and kindred proposition of the eommittee, whic! bodied in the following resolution:— 3. Resolved, That each State be requested io revise fis atat- ules, and, if necessary, so toamend the same as to secure, with n of Congress, 0 citizens of other States in the eame protection aseitizens of such State enjoy; and also to protect the citizems of other States travel- ling oF sojourning therein against popular violence or Ulega’ summary punishment, without trial indue form of law jor imputed crimes. Tt will be seen that the objection which we have befora interposed ¢ resolution in regard to Parsonal I iberty | bills wilt pp ation, We will do no south. orn State the tice to suppose that they baye not now laws to protect recognized citizens of the North who | travel cr sojourn among them. The outrages that have heen perpetrated upon Northern men do not result from the want of proper laws on their statute books, but from | the pr those § i But rth aubstance of it is embhox adopted by the committee — | Resolved, That {t ie expedient to propose an amendment to | the constithtion of the United Staies, providing that no amendment having for its object any inteferenow within ( States with the relations beiween their citizens and those d corfbed in the section second of the first article of the conat- “all other persons,”’ shall originate with any State that dees not recognise that relation within its own linlts, or | IIT be valid without the assent of every one of the States composing this Union, Let us give this proposed amendment a moment's con- n. While no party in the Union proposes to in- terfere in any way with slavery in tho States, and the | present dominant party expressly disclaim any such right or intention, we are asked to say, not only in our own behalf, but ih bebalf of millions yet unborn, that no mat ter what may be tho change of circumstances of the | people, no matter what may be the wishes of the vast majority North and South, no measures shali be adopted re with the relation between the citizens of any State and those deseribed in the second sec: tion of the first article in the constitution “as all pergong,”’ that does reoeive the sanction of all the States in the Union. This we regard as @ coustutional decree of perpetual bondage in these United Statce 1b ‘any such amendments of the constitution we are opposed, and at the present tune to any amendment, SUPYICTENCY OF THE AMBRICAN CONSTITUTION, The constitution, az our fathers male it, in our judgmend, if maintained, sufficiently guarantees the Hog of alt parties lwing under it, Uistingnished men wi have lately spoken, and who are deeply involved in the revolutionary lonighe of the Soyphern section of the confederacy, have declared that all they asked was thut the existing con- stitution should be TWred up to and fairly interpreted. If the present constitation is violated, what reason have we th grend hea ny hew one if be better baat nly vaent comtitution gine no Might to party t inter. fore with slavery in the Matar and mo panty aesiras 6 to in fere. Certainly we desire no such interference, and protest against the porsrasion of any ewh power, The platform of the republican party adopted at Chicago declares,“ That the maintenan #, inviolate, of the rights of the States, nd especially the right of ench State to order and con: iject, wo pars to con- the constitution, The in the following resolution | } tutton as trol its own domestic institut ne, according to ite own Judgment exclusively, is exsential to that balance of Jower on which tho perfection and endurance of or pol Uioel fa: ric depends; apd we Jepounce the lawless inva. sion by armed force of the soil of any State or Territo” » no matter under what pretext, as among the &, aves crimes.” By the above declaration the people of th, sorth will faithfully abide, and, % our judgment, her iach wil fo any greater guarantess CA a thay) ‘shan the present constitulicn gives. What good is likely *.o regult trom the submission of the proposed ame'jdmenty Will it be adopted? In our judgment it Wil ‘not. It will be re- Jected—not betause the people Of the North desire or in- vend to interfere with saver, but because they will re- gard it as a humiliating requirement, proposing, as it Goes, that they #ball enter ints bonds for’ their roy be- havior, when they have neither committed nor medi- tated wrong. The submission of such amendment is a yirteal acknowledgment by Congress that there is danger of such interference, and the voting of it down will be regarded by the South as such a declaration of intention to interfere ag will greatly add to the present hestile feel ing; and 8 we can see that no good is likely to arise from the subpiiesion of this amendment, but only evil, wefeel constrained to oppose it. ADMISSION OF NEW MEXICO AND ARIZONA. The majority of the committee, as a further remedy for the existing evils, propose to admit New Mexivo and Ari- zona into the Union as a State “as soon as may be,” with or without slavery, as her constitution may determine. To this proposition we also feel bound to interpose our protest. ‘Ihe people of New Mexico have not asked to be admitted into the Cuion, and there was no evidence fore the committee that they had any such desire, or that they possess the population or ability to maintain a Stat —s. On the contrary, it was satisfactorily shown fore the committee that the entire population of the country sought to be brought in as a State did not ex- coed 75,000, ecattered over a vast extent of territory, Of this pumber all but about seven hundred are natives of that country, who do pot speak our mnguage, and the great mass of whom are sunk in the lowest ignorance. Over one-half of the entire population are peous, or per- soffs held as slaves fur a limited period. @ number of persons of pure Circassian blood is very small, but the great majority, are a mixture of Mexicans and Indians, They are generally poor, unused to paying taxes, and unable and unwilling to do so, Smail as is the population, it is believed to be quite as large as can be sustained there from the products of the soil of that country, As an inducement to create New Mexico and Ari- zona into a State, it will no doubt be claimed by some that the moment i 1 admstted the free pecple of the North will go there and control its destinies. How far they will be likely to do so we will presently inquire. We express the opin- ion that it will come into the Union as a slave State, and it camnot be supported as a measure of adjustment upon any other assumption, In saying that it will come in a8 a slave State we do not mean to say that it will ever be a country where it will be profitable to take slaves in auy copsiderable nombers; but that it is a country where the sentiment is not adverse to holding slayes, is proven by the fact that the territory which was free when it wes acquired has established slavery, and adopted a slave code of a most barbarous character. If a State is adl- mitied the laws now existing establishing slavery will remain in force, and the same power that established it in the Terrory will maintain it in the State. But were we certain that it would come in without sla our objections to its admission would still remain. ‘The lack of population and the mongrel character of its in- habitants, the tnebility to support a State government, all in terpose obstacl’s of the gravest character, To give such & State the same weight and influence in controlling the legislation of the couvtry as is possessed by the old States would be a serious objection under any circum- stances; but it might be overcome was there a prospect that within a reasonable time they would have a popula- tion entitling them tofany such control or influence. If it comes in asa free State 1¢ will only further add to the exoitynent of the South, and they will maintain that it was the object and intcation in bringing it in to still fur- ther dcstroy the balanee between the two sections of the country, and that it discloses @ determination on the orth to create States for the purpose of them, regardless of their want of popula tion or other litting reasons (o entitle them to adinission REASON FOR THEIR. NON-ADMUSSION AS PREE STATES. To these who intend to vote for the admission on the ground that it will be a free State, andin the expectation that free white laboring mea will seck that country as a place of settioment, and control its institutions, we beg to bubmit a few facts. It is now over twelve years since the most of that country was acquired, and yet to-day it is believed that it con- tains less population than at the time of its acquisition. Why is this’ It is certainly net because that country has not been sufticiently puffed into notice, tor it is well n thet persons interested in imagimry gold and T wipes there have been indefatigable in their eftorts commend that conntry to the favorable notice of the pubke. To gentlemen who see in thie measure anew state cpened, and to the world, which is to invite the tree men of Massachusetis, Ohio and other + to take possession of it, we beg to commend some deseriptions that country In 1846 Mujor Emery. with General Kearney and his military force, possed aeross this portion of the conti nent, He says, speaking of the country where the San Pedro joins the Gila In one spot only we found a fow bunches of grass, More thon four fitth¢ of the plain was destitute of vegetation, The soll, a light brown, Irose, sandy earth, { supporet con: taincd scmething deleterious to vegetation, Vassing along that region he says of it:— pi after dark, and dropped down into a were not a’ sprig of grass or a drop of , and during the whole night the mules kept upa piteotis ery for both, ‘He says further: — Frem information collected from the Indians and others, fs appears that we shall meet po more grass from this ¥ tothe settlement, estimated to be three hundred miles dis: tant, In speaking of the long route over which he had passed, he says:— . In no part of this vast tract can the rain from the heavens be relied on (to any extent) for the cultivation of soil. The earth is destitute of trees, and in a great part, also, of any vegetation whatever. Lieut. Michler, who was attached to the Boundary Survey, speaking of this country, says:— nate of this region ism accordance with everything Wing to it. Having retrned the following August to the ‘thermometer in the shade at that post was found to be 116 degrees Fahrenhelt, and over 12) degrees in the shade along the river, One hundred and twenty degrees! Mr. Blodgett says, in bis work on “+Climatology,”* page 191, that ALP the mean for the year is 73 deg. 5m that fc mest month! 98 deg.—ieasures only ¢ 4u the lowest basins and valleys of Arabla, Giving an account of his travels from Sonoyta to Fort Yoma and dack in the middle of August, 1865, Lieut Micbler say 2:— It was the most dre riewerd, eountry else Fe T have ever expe more dreary, sterile ‘The burnt lime like ‘of the sull is ever bevore you; the very stones lok orlve o1 a furnace There is no grass, and but a y Vegetation, more v Sant to the sight than the oar. a earth ite eat 5 ‘pimal ‘to be seen, not even the Wolf or the hare, to the and, save the lizard and the horned f ht to give life and abimation to this iy bin vain for the flight of a bird. 4 tne knowledge that there is not one drop oF water to be depended upon trom the Sonoyta to the Volorsde ort la, All traces of the road are sometimes h winds sweepicg the unstable soll before ath bas strewn a continuons line of bleached them; but bores ard withered er roasses of horses and cattle, as monn ments to mark the way, We could add numerous other testimonials in regard to this de jon, which, ja th stimation of some, 8 te future abode of freemen, but we think we baye given enough. AMENDMENTS TO THE FUGITIVE SLAVE LAW, The mojority have also reported au amendment to the Fugitive siaye law. The design of this amendment is under ste © to make the jaw more efficient, and at the same time render it less offensive to the people of the North. Ihut they have suececded in the former thore 13 no doubt; Sut that it will, in its practical operation, be of apy be to the alleged fugitive, or satiaty the North that it is apy improvement on the old law, is very ques- tiovable, It provides for the conducting of” all the opera- of slave catching at the expense of the United States, and affords no indemnity or just protection to ns who may be uplawtully seized and transported for trial toa distant State. Under it a free man may be seized { the State ef Maine and transported to Texas, and the held in custody until the next term of the United Ste Court, which tuay not be for months; and if he should finally be adjudged a free man, the only satisfaction he can obtain for his loss of time and restraint of his liberty is in being transported back again at the expense of the United States. The last section of the Dill is designed to remove an of. fensive provision in (he existing law, that authorized the marshal to sumiron to his aid any persoa or persons he saw proper: the omendment only authorizes it in case the ‘marshal reasonably apprebencs that he shall need their aid. Practically, there is but very little difference be- tween the existing law and the proposed amendment in this regard, and the whole of the amendment is of so doubllul an improvement on the present law, that we feel justified in withholding from it our support ‘The majority of the committee alsy reoommend an amynmeut of the law of 1703, in regard to fugitives from justior, making it tho duty of tho United States Judges to surrender such fugitives instead of the Exeeu tive of the State$ to which the fugitive had fled. Tie people are justly jealous of the power of the United States Courts, as we have before said, are particularly eensitive in regard to measures that propose to abridge the rights of the States, and enlarge the power of the general go- vernmert, The visposition of the United States Courts to enlarge their powor has been eo manifest heretofore that we feel unwilling to agsent to any proposals that will enable them to do so, Having thus expressed our views on ail the propos tions of the committee that contem; ¥ action, we feel compelled to say that in our judgment they are one and ail powerless for permanent good. The present dis satisfaction and discontent do not arise from the fact | that the North has wd Personal Liberty bills, or that the Fugitive Slave law is not faithfully executed, neither does it arige from an apprehension that the North pro- | poses to interfere with slavery in the States whore it existe, THE LONG CONTINUED PURPOSE OF SOUTH CAROLINA The trearenatle porpores of South Carolina are not of resent origiv. In the recent Coovention of that Stite lending member= made use of the following language in the debate on the paseage.of the ordinance of ecess\on:— Mr Panken—Mr. Presiden’—It appears to mo, with great deference 10 the opinions that have ben exproem a, the the Dubie mind funy” made wp to the grea! cession that pow It Is no sparmodte effort the hus come suddenly ‘but thas been gradually cuiminating for @ long se ars, urtil at last it has cometo that point whem we may say the thatter ts entirely right Mr. Ixatis—Mr, Proaident, if there Is any gentleman pre- sent who wishes to debate this mult-r, of ¢ Le mn re bim; but, pe ha Med the for ome, atm opposed to it. as mn Mt ald "Mont of ts here had this matt mien. tiem Tor aha Mtst wry years, and T prem {me arrived at a decision epon the sniject ‘Mr. Kerrt—tir, we are performin, ve Vea not only the stirring present, bat emiracs greatfature for ages to come, Ihave been cugad vat movement ever since J entered politioal ltr tam eon. Greet what has been done topay, and content with whet @ great act, whieh in wil take place to anarrow, | We han eariid the boy of this Trion to lis jast resting piace, and now we drop Gwe Hag over ite graves After that is dene, 1 am ready to adjourn and the remaining ceremonies fort Mr, Ruett—T he 8 orasion of South Carelin of aday, Itisnot anything py payor by Mr on oF by nomexecutton of the Rueitive tia wien ich haa been Bathering heat for sh of Lincoln and Hamiin «as the But it Was Got the only straw on the mne before. The point upon ety My eR oy re erpeaihls aluiple matter of wrengsoh the question of slavery, t quest urned upon the ‘itive Slave law. Now, in tegard to. the Fapiive Stave laws t myself doubt it con stitutionality, and I doubted it on ‘the Hoor of the Senate, when Iwasa member of that body. The Sistes acting ip thelr sovereign capacity should be responsible for the rendi- tion of fugitive siaves. ‘This was our best security. Such sentiments ex) the opinions of leading representative men in the South Carolina movement, ought to satisfy, it seems to us, apy reagonable man that the proposed measures of the majority of the committee will be powerless for good. South Carolina is our ‘sick man” that is laboring un- der the influence of the most distressing maladies. A morbid disease, which has been preying upon that Stato for a long series of years has at last assumed the charac- ter of acute mania, and has extended to other members of the confederacy, and to think of restoring the patient to beak: b: i the nostrums proposed, is, in our judgment, erfeetly idle. at —A hear it said “something must be done or the Union will be dissolved.” We do not care to go into a nice calculation of the benefits and disadvantages to the several States arising from the Union, with a view of strikimg @ balance between them. Should we do so we are convinced that the balance would largely fayor the Southern section of the confederacy. FIDELITY OF THE NORTH TO THE UNION. The North has never feli inclined to calculate the valuo of the Union. It may not be improper to inquire in this connection whether the State of South Carolina and the other ultra secession States have been so sppressed by our government as to render her continuance in the Uuion intolerable to their citizens. It is not pretended that {they ever lose fugitive slaves or that any escaping from these States have not been de livered up when demanded; nor is it pretended that the Personal Liberty bills of apy State have practically affected apy of their citizens. Neither do they complain that they cannot now go with their slaves into any Territory of the United States. The Supreme Court has decided that they have that right. Js it then pepelninad that their citizens under the oper- ations of the federal laws, are compelled to contribute an undue proportion of the means to maiatain the goveru- ment? If go, and the complaint is well founded, it is de- serving of notice. But it is not true in point of fact. We could easily de- monstrate, by official sigures, that the Of the Uni- ted. States annually expends, for the eoclusive use and benefit of South Carolina, a much larger sum than that State con- tributes for the support of the government. This same rulo will be tree ip regard to most of the States that are now so anxious to dissolve their connection with the Union, Florida, a State that contains less than one five-hundredth part of the white population of the Union, and a State which has cost us, directly and indirectly, not less than $40,000,000, and upon which the general government annually expends sums of money for her benefit’ more than four times in excess of aer contributions tothe support of the government, has raiged her arm against the power which has go liberally sustained her, But we will not pursue this subject further, The Union of these States is a necessity, and will be preserved long after the msiguided men wha eek its overehrow are dead and forgetten; or, if not furgetten, only remeniberrd as the atiompted destroyers of the frirat fabric erected for Uke pre- servation of human liberty that the world ever saw. It js not to be preserved by compromises or sacrifices of principles. Sow Csrolina, & is beliened, is fast learn- ing the value i, the Union, and the experience the is now acquiring will be of immensuratle value to her and her sis ter States when she shall return to her allegiance. Wf other States insist upon the purchase of that Knowledge in the school of experience, at the price paid by South Carolina, while we deprecate their folly we cannot doubt its last- ing value to them. Regarding the present discontent and hostility in the South as wholly without just canse, we submit the follow- ing resolution, which is ibe same a3 that recently offered iu the United States Senate by Mr. Clark, of New Hamp- shire: ‘ed, That the provisions of the constitution are for the preservativn of the Union and the protec- tion of all the material interestajof the country; that it needs to be obeyed rather than amended, and our extri- cation from present difticulties is to he looked for in efforts to preserve and protect the public property and enforce the laws, rather than in new guarantees for par- ticalar interests, @ compromises, or concessions ty un- rea:onable deman c. 6. W. OF THIRTY-THRER. The subscriber has labored earnestly In the committee to make himself master of the causes of the present dis- contents. So faras they were divulged there, they may be comprised uncer th he The Personal Liber- ty Jaws im some of the free States; 2. Exelusion from tho ‘Yorritories: 3. The apprehension of some future danger to the rights of the slave States from the adoption of con- stitutional amendmerfts interfering with them. Without joining in the belief that there are very serious grounds for this uneasiness, the subscriber is too well convinced of its existence not to be disposed to apply any reasona- ble remedy to quiet it. He was, therefore, for this rea- son, induced t» give bis concurrence, at first, to several ef the measures reported by the committee. He did so under a conviction that they contain the only reasonable as well as practicable adjustment of the differences un- happily existing in the country without the «a- orifice of principle on either side, that bas thus jar eome within his obser jon. And alfhough not cotirely. approving of them in the abstract, he was ready to give his cooperation ‘im adopting them iz ‘here was good reason to suppose that they would effect the object aimed at. He enevayored to act in good fa:th, end with a view to the restoration of the kindly relations between the opposite sections of the country, which geem to be so rudely threatened. That this spirit has heen arly reciprocated by a portion of the representatives of the aggrieved States he tukes great pleasure in acknow- eugin Had that portion constituted only a bare majo- rity ot the whole number, he would still bave pledged all the limited aid in his power to unite with them. But the ct is wholly otherwise. While three sates have re- fused to be represented at all, more, making ten cut of iifteen, have decided to re) a rived at by the committee. This fact alone would seem to rex general adjustment very dim. Ana when it appeared the other hand, that a number of the repre the free States were equally disinclined to ace what hope was left of any advantageous result from per. severance ? _THE TRUE SOURCE OF MISCORD. Another significant incident happened, which put an end toallfurther doubt in the gnind of the subserii be-ause it convinced him Wat even if ail mewsures recommended ull be adopted the ad- juement anticipated -would be as far off as e that the causes of the differen'e are but superficially touched in the alleged gy ivrances which have engrossel the aitentim of the commattee; and that ihe true source of discord ties alto- gether (ov deep for the plumme? of Congressional legi Hy reference to the journal of the committee it will appear that on Friday, the 11th day of January. a resola- tion was offered by the subseriber in direct Te sponse to one portion of the President's Message, specifically re- ferred to the consideration of this committee, As dhally amended, it was in the following words:— Resolved, That cence fh the election of « Chief Magistrate, ac nee withevery legal and constituional req id imperative duty of every good citizen of the Great was the surprise of the mover on perceiving that the annunciation of this indisputable proposition, in his belief of vital momeut to the permanence of any re- public founded on the consent of men, was nict. by hesl- tation on the part of several! member The President, in his annuat Message, bad distinctly aiirmed the ame ing ip avother form oft language. No reason seemed to jst why the committee should not, by responding unan mously to bis sentiment, aid in giving to the coun- try confidence in the belief that the discontents existing im some quarters were merely such as a concilmory policy might remove. Iustead of this a written paper wns presented by seven mi mbers, mibg reasons for their refusai to record their votes a the substance of that paper is found recorded in the journal. It alleges that voting upon such a declaration would, in the opinion of the signers, do more harm than good. ‘Why it would have that effect itdoes not explain. {f the proposition be true, and if there exists no intention In any quarter to bn" its truth, either by word or act, surely it could do nei her harm nor good to vote for it, It would fall powerless, like any accepted truism of society. it is only in the alternative when some portion of a community is determined, at all hazards, to act in direst contravention 0” it, that ‘it cam do harm. For it may then indeed serve to excite the publi> atteation to the true nature of the tesne prosented, and to embitter the animosities which radical dilterences naturally produce. While the subscriber would not yen- ture to intimate a doubt of the ameerity af the members in assignivyg the reasons for their hesivation to accept ao undeniable a proposition be cannot abstain from ex- preset ing his profouns regret that their course should un. avoldably raige uy anxious doubis in the minds of great numbers of people as to the nature of the struggles now presented to the country. Je it, after all, only the election of a President of the Uqital States whom one secti.n of the “nicn did not numinate and support, Wat constitute the main grievance and stimulaver io a dissolution of the Unvwon? I it be mweed go, then fs there no necessity for orga- nizing leg'slative committees to find a remedy. The con- stitution becomes a mere bi: of paper, if mon determine ‘o tg violate and annul its most funda- with their eyes meptal provisions. THE UNDERCURRENT OF PATIIOTISM. The subscriber i@ yet retuotant to bel'eve the case quite 80 desper as this would show it, He still believes that much of this xtreme conduct +8 the effect of sudoon im pole and excited paseions, and that there is a fund of resem and lexalty at lettom, which may be yeled upon ullimately ro torn the corrent in favor of the constitution anddhe en- the laws, and he js encouraged in take faith ‘by observing that the representatives uf some of the cisgatisiied States cordially came forward and recorded their names, 08 well us Uheir reasons, for voting in favor of the resoiation, Yet, on the other hand, it cannot be cenied that they constitute enly a minority of the dis- turbed States. The majority stand on the record as ro all terme of adjustment they ¢o not dictate, and ibe Wo commit themselves to the support of a prin ciple without the acknowledgment of which const itu tional government ia impossible, Tn this state of things it is at least doubtful whether the legitimate powers of Congress if fully exerted, would avail to reach the seat of the disease, THE NKURSSITY TO PROTECT AND EXTEND SLAVERY. The general covelusion to which the subseyiber has ar- rived from a chee observation of the action of the com mittee is this.— That no form of adjustment will be satisfir tory to the recwsant States which dees not inev int the constitution «f the Cni'rd Siater a recoynition of Uke obi be predect and extend slavery. On this condition, and on thia alone, will They consent to withdraw their opposition to ihe recognition of # constitutional election of the Chief Mopistate, Viewing the matter in this light, it seoms unadvieable to attempt to proceod a step further in the way of cflcring unacceptable propositions. He can never ne his consent to the terms demandet For thi reason it i¥ that, after having become con. | vinerd of this truth, he changed his course, and declined to recommend tho very measures which he in good faith | hadoffered. It certaibly ean be of ng use to propose an adfterment which has no prospect of being recetved ag such by the other party, Hence be feels it his duty now to record hit (iesent from the action of tho majority of hie collegues in introdvcing any measures whatever for the consideration of the House. CHARLES FRANCIS ADAMS. WHAT HAS NEW YORE DONE ? wee Report of the Seleet Committee of the New York Senate. ‘Aupayy, Jan, 16, 1961. ‘The Select Committee to which was referred 90 much of the Mes#age of His Excellency the Goyeraor as re- ‘ates to our national diffigulties, ask leave to make the following report:— After more than seventy years of unexampled pregress and prosperity, the Union of thege States 1s threatened With dissolution. South Carolina, Florida, Alabama aad Mississippi, by the acts of conventions called for that purpoee, have already assumed the right of secession, Georgia and Louisiana are preparing to follow their ex- ample, Tho border States sympathizing with theee re- yolutionary movements, and yet unwilling to commit themselves to precipitate action, counsel delay and com- promise, with the determination, however, that if what they deem the reasonable demands of the seceding States are not complied with, they, 100, will join in the elfurt to overtbrow the constitution, TUE ALLEGED RIGHT OF A BTATE TO SECEDE. The doctrine of the right of a State to withdraw from the Union is not a new one. It had its advocates under the old confederation, and the indefinite nature of the powers conferred on Congress gave it a color of plausi- bility. Strictly speaking, however, the States were never in- vested with full powers of sovereignty. During ghe calonial period the supreme authority resided wi) crown; and the declaration which severed our ion with Great Britain was closely followed, in the order of time, by the adoption of the articles of’ confederation, which clothed the Copgress with this authority in respect to many important subjests. ‘The confederation of 1777 was of revolutionary origin. It was the result of arbitrary and oppressive acts, against the operation of which the prayers and petitions of the colonies failed to obtain any relief or redress. Clothed, from the outset, with inadequate powers, which the fears and jealousies of the individual States refused to enlarge, it’ was soon apparent that, with the removal of a common danger, there would be nothing left to su its exhansted ard expiring energies. When, therefore, on the 26th of May, 1787, the Convention met to revise the articles of confederation, it was with such a general sense of the weakness and defects of the old system as. Jed to its fival abandonment, and to the adoption of a government with powers greatly enlarged and more widely distributed. : In comparing the present constitution with the articles of confederation, it wjll be seen that in no particular do they differ more materially than in the source from which their powers are derived, and the anthority which they confer on the general goverument over tie inde- pendent action of the State: THE DEFECTS OF THE CONFEDERATION, Speaking of the defects of the confederation, at the opening of the Convention, Fdmund Randolph remarked— ‘That the government could pot defend itself against the en- croachments of the States, and that it wasnot even paramount to the atate constitutions, ratilied, as it was, in many of the States, Madison, also a member of the Convention, said— That the radical infirmity in the articles of confederation was the dependence of Congress on the voluntary and simul- taneous compuanee with its requisitions by #0 many indepen- dent communities, exch consulting, more or less, 18 particular interests aud convenience, and distrusting the compliance of others, Mazon observed :— Not only tbat the present confederation was deficient, in not yoviding ior coercion and punisbment against delinqugut Biates, but argued, cogently, that punishment could not, in the nature of things, be executed on lectively nd, theretore, that such @ government was uecossary ad could directly operate on individuals, and would punish those only Whose guilt reqiumed it, Chance!lur Kent, in commenting on this subject, makes these observations:— Notwithstanding the Grticles of Confederation conferred upon Congress (hough in a very immpecfest mannex, and une der a most unskiliful organizat{on,) the chief rights of politt- eal supremacy, the jura sunii inpertt by which our exist. ence as an independent le was bound up vogetber, and known and ackpowledged by the nations of the world, yet they were in fact but a digest and even a limitation in’ the shape of a written compact, of thore undefined and discre- tionary sovereign powers which were delegated by the colo- nies to Ccngress in 1775, and which had been freely exercised and implicitly obeyed. 1e States: Again, in speaking of the tmbecility of the confodera. tion, the same writer remarks that:— In imitation of all the former confederacies of independent In modern Europe, the ar- the Federal States, either in ancient Gree ticles ‘of confederation carried the decrees of Couneil to the States in their sovereign or coll This was the great fundamental defect in the c: of 1777; itled to its eventual overthrow, and it has proved perniciius or destructive to all other federal goveruments tery or, those lates mi au organized community conscious of 18 strength and s xayed Which adopted the principle. Divdedience tuthe laws af the Tinton eu ther be suly ice of the elvil magistrate, ly it may be felt and. obeyed by private inotykluals, fe heeded by by its passions. OVINION OF HAMILTON. To these references to the opinions of our ablest states- inen and commentators, we aad tho anthority of Hamil. In arguing the nedessity of adopting a new system government, onthe ground of the imperfcetions of the old, he say'3-— It has wot a little contributed to the inflrmites of the ex!se ing {ederal system, tha! it nover had m ratification by the people, Restingoh no better foundation than the consent Of the sever Dates r Xposed to frequent and intr ity of its powers, and trine of wsight of legislative repeal Owing its ratification to ihe law of a state, it has been eontended shat the sume authority might repeal the law by which it was ratt fied, However gross a heresy ‘it may be to muin- tain that a party to @ compact has “a right to re: voke that compact, the doctring itself has had respectable advocates. ‘The possibility of a question of this natire proves the nevessity of laying the foundation than in the mere sanction of Ameriean empire obsent of the people, ‘ower onght to low immediately from that pure original fountain of all legitimate authority, It appears, then, that the confederaion was possessed of Lo constitutional power to enforce the decrees of. Con- gress or to perpetuate its own existence. Indeed, the second article expressly declared ‘that each State should retain every power, jurisdiction and right not expressly delegated to the United States, in Congress assembjed.’* Jn the face of this clause it would have been necessary to show the delegation of an authority to claim obedience to tee laws before such an authority could be’ constitu- tiupally exercised. AS a consequence, there were numerous instences of a refusal on the part of a State to comply with the acts of the federal Legislature, and m some cases these acts were nullitied by contradictory and conflicting statutes. 1b POWERS OF THE YEDERATION, Nor in the case of a seceding State were the powers of the confederation any more clearly dedued or generally admitted. The sense of a commen bad controlled the contlictir g interests which arose out of a diversity of soi], climate and ction, and there had becn no oc- casion, thus far, to put the relations between the federal and Stats goveruments, a8 established by the articles of confederation, to tbe test. It was conceded, however, that should euch a case arise, the confederation would bave to rely on the exercise of implied and Inferential r allow the seceding States to withdraw unmo- ested. Being a compact between States, and never hay- ing been ratilied by the people, the discontent and disaf- fection existing towards the federal government led to Gikourseve as to the right of a State to resume its dele- gated authority, anJ the doctrine that a party toa _com- ct had the right to revoke that cempast, did not ck ile supporters. However untenable such a doc- trive may have been when, at a latter period, attompts were mado to reeone!lo it with the provisions of our pro- fent constitution, the possibility Uhat it might be acted an by 3omoof the States, und the desire to put it at rest fore erted a powerful influence on the deliberations of the Conyen. jon. Such, then, were some of the more glaring defects in the articles of confederation which the Convention of 1787 was called to cousider, and which, Mr. Madigon re- marks, Should be overlooked in expounding and appre- clating the ev:::ituonal charter, which was the remody pro- vided. REVIEW OF TINS CONSTITETION, From this preliminary view of the articles of confede- Tation let us Low turn fy the constitution {taelf, which is | ‘the chart which rust guide the ship of state through tne storms of dicunien and the opposing currents of faction. To thie, ond to the light thrown upon its provisions by cotemporaneous construction aad judicial decisions, we must refer to ascertain the true rolations between the several states aud the general government. History affords no example of a body of men assem- bling under more momentous circumstances or charged with higher respovetbilities and duties than the Conven- tion of 1787. Nor, if we glance for a moment from the great questions upon which they were to deliberate, to | the character and qualideations of the delegates, will tho | contemplation of such exalted virtoe and pre-eminent ability tai to call forth the deepest feelings of venera: tion ond respect. At the head of the Coune{l Board sat Washington, fit Vresident of an assembly which wasto secure and © ty the people the rights and priviloges which in no lees admired character of a military chieftain ho won by the sword, Around him were gathered Frankii, the philosopher, bu! no less the ardent patriot; erris, of pre-eminent talent in all that relates to the subject of Mnance; Edmond Randolph, Governor of Vir+ ginia, ard author of the —— plan; and Shermag, and Pinckney, and King. Nor shoud we forget the pemes of James Madison and Alexander Hamilton, distinguished in the deliberations of the Gonvention for their profound views of government, and no less for the ability with whieh tg afterwards explained and defend- ed the constitution in the essays of the Fidleralist . Tt wae not to be enticipated that the deliberations of ide Cenvention would result in perpetuating, in the new system, the inherent defects of the old. On the contrary, | it was to be presumed that, without invading the | sovereignty of the states in the legitimate sphere of ite operations, it would, within cortain presoribe 1 limite, in yest the government with supreme authority derived | frem the fountain of all power, and provide means to | make that authority respected’ and obeyed. We find, then, that the constitution of 1797 affords unmistakeable | evidence that, unlike the articles of confederation, it waa ordained by abd for the of the United States, that it provides for the perpetuity of the Union, and that it | establiehes the paramount authority of the general goverproent *h Time QCrENON cP swentencm DecURD, | 0 Importance of there propos! w at one admitte a if they A contained in, or fairly deducibie from, the provisions of the constitution, then there js no const ituticnal power whatever Le the exercise of which a State con withdraw from the Union, resume powers irre. — veeably granted by the 16 to the general government, | and release its citizens and officials from their cathe of allegiance to it, It will be necessary, then, to examine ' thoee clauses of the eonstitution going to establich these: provoaitions, and the evidence of their meaning to be | gathered from other sources. Tt ia a well known fact that the ruling minds in the Convention cf 1787, whilst ing on the necessity of an extension of the powers ef the general government, and a different distribution of them, were not unanimoue ag to | ; the way in which this should be accomplished. the majority were in favor of cutting loose federation, and establishing a goverument of a more tional character, a party, composed in the main representatives of the small States, advocated s) vision of the articles of confederation ag would the government a league or compact between Resolutions in accordance with the former, or called the Virginia plan, were introduced by Mr. Ray dolpb, and subsequently Mr. Patterson bi t forware others embodying the views of the State righte party, which were known as the New Jersey plan. On the 19U3 of June, these opposing propositions being under consi. deration in committee of the whole, those offered by Mrz Patterson were indeiinitely postponed, and then on @ mae tion to rise and report Mr. Randolph's propositions withe out alteration, “ which was in fact a question whether Mr. Randolph’s should be adhered to as preferable to those of Mr. Patterson,’’ it was carried by the votes of seven States for, to three against. ‘The resolutions of Mr. Randolph declared: That a national government ought to be sisting of @ supreme legislature, executive and that the te of suffi in the first branch of the legislatured ought not to be in accordance with the rule estab~ lished in the articles of confederation, but © some equitable ratio of representation, namely in. pro to the whole number of white and other free inhabitants and citizens; that the rights of suifrage in the second branch of the legislature snaps lo be according to the rule established ux the first; that the legislative, executive and judiciary powers, in the several States ought to be bound ty oath to support the articles of union; and that the ai ts Which should be offered to the confederation by the Convention ouga’ au the proper time or times 10 be submitted to an aswemb y oF assemblies recommended by the several latures. t be zea chosen by the ‘people, to lex and decite These resofutions, although subsequently modified, con tained the germs of the present constitution, and the vote on them settled the question jt the advoca'eg of a confederation of States; as will appear from an ox amination of the principles which they involved. The debates on their adoption show that they were consider- ed by those who advocated and those who opposed then as substantially an endorsement of a government in- vested with larger and more widely distributed powers than bad ever been poasessed by the confederation. The only point in which the advocates of a federal system appear to have been successful was in finally maintain: in the equality of the States in one branch of the Legis- ure, THE DICTA OF THE FOUNDERS OF MR REPUBLIC. In discussing these plans, Willson drew tho foo parallel:— Representation of the people at i soar ing Pitt a the, eof onal tation prevails in the cther.” Here the jurisdiction of the maticnal trtninals 1a to extend to all cases affecting the national peace and harmo- inaslly Be, ratite con’ Judiciary: ny, there a few eases only are marked out, cation is in this to be by week Sot themselves, in that by the legisiatlve authorities according 10 the thirwéenth article of the confederation, Madison, speaking of tho New Jersey plan, observed ~~ ‘That besides omitting a control over the Stat ral defence of the federal prerogatives, it wer pata ri devective in two of Ite provisions,” In tho first piace, ita ratit- not, to be by the people at large, but by the Legis cou'd not therefore render the dete of (o in pursuance of their powers even ley ant to Of the States. And in the second flagelt gave to the federal tribunal and appellate jurisdiction only, even in the criminal cases enumerated, ‘The necessity of any such provision sup. posed a danger of undue acqulttl in the Slate uibunals te What avail Would an appellate tribunal be after an acquital? Johnson said:— On a comparison of the two plans which had been ne vared that the pecull rity from Virginia and New Jersey, itappe which characterized the latter'was its being calcula Serve the individuality of the States. The pl from Virgola did not profess to destroy thi was charged with such a —_ mr ome Dt EXTRACTS FROM THE CONSTITUTION. With this reference to the two prominent plans of tha Convention, which is intended to show that from the first the leaning was towards a national government, your committee proceed to notice those provisions of tha cate which establish the propositions befura stated:— Ist. ‘That this is a government ordained by and for the pecs x id ple of the United States, is established by ‘the ‘preamble 13 ” ibe constitution, by the ‘form of its ratification, ‘and by 1 direct representation of the people in one branch of the fine tional Legislature. For convenience of reference the Ciaise3 relating to these subjects are given below. Preamble. We the people o¢ the Untted States, in order 10 form a more perfect Union, establish justice, instire domestic tranquill'y, provide for thie common defetice, promove ‘ba general welfare and secure the bl sings of bérty to us and bli#h this consiitution for to our posterity, do ordain and es the United States of America, Article J. The ratification of the Conventions of nine States shall be Suflicient for the establish it between the lates so ratifying the mame. * Coustitution Art 1, sec. 2 The House of Represeniatives shail be com. of members chosen every second year by the people of wveral States: and the electors in each State shall-hava site for elect: Druch of the Btate Legislatures, '* © ‘Ne Most numeroug ‘These extracts from the constitution show a derivation of power and a confirmation of it from the only traa source of all legitimate authority. The great principia that the government shonid rest on the consent of the people, and not on that of the States, having been settled y the vote on the form of ratitication, the preamble was adopted without opposition. The decision of the Conven- bed oo eony established a most important distinc- ion between the constitution and the articles o! ede- ration clearly stated in the debates. eo MRK. MADISON The subject of ratification Mr. Madison said;— He considered the difference bet em fe the true difference between a league or treaty and aconstity. tfon. The former, in point of moral obligation, might be s- inviolable as the latter. In point of political dperation there were two important distinctions in favor of thelatter. First. A law violating a treaty made by a pre-exi: might be respected by the judges ws n la, thodgh we eae r pertidious one, A law violating a consti:ution establiahe? y the people themselves, would ~ es null ind void. juld be cousidered by the judges The docirine laid down by the law i treaties Is, {hat a breach of any 4 Pah mpd of the partics frees the other parties from their engagements, In the case of a union ot people under one constitution, the pature of the pact ways been understood to exclude such an interpretati paring the two modes in point of «xpedieney, he thoughi all the consideratinay minen ting th Angle og - ‘ny ¢ ee to Cor for yn slug ihe oroin favor of Sta'e ion ferener _ THE PROVISIONS FOR POPULAR GOVERNMENT, Tyo direct participation of the people in the government by sheir representation in one of its co ordinate brane! as provided, article 1, section 2, of the constitution, affords additional evidence of the national character of the gov- ernment. ‘Ihe members of the House of Representatives. are elected directly by the people, in the same manner as members of a State Legislature, ‘This feature of the con- stitution was most strenuously opposed in the Conyen- ticn, as destroying equality of the States, and building « 4 government over which the States in one of its eo-ordi nate branches would have no control. On this provision as on that in regard to ratification, the advocates for State sovereignty made a determined stand, as is showD by.the debates: nor could they be induced to viel om any other terms than a compromise which left them equal representation in the Senate, The legislative brancly of the governmeft then, whilst partaking somewhat of the federal character, may be claimed, as to the House of Representatives, as one of the connecting links between the people and the government, and as thus strengthen. ing the evidenee of » conetitution of the people, which i derived from ¢ declaration of prea 6 form of ratifleation. sad bidet 2. That the constitution establishes the paramount au- thority of the general government’ is the next point t> be considered, nor does jt rest on evidenceany mora doubtful than the proposition already discussed. * i . boys | indeed have been a fatal defect in the const)- ution is supremacy over the constitutions and | o the States had. been established on he higher sanetions than implied or inferential powers: and it {s an ev Genco of the ®ongummate wisdom of its framers that whilst no opposition could induce them to wairo th’? most important provision, its 1mdue operation on the le- gitimate authority of the States was rendered impossible by the establishment of a Supreme Court, with a juris. diction over all cases arising under the constitution, and whose Judges were to be nppointed by the two bran-hes of the government most directly connected with tha States in thoir collective capacity. We here qiote thesa Passages in the constitution to which we refer in ¢ cosnection:— Art. 3, See. 2. The judicial power shall extend to all sasea. in law or equily arising unde: in law init 'g arising under this constitution and the laws 3 Thi: constitution, and the laws of the United puns ‘ treatten mate or which shail be made under ther suduonay oe the United States, shall he the supreme law of the land, and the judges in any State shall be bound thereby, any:hing in. the constitution or laws of any State to the conteary porwli’ THR ENTY OF STATES WELD SUPREMU. These provisions of the constitution, like all others trenching on the sovereignty of the States, met with a determined opposition, both in and out of ‘the Conver tion. They aivested ‘the States of powers which had often been éxercised under the articles of confederation of rullifying the acts of Congress, and established @ common arbiter in the Supreme Court on ull cases urising under tho constitution and the laws of the United States. Originatirg in the conviction of the impossibility of reconciling a sovereignty in the Onion and at the same time complete independence in she p= AO the imperium in imperia, and ite aa the para wort pe rent incteey paramount authority of the gene- te Det dilleult to, see that w he constitution would be a much more imperte: ‘i ment than were the articles of contedetaton. win dividing the governmens into a number of co-ordinate branches, evlarging their spire of action, and imposing on them responsibilities and duties which did not exics inde the old system, it would have elothed them with 10 power to enforce their ceerces against. the upposition ‘fan individual State, In the language ot the federaliat-— ‘The world would have reen the anthortty of the whole 40 oPiyion. wing under consideration, ves the \thont these provisiona clety eul'ordinate to the authority of ita parte: It wousd ty amenster in which the esd was Un 0 direction or ficmonlen nder the direction v. THE PRRPRTTITY OF THE UNtoN, f 3. That the comstitution provides for the i i" Union may te shown nepatirely rae ny clomcend on Lrovivion by authority fw i may be consi: tional dissolved. Te wonkl indeed have heen a strane perver- sion of pdwers if, in view of the recommendation of Con- gress that it should take measures to render the fede Tal constitution “adequate to the exigencies of the gov ernment and the preservatirn of the Union,” the Coneey, tien had proceeded to encraft on the mew system a v tab defect of the old, which they were expresely allel. tor remedy: nor would sueh a proceeding have beén more in harmory with the action of the Avmapolix meeting, and the opinions of the most cmivent of our etateamen ‘The want of such a provision, considered in connectton with the full contemporaneous evidence na to she views and objects of the leading minds of that day, affords evidence indirect indord, but at the sine thme aerony nied convincing, that the fell spirit uf disunion was never to rive sustenance and support from the sacred pages of an es ee et to destriy ite power, Again, Regative testimony in favor of the propositio under cxemination May be gathered from ae Sieleratioe of the ends and purposes for which the constitution wie ordained and established. Tho preservation of domestic tranquillity, and the promotion of the general welfare are objects of a8 much importance now as they over were and that importance will not lessen in the fatare ih The fame necessity then which led to the Union ns the only means of securing these great blessings ~ | +a to its Preservation as the caly geans of porpet: ating the»