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J. C. Crittenden (search for this): chapter 5.58
lities; these things it becomes us to contemplate; these things it devolves on the majority section to consider now; for with every motion of that clock is passing away your opportunity. It was greater when we met on the first Monday in December than it is now; it is greater now than it will be on the first day of next week. We have waited long; we have come to the conclusion that you mean to do nothing. In the Committee of Thirteen, where the resolutions of the Senator from Kentucky [Mr. Crittenden] were considered, various attempts were made, but no prospect of any agreement on which it was possible for us to stand, in security for the future, could be matured. I offered a proposition, which was but the declaration of that which the Constitution announces; but that which the Supreme Court had, from time to time, and from an early period asserted; but that which was necessary for equality in the Union. Not one single vote of the Republican portion of that committee was given for
George Washington (search for this): chapter 5.58
forward the case of the great man, Washington, as one in which he had used a means which, he argued, was equivalent to the coercion of a State; for he said that Washington used the military power against a portion of a people of the State; and why might he not as well have used it against the whole State? Let me tell that Senator that the case of General Washington has no such application as he supposes. It was a case of insurrection in the State of Pennsylvania; and the very message from which he read communicated the fact that Governor Mifflin thought it was necessary to call the militia of the adjoining States to aid him. President Washington cooperatPresident Washington cooperated with Governor Mifflin; he called the militia of adjoining States to cooperate with those of Pennsylvania. He used the militia, not as a standing army. It was by the consent of the Governor; it was by his advice. It was not the invasion of the State; it was not the coercion of the State; but it was aiding the State to put dow
James Madison (search for this): chapter 5.58
pact between independent States; it was not a national Government; and hence Mr. Madison answered with such effectiveness to Patrick Henry, in the Convention of Virgls will continue their sessions as heretofore. [Laughter.] The authority of Mr. Madison, however, was relied on by the Senator from Tennessee; and he read fairly an extract from Mr. Madison's letter to Mr. Webster, and I give him credit for reading what it seems to me destroys his whole argument. It is this clause: The powe a resort to force—a very great difference between their opinion and that of Mr. Madison. Mr. Madison put the rights of the people over and above everything else, anMr. Madison put the rights of the people over and above everything else, and he said this was the Government de jure and de facto. Call it by what name you will, he understood ours to be a Government of the people. The people never have sebless posterity. It is in the exercise of this reserved right as defined by Mr. Madison, as one to which all the powers of Government are subject, that the people o
McPherson (search for this): chapter 5.58
rring to the Romans and the Britons, whose military law was borrowed from them. Mr. Adams, however, when an insurrection occurred in the same State of Pennsylvania, not only relied upon the militia, but his orders, through Secretary McHenry, required that the militia of the vicinage should be employed; and, though he did order troops from Philadelphia, he required the militia of the northern counties to be employed as long as they were able to execute the laws; and the orders given to Colonel McPherson, then in New Jersey, were, that Federal troops should not go across the Jersey line except in the last resort. I say, then, when we trace our history to its early foundation, under the first two Presidents of the United States, we find that this idea of using the army and the navy to execute the laws at the discretion of the President was one not even entertained, still less acted upon, in any case. Then, Senators, we are brought to consider passing events. A little garrison in th
Edmund Burke (search for this): chapter 5.58
sion came the separation of the colonies from the mother-country. The same thing is being attempted to-day. Not the law, not the civil magistrate, but troops, are relied upon now to execute the laws. To gather taxes in the Southern ports, the army and navy must be sent to perform the functions of magistrates. It is the old case over again. Senators of the North, you are reenacting the blunders which statesmen in Great Britain committed; but among you there are some who, like Chatham and Burke, though not of our section, yet are vindicating our rights. I have heard, with some surprise, for it seemed to me idle, the repetition of the assertion heretofore made, that the cause of the separation was the election of Mr. Lincoln. It may be a source of gratification to some gentlemen that their friend is elected; but no individual had the power to produce the existing state of things. It was the purpose, the end, it was the declaration by himself and his friends, which constitute th
House (search for this): chapter 5.58
he goes a little further than anybody, I believe, who has spoken in vindication of the right, for he says: We do not intend that you shall drive us out of this House that was reared by the hands of our fathers. It is our House. It is the constitutional House. We have a right here; and because you come forward and violate theHouse. It is the constitutional House. We have a right here; and because you come forward and violate the ordinances of this House, I do not intend to go out; and, if you persist in the violation of the ordinances of the House, we intend to eject you from the building and retain the possession ourselves. I wonder if this is what caused the artillery companies to be ordered here, and the militia of this city to be organized? I thin do harm. We, standing here, hold the balance of power in our hands; we can resist it at the very threshold effectually; and do it inside of the Union, and in our House. The incoming Administration has not even the power to appoint a postmaster whose salary exceeds one thousand dollars a year, without consultation with and the ac
Robert Anderson (search for this): chapter 5.58
was one not even entertained, still less acted upon, in any case. Then, Senators, we are brought to consider passing events. A little garrison in the harbor of Charleston now occupies a post which, I am sorry to say, it gained by the perfidious breach of an understanding between the parties concerned; and here, that I may do justice to one who had not the power, on this floor at least, to right himself—who has no friend here to represent him—let me say that remark does not apply to Major Anderson; for I hold that, though his orders were not so designed, as I am assured, they did empower him to go from one post to another, and to take his choice of the posts in the harbor of Charleston; but in so doing he committed an act of hostility. When he dismantled Fort Moultrie, when he burned the carriages and spiked the guns bearing upon Fort Sumter, he put Carolina in the attitude of an enemy of the United States; and yet he has not shown that there was any just cause for apprehension.
J. H. Adams (search for this): chapter 5.58
ne to whom, more than any other man among the early founders of this Government, credit is due for the military principles which prevail in its organization. Associated with Mr. Jefferson originally, in preparing the rules and articles of war, Mr. Adams reverted through the long pages of history back to the empire of Rome, and drew from that foundation the very rules and articles of war which govern in our country today, and drew them thence because he said they had brought two nations to the pinnacle of glory—referring to the Romans and the Britons, whose military law was borrowed from them. Mr. Adams, however, when an insurrection occurred in the same State of Pennsylvania, not only relied upon the militia, but his orders, through Secretary McHenry, required that the militia of the vicinage should be employed; and, though he did order troops from Philadelphia, he required the militia of the northern counties to be employed as long as they were able to execute the laws; and the or
Mifflin (search for this): chapter 5.58
hole State? Let me tell that Senator that the case of General Washington has no such application as he supposes. It was a case of insurrection in the State of Pennsylvania; and the very message from which he read communicated the fact that Governor Mifflin thought it was necessary to call the militia of the adjoining States to aid him. President Washington cooperated with Governor Mifflin; he called the militia of adjoining States to cooperate with those of Pennsylvania. He used the militia, Governor Mifflin; he called the militia of adjoining States to cooperate with those of Pennsylvania. He used the militia, not as a standing army. It was by the consent of the Governor; it was by his advice. It was not the invasion of the State; it was not the coercion of the State; but it was aiding the State to put down insurrection, and in the very manner provided for in the Constitution itself. But, I ask again, what power has the President to use the army and navy except to execute process? Are we to have drum-head courts substituted for those which the Constitution and laws provide? Are we to have serge
Daniel Webster (search for this): chapter 5.58
st have revolution, I say let it be a revolution such as our fathers made when they were denied their natural rights. So much for that. It has quieted apprehension; and I hope that the artillery will not be brought here; that the militia will not be called out; and that the female schools will continue their sessions as heretofore. [Laughter.] The authority of Mr. Madison, however, was relied on by the Senator from Tennessee; and he read fairly an extract from Mr. Madison's letter to Mr. Webster, and I give him credit for reading what it seems to me destroys his whole argument. It is this clause: The powers of the Government being exercised, as in other elective and responsible governments, under the control of its constituents, the people, and the Legislatures of the States, and subject to the revolutionary rights of the people in extreme cases. Now, sir, we are confusing language very much. Men speak of revolution; and when they say revolution they mean blood. Our fath
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