Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1860-12-05


pie, has Deen demoished and II would be di1hcult,
-iI not impossible, TO replace it.
The only acts Of congress on the statute book
bearing upon this subject are those of tie 18th Feb
ruary, 100, ami 81 March, 1907. These authorize
the president. aier lie shall have ascertaiued that
the marshal, with his posse cOmIaus, Is unable to
execute civil or criminal process in any particular
case, to call forth the militia aud employ the army
and navy TO an him in performing this service, hay
lug first by proclamation commanded the insurgents
10 uisIerse ana retire peaceably to their e,pecjiye
abodes, within limited time" This duty cannot
D{ possibility be performed in state where no ju-
dical authaTlty exists TO issue process and where
there Is no marshal 10 execute H. anu where even
II there were such AN officer, the entire population
would constitute one solid combination TO resist
him.
The bare enumeration of these provisions proves
now inadequate they without further legislation
10 overcome united opposition in single state,
NOT 10 speak OF other states who may place them
selves III similar attitude. Congress alone has
power to decide whether the present laws can or
cannot be amended TO carry out more etiectu-
ally tlle objects OF the constitution.
The same lnsupeIabe obstacles do not lie in the
way OF executing the laws Tor the collection OF the
customs The revenue sill continues be collect
eu as heretofore at the custom house al Charles
tom and should tile collector unfortunately re-
duty. ''-''
Then. in regard TO the property of the United
States i'll South Carolina This has been purchased
Tor alr equivalent, by the consent OF the legsla-
lure OF the state, nor The erection OF forts ga
zines, arsenals, SC. and over these the authority
10 exercise exclusive legislation has been ex
pIttSil granted Dy The constitution CONGRESS
IL Is not believed that any attempt will be made
to eNpel the United States from this property by
force; but II III this should prove 10 be mistaken
The Oiheer i'll command OF the forts has received
orders TO act strictly upon the defensive In such
contingency, the responsibility ior CONSEQUENCES
would nghiluly rest upon the heads OF the assail-
ants.
Apart from the execution of the laws. so far as
tins may be practicable, the executive has no author
ty 10 decide what shall be the relations between the
federal government and South Carolina. lie has
been Invested with no such discretion. He possesses
no power TO change the relations between Them
much less to acknowledge the independence OF that
state IhlS would be to invest Il mere executive
officer with the power to recognize the dissolution
OF the conlederacy among tiiry-hree sovereign
states II bears no resemblance to the recognitiOn
vi IorelSn ue Iacto government inv diving no such
responsibility. Any attempt TO do that would on
ms part, DC naked act OF usurpation Ii is there
lore III! uuty 10 submit TO congress the whole ques-
ton III all Its bearings. The course of events is so
rapidly fastening forward, that the emergency NAV
soon arrive, when you may be called upon to decide
the uOmentOus question whether you possess the
power ny force OF arms to compel a state to remain
III the Union. l should feel myself recIeant to INV
uu'y were MOTTO express an opinion this impor-
tant subject.
The question fairly stated is Has the constitution
delegated to congress the power to coerce n state
INTO submission which is attempting to withdraw or
has actually withdrawn from the couiederacy! If
answered III the affirmative it must be on the prin
clpie that the power has been conferred upon con-
glesS 10 declare and to make war against Il state
AFTER much serious rejection have arrived at the
conclusion tllat 10 such power has been delegated
10 congress or 10 any other department of the fed
eral government. Ii is manifest upon an iuspcetiOu
OF tine constitution, that this is not among te sue-
cine ana enumel ated powers granted to congless;
ana Ii Is equally apparent that It's exercise IS not
necessary ana proper Tor carrying into execution"
any one oil THESE powers. SO lar from this power
having been delegated 10 congress, it was expressly
refused by The convention which framed the consti-
tuition,
apDears from tho proceedings that body that on
the g1st OF May, FS7, the clause authorizing
etuoll OF Inc force OF the whole against delinquent
state, came up Tor consideration MI Madison uppus-
eu IL IA bei buI powerful speech, from which shall
eA tiaCl D Siust sentence lie observe; The
OF force against STATE, would LOOK more ike dcclara-
non OF war than any nlicti1n OF punishment ami would
PVoHo &c culslueleu nf the aity attacked as disco
inIlon 1 all previous oompacts, BY which it might lie
bound" Upon his notion the clause was UNANIMOUSLY
Soon afterwards ON the Sth vi ue lI57, wien inc dent
for the Tn Ted states, un tue supposed praccAs
Dy OF using force against the tiuai proceed.
cious as the government s"-evidently mean.
ing the then existing congress OF the old CONGREGATION
variance with thc whole - irit N, a. Stv = at
pose such war shoud result in the conqGestoi state
now are we 10 govern afterwards. Slail II BY
Hesp tic powcrE la the nature things we could not
bH physical force, control the will the people, and
compel Them te eject senators ana representatives. to
congress perform all Tie other dutcs depending
up their own vOUn and repaired from the free cit
zens OF lee state as consistent member Ui the
Butt we possessed this power, would it be wise to
exercise 1t under existing circumstances he object
Mouu doubtless DC to preserve the union. War would
not only present the means Of destrJ, ing
IT. but would banish all hope u its peuccable rccoI.
structiUn. besides, iraternal conflict a vast
amount Of blood and would be expended rel-
derng future reconciliation between the STATES pussi-
PIE ~ me meantime, who can iOrte What would be
me suheiss ana prvalions OF the people curing its
The fact is that Union rests upon public opinion
ami can never be ccmencd by the blood OF its ctzcus
pie must one day perish Congress possess many
OF preserving 1t by eunciat on; bat the sword
But may be permitted snlennly to invoke my coun-
trymen 10 pause ANA deliberate before they to
has hppt
dedicated 10 human freedom since the wurlu began: 1t
mas been cUsec aed ny the blood Ut fathers by the
eloreS Of the past and by hopes the future The
mon mas alre dy made as the most prosperous nd,
long, WILL ii preserved render us the most powerful ma
ton On the lace of the earth In every tOreI region of
the globe The title OF American citizen Is held in the high
est respect, ana when pronounced i'll foreign lana it
causes the hearts OF our country to swell wIs honest
pride surely when We reach the brink OF the yawnhig
plunge BY such drcaI catastrophe the hopes OF The
Hlehds ol freedom throughout The world would be
sIot 60 anu long night Ui leaden iespOtlsm would en-
STROUD the nations. Oar example for than eighty
years would not only be lost, would be quoted
eoelusNe PROOF that man Is unit for self government
II Is not every wrOng-nay, it is not every guevOus
Mrohs-whch can usly resort 10 such fearful alter
native This ought 10 be the last desperate remedy
despalring people after every O,hcr means
mat under thus free government there is ncessaut cub
ana now OF public opinion. lie slavery question: like
everything human will have its uay. | firmly believe
That 1t s already reached aud passed the eliminating
point Bat H. IN the midst OF the existing excitement,
the Union shall perish, the evil may become IRE
parable Congress contribute much to avert it by
proposing ana recommending 10 the iel satures the
several states the remedy existing evils, which the
constitution has itself provided Tor its own preservation
This has been tried different critical periods in our
history, and always with eminent success II is to be
found III Tie NTH article providing its amend
meat lhHer thls article amendments have been pro-
posed by thirds Of both hUues OF Congress and have
been ratified by the legislatures Of three tUurtis
several states ana nave consequently become parts of
constitution 70 this process the country is indebted for
inc clause proiolims Congress from passing any law
SsPeCtue an established religion or aDtdSng the free
lom VI speech or Of the press VI the right uf petition
To this we are, also deuted the Bill Of Rights,
which secures the people against any abuse uI
power by the federal government Su n we're the pre-
heHsions justly entertained by the friends rights
at that period, rs to NAV crendetcd extremely doubtful
whether the constitution could have long Win
out these amendments.
A.an, the constitution was amended nv tho sarne nr,
cess after the election OF rIesident Jefferson by II
mouse o. repressatves'in February, 1898 Ihis amend
cht was eueIeu necessary TO prevent recurrence of
the dasers which had seriously threatened the eN is
ence Of the government during the pendcHcy OF that
eleeu9N' nc alticIe or lts own amendment i'll
tended to secure the smcaUle All ustncn OF conflicting
constitutional questions like the present, which might
IL t tite suf'rilIhehls OF Tue states ana that Of
INC United states, Ibis appears from cOntCmpuraneous
10 lew sentences IN SIR Aadiscns Justly celebrated re-
port in 1879 TO the legislature Virginia. In this lie
preceding legislature against the structures OF several
other state legislatures these mainly founded
the prot st VI the Virginia legislature AGAINST the acn
ana seltlOn acts as papaule ami alarming inractens
OF the constitution In pointing out The peaceful and
constitutional Iemedits-and he referred noue other
10 which the states were authorized to such
occasions he cUi cde by says that the legislatures
of the states mis- hi have mauc direct representation TO
congress, with view to obtain resembling The two
offensive acts or they might have represented 10 their
respective senators in congicss their wish that TWO
thrus thereof would propose sn explanatory amend.
ent TO The constitution TWO thirds Ui themselves if
such had been their OptOn might, by application 10
colsress, have oDlaineda oh'ehtiun Tor the oh
ject
This Is the very course which earnestly recommended
in order 10 cbtaiu an Explanatory amendment" the
constitution on the sab OF slavery his mi sht Olgi-
nate with congress or the state legislatures, may he
deemed most advisable to attain the object
Ihis explanatory amendment might be confined to the
maj settlement of the true construction OF the costitu
tiun On three special points:
An express recognition OF the right Of property in
slaves III the states where now exists may hereafter
exist.
The duty Of protecting this right in all the
territories throut hout their territorial existence I'M
til they shalt be admitted states into the Unon with