Chas. Fran is Adams' Chas. Francis Adams' but, when they carve out of | to the other condition, is it any the vast area of Texas five more reasonable? Are we goStates, and out of New ing to fight because we cannot Mexico three, with the prospect of "acquir- agree upon the mode of disposing of our neighbors' ing” the adjoining Mexican States of Sonora, lands? Are we to break up the Union of these States, cemented by so many years of common sufferings, Chihuahua, Coahuila, New Leon, and Old and resplendent with so many years of common California, the assumption contained in the glory, because it is insisted that we should incorpothird clause of complaint, it became conclurate into what we now regard as the charter of our sive, was put forward to arouse hateful pas- freedom a proclamation to the civilized world that sions and feelings by imaginary causes, though we intend to grasp the territory of other nations for apparent purposes. wherever we can do it, for the purpose of putting into it certain institutions which some of us disapprove, and that, too, whether the people inhabiting that territory themselves approve of it or not? The speaker then reviewed the questions at issue in their entirety. His statement gives the correct presentation of the subject, so far as we may judge after having carefully and critically canvassed the whole ground covered by the debates in Congress, and by the State papers put forth by the Seceding States. Though but a comparatively brief period has elapsed since their utterance, so rapidly do events work out results in Republican Governments, that the historian finds the ultimate in the secession argument already awaiting his record. We find the view taken by the Massachusetts member to be corroborated by the proceedings which followed, and may, therefore, reproduce his statements, as embodying the relation from which to form a correct opinion as to the justice or injustice of the rebellion : "Why, then, is it that harmony is not restored? The answer is, that you are not satisfied with this settlement, however complete. You must have some guarantees in the Constitution; you must make the protection and extension of Slavery in the Territories now existing, and hereafter to be acquired; a cardinal doctrine of our great charter. Without that, you are determined to dissolve the Union. How stands the case, then? We offer to settle the question finally, in all of the present territory that you claim, by giving you every chance of establishing Slavery that you have any right to require of us. You decline to take the offer, because you fear it will do you no good. Slavery will not go there. But if that be true, what is the use of asking for the protection anyhow, much less in the Constitution? Why require protection where you will have nothing to protect? All you appear to desire it for is New Mexico. Nothing else is left. You will not accept New Mexico, because ten years of experience has proved to you that protection has been of no use thus far. But if so, how can you expect that it will be of much more use hereafter, and to make it worth dissolving the Union about? But if we pass "I am almost inclined to believe that they who first did it must have done so for the sake of presenting a condition which they knew beforehand must be rejected, or which, if accepted, must humiliate us in the dust forever. In point of fact, this proposal covers no question of immediate moment which may not, be settled by another and less obnoxious It was because you rejected Mr. Adams, considering the dangers threatening, did not regard coercion for simple secession as wise or necessary. He thought the twenty remaining States, with new States soon to be added, quite enough to perpetuate the Government and to secure its great ascendency. But, the case was changed if acts of violence towards the Federal Government compelled it, in self-defence, to take up arms. He said: "If there be violent and wanton attacks upon the persons or the property of the citizens of the United THE GEORGIA BILL OF RIGHTS. 329 Chas. Francis Adams' Exposition. States, or of their Government, | tal, no additional arguments or circumstances If any interruptions should be attempted of the regu- not deny the obligation of this Government to afford it. There are many persons in many of the States whose patriotic declarations and honorable pledges of support of the Union may bring down upon them more than the ill-will of their infatuated fellow-citizens. It would be impossible for the people of the United States to look upon any proscription of them with indifference." This chapter presents such an exposition of the entire question of secession, that a person far removed from society, having no informa-" the chief corner-stone of the new edifice." tion of the events of the year, would be able to obtain a correct knowledge of the relative position of the contestants, and to form a correct opinion on the merits of the case at the date under consideration, February 1st. The status of the issue was not changed by succeeding events. Though the revolution went on, accelerating in strength and force to the final issue of a direct assault upon the Federal Government, and a march upon its Capi Had they succeeded in their designs, Tyranny would have rejoiced, for the "great experiment" would have proven a failure. It is to be written not only in the cause of America, but in the cause of Human Progress, that they failed. That the Capitol dome is not surmounted by a Slave, with manacled hands uplifted to Heaven, is due to the integrity of the Loyal Men of '61. CHAPTER XXII. NEW THE GEORGIA BILL OF RIGHTS. SEIZURE OF GEORGIA ARMS IN YORK. REPRISALS BY GOVERNOR BROWN. NORTHERN DISTRESSING MONETARY CONDITION OF THE SOUTH. OUTRAGES COMMITTED ON NORTHERN PERSONS AND PROPERTY. A DARK RECORD. CUPIDITY. The Georgia Bill of THE near approach of the Montgomery | "The fundamental principles Convention of Delegates, to form a Central of the Government cannot be Government, rendered the action of the Seced- too well understood, or too often ed States, after their secession, of subordinate recurred to; hence we delare this Bill of Rights. "All Government derives its authority from the importance. Among minor matters may be mentioned the Georgia Bill of Rights, intro-annul the same, whenever their safety or happiness consent of the governed, who may modify, alter, or duced to that State's Convention evidently as its "instructions" to its delegates to the Montgomery Convention. It read as follows: requires it. No Government should be changed for slight or transient causes, nor unless upon reasona ble assurance that a better will be established. " The writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. "A well-regulated militia being necessary to the security of a Free State, the right of the people to keep and bear arms shall not be infringed. "The prevalence of the Christian religion among the people, and the basis of Christian principles underlying the laws, 'entitle this State to be ranked among the Christian nations of the earth, and these principles are independent of all political organization; no religious test shall ever be required for the tenure of any office, and no religious establishment allowed, and no citizen shall be deprived of any right or privilege by reason of his religious belief. "Freedom of thought and opinion, freedom of speech and freedom of the press, are inherent elements of political liberty. But while every citizen may freely speak, write, and print on any subject, he shall be responsible for the abuse of the liberty. Legislative acts in violation of the fundamental law are void, and the Judiciary shall so deciare them. "Ex post facto laws, or laws impairing the obliga tion of contracts, or retroactive legislation, affecting the rights of the citizen, are prohibited. "Laws should have a general operation; and no general law be varied in a particular case by special legislation, except upon notice to all persons to be affected thereby. "The right of taxation can be granted only by the people, and should be exercised by their agents in government only for the legitimate purposes of gov ernment. "In cases of necessity, private ways may be grant ed, upon just compensation being first paid; and, with this exception, private property shall not be taken except for public use, and then only upon just com pensation. Such compensation, except in cases of pressing necessity, should be first provided and paid. "The right of the people to be secure in their persons, houses, papers, and effects, against unrea sonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place or places to be searched, and the persons or things to be seized. "Extreme necessity only should justify the declaration of martial law. “Large standing armies in times of peace are dan "Every person charged with an offence against gerous to liberty. the laws of the State shall have "1. The privilege and benefit of counsel; "2. Shall be furnished, on demand, with a copy of the accusation and a list of the witnesses against him; "3. Shall have the compulsory process of the Court to obtain the attendance of his own witnesses; "4. Shall be confronted with the witnesses testifying against him; and, "5. Shall have a public and speedy trial by an impartial jury. "No person shall be put in jeopardy of life or liberty more than once for the same offence. "No conviction shall work corruption of blood or general forfeiture of estate. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. "No soldiers shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law. "Titles of nobility are inconsistent with republican equality; and civil honors should come by merit, and not by inheritance. "All powers not delegated to the Government expressly, or by necessary implication, are reserved to the people of the State; and, in all doubtful cases, the denial of the grant is the ground safest for the liberty of the people. "The enumeration of rights herein contained shall not be construed to deny to the people any inherent right which they have hitherto enjoyed." The seizure of arms, in New York, supposed to belong to the State of Georgia, at THE SEIZURE OF NEW YORK VESSELS. 831 The Seizure of Arms in New York. one time greatly excited the public mind. The counter-seizure, by Governor Brown, of Northern vessels in the harbor of Savannah, was a retaliation which so immediately affected the commercial community of the great metropolis, that a great storm of words followed the several acts. The facts of the case may thus be cited: On the 22d of January, drays containing muskets were observed unloading at the Savannah pier. The long boxes were immediately run on board the Savannah steamer, then in New York, ready to sail. The fact that immense quantities of arms, purchased of Northern importers and manufacturers, were going South by the Charleston and Savannah routes, as well as by the Adams Express, had become well known to the authorities, and the Police Superintendent resolved, after consultation with the Police Commissioners, to stop the shipments, if possible, by retention. Being informed, on the day named, of the large invoice going on board the steamer, he ordered a seizure. The officers took 38 cases, containing 670 muskets, which were conveyed to the Armory. This fact was immediately telegraphed to the Georgia authorities, when the following telegrams passed over the wires: "MILLEDGEVILLE, Jan. 24, 1861. "To his Honor, Mayor Wood: "Is it true that arms intended for and consigned to the State of Georgia have been seized by public authorities in New York? Your answer is important to us and to New York. Answer at once. "R. TOOMBS." "SAVANNAH, January 24th, 1861. "To Cromwell & Co.: The Seizure of New York Vessels. "The seizure of the arms from the Monticello' causes excitement here. Can you get them back? We fear retaliation." Twenty-eight of the cases were consigned to parties in Montgomery, Alabama, and contained 560 Minie rifles; ten cases were consigned to private individuals in Georgia. Demands were immediately made, by parties interested, for a release of the arms; but the Superintendent refused to make the return, except to the Sheriff, or by regular legal process. A writ was thereupon served, upon which the twenty-eight cases were delivered to the Deputy-Sheriff. process was served for the ten cases, and they remained, accordingly, in the Superintendent's possession. No Thus matters stood until February 9th, when a telegram announced the seizure, at Savannah, by order of Governor Brown, of the following Northern vessels: Barks, Adjuster, Murray, Kibby; brig, Golden Seas; schooner, Julia A. Hallock-all of which were taken as reprisals for the seized guns. The Governor-as in almost every instance of overt acts against the General Government by States and Conventions-" assumed the responsibility," acting without any authority whatever. January 7th, in his message to the Georgia Legislature, he had asked that certain powers of seizure be granted to him. He said: "Let us meet unjust aggression and unconsti Mayor Wood returned the following char- tutional State legislation with just retaliation. T acteristic reply: this end, I recommend the enactment of a law authorizing the Governor of this State, in case any citizen of this State shall in future be deprived of his slaves or other property, under the operation of the aggressive legislation of Massachusetts, to which I have referred, or of like legislation of any other State, or by neglect of any such State to fulfill her constitutional obligations to Georgia or her citizens, by delivering up to the owner, on demand, his slave which may have escaped into such State, to call out such military force as he may deem necessary for the purpose, and to seize such amount of the money or property of any citizen of such offending and faithless State, which may be found within the limits of this State, as may be amply sufficient fully to indemnify such citizen of this State, who may have been robbed of his property by the failure of such faithless State to discharge its constitutional obligations, and forthwith to notify the Governor of such State of the seizure. In case the Governor of such State shall fail, within thirty days from the time he receives such notice, to cause the property of our own citizen to be returned to him, or its full value paid to him, that it shall then be the duty of the Governor of this State to deliver such quantity of the property so seized to the injured citizen of this State as may be sufficient fully to indemnify him against all damages sustained by him." Governor Brown's Orders. The Legislature, however, refused to grant the required authority, and the Governor acted without it. The Governor's order for the act of reprisal was as follows: "EXECUTIVE DEPARTMENT, MILLedgeville, February 5, 1861. } "Colonel H. R. Jackson, A. D. C. : State. The demand has been delivered to him; he has had a reasonable time, and has made no reply. I am determined to protect the persons and property of the citizens of this State against all such lawless violence, at all hazards. In doing so, I will, if necessary, meet force by force. I feel it my duty in this case to order reprisals. You will, therefore, , direct Colonel Lawton to order out sufficient military force, and seize and hold, subject to my order, every ship now in the harbor of Savannah belonging to citizens of the State of New York. "When the property of which our citizens have been robbed is returned to them, the ships will be delivered to the citizens of New York who own them. merce, in effect levying tribute, and the declaration of the Montgomery Congress in opening the South. ern ports free to foreign commerce, John Cochrane, of New York, will call up on Monday, and press to a passage, the bill heretofore introduced by him, [see page 305,] providing for the thorough execution of the Federal Revenue laws, and for the protection of the commercial interests of the nation against flagitious attacks upon them by the Seceded States," The pressure brought to bear on Governor Brown, both from Montgomery and Washington, by the directing conspirators, induced an early release of the vessels. February 8th they were discharged from his Executive keeping, upon being informed, as he said, that the arms were restored, and "the honor of Georgia vindicated." But the fact was, the arms consigned to private parties in Alabama were delivered over to the Sheriff, Feb. 7th, as stated, while the Police held possession of the ten cases belonging to Georgia citizens for some days after the release of the vessels, and were finally released only upon proof of their being private property of citi zens who could not be proven disloyal. A second reprisal was made by Gov. Brown, which will be referred to hereafter. Northern Cupidity vers44 Patriotism. This seizure, and the excitement which grew out of it, called public attention to the fact that Northern manufacturers and dealers had heavy orders from all of the Southern States for arms of all kinds. States did not order direct, but accomplished their purpose through individuals; and thus, under the guise of "private property," swords, sabres, pistols, rifles, muskets, ammunition, military goods, and, in some instances, even field-pieces and This act of open assault on the property of heavy ordnance, all passed, in a steady loyal citizens of course created much excite- stream, from the North to the South. The ment in political as well as commercial cir- gold which should have been paid on debts cles, since it gave the Federal Administration over-due manufacturers and merchants in a just casus belli. Southern leaders were Northern cities, was used to purchase arms alarmed at the catastrophe which it threat- with which to resist the collection of those ened. As indicative of the course to be pur-debts; and the cupidity of the manufacturers sued, a dispatch from Washington announced, (Feb. 9th:) "I am, sir, your obedient servant, "JOSEPH E. BROWN." of, and dealers in, arms was such that, though they well knew the purposes of the great "By reason of the receipt of information to-day orders, a chronic love of money forbade them of the seizure of New York ships at Savannah, together with the recent action of the New Orleans Custom-house, in obstructing the interior com to say "nay" even to avowed traitors. These purchases, and the rich store providently placed, by Floyd, in the Southern arsenals for |