The North is vitally interested in the preservation of peace, in the preservation of her commerce, and other relations with the South. These relations cannot be broken up without great injury to the Northern people. My heart would rejoice if we could think alike upon these propositions, and adopt them with a degree of unanimity that would give them weight with the country.
I would not assail the motives of gentlemen. Doubtless there are men who honestly believe that such a proposition ought only to be considered in a General Convention. In my judgment such a Convention would be utterly useless. It would lead to endless discussion, which would not be conducted with the decorum that characterizes these proceedings. It would amount to nothing.
No, gentlemen, there is a better way than that. Let us have no General Convention, but let us induce Congress to submit our propositions at once to the people. In no other way, in my judgment, can we avoid the disunion that threatens us. In no other way can the country be saved in her present peril.
Mr. DAVIS, of North Carolina:—[2]
Mr. ORTH:—Mr. President, I have thus far avoided any participation in the general discussion of questions which have claimed the attention of this Conference. My purpose has been to give a calm and careful attention to whatever may be offered for our consideration; to hear with unbiassed judgment the grievances which are the subject of complaint, and to afford redress, if redress be necessary.
Virginia, rich in her patriotism of the past, rich in her historic treasures, has called upon her sisters to convene and consult with reference to the condition of the Union, and the matters which are supposed to threaten our future peace and welfare. Indiana heard and heeded that call. To her it was as the voice of a mother to her child. It was a voice which none of the States of the great Northwest—carved out of that vast domain which Virginia granted to the United States as the common property of all—could fail to hear with favor. If dangers threaten the common welfare, if the future peace of this land is to be disturbed, it was well for Virginia, as in other days of danger, to sound the alarm, and invite a general council. In pursuance of that call, Indiana is here, and here to listen. She feels conscious that she has by no act of hers infringed upon the rights of any of her sister States; that she has been faithful to her constitutional obligations—seeking for nothing but what was right, and ever ready to remedy any wrong. Occupying this position, her representatives on this floor would be derelict in their duty if they attempted to assume any other, or to pursue any course of action inconsistent therewith.
What, then, in all candor, are the grievances of some of our sister States, as presented by their delegated authority to this Conference? Nothing of a tangible nature calling for practical and definite action. A deliberative body ought not to act upon the fears or imaginations of those desiring such action. The mere election of President of the United States by the votes of the northern portion of this Union, affords no just ground of complaint. That election is valid, being in strict conformity with all the requirements of the Constitution. The peculiar notions or political opinions of that President cannot be the ground of a just complaint, so long as these opinions in their practical operations do not interfere with or contravene the provisions of that Constitution. The opinions and principles of the President elect, however obnoxious they may be to any portion of the people of this Union, are harmless so long as his political opponents have in their control the legislative and judicial departments of the Government. The question of slavery in the Territories, if ever any real cause of grievance to any portion of the Union, is in process of final settlement, and will be settled before the close of the present Congress in a manner acceptable to a large majority of the American people. What, then, is left? "Personal Liberty bills" in some of the States; and these are being repealed as rapidly as possible; and so far as practical results are concerned, they have been a dead letter on the statute books ever since their enactment.
The non-enforcement of the fugitive slave law. The history of the country since the year of its enactment clearly shows that no law among the national statutes has received more prompt and vigorous execution, notwithstanding its exceedingly odious features. Here, then, is the list of grievances, or I might more properly say supposed grievances; and for a failure to redress them, this Government is threatened with civil war. To justify this unnatural and diabolical resort to arms, the chimera of "State sovereignty" is invoked. And what is State sovereignty? The gentleman from North Carolina has endeavored to enforce this doctrine, and deduce from certain premises, the right of a State, when she feels herself aggrieved, to secede from her sister States, and assume an independent position and a separate nationality. The fallacy of the gentleman's position, in fact the fallacy of the doctrine of "State rights," and the deductions made therefrom by the school of politicians and statesmen to which the gentleman belongs, arises from confounding the terms State rights and State sovereignty, and using these as though they were convertible terms. The several States of this Union possess certain rights clearly defined, and known and understood by the reader of American political history. Subject to the restrictions of the national Constitution, they have the right to establish, regulate, and control their internal police and entire polity so far as it affects the persons and property subject to their jurisdiction; to regulate trade, commerce, contracts, marriage, the acquisition, possession, control, and disposal of real and personal property; also the assessing and collecting of taxes, and disbursement of the public revenue.
These are some of the main rights belonging to the States as such, but these do not in any just sense constitute sovereignty. The several States of the Union are not now and never have been sovereign States. They never possessed the right to declare war, to make peace, to coin money, to enter into treaty with nations, and none of them ever endeavored or attempted to exercise any such rights as these. These are attributes of sovereignty, as laid down by writers upon the laws of nations, and recognized as such by the civilized world. Examine the history of your several States, and tell me whether in any one of them any act or fact can be found which would entitle either of them at any time, past or present, to be recognized as sovereign independent nations?