Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1860-12-13

State, like an individual, to yield portion
OF its sovereign rights 10 secure tho remain
der In the language Of Mr.. Madison, VINO
has been called the father OF the Constitution:
at was formed by the Staies-that Is, by
the people in each Of the States, acting III
their highest sovereign capacity; and formed
consequently by the same authority WHICH
formed the State constitutions.
"Nor is the Government Of the United
States, created by the Constitution, less
Government in the strict sense OF term,
within the sphere Of its powers, than tho
governments created by the constitutions Of
the States are, within their several spheres.
It is like them. organized into legislative,
executive, and judiciary departments. 1t OPP
erates, like them, directly on persons ana
things; and, like them, it has at command
physical force Of executing Me powers com
mitted to it,
1t was intended to be perpetual, and not to
be- annulled at the pleasure Of amy one OF
the contracting parties. The old articles oil
confederation were entitled ARTICLES OF Con
federation sud Perpetual Union between the
States" and by the 18th article 1t is expressly
declared that 1.-The articles Of this Conedera-
ton shal, he inviolably observed by every
State, and the Union shall be perpetual.
The preamble to the Constitution Of the
United States, having express reference TO
the articles Of Confederation. recites that it
WAS established Gin order to form more
perfect union.,, And yet it is commended that
this "more perfect union" does not include
the essential attribute of perpetuity.
With regard TO the duty Of the E1ecnsiN
Mr.. buchanan saws he is sworn to see NE
laws executed, and he will do so as faYes he
can---But as the whole machinery of the
Federal Government is broken WIN South
Carolina, except so far as the collection OF
revenue i, concerned, he can do nothing
more than enforce the collection.
Fort Moultrie having been bought and
paid for by the government, tho President
intends to hold it against any hostile par
ties, and has given orders to that effect to the
officer in command.
The President argues that Congress has no
power, however to force state to remain IN
tho UniVi, and shows that if Congress had
such power, it would he foolish to exercise
it. he says;
The question fairly stated is: Has the Con-
Aitution delegated to Congress the power to
4 coerce State into submission which is at
tempting to Withdraw, or has actually with
drawn from tie Confedcracy? II answered
in the affirmative, it must be ON the principle
that the power has been conferred upon Con-
gress to declare and to make war against
State. After much serious reflection, have
arrived at the conclusion that no such power
has been delegated to Congress or to any
other department of the Federal Government.
| 1t is manifest, upon an inspection ct the
Constitution, that this is not among the spe-
cific and enumerated powers granted to Con-
gress; and it is equally apparent that its ex-
ercsc is not necessary and proper Tor carry
| ing into execution" any one OF these powers.
So far from this power having been delegated
to Congress, It WAS expressly refused by the
convention which framed the Constitution.
1t appears from the proceedings Of that
body, that OH the 3lst May, 1887, the clause
"auMor,zinq an erertion Of the force Of tie
ehole aqainsta delinquent State" came up
for consideration MIR. Madison opposed it in
brief hut powerful speech, from which |
shall extract but single sentence. He OBJ
served: "Ihe use Of force against State
would look more like declaration Of war
than an infection Of punishment and
would probably be considered by the party
attacked as u dissolution Of previous com.
pacts by which it might be bound" Upon
! his motion the clause was unanimously post
bonded, and was never | believe again pre-
sented. Soon afterwards, on the Sth June,
| 1887, when Incidentally adverting 10 the sub
iect. he snid: Any Government for the CEi-
ted States, formed on the supposed practical
bility of using force againsts the uncoustitu-
tional proceeding of the States, would prove
as visionary and fallacions rs the Government
Of Congress, evidently meaning the then ex-
isting Congress of the old Confederation.
Without descending to particulars, it may
be safely asserted, that the power to make war
against a State is at variance with the
spirit and the intent of the Constitution
| Suppose such 4 war should result in the con-
quest of State, how are we to govern it af-
forwards. Shall We held it rs n province,
and governit by dcspotic power? In the nature
of things we could not, by physical force.
control the will Of the people, and compel
them to elect senators and representatives to
Congress, and to perform all the other duties
depending upon their own volition and re-
quircd from the free citizens Of Il free State
as a constituent member of tbs COME deracy.
But if we possessed this power, would it be
wise to exercise it under the existing circum-
stances =, lie object would doubtless DO TO
preserve the Union. War would not only
present the most encctual means OF destroy
ing it-but would Danish all hope Of i!s
peaceful reconstruction. Besides, in the fra
ternal conflict vast amount Of blood and
treasure would be expended rendering future
reconciliation between the States impossible.
In the meantime, who can lortel what would
be the suhcrngs and prvations o! the pco-
pie during its existence?
The fact is. that our Union rests upon pub
lie opinion, and can never be cemeuted by
the blood OF lis citizens in civil war If it
cannct live in the affections Of the people, it
must one day perish. Congress possesses
many means Of preserving it by Cancellation;
but the sword was not placed in their hands
to preserve it by force.
/ The President then makes warm AMI pa
trosic appeal to his countrymen to save the
Union, and proposes for action the following
plan:
But may be permitted solemnly t, in
yoke my countrymen to pause and deiJ,er-
ate before they determine to destroy this,
the srandost temple which has ever been
dedicated to human freedom since the world
began ? 1t has been consecrated by the
blood Of our fathers, b. the glories Of the past
and by the hopes of the future. The Union
has already made lis this most prosperous,
and ere Hong, will, if preserved, render US
the most powerful nation on the face of the
earth In every foreign region on the globe
the title Of American citizen is held in the
highest respect. and when pronounced in
a foreign land it causes the hearts of our
countrymen to swell with honest PRIDE
Surely when we reach the brink Of the yawn-
ing abyss, we shall recoil with horror from
the last fatal plunge. BY such q dread ca
| tastrophe the hopes of the friends Of freedom
| througout the world would be destroyed, aud
a long night OF leaden despotism would en-