Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1860-12-15

selves in similar attitude. Congress
alone has power to decide whether the
present laws can or cannot be amended so
as to carry out more effectually the OBJ
jccts of the Constitution.
The same insuperable 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 hereto.
fore, at the custom-house in Charleston !;
and should the collector unfortunately re-
sign, successor may be appointed to per-
form this duty.
Then in regard to the property of the
United States in South Carolina. This
has been purchased for fair equivalent,
'by the consent of the Legislature of the
State," "for the erection of forts, maya
zines, arscnals," &C., and over these the
authority "to exercise exclusive legisla-
ton has been expressly granted by the
Constitution to Congress. 1t is not be.
lieved that any attempt will be made to
expcl the United States from this property
by force; but if in this | should prove to
be mistaken, the officer in command ofthe
forts has received orders to act strictly on
the defensive. In such a contingency the
responsibility for consequences would
rightfully rest upon the heads of the as
sallants.
Apart from the execution of the laws,
so far as this may be practicable, the Ex-
ecutivc has no authority to decide what
shall be the relations between the federal
government and South Carolina. He has
been invested with no such discretion.
lie possesses no power to change the
relations heretofore existing between them,
much less to acknowledg &c the independence
Of that State. This would be to invest
mere Executive officer with the power of
recognising the dissolution Of the Confed-
eracy among our thirty three sovereign
States. 1t bears no resemblance to the
recognition of a foreign de faclo govern
ment, involving no such responsibility.
Any attempt to do this would, on his part,
be naked act of usurpation. 1t is there
fore, my duty to submit to Congress the
whole question in al its bearings.
The course of events is so rapidly has
tening 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.
L should feel myself recreant to my duty
were not to express an opinion on this
important subject.
The question fairly stated is Has the
Constitution delegated to Congress the
power to coerce State into submission
which is attempting to withdraw or has
actually withdrawn from the Confedera-
cy? If answered in the affirmative it must
be on the principle that the power has
been conferred upon Congress to declare
and to make war against State. After
much serious reflection l 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 of the
Constitution, that this is not among the
specific and enumerated powers granted
to Congress; and it is equally apparent
that its exercise is not necessary and prop
er for carrying into execution any one ot
these powers. So far from this power
having been delegated to Congress, it was
expressly referred by the Convention
which framed the Constitution.
1t appears from the proceedings of that
body, that on the 3lst May, 1887, the
clause "authOrieing an erertt0n ofihe force
Of the aohole against q delinquent Slc1,e,''
came up for consideration. Mr.. Madison
opposed it in brief but powerful speech
from which | shall extract but single
sentence. He observed "The use Of
force against State would look more
like declaration of war than an inhictior
of punishment; and would probably be
considered by the party attacked as {
dissolution of all previous compacts by
which it might be bound"
Upon this motion the clause was unani
mously postponed, and was never, be-
lieve, again presented. Soon afterwards
on the eth June, 1887, when incidental J
advcrtlng to the subject, he said " Any
Government for the United States, formed
on the supposed practicability of usin.
force against the unconstitutional pro-
ccedings of the States, would prove a
visionary and falacious as the governmen
of Congress- evidently meaning the thel
existing Congress of the old Confedera
ton.
Without descending to particulars, i
may be safely asserted, that the power t.
make war against State is at varianc
with the whole spirit and intent of tn
Constitution, Suppose such a war shoul,
result in the conquest of State, how ar
we to govern it afterwards? Shall W
! hold it as province, and govern it b
despotic power? In the nature of thing
, We could not, by physical force contrC
, the will of the people, and compel them I
} elect senators and representatives to Cor
!, grcss, and to perform all the other dutiC
, depending upon their own volition, an
required from the free citizens of fre
l State as a constituent member of the Coz
fedcracy.
D But, if we possessed this power, woul
/, it be wise to exercise it under existir
e circumstances The object would doub
n less be to preserve the Union. W;
| 4 al. n.