The Democratic press. (Eaton, Preble County, Ohio) 1860-1865, 1860-12-13

arm, anl navy to aid him in per,
forming tlIi, service, nu,in4 iir,o by
proclamation commanded the in
surgents to dispersc and retire pea
ceably to their respective ubodcs
within IL limited time. This duty
cannot by possibility be performed
in u state where no judicial author
ity exists to issue process, and
where there is no Marshal to exc
cute, and where, even if there were
such an officer, the entire popula-
ton would constitute one solid
combination to resist him. ihe
bare enumeration Of these provis.
ions proves how inadequate they
are, without further legislation to
overcome IA united opposition in a
single state, not to speak Of other
states who may place themselves
in u similar attitude. Congress
alone has power to decide whether
the present laws can or can not be-
amended 80 as to carry ont more ef-
fectively the objects Of the Consti-
tuition.
The same inseparable obstacles
do not lie in the way of executing
the laws for the collection of the
collection oftheeus,vms. The rev.
enuc still continue to be collected
as heretofore at the custom house
in Charleston, bat should the col
hector unfortunately resign, a snc
ccSs0r 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 Of the
state, for the erection Of forts. mag.
~azincs, arsenals, &C., and over these.
the authority to exercise exclusive
Legislation has been expressly gran
ted by the Constitution to Con
gress. 1t is not believed that any
attempt will be made to expel the
United Safes from this property
by force, bat ii in this | should
prove to be mistaken, the officer i'll
command Of the forts has received
orders to act strictly on the defen-
sive.
In such contingency the reapon-
sibiIity for consequences would
rightfulIy rest upon the heads of
the assaiIants. Apart from the ~
ecution of the laws, so far us this
may be practicable, the Executive
has no authority to decide what
shall be the relation between the
Fe!eral Government and South
Carolina. lie has been invested
with no such discretion A.; lie posses
es no power 10 change the r'lations
heretofore existing between them,
much less to acknowledge the indie
pendence of that state. This would
he to invest Il mere Executive Off
Ger with the power of recognizing
the dissolution of the con,edcracy.
Among our thirty three sovereign
States it bears no resemblance to the
recognition OF Il foreign de .ftrto
government, involving no such re-
sponsibility.
Any attempt TO do this wonld on
his part he II NAKED act OF us lrpt-
ton; it is therefore my duty to sub.
nit to Congress the whole question
in all its bearings; the conrsc of
events is So rapidly Fastening for
ward that the emergency may Don
arise when you may be called upon
to decide the momentous question,
whether you possess the power by
force of arms to compel Il State to
remain in the Union. should feel
myself recrelnt to my duty were !
not to express an opion on this i'm
portant subject. The question fair
ly stated, is, has the Constitution
delegated to Congress the power to
coerce a state into submission which
is attempting to withdraw, or has
actually withdrawn, from the Con-
f~ederacy. If answered in the affirm
ative, it must be on the principle
that the power has been conferred
upon Congress to declare and 10
make war against Il state. After
much serious reflection [ have ar.
rived at this conclusion that no
such power has been delegated to
Congress or any other department
0. the Federal Government. 1t is
manifest, upon an inspection oft &c
Constitution, that this is not among
the specific and enumerated powers
granted Congress, and it ia equally
apparent thai its exercise is not
necessary to the proper carry -"
into execution any one OF these
lowers. So far from this power
having been delegated to Congress,
it was expressly refused by the
Convention that framed the Con-
stitution. 1t appears from the pro-
ccedings Of that body that, on the
3lst Of May, 1897, the clause ait
thorining IN eXertion Of the force
of the whole army against Il dclin-
qucnt state came up for con>idara-
ton. Mr.. Madison opposed it in IL
brief but powerful speech, from
which | shall extract but a single
sentence. lie observed that the
use of force against a State would
" ri. ..-