Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1860-12-21

cess In any particular case to call the mi
litia and employ the army and navy to aid him /
in performing the service, having first, by pro-
| clamation, commanded the insurgents to dis
perse and return peaceably to their respective
abodes within "a limited time. This duty can |
not by possibility be performed in State where
no judicial authority exists to issue process and
where there there is no marshal to execute, and
where even, if there were such an officer, the |
entire, population would constitute solid
column to resist him The bare resistance of
these provisions proves how inadequate they
are without further legislation, Ito overcome al
united opposition in single State, not to
speak of other States who may place them
selves in a similar attitude. Congress alone
4 has power to decide whether, the present laws
can or cannot be amended to carry out
tmore aefectually the objects of the Constitu-
ton The same insupesabIe obstacles do not lie
in the way of executing the laws for the coli
lection of the customs. The revenue still con-
tinass to be collected as heretofore at the Gus
tom House in Charleston; and should the Col
i lector unfortunately resign, o successor may
be appointed to perform this duty. Then, in
regard tothe property of the United States in
South Carolina, this has been purchased for q
fair equivalent by the consent of the Legisia-
ture Of the State, for the erection of forts MAJ G.
azines, arsenals, ete and ever these the authori
ty to exercise exclusive Legislation, has been
! expressly granted by the Court to Congaess. 1t
is not believed that any attempt will beemad toi
expel the United States from this property by
q foree,z but if in this Il should prove stos
q be. mistaken. the seaieeE . In command OF
the forts "a has sreceiyed orders to act.
strictly on the defehsiVe; in such a contingency
b the responsibility for consequences would right
fully rest upon the heads of the assailants.-.
Apartsfrom the execution of the laws SO far as
this may be practicable, the Executive has no
authority to decide what shall be the relations
l between the Federal Governments, sc. He has
f been invested with no such discretion, and he
possesses no power to change the relations here
{ tofore1 existing between them much less to ac-
i knowledge the Independence of that State
t This would be to invest a mere executive
: officer with the power of recognizing the dis
: solution of the Confederacys among
y thirty-tbree sovereign States e 1t has ne.
r tforeign de facto Government, involving no
a such responsibility Any attempt2to do this
: would, his part, be naked act of usurpa-
It ton. 1t is therefore, my duty TO submit to
: Congress the question in all its bearings. The
course of events is rapidly fastening forward,
/ that the emergency may arrive when you may
e be called upon to decide the moment tous question
+ whether you possess the power by force of arms,
n to compel State to remain in the Union.
l. should feel myself recreant to my duty were
le NOT to express an opinion Oh the important
'e subject. The question fairly stated: Has the
n Constitution delegated to Congress the power
D. to force State into submission which
IS is attempting to withdraw, has actu-
ys
Of answered in the affirmative, it must be on
g the principle that the power has been con.
d ferred upon Congress to declare and to make
a. a. war against a State. After much serious
n. reflection, ! have arrived at the conclusion
! fthat no such power has been delegated tC
q Congress, or to any other department of the
9 Federal Government. It is manifest upor
IL an inspection of the Constitution, that th
ry is not among the specific and enumerated
be fpowers granted to Congress. and it il
it equally apparent that its exercise is no
he necessary and proper for carrying int
ng execution any of these powers. So ia
gn from this power having been delegated t
of Congress, it was expressly refused b.
en- the Convention which framed the Constis utior
= It appears from, the proceedings of that bod
re- on the 31stofr May, 1887, the case authorizin
an Executive 10 use the force of the Who'll
ent against delinquent State, came up for copelr
nu sion Mr.. Madison. opposed it in a brief BIT
ate powerful speech, from which shall extract BIT
I'M a single sentence. He observed that the use
les. force against State would look more like d.
on elaration Aofswar than indiction of punisl
the ment, would probably be consinered by Il
Les party attacked dissolution of all previous
its pacts by which it might be bound. Upon tn
the motion, the clause was unanimously postpone
os- and was never, belive again presented.--sssa
ted Soon afterwards, the 9Th of June, It's
bly,, when incidentally adyerting to this subject,
esei said any Government for the United State
the ne formed On thesppp6sed practieabiity Of esil
ass stase ~oaa
ted as visionary and fallacious as
'eat Government of Cengress--evidently mea
all ing the existing Congress of the old Co
cial federation. Without descending to particula
fra it may be safely asserted that the power
the make war against a State is at variance wi
at the whole spirit and intent of the Constitution
OWL Suppose such. war should result in the conqu
,nd-l of a State how are we to govern it aft
# 2 wards? Shall we hold it as province, Q
tier, L hv desnoSic In the ature
itlal thihgswe could not by physical force cont
thug the will of the people and compel them to ell
efy. Senators and Representatives to Congress, a
we'll to perform all the other duties depending ur
IN their own obligations and required from the
high citizens of free State constitutional me
the beruof the -Confederacy. But if we possess
Of this power wuud it be wise to exercise it un,
vent existing circumstances? The object would
they doubtless to preserve the Union, which woi
lon not only present the most effectual means
any destroying it. but would Danish all hope of
sent peaceable reconstruction Besides, in the f
ople ternal conflict a vast amount of blood 9
ions: treasure would be expended, rendering fut
the reconciliation between the States impossil
and In the meantime, who can foretell what wo
BY be the -sufferings and privations of the peo
part duriug its existence. The fact is, that
their Union rests upon public opinion, and can ne
nde- be cemented by the blood of its citizens s.
ex- in civil war; If it cannot live in the affecti
VI of the people, it must one day perish. Congr
troy possesses many means of preserving
aced Cancellation, but the sword was not placed
uage their hands to preserve it by force. But ms
but be permitted solemnly to invoke my count
this men To patsa and Deliberate before thew de-
Eepnz mine to DESTROY this the rrandest temple wi
from has ever beeni dedicated TO human freet
light. since the world began. 1t has been couseers
the by the blood of our fathers, by the glories
than the mast and bv the homes of the future:
f1abls4 the Union has already made us the most q
&, in perous. and ere long will if preserved rer
true ns the most powerful nation on the face of
y sol. earth. In every foreign region of the globe
taket title of American citizen is held in the hig
From respect. and when pronounced in a foreign
any itEcauses the hearts of our country TO swell
Gee Of honest pride. Surely, when we reach the b
dered of the yawning abyss, shall recoil with no
could from the last fatahplunge by which dread CO
resent tronbe the hopes of the friends of freedom
olina. out the world would be DESTROYED and
ee,,ra =.