Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-12-06

Withdraw, OF uat AcluailN Wlthula"b tVih sHe
Confederacy? II answered in the affirmative,
il must be on the principle that the power has
been conferred upon Congress 20 declare and
to make war against o State. After much Sc
rious reflection, ! have arrived al the conclu-
sion that no such power has been delegated 70
Congress, OF TO any other department of the
Federal Government. IL is manifest upon an
inspection OF the Constitution that this Is not
among the specific and enumerated powers
granted 20 Congress, and IL Is equally apparent
that its exercise is not necessary and proper
for carrying into execution any one Of these
powers. So far from this power having been
delegated % Congress, IL was expressly refus-
ed by the Convention which framed the Con-
stitution. II aPpears from the proceedings Of
that body on the 3lst OF May, 1857, the case
authorizing an Executive e use the force Of
the whole against a delinquent State, came ~
for consideration. Mr.. Madison opposed il in
brief but powerful speech from which shall
extract but single sentence. lie observed
that the use Of force against State would look
more like declaration Of war than an infic-
ton Of punishment, and would probably be
considered by the party attacked as q dissolu-
tion Of all previous compacts by which it might
be bound. Upon his motion, the clause was
unanimously postponed, and was never, be-
lieve, again presented.
Soon afterwards, on the sth Of June. 1857
when incidentally adyerting to this subject
he said any Government for the United States,
formed on the supposed practicability of using
force against the unconstitutional proceedings
OF the States, would prove az visionary and
fallacious as the Government Of Congress-ev-
identity meaning the existing Congress of the
old Confederation. Without descending TO
particulars it may be safely asserted that the
power 10 make war against State is at vari-
ance with the whole spirit and intent of the
Constitution. Suppose such q war should re-
suit IN the conquest of a State, how are we 10
govern il afterwards? Shall We hold il as a
province, and govern il BY despotc power?-
In the nature of things could not, by
physical force control the will Of the people.
and compel them 10 elect Senators and Repre-
sentatives to Congress, and 10 perform all the
other duties depending upon their own obliga-
/ tions and required from the free citizens of
/ free State as a constitutional member Of the
Confederacy. But if we possessed this power
would il be wise to exercise il under existing
circumstances? The object would be doubtless
TO preserve the Union, which would not only
present the most effectual means OF destroying
il, but would Danish all hope Of its peaceable
reconstruction. Besides, in the fraternal con-
fiict vast amount Of blood and treasure would
be expended, rendering future reconciliation
between the States impossible. In TIE mean
time who can foretell what would be the suf-
! fer!ngs and privations Of the people during
.ts existence. The fact is, that our Union
rests upon public opinion, and can never be
cemented by the blood Of its citizens shed in
civil war II il cannot live in the affections
of the people; il must one day perish. Con-
gress possesses many means OF preserving by
Cancellation, but the sword was not placed in
their hands to preserve it by force. But may
! be permitted solemnly TO invoke my coun-
trymen 10 pause and deliberate before they
determine TO destroy this, the grandest tenn
pie which has ever been dedicated 10 human
freedom since the world began.
IA -. L.. L. Al
fathers, by the glories of the past, and by the
hopes Of the future; and the Union has al
ready made us the most prosperous, and ere
long will, if preserved, render us the most
powerful, nation on the face oil the earth. In
every foreign region Of the globe the title OF
American citizen is held in the highest respect,
and when pronounced in foreign land IL
causes the hearts Of our countrymen TO swell
with honest pride. Surely, when we reach
the brink of the yawning abyss, we ehall re-
coil with horror from the last fatal plunge by
which dread catastrophe the hopes Of the
friends of freedom tn roug hout the world would
be destroyed, and long night Of leaden des-
potis,n woald epshroud the nation. Our ex-
ample for more than eighty years would not
only be lost, but il would be quoted az n con-
elusive proof that man is unfit for self-govern-
ment. IL is not every wrong-nay, il lie not
every grievous wrong-whch can justify q
resort 10 such fearful alternative. This
spairing people, after every other constitu-
tional means Of coucilation had been ex-
haustcd.
We should reflect, that under this free gov.
eminent there IL an incessant cbb and flow OF
public opinion. The Slavery question, like
everything human, will have its day. firmly
believe that il has already reached and passed
the eliminating point, but If in the midst of
| the existing excitement the Union shall perish,
the evil may then become irreparable. Con-
gress can contribute much to arrest il by pro-
posing and recommending 10 the Legislatures
Of the several States the remedy for existing
evils which the Constitution has itself proyid-
ed for its own preservation. This has been
tried at different critical periods of our hsto-
~, and always with eminent success. II is TO
be found in the 5th article providing for its
own amendment. Under this article amend
ments have been proposed by two-thrds Of
both Houses of Congress, and have been rati-
fed by the Legislatures Of three fourths of the
several States, and have consequently become
parts Of the Constitution. To this process the
country is indebted for the clause prohibit
ing Congress from passnga any law respecting
an establishment OF religion or abridging the
freedom of speech or of the press, or the right
of petition To this we are also indebted for
the bill of rights which secures the people
against any abuse of power by the Federal
government.
Such were the apprehensons Justly enter
tanned by the friends Of State rights nj that
period as TO have rendered il extremely doubt
full whether the Constitution could have long
survived without these amendments. Again,
the Constitution was amended by the same
process after the election of President Jeffer-
son by the House of Representatives, in Feb
ruary, 1903. This amendment was rendered
necessary TO prevent n recurrence OF the dan
gers which had seriously threatened the ex-
istence Of the Government during the penden-
! cy of that election The Article for ito own
amendment was intended to procure the ami
cable adjustment of the conflicting constitu-
tional questions like the present, which might
arise between the Governments Of the States
and the United States. This appears from
contcmporaneous history. In this connection
i shall merely call attention to a few intances
in Mr.. Madson's justly celebrated report in
1879, 20 the Legislature of Virginia. In this
lie ably and conclusively defended the resolu-
tons of the preceding Legislature against the
structures of several other other State Legisla-
lures. These we're mainly founded upon the
protest of the Virginia Legislature against the
alien and sedition acte, as palpablc and alarm
ing attractions Of the Constitution.
In pointing out the peaceful and constitu-
tionai remedies, and he referred TO none other
20 which the States were authorized 10 resort
on such occasions, he concludes by saying that
the Legislatures of the States might have
made direct representation 10 Congress, with
a view 10 obtain resembling of the two often
sive acts, or they might have represented to
their respective Senators IN Congress their
wish that two thirds thereof would propose
any explanatory amendment TO the Constitu-
ton; or two-thirds of themselves, II such had
been their option, might, by an application
| to Congress, have obtained Convention for
the same object. This is the very course
which | earnestly recommend, in order TO OBJ
tain an explanatory amendment OF the Con-
stitution on the subject Of Slavery. This