men

common cause with the South, and resist to the power of the sword. No such madness was erer last extremity. A heresy in this Convention advocated. I cannot believe that a man would then, is the proposition or a declaration that if for one moment advocate the marching of an coercion is attempted, we will not aid; and this army upon the North or the South, when such an is said to be an insult to the Northern States. It attempt would dissolve this Union beyond the is said, if it is passed, the Northern States will power of reconstruction. As a distinguished son be offended, and that no compromise can be of Illinois has said: "When an army is marched made. Are we acting with the Border States ? into these States, and when blood is shed, the sun Are we taking the bold position that they are of American liberty will set forever behind a sea sueing for compromise? If we vote down the of blood, and will rise no more." resolution, we say by voting it down, (taking the If the Convention will indulge me one moment language that has been used upon this floor-the I will read one sentence upon this very subject, substance of it,) that we will furnish men and from the Governor of Virginia, and I desire to money. There are two sides to this question. read it in connection with what I have said.One is that we will not furnish men and Speaking in reference to the propositions from money; but, if we vote this resolution down, New York and Ohio, he said: we say that we will

furnish

and “This I understand to be a declaration of their money, and are ready so to do. Without under- readiness and willingness to sacrifice the men and taking at present to determine, gentlemen of the money of that State, in the effort to coerce the Convention, whether the General Government slaveholding States to submission to Federal auhas the right to coerce the Southern States, under thority. The Governor and Legislature of New the Constitution, a question that I intend yet to York ought to know that the sword has never ro discuss before the close of my remarks—but, bo- conciled differences of opinion. Military coercion fore taking it up, I propose to inquire for a mo- can never perpetuate the existence of this Union. ment whether, if the General Government has the When the affections of the people are withdrawn right, it should be exercised towards these States. from the Government, an attempt at coercion can Five millions of people have taken a position that have no other effect than to exasperate the people they have a right to throw off this Government, threatened to be coerced. Blood, shed in civil and have gone out of the United States. I will strife, can only enrich the soil that must speedily not debate the question whether they have suc- produce "a harvest of woe.”. ceeded, or whether they will succeed or not, but I Whether the Government of the United States desire to inquire whether Missouri believes, as in- has the power or not to coerce under the Constitutimated by two or three members on this floor, tion, I apprehend there is but one feeling, and that it would be right to coerce these States ? there ought to be but one in this Convention, and Think for a moment of an army marching upon that is, that that power ought not, and, in be the States in order to bring them into subjection. language of Kentucky and Virginia and other Let a Northern army invade the Southern States, slaveholding States, must not be resorted to. let them start from Ohio or New York, go down When an effort is made, all efforts to reunite the and attempt to bring those States into subjection. Government-all efforts for peace are at once gone. They may lay waste their cities, they may destroy Gentlemen of the Convention, the resolution that their people, they may succeed in battle, they is furnished by the Committec on Federal Relamay subjugate the country and destroy the inhabi- tions opposes coercion, and the amendment now tants, but tell me, then, if the Union is sustained; under consideration says that we will not furnish tell me, then, if those who are left to tell the men or money for that purpose. We have looked news will love the Northern States, after they at the effect of this question, and the ultimate have been scourged, and after the rivers have run destruction, beyond redemption, if coercion is with the blood of their kindred? Tell me how attempted. But we should not as a Convention long the earth will revolve on its axis, or time say that we will not furnish men or money if the roll on, till the Southern people will forget the Constitution of the United States authorizes the outrages of the Northern armies? The mother General Government to coerce a defaulting or will take her children to the grave of their seceding State. We should not pass this resolafather, and tell them that he was shot down while tion when the resolution itself would be unconhe was maintaining his rights against Northern stitutional, and this brings us to the question, fanatics: "Here lies his grave.” The grandchil- has the General Government the power under dren and the great grandchildren would be brought the Constitution to coerce a State? I have to it, and for ages their descendants would be told said that a State had constitutional that their ancestor was slain in defense of his right to secede. The Constitution has made no country; and while time rolled on, thousands of provision for the dissolution of the Union, and I years would not drive from their hearts the outra- will state, in addition to this, that while it has ges and injuries inflicted upon their sires. Never, made no provision for dissolving the Union, for never, can these States be brought back by the a State going out, it has withheld all provision

no

and all power from the General Government to “The committee then rose, and the House adcoerce a state that puts itself in default. I desire journed.” to be understood in this affirmation. I affirm I need not read from the debates upon this subthat the Constitution does not make any provi- ject the reasons then given why force should not sion to coerce any State, North or South. Fortu- | be given to the Federal Government. After this nately for the country, these very questions were question had been fully debated, and the Convenconsidered and anticipated in the debates when tion had voted down the proposition to give the the Constitution was framed. We have left upon Federal Government the power to force a State, the record the testimony and debates of men who it was believed that the power should be given to framed the Federal Constitution. It was pro- negative the laws of States that came in conflict posed, in making that Constitution, when they with the General Government, and this question looked to the future and anticipated the troubles was debated at some length, and with great inthat might arise between the North and the terest. They said it was necessary to have some South, and between the different sections of the provision to bind the sovereign States together, Confederacy, and they felt that some power was and in case of violation by legislation or othernecessary. My friend from Pike yesterday said wise, that they might be controlled. But, when that the General Government had the power this question was considered, it was decided that to declare war, and, having the power to de. the mildest form of force ought not to be placed clare war, we ought not to pass a resolution in the Constitution, and it was withheld and vothat we would not aid.. I emphatically de- ted down. Can any gentleman affirm, then, that ay that the General Government has any power the power to coerce or declare war against a State to declare war against any State in this Union. is in the Constitution, when it was proposed and They gave the Government the power to declare voted down? It is not expressed--it is not imwar against a foreign nation, but when the propo- plied. The subject was debated; it was proposed, sition was made to give the power to declare war and it was rejected; and it is not in the ConAgainst a seceding State, it was denied. The stitution. Can any one say, then, that the very idea, to the framers of the Constitution, of General Government has the power to coerce a the General Government carrying the flag of the State? It is not expressed in the Constitution. country to subdue one member of the Confede- Is it implied? It was proposed, it was debated, racy—to subdue a sovereign State—was too hor- it was voted down, and then it cannot be implied. rible for them to entertain, and they voted it Will any man dare to take the position to neradown. It was still felt that something was neces- tive the laws passed by a seceding State? I tell sary to be done—that there should be some power you, when the Constitution was made, the subin the General Government to keep the sovereignject was proposed. That subject was considered, States in subjection, and the proposition was and our fathers decided it was a dangerous made to give all the authority to the Federal Gov- power and would destroy the Constitution itself. ernment to force the States into obedience-the No man can then affirm that the General Gopower of coercion--and upon that subject the de- vernment has the power either to declare war for bates sustain fally the position I have assumed, or against. No man can affirm that the Constithat it was a dangerous power that ought not tution, expressed or implied, authorizes the coerto be placed in the Federal Government. In the cion of any State in this Union. No man can Balison papers, 140, we have the following lan- affirm that the Constitution of the United Siates guage from Mr. Madison, on the question of give gives the power to negative any law or any act Lag the power of the Federal Government to forco passed by a sovereign State. It was proposed in 3 seceding State:

the Convention that framed the Constitution; it "Mr. MADISON observed, that the more he re

was debated and it was voted down. Mr. Ma

son, of Virginia, said that such power was danAerted on the use of force, the more he doubted

gerous to be placed in the Federal Government. the practicability, the justice, and the efficacy of it, when applied to people collectively, and not in

“The most jarring elements of nature, fire and dividually. A union of the States containing

water themselves, are not more incompatible than

such a mixture of civil liberty and military exesuch an ingredient seemed to provide for its own

cution. Will the militia march from one State destruction. The use of force against a State would look more like a declaration of war than

into another, in order to collect the arrears of taxes an infliction of punishment, and would probably

from the delinquent members of the Republic? be considered by the party attacked as a dissolu

Will they maintain an army for this purpose ?

Will not the citizens of the invaded States assist tion of all previous compacts by which it might be bound. He hoped that such a system would

one another, till they rise as one man and shake

off the Union altogether? Rebellion is the only be framed as might render this resource unneces

case in which the military force of the State can sary, and moved that the clause be postponed.

be properly exerted against its citizens. In one “This motion was agreed to, nem. con. point of view, he was struck with horror at the prospect of recurring to this expedient. To pun- States-it would be dreadful enough to do this, ish the non-payment of taxes with death was a if the Constitution required, and if our honor and severity not yet adopted by despotism itself; yet our flag required us to go. That we should go into this unexamplel cruelty would be mercy com- a land where we were born, where the church pared to a military collection of revenue, in which yards are filled with our kindred, and where we the bayonet could make no discrimination be- should shed the blood of our kindred; and it tween the innocent and the guilty, He took this would be too horrible for human nature to con. occasion to repeat, that, notwithstanding his so- template the consequences. It is a spectacle at licitude to establish a national government, he which humanity, as this report says, would never would agree to abolish the State govern- shrink and fly away. I say Missouri never will ments, or render them absolutely insignificant. do it. Her Convention may say so, but its memThey were as necessary as the General Govern- bers will be compelled to select a commander ment, and he would be equally careful to preserve out of their own forces to fight their own battles. them. He was aware of the difficulty of drawing I tell you when an army engages in a war against the line between them, but hoped it was not in- the Constitution of the United States, against the surmountable. The Convention, though com- laws of the land, against humanity, the God prising so many distinguished characters, of battles that sustained Washington in the could not be expected to make a faultless govern- American Army, will be upon the side of that ment; and he would prefer trusting to posterity oppressed people, however wrong they may be, the amendment of its defects, rather than to push and victory in every battle will belong to them. the experiment too far."

Our friends in Illinois say, believing that LinMr. President and gentlemen of the Conven- coln intends coercion, you cannot do it. tion, we have arrived at the point, and we affirm They say you shall not do it. They that we have settled it beyond the power of refu- say our friends and kindred are in those States, tation, that this Federal Government cannot and we want this Government reunited, and march an armed force, by a declaration of war, it cannot be done if you commence coercing into a defaulting State--that it cannot coerce- those States, and, raise your army in Springfield that there is no power to negative a law. I must or Chicago, and attempt to march it into those confess that all the indications from the Govern- States, it will first have to march over our dead ment we are under seem to be to the effect that bodies. the present Chief Executive of the United States Will the Missouri Convention be less patriotic intended to start the doctrine of coercion, and all and less bold than the State of Illinois? They that has been said by that party in Congress, ex- say, we do not approve of the course of the cept a few, warrant me in the conclusion that it

South; we are sorry they have taken the step, was their setiled determination to coerce the but the North is in fault, and their orators say, Southern States. I trust they have abandoned in language not to be misunderstood, that it was that course. I trust, on examining the laws the election of a President upon a sectional platthey have to enforce, and the powers, that they form that nullified the Constitution and Southern will abandon it. But I affirm--acting the part of rights. Ohio speaks out through her two hunan humble member of the people of Mis- dred thousand Democrats, and they send greetsouri--that Abraham Lincoln cannot march ing North and South, not in language you have an army into one of the

from these debates that I intended to have read, Is it intended by this Convention-is that the but I see it will take too much time. I desire, tone and sentiment that is to go North and bowever, to give the following resolution, which South-that if the Government is dissolved, if sras drawn by Mr. Jefferson:

two confederacies are established, that Missouri "Resolved, That the several States composing shall remain in the Northern Confederacy, and the United States of America are not united on prefer it to the South? That may be the sentithe principle of unlimited submission to their ment of every member of this Convention but General Government; but that by compact, under one. I assert in my place to-day, and I have the the style and title of a Constitution for the Uni- independence to do it--and I want that recorded ted States, and of amendments thereto, they con- now, and in all future time that if the other restituted a General Government for special pur- | maining slave States shall form a separate Conposes, delegated to that Government certain defi- | federacy-when all hope of reuniting the Goy. nite powers, reserving cach State to itself the re- ernment is gone, when the heart of the North siduary mass of right to their own self-governo that has been so cold has grown colder, and ment; and that whensoever the General Govern- | they shall say, in the language of Wade: “The ment assumes undelegated powers, its acts are day of compromise is past,” we have a great nainauthoritative, void, and of no force; that to tional victory upon a sectional platform, and we this compact each State acceded as a State, and are not anxious to compromise—then, I say, when is an integral party; that this Government, crea- that time shall come, when this Union is disted by this compact, was not made the exclusive solved, when there is a Northern and Southern or inal judge of the extent of the powers dele. Confederacy, then, for one, I am in favor of Misgated to itself, since that would have made its souri taking her stand with her Southern brethdiscretion, and not the Constitution, the measure eren in the Southern States. [Applause.] of its power; but that as in all other cases of The CHAIR. Those gentlemen who applauded compact among parties having no common must leave the galleries. Mr. Sergeant-at-Arms, judge, each party has an equal right to judge you will see that those gentlemen who have apfor itself as well of infractions as of the modeplauded will leave the galleries at once. I have and measure of redress.”