Indiana State Sentinel, Volume 22, Number 8, Indianapolis, Marion County, 14 July 1862 — Page 4

WEEK LY SENTINEL

D k V. THE COSTITlTIO(. AN O KATION DELIVERED BT Hon. George T. Oui-ti, Before Ihe Ctfy Council and Citizens of Boston, at ike Acadtmy of Music. July 4tk, 1662. Mr. Mayor and Gentleman of the City Council: H ill I felt at liberty to consult my own inclination alone. I sboultl have asked you to excuse me from taking part in the proceeding of this dar. At a much earlier period of life I enjuyeil the distinction of betui: placed on the lng roll of thoe who have Watce.'Jiiveiy spoken to the people of Boston, at the bidding jf their municipal authorities, on this, our mtloiiiil anniversary. At this particular juncture, 1 cotfld well have desired to be spared from the performance ot any auch public duty. I hid prepared m self to bear what w now upon us, in silence and obscuriiy doing the infinitely little that I may, to alleviate personal suffering, sustaining the hopes of those who are nearest to me, and endeavoring to chervil in nr. own breist a living faith in thetrfnth and perpetuity of our republican forms of government. but private wishes are nothins private tastes are nothing in the presence ot great public trials and dangers. We cannot, if we would, escape the responsibilities which such trials and dangers entail upon us. If we My to the uttermost parts of the earth, the thought of our country is with us there. If we put on the robes of the stoic, or wrap ourselves in the philosophy of the fatalist, the heirt beneath will be it lor the land of our birth applnue. in spite of the outward man. There is no peace, there is no hope, there is no happiness, in a state of indiffei ence to the welfare and honr of our country. The mu-i sordid of men, hoe sole delight consist in laving, day by day, one piece ol gold upon his already wollen he;ips, has no more usstiied rest from anxiety for his country, in times ot real peril, thaii he whose sole being quivers .encatli the blows which public disasters or di.-grates inflict uixmi a refined and sen-it ive nature. To love our country; to labor lor it- pro-parity and repose; to contend, in civil lite, lor the tnea.-uies which we believe essential to its good; to veiru fur that long, deep, tranquil flow ot public flairs, which w loudly hope is to reach anil beir sately on its bosom those in wlifni e ate to have an earthly herealter; these are the nobler passions and i e higher aim.- which distinguish the civilized in in the ravage man. Even if 1 did not leel such emotions deeply, how cou'd 1 bring here at such a time M this, the doubts and mis giving ot one fe.iriul for him.-eli? The thicklycrowded memories I the far-off dead, who have fallen in the bitter contests of this civil war admonish me of the insignificance of such fears. Who shall brin:; a thought ol the exertions, the sacrifices or the responsibilities of public discourse into the pie?ence of the calamities of his country. I am here for a far other purpose. I come to ple.d lor the Constitution of our country. Applause j I am here to show you, from my own earnest couvu-tions, how dangerous it may be to lorego all cue lor the connection between the political past ami the political Inline 1 am here to state to you, as 1 have read them on the page ot history, the i und.i met-1 , conditions on wh'ch alone, as I believe, the eople ol these Statt can he a nation and preserve their liberties. 1 am here in endeavor to rescue the idea of union Irom heresies as destructit e s the disorganizing and justly reprobated heiesies ol 'secession. I wish to do wh.it I can to detioe to rational and intelligent minds the real naturo and limits C t lie n.iiioual suprem icy ; and to vindicate it from the corrod ng influence of doctrines, which are leading us away irom the political faith and precepts of a free people. Do you say that there is no need of suchadiscusion? Reflect for a moment, I pray vou, on what has already crept into the common uses of our political speech. We hear men t ilk about the "old" Constitution; as if that admirable lraine of government, which is not yet older than some who still live under its sway, and which has bestowed on this nation a vigor uuex unpled in history, were already in its decrepilude.or as if it had become suspended trow its I unctions by general consent, to await at respecllul distance the advent of soma new author.t.', as yet unknown. We hear men talk of the "old" Union; as if there were a choice about the terms on which the Union c:n subsist, or as if tho.-e terms were uot to be taken as having been fixed, on the day on which Washington and his compatriots signed the Const. tutiou of the United States. Applause You will not say that this tendency tins apparent willingness to bieak away from the past and its obligations, and lo throw ourselves ujion a careless tempting of the future does not demand your sober coiisiderdSku. 1 beg you also to call before you another symptom of these unsettled times. With an extravagance partly habitual to us. and partly springing from the intense exertions of the year which has just jms-ed, we have encountered the doctrines ot secession and disunion with many theories about the national unity and the Federal authority, which are not founded in history or in law. Are you n t conscious that there has been poured forth from hundreds of American pulpits, platforms and presses, and on the floors of Congress, a species of what is called argument, in delen-e of the national suprem acv, which ill befits the nature of our republican institutions? When 1 hear one ol these courtierlike preachers or writers, for our American sovereign, resting the authority of our Government on a doctrine that might have gained him promotion at the hand of James of Charles Stu art, 1 can not help wishing that he had lived in n age when such teachings, if not aciutlly believed to be sound, were, at a li events, exceedingly useful to the teachers. My friends, I can not bear the thought of vindicating the suprem icy of our National Gov et ii men i by anything but the just title on which it ws founded; and I wiil not de sert the solid ground of our republican constitutional liberty lor any purpose on earth, while there is a hope of maintaining it Applause 1 know of no just foundation for the title ot government in this country, but consent that consent w hich resides in compact, contract, stipulation, concession t!"ro rt eoncido" ol ;.nblic grant. Give me a solemn cession of poluirl sovereign power evidenced by apu'dic transaction Mid a public charter, and you have given me a civil contract, to which I can apply the rules of pub ic law ami the obligations jf justice between man and in mi; on which 1 can setNtrate the legitimate powers of the Uovem ment from the rights of the people; on which I can. with per' eel propriety, asset t the authority of law in tne halls of criminal jiirispiudem e. or, if need be, at the mouth o: the cannon. But when you speak of any oilier right of one codec tion ol people or 3l des to govern another collection of jeople or State-; when you go bevond a public charter to create a rational unity and a duty of loyally and submission independent of th it chartei ; when you undertake to found Government on something not embracer by a grant I understand you 'o employ a language and ideis that ourhl never to e utteied by an American tongue, and which, if carried out in wacliee, will pot an end to the principles on which your liberties are founded, j Applause For tlese and many other reasons most appn.; ri tte for our consideration this day let us terur to certain indisputable fart in our history. I shall m ike no apology lor insisting on the precedent o! our national history. No uati ui can safely lay aside the teachings, the obligations or the tacts of its previous existence You can not m ike a takult ras ol your political condition, and write upon it a purely original system, with no traditions. n laws, no compacts, no beliefs, no limitation, derive! Irom the generations who ' have gone before you, without ruinously failing to improve. Revolution irv France tried such a pro.-eed ng, and property, life, religion, morals, public order and public tranquility went down into a confusion no belter than bub triam, out of whicti society could le raised again only by the strong hand of a despot. We are of a race which outfit to have learned by the experience of a thousand years that reforms improvements, progress, must be conducted with a fixed reference to those antecedent facts which have already formed the chief conditions ot the national existence Let us attend to some of the well kw-iwn truth in our history. 1. The Declaration of Independence was not accepted by the people of the Colonics, and their delegates in Congress were not authorized to enter into a Union without a reservation to the powpliT of each Colony of its distinct sepiraie right of internal self government To represent the abstract sentiments of the Declaration as inconsistent with any. law or institution existing in any oum of the Colonies, is to coutrrdict the record and history of its adoption. What, for example, do you make of the following resolution of the people of Maryland in convention, adopted on the 2wih day of June, 1776, and laid before the Continental Congress three days before the Declaration of Independence was signed: That the depwsis of swid Colony or any three or mote ot sbern. be amhorued and empowered to concur with the other Unite! C donies, or a

of them, in declaring me umwu wiw-

nies free and independent Slates; in forming such f irther con pact and cor. federation between them; i making foieign alliances, and in adopting such other measures as shall be adjudged necessary lor securing the liberties of America; and that said Colony will bold itself bouud by the resolutions ot the majority of the United Colonies in the premises; provided, the sol and exclusive right of regulating the internal government and policy of that Colony be reterocA to the people thereof.'1 This annunciation of the sense and purpose in which the people of Maryland accepted the Declaration, is just as much a part of the record as the Declaration itsell; and it clearly controls for them the meatiiug and application of every po litical axiom or principle which the Declaration contains It was intended to signify to the country and the woild, that the people of M i ryland consented to separate themselv es Irom the sovereigntv of Great Britain, on the condition, that lite right to maintain within their own limits just such a system of society and government as they might see tit to maintain, should belong to them, notwithstanding anything said in the Declaration lo which ihey were asked to give their assent. Several of the other colonies made a similar

express reservation; and all of them, and all the people of Amei a, understood that evei y colony accepted the Declaration, in fact, in the same sense. No man in the whole country, from the III of July, 1776, to the adoption ol the Articles j of Confederation ever supposed that the Revolutionary Congress acquired any legal right to i interfere with the domestic concerns of any one ot the colonies hich then became states, or any. moral authority to lav down ru.es for determin i e ing what laws, institution., or customs, or what! condition of its inhabitants, should be adopted or continued by the States in their internal goveminent. From that day to this, it has been a received doctrine of American law hat the Rev I olutiouary Congress exercised, with -the assent of J the whole people, certain powers which were needful for the common delense; but that these I powers in no way touched or involved the sove reign right of each State to regulate its own in lenial condition. 2. When the Articles of Confederation were finally ratified, in 1751, there was placet in the! very front of the instrument the solemn dec lira tion that "each State retains its sovereignty, i freedom, and independence, and every power, jit- ! risdiction, and right, which is not by this Conled er . tion expressly delegated to the United Stales I in Congress assemble!;" and the powers given to the United Stales in Congress related exclusive j ly to those affairs in which the Slates had a com- ' mou concern, and were IrameJ with a view to the common delense against a foieign enemy, in order to secure, by joint exertions, the iudepcud- j euce and sovereignty of each of the Slates. 3. When the Constitution of the United States . was finally established in l7bH, the people of. each State, acting through authorized ngents, ex- ' ecutel, by resolution or other public act, a cession til certain sovereign powers, describel in the Constitution, to the Government which that Con I I stMiition ptovided to receive and exerci-e them These powers being once absolutely granted by i public instruments duly execute! in behalf of the ; j peipleof each State, were thenceforth incapable ! j ol being resume!; for I hold there is nothing in the nature of political powers which renders! 1 them, when absolutely cedel, any more capable 1 of being resumed at pleasure by the grantors, ' ; than a right of property is when once conveyed i by an absolute ileil. In both cases, '.hose who receive the grant hold under a contract; and If I that contract, as is the case with the Constitu j tion, prov ides tor a common arbiter to determine i its meaning and operation, there is no resulting ! rrrht in the parties, from the instrument itself, Is determine any question that arises under it. At the same lime, it is never to be forgotten ' that the powers and rights of separate internal, government which were not ceded by the peiple J ot the States, or whicft they did not, bv adopting I the Constitution, agree to restrain, remained in the people of each State in full sovereignly. It might hav e been enough for their safety to have tested upon this as a familiarly understood and weil-iletiue J principle ot public law, impliel in every such grant. Bui the people did not see fu to tttist to implication alone. They insisted I upon annexing to the Constitution an amendment, i which declaies that "The powers not delegated' to the United States by the Constitution, nor prohibited by it to the States, nie reserved to the St des lespectiv ely, or to the people." We thus see that,' from the tir.-t da wn of ou national existence, through every form which it has yet assumed dual character has constantly attended our political condition. A nation has existed, because there has ail along exi-ted a central authority having the right to prescribe the rule of action for the whole people, on cer tain subjects, occasions, and relations. In this senseaiiil iu no other, to this extent but no further, e h ive been since 1776, and are now, a nation. At the beginning, the limits of this central authority, in respect to which we are a nation, were defined by general popular uirJersiandln ; but more recently were they fixed in written terms and public charters, first by the Articles of Con feteration, and ultimately, and with a more en l irgel scope r nd a more efficient machinery, by the Constitution. The latter instrument made this central authority a gov ernment ptoper, but with limitei and dehnet powers, which are sti preme vv ithin their own appropriate sphere. In like manner, from the beginning there has existed mother pelltioal body; distinct, sovereign within i's own sphere, and indejiendeiit as to alt the powers and objects of government not ceded or restrainel under the Federal Constitution. This body is t lie Suite: a political corporation, of which each inhabitant is a subject, as he is at the same time a subject of that other political corporation known as the United States. All this is familiar to you. But I state it here, because I wish lo remind you that the careful pieservaiion of this separate political body, the State, this soveieigii rig; tit of self gov ernment as far as it h is been retaiuel by the peple of each State. has ever been a cardinal rule id' action with the American peple, and witli all their wise-t statesmen, Northern and Southern, ol evei y school of politics. There havebetngre.it difference.-, ot opinion, and great controversies, icspe -ting the dividing line whi-h separates, or ought to be held to separate, the national from the State powers. But no American statesman has ever lived, at any formet period, who would have daiei to confess a purpose to crush tiie State sovereignties out of existence; and no m m can now on I ess such a wish, without arousing a popular jealousy, which will not slumber, even in a i;me ot civil war and national commotion, i Anplau.-e What is the true secret of this undying popu j lar jealousy on the subject of Side rghts? What is it, that even now when we are sending i o i best blood to be poured out in defense of the ; true principle of the national supremacy cause ali men who are not m id with some revolutionary project, to shrink from incisures that appear to threaten the integrity of State authority, and to pray that at least that bitter and dretdel cup may pass from us? It is the original, inborn and indestructible belief that the pi enervation n! the Stale sovereignty , within its just and legitimate sphere, is essential to the pieservaiion ol repub licau I'berty . Beyond a doubt, it was this lelief which led the peple from the first to object, as they sometime did unreasonably object, lo the augmentation of the nation il powrs. Perhaps thev could not always explain perhap thev did not always fully understand all the grounds of this conviction. It lias been, as it were, an in- i slinct; and for one, I hope that instinct is as act ive and vigilant this dav, as I am sure it was ' O J 9 1 eighty years ago. For i am persuaded that local self-government to as great an extent as i consistent with nation- ! al safety, is indispensable to the hmg continued existence of republican government oil a large ' 1 scale. A Republic, iu a greit nation, demands i those separate institutions, which imply in differ- j I eui poi linns of the nation some rights and powI ers with which no other portion of tha nation can j interfere. Yon nay give llie mere name of a republic to a great many modes of national exist ence; but unless theie are local privileges, immu ni lies and rights, iU.t are not subject to the control of the national will, the Oovernment, : although resting on a purely democratic basis, will be a despotism toward all the minorities A great nation, too, that attempts republican gov eminent without such local institutions and rights, must s. on lose even the republican form. Twice within the memory of some who are yet living, have the peipleof France tried the experiment of calling themselves a Republic; and France, be it remembered, has been, ever since her great Revolution, essentially a democratic country. But her republics have never been anything but huge democracies, acting with over whelming force sometimes through a he "I callel a Directory, sometimes thruugh a First Consul, sometimes through a President, but endiug spee dy in an Emperor and a Despotism. It is impracticable for a great and powerlul democratic nation, whose power is not broken and checked by local institutions of self government, to avoid conferring on i's bead and representative a large part or the whole of its own unlimited force, if that head is not clothed with such power, there will anarchy. Louis Napoleuw.by the present theory of French law, is the representative of the whole authority of the Fiencli nation so constituted by universal suffrage; and if his power did not in fact correspond to this theory, order could not be preserved in France. The most skeptical

person may be convinced of this, who will read the Constitution of the French Empire, remembiring that it is the work oT the Jimperor IllUlsCif. Turning now to our own country, let us suppose that the States of this Union, from the Atlantic to the Pacific, were obliterated to-day, and (hat the people of this whole country were a consolidated democracy, "one and inJivisible." No laws would then be made, no justice administered, no order miiutained, no institutions upheld, save in the name and by the authority of the nation. What sort of a Republic, think you, would that be? H it started with the name and sein Masseea how long would it preserve the substance of Republican institutions? In order to act at all in the discharge of the vast duties devolving upon it, the government of such a Republic, extending over a country so enormous, must moie and more be made the depository of the irresistible force ot the nation; and the theory that the will of the government expresses iu all cases, the will of the ruling majority, must soon confer upon it that omnipotent power, be neaih which minorities and individuals can have no rights. This is no mere speculation. Every reflecting man iu this country knows that he ha some civil rights, which he does not hold al the will and pleasure of a majority of the tieeple of the Uui tel States. He knows that he holdä these rights by a tenure which cannot lawfully be touched by all the residue of the nation. This is Republican Liberty, as I understand and value it: and without this principle in some form of active and secure operation, 1 do not believe that any valuable Republican liberty is possible in i.iy great Democratic country on the face of the earth. Certainly, it is not possible for us. It seems to one who looks back upon our history, and who keeps before him the settlel condition of our liberty, almost impossible to believe, that in consequence of a dire-t collision between the rightful supremacy of the nation, mid a wrongful asseiiion of Stale Sovereignty, we are exposel to all the evils of civil war, and to the danger of destroying the true principles of our system, in the effort lo maintain them. That this danger is real and practical, will he conceded now, by every man who will contemulaie the projects that spring up on all sides, looking to the acquisition of powers which have never belonged to the Federal Union by any theory under which it has yet existed. The tniiu resemblance between the.-e projects is, that none of them will fit the known basis of the Constitution; and that as means, therefore, of curing the disorders of our country, or of making men obedient to ttie Constitution, their tendency is merely mischievous. At the same time, they are none of them founded on any theory of a new Union, or on a new form of national existence, which their au thots can explain to us or to themselves. One man, for instance, wishes the Government to assume the power of emancipating all the slaves of the South, by some decree, civ il or military. But he cannot possibly explain what the Government ol the Union is to be, when it has done this. Another man wants a sweeping confiscation of the property of all the people of the revolted Slates, guilty and innocent alike. But he does not tell you what kind of a sovereign the United States is to be, alter such a seizure shall h ve been consummated. A third, in addition to these things, and as if in imitation of the Austrian method of dealing with rebellious Hungary, wishes to decline a sweeping foileiture of alt political rights; an utter extinguishment of the corporate State existence, and a reduction of the people ot the revolted States to a condition of military I r some other vassalage. But he uot only does not show the Constitution enables the Federal f-Tovernmeut to obliterate a State, but he does not even suggest what the Union is to be, when this is done, or even whence the requisite phytic! force is to be derivel. Multiiudes of politicians tell us that slavery is the root ot all the national disasters, and that we must "strike at the root.' But none ot' them tell us how we are to pass through these disasters to a safer condition, or what the condition is to be when we shall have "struck at the root." Applause iow it seems to me, endeavoring as I do to repress all merely vain and useless regrets for what is passed, and to find some sale principle of ac tion foi the present and the future, that there is one thought on which the people ot the Cnitel States should steadily fix the.r attention. We have seen that our National Union has had three distinct stages. The first was the Union formet by sending delegates to the Revolutionary Congress, and by a general submission to the incisures adopted by that body for the common defense. The second was the closer league of the Confederation, the powers of w hich were defined by a written charter. The third was the institution of a Government proper, witli sivereign but enumerate I power, under the Constitution. Now I infer from what I see of some of the currents of public and private opinion, that many persons entertain a vague expectation that the military operations now necessarily car ried on by the Federal Government will re-ult in the creation of new civil relations, a new Uuioii anda new Constitution of some kind, they know not what. He would tie a very bold and a very rash man who should undertake to predict w hat new Constitution can follow a civil war in a great country like this. Bui looking back to the commencement of our national existence, w e see that there never has been a change iu the form of the Union; there never has been a new acquisition of poUÜGaJ power by the centnl Government which has been gained by force Such additions of foreign territory as we have obtained by arms or treaty have tneiely increased ilie area of the Union, but they have not augmented the politi cal oowers of the Uovem men t in the smallest degree. Ttie inhabitants of those regions have MM '"to the Union subject to the same powers to which we, who were original parties to the formation of the Constitution, have always lieen subject, and to no others. The national aulhori ty has never guinel the slightest increase of its political powers by force of arm. In every stage in which its powers have been augmented the increase has been gainei by the free, v oluntary consent of the people of each State, without coercion of any kind. This consideration certainly affords no reison why the Government of the United State should not vindicate its just authority under the Constitution over the whole of its territory by military power. The right of the Government of this Union to "ercise the power embraced iu the Constitution rests, I repeat, upon a voluntary, irrevocable cession of those powers by the people of each State; and no impartial publicist in ihe world will deny that the right to put down all mil itary or other resistance to the exercise of those powers rests uHn a ju.-t and erlecl title. Ap plans.?. Tins title is founded on a public grant. But when you come to the idea of acquiring other and further powers by the exercise of force, you come to a v ery different question. You then have to consider whether a people whose civil polity is founded on the title given by consent nn have never known or admitted any oilier rule of action than that expressel iu the maxim that "governments derive their just powers Irom the consent of the goveniel" can proceed to found any new political powers on a military conquest over a rebellion, without changbig the whole character of their institutions. For my own part, w ith t lie best reflection I hav e been able to give this momentous subject, I have never been able to see how a in ijority of the American people can pveed to acquire by military subju gallon, or by military means, or maxims, any new authority over the pe ple or institutions or any State or class ot States, without falling hick upon the same kind of title, as that by which William of Normandy and his descendants acquired atd held the throne of England. Tiiat title was founded on the sword. Perha; there are some who will say, if this is lo lie the issue let it come. I can have no argument witli those who are pre.iarel to accept, or who wish for, this i-sue. All that I know or exoect in this world, of what may be calleJ civil happiness, is slake! on the preservation of rjjsj republican constitutional freelom. Applause If others are prepared lo yield it; it others are willing to barter it for the doubly hazardous experiment of obtaining control over the destiny of a race not now subject :o our sway, or dependent on our responsibility; if others are ready to change the foundation ot our Union from free public charters to new authorities obtained by military subjugation I cm mint follow tlieii Applause I shall bear that result, if it comes, with such resignation as may be given lo me. But you will pudon me, leltow-citizens, if, with my hum ble efforts, I yet endeavor to sustain those, be they manv or lew, who faithfully seek to carry us lo the end of these great perils with the whole system of our civil liberties unimpaired. Long continue! applause and cries of "Good." You will still, I tiuHt, give everv honest man the freedom to struggle to the last for that inestimable principle, on which ihe very authority of your government lo demand the ntiedience of all its citizens was founded by Mose who created it. Applause The oi.je. t for which we are urged by some to put at imminent hazard the foundation principle of our Federal system i, emancipation of the slaves of the South No one cm be less disposed than myself to undervalue the capacity of my countrymen to do a great many things and to do them succcsfully. One would suppose, however, that a proposition to effect a sweeping change in the condition of four millions of the laboring peasantry of a great region of country, and to do it iu almost total ignorance of tbe

methods in which that particular rsce cm be safely dealt with, so as to produce any good, would be a proposi'ion ujHn which even our self confidence would be likely to pau.-e. One would suppose that such an idea might suggest an in qmry into the limits of hum. hi responsibility. It is not allowed among sound moralists, that there is any rule which authorizes a statesman to undo an original wrong, at the imminent hazard of doing another wrong, as great or greater; and there is no rule of moral obligation for astatesm ui that i- not applic b'e io the conduct of a peo le. Selling aside, then, for a moment, al! idea of constitutional restiaint, let me put it lo eich one of you to ask himself how many persons there are iu all the North, on whose judgment you would rely for a reasonably safe determination as to what ought to be done witli slavery, having a single view to the welfare of that race? Of course 1 do not speik of disposing of a lew hun dreJ individuals, but of general incisures or movements affecting four millions of your fellowcreatures. It has been my fortune, in the course of Iii, to know a tew truly great statesmen in this our Northern latitude, and to know many other crsons, for whose getier.it opinions on what concerns the welfare of the human race I should have profound respect. But I have never -een the man, bom, educated and living away from contact with slavery as it exitts iu the Smth. whom I could regard as competent to iletermine what radical changes ought to be made in the condition of n race, of whom all that we yet know evince their present incapacity to become sell-Eiistitining and self-dependent. Long continued applause and some hisses In such a case, it appears to ine a very plain moral proposition, that our Maker has not cast upon us the responsibility of becoming his agept in the premises. Applause and hisses But it further ap pears to me that, in this case, he h is surrounded my moral responsibility with othvr limitations, which 1 cannot transcend. If the order of civil society in which I am placet imposes on me an

obligation to refrain from acting on the aff lira of i others; if I cannot break that obligation without I destroying the principle of it beneficent govern ment and overturning the foundations of proper ' ty; it I ci-.nnot u.-e means which I nin tempted to employ, without danger or unspeikable wrung; or if the utter inefficacy of those means is app. rent to me and to 11 men what is mv duty to Him who sets the moral bounds of all my actions? It is to use those means, and those only, agaiust which he h is raise! no such gigantic and insuperable moral oi.stacles. That any valuable military allies can be found among the negroes of the South; ; tliat any description of Government custody or fh irge of them can become more th hi a change of masters, and that anything but weakness to the national cause results Irom pro jects that look to the acquisition of national power over their condition, are truths am which the public mind appears to be rapidly approaching a settle conviction. Applause I add one word more upon this tonic; and I do it lor the purpose of saying in the presence of this community that any project for arming the blacks against their masters deserves the indig mint rebuke ot every Christian iu the land. Cheers and hisse-. When the dependents of those whom Chatham piotected against miaisierial employment of the Indian scalping knife so forgot the civilization of the age and their own manhood as to sanction a grcder atrocity, we in i v hang our heads in shame belore the nations of the earth. But there is another aspect of this matter, which it would be entirely wrong to overlook. Ttie great army which h is rallied with such ex traordinary vigor and alacrity to the defense of the Union and the preservation of the Consiitution which has endured so much, and has exhibited such heroic qualities is not a standing army of lined mercenaries. It is an army ol volunteers, of citizen soldiers who have left their homes and entered the service ot their country, for a special purtiose which they distinctly understand. Permit me to say that you arc bound to remember this: or, rather let me cast aside the language of exhortatio.i, and assert, iu your name, that you temembcr it. with pride uu! ex ult.itiou. The purpose lor w hich these men w ere asked to enter the public service was (he piotection of the existing Union and the existing Constitution from attempts to overthrow or change them by organized violence; and that purpose is the most important element in their relation to the Government. No other army in the world ever entered the sen ice of any power, wiih an understanding so distinct, so peculiar, so circumscribed in re.-pect to the ol jects for which it was to be used; so directly addiessel to the moral seu-e and intelligent judgment of intelligent men I can not doubt that 1 speak the sentiments of nine men out of every ten in this community, w hen I s iy that to change that purpose, and to use that army for any other end than the delense of the Constitution as it is, and the restoration of the Union of our forefathers, would be a violation of the public faith. Applause It is now proposed to enl.irge that army by a further call for volunteers. Let them come forth making no conditions with the Government applause; for ihe Government h is made its own conditions, and his m ule them in accordance with the letter and the spirit of the Constitution. The purposes and obje ts oi the war, as declatel at the beginning, can never be changed, unless the peop'e shall be so untrue to themselves as to compel a change; and when they do that, they will be themselves responsible tor the defeat of their own hopes. There is yet another topic, on which, as it seems lo me, we ought carefully and soberly to reflect. I mean the history of opinion concerning the nature of the Union, and the cauäes which from lime to time haveprodueel disorgan ized doctrines respecting it. But let me ask you here not to misunderstand me. I rtek no occasion to fasten upon particular pers lis one or another measure of responsibility for what has occurrel; and, therefore, in pursuance of a ru!e which I have imposed on myself in the preparation of this discourse, the mi Tie or designation of no living man in the North or the South, will piss my lips this day. Applause Whoever is well acquainted with the political history of this country since the adoption of the Feleial Constitution, musi know that theie h ive been developed at various times certain strange opinions concerning the nature of the Federal Union, the foundation of its authority and the character of the obligations which we owe to it. In genera! the people of the United States have been content to rest upon that theory respecting their Government, which has always prevailed in its official administration in whatev er h inds that administration has been lodged; this theu v being that the central Government holds certain direct and sovereign but special powers over the whole peiple, cedel to it by the voluntary grant of the peiple of each State. But a sense of injury in certain localities, springing from wrong supposed to have been committed or melitated by the ruling majority, or by those alio at the timeexer cisel the power of the majority, has not unfrequeutlv led men here as el.-ewhere to indulge in speculations and acts quite inconsistent with the only basis on which '.lie Government can be uiiid to have any real authority whatever. To enumerate all these occasions or to recite the intemperate conduct that has attended them in periods of great excitement, is unnecessary. But there is one ot tliein which may serve as n simple il lustration of all that 1 desire to say on this special topic. It is commonly said r.nd with much logical truth that the doctrines of nullification lead, by natural steps, to ihe doctrines of seessioii; and the late Mr. Calhoun, who is justly considered as the patron, if not the author, of tbe former, is also popularly regarded as the father of the latter. Hut it is important for us, in more aspects than one, to know that Mr. Calhoun did not contemplate or desire a dissolution of the Union. He adopted a doctrine respecting it which does in deed lead, when consistently foil owel out, to what is called the constitutional riuht of seces sion; but lie did not see this connection or intend the consequence. There is reason to believe that if Iiis confidential correspon lence during the times of nullification shall ever see the light, it will be found that he was a sincere lover of the Union, and was wholly unconscious that he was sowing in the minds of those who were to come after him seels that were to bear a fatal fruit. It was in his power at one lime to hav e arrestel the career of the nullifiers in South Carolina, for to tin in his word was law; and if he had so done, he would probably have been placed by his numerous, powerful and attached friends out of that State, in nomination at least for the highest office in the country. But what was it that led that subtle, acute, and generally logical intellect, to embrace a theory respecting the Constitution, which was cluely at variance witli the facts that attended its establish ment? The process was verv simple, witli a mind of a highly metaphysical and abstract turn. Mr Calhoun had persuade! himself, contrary to an earlier opinion, that a protective tariff was an unconst tetional exercise of power by the Genend Government, eppressive to Sauth Carolina; and he cast about for a remedy. He saw no relief against this fancied wrong, likely to come from a majority of Congress, sod Hie peiple of the Union; and reasoning from the premises that the Constitution is a compact between sovereign States, an infraction of which the parties can re dress for themselves when all other remedy fails, he reached the astounding conclusion that the operition of sn act of Congress may be arrestel in any State, by a State ordinance, when that State deems such an act an unconstitutional ex

ercise of power. But he aiwavs mainlaicel that th is was a remedy within the Union, and not an act of revolution, or violence, or secession. This memorable example ot the mode in which opinion respecting the nature of our Union is affected, is lull of insurrection at the present time. But, let no one misunderstand or misrepresent the lesson that I draw from it; and, that no one may have an excu.-e for so doing, let me be as frank snd explicit as my temporary tela ion to this audience demands. I do not say that the course and result of the late Presidential ele.-tion furnishes the least justification or excuse for what the South has done. 1 have never believed that any circumstances of a constitutional elec tion, c u!d of themselves afford a justification to any State, or any number of State, in with drawing from the Union. Neither do I say, or believe, that any condition of opinion respecting . right lo withdraw, can afford the sli-hest apology for that conduct on the part of individuals, iu or out of the Government, in respect to w hich there must always remain iu every sound mind a great residuum of moral condemnation. Neither do 1 doubt at all the existeuce or a long cherished purpose on the part of some Southern political men, to seize the first pretext lor breaking up the Union of these Slates. Applause But, my fellow citizens, it does not appear to me and there is practical importance in the inquiry, in relerence to a future restoration of ttie Union that we ought solerly to consider, w hether any mere conspiracy of politicians could have found a willing people, if causes had not long beeu in operation, which have promoted the growth of doctrines and feelings about the nature and benefits of the Union lata! to its preseut dominion over their minds and heirts. What has bn going on here in the North during the last twenty or twenty five years? We have had a faction, or seel, or party call it what you will constantly increasing, constantly be coming more and more an element in our politics, which lias made, not covert and seciet, but open and undisgui.-ed war upon the Constitution, its authority, its law, and the ministers of its law, because its founders, for wise and necessary purposes, threw the shield of its protection over the institutions of the South. If there is a disorganizing doctrine, or one diametrically hostile to the supremacy of the Constitution, which that faction has no: held . inculcated snd endeavored to introduce it'to public action, I know not where in the whole armory of disunion to look for it. Applause They never cared whether the Constitution was a compact between independent States, or an instrument ot sovereign government resting on the voluntary grant and stipulation of the people ot each State. Destroy it, tliey saiii; destroy it! for, be it one thing or another, it contains that on which the heavens cry out and against which m Mi ought to rebel. And so they went on doing their utmost to undermine all re spect tor its obligations, and to render of no kind of importance the foundations on which its authority re.- i. The more that public men in the North, Irom weikness, or ambition, or for the sake of party success, assimilated their opinions to the opinions of this fiction, the more it became certain that the true ascendancy and supie macy of the Constitution could never be regained without some enormous exertion of popular energy, following some newly -enlightened condition of the popular understanding. When the country was brought to the sharp and sudden necessity of vindicating the nature and authority of the Union, there was througiiout the North a general popular ignorance of its real character, and a wide spread infidelity to some of its important obligations. What his been going on in the South during the same period? On this point there is much to be leime! by those who seek the truth. If you will investigate the facts, you will find thai no such opinion as a right of secession had any general acceptance in ttie South. Nu general support was given in the South ty the conduct of S n.th Carolina in the matter of nullification. Very few southern statesmen or politicians of eminence, not beloniring to that State, followed Mr. C.ilhou.i and Mr. H tyue; and when the great dcbite on the nature of tlie Constitution was closed, the general mind of the South was satistiel with the result. How i3 it now? The simple truth is. that secession understood by Southern politicians as a right resulting from ihe nature of the Union is a growth of the lost twenty the years; and it has become the prevalent political faith with the most active of the elucated men of the South who have come into public life during this period. It is my belief, foiindel on what 1 have had occasion to know, that the' great body of Southern opinion respecting the Constitution, its nature, its obligations and its historical basis, has undergone a complete revolution since ihe year 1835. What Mr. Calhoun never contemplated as a remedy against supposed unconstitutional legislation, has become familiar to men's mind as a remedy against that which was striking deeper than legislation; which might never take the form of Congressional action, but was constantly taking every form of popular agitition; which might never become the tangible and responsible doctrine of administration, but was yet all the more foi mi i ible and irritating because it lay couched in an irresponsible popultr sentiment, fomented by a p als which were designed to depriv e constitutional ties and obligations of their binding moral force. Applause Are we told that these things do not stand in any relation of cause and effect? Are we so simple, so uninstructed in what influences the gre it movements of the human mind, that we can not see how intellect and passion aud interest may be affected by what passes before our eyes? Must I wait until the whole fabric of free constitutional government is pulled down about my head, and I am buriel beneath its ruins, before I cry out in its defense? Must 1 postpone all judgment re specting the causes of its disintegration until it has gone down in the ashes of civil war, and history lias written the epitaph over the noblest coin monwealth that the world has seen? I le rthat there is a too prevalent disposition to surrender otnselves as passive instruments into the h inds of late too much of abandonment to the current of mere events too great a practical denial of our own capacity to save our country by a in. inly assertion of the moral laws on which its preservation depends. Cm it be that we are losing our faith iu that Ruler who has made the safety of nations to dejiend on something more than physical and material strength, who has given us moral wer over our own condition and has surrounded us with countless moral weapons for its defense? Applause It is marvellous through what a course of instruction, through what discipline of suffering and calamity, the peiple of this country have had to pass, in order fully to comprehend the tiuth that the nituic of their government depends upon sound deluction irom a series of historical facts: and that it must, therefore, be tiefende! by consistent popular action. It is now somewhat more than thirty years since D.iuiel Webster, (app.) combining in himself more capacities for such a task than had ever been given to any other American statesman, demonstrated that our national Government can have no secure operation whatever, unless the obviously true and simple deduction from the facts of its origin is acceptel as the bisis of its authority. You know what he t -light. You know that he proved if ever mortal intellect proved a raorai proposition that in the exercise of its constitutional powers the national Government is supreme, because every inhabitant of every State has covenanted with everv other inhabitant of evry other State 'hat it srfill ne so; that even when the national Licislattire is supposed to have overstepped its consti union il limits, no Slate interposition, no State legislation, can afford lawful remely or relief; and that all adverse State action, whether called by the name of Nullification, or bv any other

mime, is unlaw I til resistance. We are glad enough now to re-t upon his great name; we march proudly under his imposing banner to en counter the hosts of "constitutional secession." But how was it with us, even before he was laid in that uupretending tomb, which rises iu the scene that he loved so well, and overlooks the sounding sea, by the music jf whose billows he went to Iiis earthly rest? Did we follow in his footsteps? Did we requite his unequalled civil services? Did we cherish the great doctrine that he taught us, as the palladium of a government which must perish if that doctrine losesJts preeminence in the national mind? How long or how well did we preserve the recollection of his teachings, when our local interests and feelings wete arrayed against the action of the Felerd Power? I will not open that record. I would to heaven that it were blotted out forever. But I cannot stand here this day and be guilty of any thing so unfaithful to my country, as to admit that under a government whose authority can live only when sustained by popular reverence for its sanctions aud popular belief in its foundations, opinion in the South has not been affected by what has transpired in the North. Applause I have endeavored to state, with fairness aud precision, the principle on which the American Union was founded, and to show that its preservation depends upon keeping the National and the State sovereignties each within the proper limits of its appropriate sphere. I am aware that the opinion hus been formed to a great extent in foreign countries and in the South, and by some among us, that this principle is no longer practicable; thai the Union of free and slave Slates in the same nation has become an exploded experiment; and that our interests are so incompatible that a reconstruction, on the old basis at least, ought uot to be attempted. We should probably

corty is necessary, inherent, and inevitable. But there is not euoUL'li to iust'fv the Lreakintr ur, of n h aUuioti.it the supposed incompatibility is but the result of causes which we can reach, or if it : .TP . c r - - - I arises from sn unfaithful compliance with the terms ot our association, w e can make such an association no longer practicable if we choose to do so. We can prevent it from becoming impracticable if wt are so resolved. If the free Slates, as one section, and the slave States, as another, will not respect their mutual obligations, then there is an end of the usefulness of nil effort. If we, of the North, will not religiously and honestly respect the constitutional right of every Suite o maiutaiu just such domestic institutions as it pleases to luve, and protect that right from every species of direct and indirect interference, then there is an absolute incompatibility. If they of the South will not as honestly ard religiously maintain the right of the Federal Union to regulate those sub jects and interests which are committed to it by the Constitution, then there is, in like manner, an incompatibility of precisely the Mine nature. If the parties, in reference to the common domains, will admit of no compromise or concession, but each insists on applying to them its own poli.y as a national policy, then the incompatibility is us complete from that cause as it is from the others. The difficulty is not in the principle of the association, fur nothing can be clearer than that principle; and when it has been honorably adhered to. no Government iu the world has workel more successfully. But the difficulty has arisen Irorn disturbing causes that have dislocated the mai chine; and what we have now to ascertain is, ; whether the PtopLi. on both sides will treat those causes as temporary, and remove them, or will j accept them as inevitable and incurable, and thus ' make the separation final and conclusive. In the gloomy conception of the old Grecian ! traget! v, no room was left bv the noets for the I moral energies of man, there was no force in hu1 man innocence or virtue. Higher than Jnpiter, I higher than the heavens, in infinite distance, in i infinite indiffei euce to the fortunes of men or j gods, sate ihe mysterious and eternal power of destin v. Belore time was, its decrees were made; I and alien the universe begun, that awful chan- ' eery was closed. No sweet interceding saints j could enter there, translated from the earth to , plead for mankind. No angels from love ami j mercy cmie from human abodes, to bring tidings ! of their state. No mediator, once a sufferer in ' the flesh, stood there to atone for human sin. ' The wail of a nation in its agony, or the cry i that went up from a breaking human heart, might ! pierce into tiie endless realms of space, might i cali on the elements for sympathy, but no answer I and no relief could come. He who was preirj d. lined to suffer, through whatever agency, sutler ei and sank, with no consolation but the thought i tnat all the deities, celestial and internal, were alike subject to the same power. Are we, too, driven by some relentless force, j that annihilates our own fiee wills and dethrones ! Him who is supreme? Are we cast helpless and ! dulling, like leaves that fall VfNM the rushing : stream? Must we give way to blank desair? ' No, no, no! There are duties to be done to be I done by us; for whatever may be the result of ! this mighty array of army against army what j ever may be the effect of victories thai have or ! shall be won w hatever ate to be our future re ' latious with the people of the South, the time is ' coming v. hen we and they, face to face, and in ' the eve ol an all seeing God. must determine how ' we will live side by side as the children of one ', eternal Parent. Appliuse For that approachI ing day, aud for the sake ot a restoration of that ! which arms alone can not conquer, let me imj plore you to make some fit and adequate preparation of instruments and agents and means anO iutluences: Trust to tbe humanizing effecs of a new and better intercourse. Trust to the laws of inture which have poured through this vast continent the mighty streams that bind us in the indissoluble ties of commerce. Trust in that charity the follower und the handmaid of Commerce which clothes the naked and feeds the hungry and forgives the erring Trust in the force of kindred biood, which leaps to rec onciliation when the storms of passion are sunk to rest. Trust iu that divine law of love, which has more power over the human soul than all the terror.- of the dungeon or the gibbet. Trust iu the influence over your own hearts aud the hearts of others, of that religion which was sent as the messenger of peace on earth, good will to men. Trust in the wi.-e. beneficent, impartial and neutral spirit of your Fathers, who gave tranquility, prosperity and happiness to the whole laud i Trust in God. and you may yei see your national ' emblem, not as the emblem of victory, but as the I sign of a reunited American people, floating in the breath of a merciful heaven, and more radiI ant with the glory ot its restored constellation, than with all the triumphs it has won, or can lever win, over a foreign foe. Long continued itppiau-e. j LECAL. CITATB OF INDI ANA, kUBJOlf COt NTY. SS: In the Court of Common Uf-as of Marion county, in the State of Indiana, October Term, A. D. HC'i. Joiah Chaini ber, l.evi C. Steven. Francis Wyniand, Theodore Shot- ; well, and John Niswanger vs. J. J. Stevenson. Be it known, That on this I4th day of June, in the i year 1S6-', the above named plaintiffs, by their attorneys, tiled iu the office of theClerk of the Court ofl'ommon I'leas i their cumplaiut of umi'Tpleader against said defendant j in the above entitled cause together with an affidavit of a competent per-oii,that said defendant, J. J. SteveDsoD.is not a resident of the State of Indiana. Said defendant is therefore, hereby notified of the filing and pendency of said compU.int againt him. and that unless he appear and answer or demur thereto, at the calling of said cause on the second day of the next Term of said Court, to tie bejrun and held at the Court-house, in the city of Indianapolis on the tir-t Monday in October next, said complaint, and the matters and thiujrü therein contained and alleged, will be heard and determined in his absence. WILLIAM WALLACE. Clerk. By W. C. SMIlCK. Deputy Clrk. William Henderson and Necomb t Tarkington. Attorney for Plaintiffs. je23-w3w STATE OF INDIANA, MAUION COCNTT, SS: In the Court of Common I'leas of Marim county, in the I State of Indiana, October term, A. D 1M62. Edmund i Burke arid Tliom.is P.arnes vs. J.icob S. Pratt. Be is known, That on ihi 28th dny or June, in the year 1862, the above named plaintiffs by their attorney filed in the office of the Clerk "f iheCourt of Comm n Fleas iheir complaint agaiu-t said defendant, in tbe above enti-tledcait-e, to ther with au affidavit of a competent person that said d-fendant, Jacob S. Pratt, is not a resident of the State of Indiana. Said defendant is, therefore, hereby notified of the filing and pendency of said complaint against him, and that unless he appear and answer or demur therein, at the calling of said cause on the second day of tbe next ! 1,-rm .f said Court, tobe begun and held at the Cour llouse, in the city of Indianapolis, on the first Monday j in Octobernext, said complaint, and ihe matters and things therein contained and alleged, will be heard and determined in his absence. WM. WALLACE, Clerk. By W. C. SMOCK, Deputy Wm. Henderson. Attorney for Plaintiff. jy7-3w INSURANCE. Indiana Fire Insurance Co., INDIANAPOLIS, INDIANA, Office Jo. a Odd Fellows' Mall. INSURES Dwellings, Household rumiture, Barns, Hay, Grain and Live Stock therein. AaM Churches, School I House and other detached property attainst loss and I damcge by Fiaa and Lightmxg, for the term of five or ' seven year. ruBECToaa. J. S. Harvev. Indianapolis, E. D. Marh Indianapolis. ' William C. Lupton, " D. N. Heath, Greencustle. Frederick Ba?gs, " James Burgess, Danville. William T. Gibson, Indianapolis. 'H .m us ; J. S nantr. President. Far.itBic: Bacon. Treasurer j Wm.C. Lcrrojt, Vice Pre't. Wm. T. Gissox, Secrc ary. maw. uium.iu SINKINC FUND NOTICE. T HE Act of March 9th. 161, give to Borrower of the Sinkii g Fund the privejre of pav ing their Loan bv annual installments of one-fifth of the principal. commencing in 1863, on the day when interest falls due ujion the respective Mortgages, with the proviso, however. ' That interest b annually j nut in adtance, and at the appropriate time." The officers of the Fund are dispoed to give all indulgence to Borrower, compatible with tbeir duiie as enj ined by law; but they cannot disregard the positive provi-ion of the statute. I bton to tbe Sinking Fund will therefore appreciate the importance of paying the interest on their Loans a soon a it i due H. C. NEWCOMB, President July 1, 1862. dlt3t NOTICE. Two Horses Strayed or Stolen. STRAYKD OR STOLEN from the subscriber, on Davidson street, between Mi -liuan and North streets, fn Indianapolis, on the 16th of June, two Hones and a Colt. One of the horse f an iron gray, spoiled on his neck nd bead with red spots, about 7 years old. 10 handshigh, shod before. The other is a dark bay. about the same age, ixe ami hight. and walk a little stiff, I think has no white on him, ot shod. The colt is a mare, a year old pat, and light bay. A liberal reward will be paid to any person who will return the horses or give information that will lead to their recovery. JyS-dliwl C. F. WlSflMIKR. SCHOOL BOOKS. All Hind OF SCHOOL BOOKS, PAPER. &C..& rt M IN SMALL OR LARGE QUANTITIES, AtBOWEN. STEWART k CO'S.

all concede that this view of the suhje rect. if we llieved that the incompal

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