Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-12-07


lima. In fact, the whole machinery OF the fe.'c
raj Government, necessary ior the distribution
Of remedial Justice among the people, has been
demolished; and it would be dltlcuit. II not I'M
possible, to replace it.
The only acts Of Congress- on the statltc-book
bearing upon this subject, are those OF the 2St
| February, 1895, and 81 March,, 1907. These
authorize the President, after he shall have as
ccrtancd that the marshal with his posse come
| tatuS is unable to execute civil or criminal pro-
cess in any particular case, to call forth the mi
llia and employ the army and navy to ald MN
in performing this service, having first by pro-
clumation commanded the insurgents ITO dis
pcrsc and retire pcaccably to their respective
ahodes, within limited time" This duty can
not bv possibility be performed in State where
no judicial authority exists to issue process ano
where there is no marshal TO execute IT. ana
where even if there were such an officer, the
entire population would constitute one solid
combination to resist him.
! The barc enumeration Of these provisions
! proves how inadequate they arc without fur
| thcr legislation 10 overcome united opposition
! in a single Slate, not to speak Of other States
who NAV place themselves in similar attitude.
| Congress alone has power to decide whether
t the present laws can or cannot be amended Sc
as 10 carry out more ciIectually the objects o!
! the Constitution.
The same insupcrablc obstacles do not lie in
the way Of executing the laws for the collection
| Of the customs The revenue still continues to
| be collected, as heretofore, at the custom-house
! in Charleston and should the collector unfor
tunatcly resign, u successor may be appointed
! TO perform this duty.
Then in regard to the property OF the United
States in South Carolina This has been pur.
chased for fair equivalent, "by the consent
of the Legislature ol the State, "for the
erection Of forts magazines, arscnaS, NC,
and over these tue authority TO exercise en-
! elusive legislation has been expressly granted
! ly the Constitution to Congress. 1t is not be-
! licvcd that any attempt will be made to eypel
! the United States from this property by force ;
! but If in this should prove TO be mistaken,
the officer in cnu,:nan, Of the forts has received
orders 10 act strictly on the defensive. In such
| Il contingency, the responsibility for conSc'
IuencrS wuuhI ri:htfuliy rest upon the heads
| Of the aSSaantS
! Ana,t from the execution Of the laws, so lar
| AS this NAV br practlcablr the Executive liaS
! no authority to decide what shall be the re.
! lationS hc,w-cn the Federal Government and
| South Carolina lie has been invested with no
such discretion. lie possesses no power to
change the relations heretofore existing be-
| tween them, much less 10 acknowledge the in
| dependence Of that State. This would be 10
| in.cSt mere Executive officer with the power
| Of recognising the dissolution of the Confrd-
cracy among our thirty.th7ee sovereign States.
1t bears no rcsemblanceto TO the recognition Of 4
/ J IN ur,Npl n
responsibility Any attempt TO do this would,
| Oh his part. lie naked act Of usurpaton. 1t
is, therefore, my duty to submit TO Congress
the whole question in all its bearings. The
course Of events is so rapidly fastening for
ward, that the emergency may soon arise,
when YOU may br called upon to decide the
lnomcntons question whether you possess the
power, by force Of arms, to compel State to
| remain in the Union. should lecl myself re-
creant to my duty we're | not to express an
opinion on lhiS important subject
The question fairy stated Is: Has the Con-
sti,utinn delegated TO Congress the power to
| coercc State into submission which is attempt
! ing 10 Withdraw or has actually withdrawn
! from the Confcde1cv: II answered in the
affirmative il mutt he on the principle that
the power has ben conferred upon Congress
! TO declare and 10 make war against State.
| After much serious reflection have arrived ut
! the conclusion thl no such power has been
! delegated to Congress or TO any other depart
ment Of the Ftde.nl Government. 1t IS mani
! fest upon an Inspection Of the Constitution,
that this is not among the specific and cnulne-
rated powers granted to Congress; and it Is
! equally apparent that its exercise is not me
ccssary and proper for carrying into eXec'l-
ton" anr one o these powers SO TAR from
this power having been delegated to Congress,
it was expressly refused by the convention
which framed tie Constitution.
II appears, from the proceedings Of that body,
that on the Gl,t May, 1857, the clause 'aa-
| Mori-ing an c1;rti0n ct' the force q the rhote
ngninst a Delinquent State came up for con-
sidclation. Mr.. Madison opposed it in brief
! but powerful speech, from which | shall ex-
! trac, but a single sentence. lie observed;
The Use Of force against a State would look
more like declaration OF war than an intilc.
ton Of punishment; and would probably be
considered by the party attacked as dissolu,
! ton Of all previous compacts by when 1t
| might be bound" Upon his motion the clause
WAS unanimously postponed, and was never
| believe again presented Soon afterwards,
on the Sth June, 1857, when incidentally ad-
vcrtinc 10 tn. subject, he said: ANY Gov
| ernment for the United States, formed on the
supposed practicabilily Of using force against
| the unconstitutional proceedings Of the States,
would prove as visionary and iallacions as the
! government OF Congress" evidently meaning
! The then existing Congress Of the old Con!cdc-
ration.
Without descending 10 particulars, it may
| : H., . hn N 10
against n Stale is at variance with the whole
; spirit and intent OF the Constitution. sup.
! nose such war should result in the conquest
! of a Satr, how are We to govern 1t afterwards: !:
Shall we hold it as province, and govern 1t by
dcspo,ic power? In the nature OF things VIC
could not, bv physical force, control the will
Of the ucople, ind compel them to elect SEMI
tors and Representatives to Congress- an" 10
perform all the other duties depending upon
their own yo,ition. and required from the free
citizens of State as constituent mtnber
I Of the Confcderacy.
But if we possessed this power, would It be
wjsc 10 exercise it under existing clrcnm-
stancese The object would, doubtless, be to
preserve the Union. War would not only pre-
sent the most effectual means of destroying 1t;
but would Danish all hope Of its peaceable re-
constructions BcsiGcS in the iraternal connict
vast amount of blood and treasure would be
expended rendering future reconciliation be-
tween the States impossible In the mean
timo who can fprctell what would be the sui-
lcrings and prvations Of the people during its
existence?
The fact is, that our Union rests upon pub
lie oninion, and can never be cemented by the
blood Of is citizens shed in civil war If it
cannot live in the affections of the people, it
must one day perish. Congress possess many
means of preserving it by Cancellation; but the
sword was not placed in their hand 10 preserve
liut may | be permitted solcmnly to invoke
nv coun,rvmcn to pause and deliberate, before
they determine to destroy this, the grandcst
trnnle which has ever been dedicated to human
freedom since the world began? 1t has been
consecrated b. the blood of our fathers, by the
sorics Of the past, and by the hopes OF the
III. 7 ,;,n bac already made us the