The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1860-12-07

eon,en, Of q DO Legislature Of the State. 10.
,S. erection of forts. magazines, arsenals,
&C.. and over these the authority ''to exercise
sSciusiye legislation" has been expressly
s,.nt,d by the constitution to Congress. ~
p not behsved that any attempt will be made
10 e.oel the United States from this proper
~ by force but II in this should prove 70
be mi,taken, the officer in command OF the
fo,,s ha, received orders to act strictly on the
d,fensiye. In such q contingency the re-
,pon,ibility for consequences would righuui-
ly rest upon the heads Of the assailan"'
Apart from the the execution OF the laws
m far A. this may be practicable, the Execu.
tive hs, no authority to decide what shall DO
the relations between the Federal Govern'
ment and South Carolina. He has been IN
vs.ted with no such discretion. lie possesses
no power to change the relations between
them. much less to acknowledge the indepen-
dence of that State. This would 90 70 IN
vest mere Executive officer with the power
of recognizing the dissolution OF the eonied'
eracy among thir:y.three sovereign STATES.
IL bears no resemblance to the recognition OF
a foreign de faeto government, involving no
,ueh responsibility. Any attempt to do that
would, on his pait, be naked act oil usuipe.
ton. 1t is, therefore. my duty to submit 70
Congress the whole question: IN Ill us oes,-
iprs. The course OF events Is so rapid'y
fastening forward, that the emergency
may soon arrive, when you may DC called
upon to decide the momentous question
whether you possess the power oy iores OF
arms, to compel State to remain III 'ne
Union. l should feel myself recreant 10
nv duty were not to express an opinion on
this important subject.
The question fairly stated Is: Ha, the Con.
stitution delegated to Congress the power
% coerce a State into submission which Is
attemptipg to withdraw or has actually win.
drawn from the Confederacy' II answered
in the affirmative, il must be on the principle
that the power has been conferred upon Con.
uress 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 10 any
other Department of the federal government
II |, manifest, upon an inspection OF the Con.
stitution, that is not among the specific ana
enumerated powers granted to Congress
and it is equally apparent that Its exercise Is
not Unnecessary AID proper Tor carrying INTO
execution" any one OF these powers. 80 lar
from this power having been delegated to
Congress, IL was expressly refused by the
1t appears from the proceedings OF that
body, that on the 3lst May, 1881, the clause.
"authorzing an exer,ion of the force OF
the whole against delinquent State,
came up Tor consideration. Mr.. Madison OPP
posed il in brief but powerful speech, from
which l shall extract but single sentence.
lIe observed 1.-THE use oil force against
State would look more like declaration OF
war than any infection of punishment, and
would probably be considered by the party
attacked as dissolution of all previous COM
pacts by which IL might be bound" Upon
his motion the clause was unanimously post.
ponod, and was never, Ibeeye, again pre-.
sented. Soon afterwards, on the 18th June,
1887, when incidentally adverting to the SUBJ
iect, he said ".Any government tor the Unit
ed States, formed on the supposed practica-
bity OF using force against the unconstitu-
tional proceedings OF the States, would prove
Is visionary and iallaciols q, the govern
n.ent OF Congress, evidently meaning the
then existing Congress OF the old conledera-
ton.
Without descending TO particulars, 1t may
be safely asserted, that the power TO make
war against a state Is at variance with the
whole spirit of the Constitution. Suppose
such u war should result in the conquest OF
a State, how are we 10 govern II afterwards
Shall We hold IL as province, and govern 1t
by despotc poweri In the nature of things
we could not, by physical force, control
the will of the people, and compel them
to elect Senators aud Representatives to
Congress. and TO perform all the other
duties depending upon their own volition,
and required from tie free citizens OF free
State rs a constituent member Of the con-
federscy.
But, II we possessed this power, would II be
wise TO exercise il under existing circumstan-
cesi The object would doubtless be to pre-.
serve the Union. War would not only pre-
sent tho most efectual means for destroying
1t, but would Danish all hope of its peaceable
reconstruction. Besides in the fraternal con-
Hct vast amount Of blood and Treasure
would be expended, rem 'erng future recon-
Citation between the states impossible. In
the meantime, who can foretell what would
be the sutIerings and privations OF the peo-
pie during its exisiencei
The fact Is. that our Union rests upon pub
lie opinion, and can never be cemented by the
blood of its citizens in civil war. II II can
not live in the affections Of the people, II
must one day perish. Congress possesses many
means of preserving 1t by Cancellation; but
the sword was not placed in their hand to
preserve it by force.
Concluded next week