Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1860-12-14

| the Constitution.
The sane insuperable obstacles do not lie in
the way of executing the laws for the collec-
ton of the customs. The revenue still con-
tinues 10 be collected, as heretofore, at the
custom house Ut Charleston; and should tho
collector unfortunately resign, successor may
be appointed to perform this duty.
Then iE regard TO the property OF the Unl-
ted States in South Carolina. This has been
purchased for fair equivalent, "by che con-
sent of the Legislature Of the State, ''tor the
erection of forts, magazines, arsenals," de-,
and over these the authority ''to exercise ex-
elusive legislation" has been expressly granted
BY the Constitution to Congress. 1t is not
believed that any attempt will be made TO ex-
pei the Uoited States from this property by
force; but If 10 this shoald prove to be mis-
taken, the officer in command of the forts has
received orders to act strictly on the defen-
sive. In such contingency, the responsiolll-
ty tor consequences would rlghtfully rest upon
the heads of the assaiants
Apart from the execution Of the laws, so tar
as this may be practicable, the Executive has
no authority 90 decide what shall be the rela-
ticns between the Federal Government aud
South Carolina. He has been invested with no
such discretion. He possesses no power to
change the relations heretofore existing be-
tween them, much less TO acknowledge the IN
dependence Of that State. This would be to
invest mere Executive officer with the power
of recognizing the dissolution of the Confcde'
racy among orr tbIrty three sovereign States.
1t bears no resemblance to the recognition OF
foreign de tacfo government, involving no
such responsibility. ANY attempt to do this
would, on his part, be naked act of usurpa-
tion. Ii is, therefore, my duty to submit to
Congress the whole question in all its bear
ings. The course of events is SO rapidly has
teuing forward, that the emergency may soon
arise, when you may be called upon to decide
the momentous question whether you possess
the power, by force of arms, to compel State
to remain in the Union. / should feel myself
recreant to my duty we're not to express an
opinion on this important subject.
The question fairly stated is: Has the Con-
stitution delegated to Congress the power 10
coeree State into s1omissioa wlica 4ttc.apIiug
to withdraw or has actually Withdrawn from
the Gonfederaeya II answered in the afhrma~
tive, it must be on the principle that the power
has been conferred upon Congress to declare
and to make war against State. After
z lA4GNl oGElpGS EGGSGAkyG L. nave SAhAhSA aA S1S
! conclusion that no such power has been dele
/ gated to Congress or to any other department
of the Federal Government. 1t is manifest
upon an inspection OF the Constitution, that
this is not among The specific and enumerated
powers granted TO Congress; aud It Is equally
apparent that its exercise is not Unnecessary
aud proper for carrying into execution" auY
one of these powers. So far from this power
having been delegated to Congress, it was ex-
pressly refused by the Convention which trained
ihe Constitution.
1t appears, from the proceedings Of that
body, that on the 3lst of May, 1887, the
clause ssauthorizing an cxertion of the force
of the whole against delinquent State" came
up for consideration. AIR. Madison opposed il
| 10 brief but powerful speech, from which
/ shall extract but a single sentence. He OBJ
served: ssThe use of force against Stata
would look more like declaration of war than
an iufictiou of punishment; aud would proba-
bly, be considered by the party attacked
as dissolution of all previous compacls by
which it might be bound"
Upon his motion the clause was unanimously J
postponed, and was never again believe pre-
sented Soon afterwards, on the Sth June
1857, when incidentally adverting to the sub
ject, he said: ssAny Government for the Uni
ted States, formed ON the supposed practicable
itY of using force against the unconstitutional
proceedings of the States, would provo as vis'
ionary and fallacious as the government o
Congress-" evidently meaning the then existing
Congress of the old Confederation.
Without descending to particulars, it may
be safely asserted, that the power to make wal
/ = H. ,koI,
spirit and intent of the Constitution. Suppose
such war should result ia the conquest Of 9
State, how are we to govern it afterwards -
Shall we hold it province, aud govern u
by despotic power2 In the nature Of things
we could not, by physical force, control tbs
will of the people and compel them to elec
senators and representatives to Congress, anC
to perform all the other duties depending upoI
their own volitiou, and required from the fret
citizens Of free State as constituent mem,
ber of the Confederacy.
But, if possessed of this power, would il bt
wise to exercise ii under existing crcumstanc.
esq The object would doubtless be 10 preserve
the UDiou. War would not only present th'
most effectual meaus Of destroying il; bu
would Danish all hope of its peaeeable recon
construction. Besides, in the fraterual con
aict a vast amount of blood and treasur,
would De exspendd, rendering future reconcil
iatiou between the States impossible. In til,
meantime, who can fortel what would be tn,
suffering and privation of the people during 1T
existeEcel
The fact is, that our Union rests upon PUB
lie opinion, and can never be cenented ty th
blood of lis citizens shed in civil war. Ii i
cannot live in the affections of the people,
must one day perish. Congress possesses man,
, means Of preserving it by conciliation; but th
sword was not placed in their hands 10 pre-
J serve it By force.
But may be permitted solemnly to invok
my countrymen to pause and deliberate, be