The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-12-08

important subject. The question fairly stated 10
r Has the Constitution delegated TO Congress u.
power to force state into submission wh,ch IL at
y tempting 10 withdraw or has actually withdrawn
II from the confederaeys If answered the af5rmA
II tive, IL must be on the principle that the power
\ been conferred upon Congress to declare and I,
l. make war against a State.
l. After much reflection have arrived ut the con
cluson that no ruch power has been dele gated Il
II Congress or to any 9th or department Of the Fedora
y Government. II 10 manifest, upon an inspection
= OF the Constitution, that this IL not among the
. Specific and enumerated powers granted TO Con
gress and II il equally apparent that its exercise
ls not necessary and proper for carrying into
cution any one OF these powers. SO far from this
!. power having been delegated to Congress, it was
r expressly refused by the Convention which framed
b the Constitution.
: 1t appears from the proceedings OF that body on
the3lst OF May, 17s7, that the clause authorizing
ecution Of the force Of he whole ton again
| delinquent state came up for consideration. ii r..
Madison opposed it in brief but powerful speech,
from which shall extract single sentence. lie
observed "the use of force against . State would
look more like a declaration OF war than an iIfic-
ton Ut punishment, and would probably be consid-
cred by the party attacked, dissolution OF All
previous compac,s BY " ich it might be bound"
Upon his mot on the clause uhAn mously
postponed, and was never, believe, again present
ed.
Soon after. on the Sth Of June, 1857, when incl
dcntaliy adserting to this subject he said: ANY
government for the United states, formed on the
supposed probability Of using force against the
unconst tutional proceedings of the States would
prove visionary snd fAllsoious NJ the Government
Ut Congress- evidently meaning the then existing
j Congress Of the old Confederation. Without de-
scending to particulars, 1t may be safely asserted
| that the power to make war against State Ia Ut
| variance with the whole spirit and intent Of the
Constitution. Suppose such war should result
in the conquest of u sta'e how We to govern it
afterwards Shall we hold II as province and
govern it by despotic powerg In the nature Of
rs w q 10 fuy ptvoi the
will of tho people. and compel them to elect Sen
arors and Representatives ~ Congress- and to rer-
form all tho other duties depending upon their
own relation, and required from the frce citizens
OF free State as q constitutional member Of the
Confed raey. But IL we possessed the over would
it be wise To exercise it under the existing eircum
stances2 The object would be doubtless TO preserve
/ The Union, bat would net only present the most
efectual means Of destroying it, but would Danish
all hope If its pcaceable reconstruction. Besides,
in the traternal conflict vast Of blood and
treasure would be expended, rendering future
Cancellation between the states impossible In the
meantime, who can forctell what would be the suf-
erngs aud privations Of the people during It's ex-
istcnec. The fact 10 that our Union rests upon pub
iic opinion, and can never be ted by the tiood
Of its citizens in civil IL it cannot live in
the affections Of the people il day perish.
Congress possesses nsany means Of rreserving by
co,ciliatop but the sword was not placed in
their bands to preserve it by force. But may be
permitted kolemnly to invoke my countryhie to
pause, and deliberate before they determine t. de-
stroy this, the grandest temple, which has ever
been dedicated TO human freedom, stree the world
began. 1t has been cousecracd by the blood of our
Fathers, by the glories Of our past, and by the
hopes Of the future, and the Union has already
made us the most prosperous, and ere long will, If
preserved, render us the most powerful nation on
he face OF the earth.
In every foreign region Of the globe the title of
American citizen ID held An the highest respect,
i and when proaanEesa in foreign isnds, 1t causer
the hearts II our countrymen to swell with honest
pride. sefsly, When We reaeh the brink OF the
lyawning abyss, We shall recoii with hroror, from
the laat fatal plnnga.- BY ouch dreadful catss
trophy, the hopes II the friends Of freedom
throughout The world would be destroyed, and
long night OF leaden defpotism would enshroud the
nation. Our example for more than eighty years
would not only be lost, but it would be quoted as .
conclusive proof that man Ia unit for self govern
mcnt. 1t IL not very wrong, nay, Ii Is not every
grirvone wrong which can justify resort to such
fvarfal alternative. This ought to be the last des
perate remedy OF Departing people, after every
other constitutional means Ut copaiiiasion had
been exhausted. We should reflect that under this
free government there is incessant sbb and
flow OF public opinion. The slvery question. like
everything human, will have its day. | firmly be-
lievc that il has already reached and passed it's
Gu minating point; but it, ia the midst Of the
isting excitement, the Union shall perish the evil
may then bee me irrcparable. Congress can
tribute much to arrest IL, by proposing and recon-
mending t, the Legislatures Of the several Slater
TIC remedy for existing evils which the Censttu-
ton has p divided for its own preservation. This
has been tried ut different critical periods of
Ihistury, aud always with eminent success 1t 10 10
| he found in the 9th article providing for lite
am nd nent. Under this article amendments have
been proposed by two thlfis II both Houses Of
fCpngress, and have been ratilsd by thrse-tourths
OF tie s.vetai states, and have Consequently DO,
come parts OF the Constitution. To this process
the country is indebted for the clause prohibiting
Congress IRON passing any Law respecting esta-
biisnment of religion or alrid2ing the freedom Of
Il o
this We are also indebted for the bill Of rights
which secured the leol! against any abuse Of pow
or by the Federal Government. Such were The APP
prehensons justly enter aimed by the friends of the
state rights at that period AS TO have rendered
extremely doubtful whether the Constitution could
have long survived without there amendments.
Again the Constitution was amended by tho
~ me process, after he election Of President JEFF
ferson by the House Of Representative, in Febru-
larry, 49, g. Tbs amendment was rendered nsces-
sary to prevent recurrence of the dangers which
had seriously threashed the existence Of the Gov
eminent during the pendeney Ut that election. The
article for its own amendment WAS intended To pro-
cure the amicabiS adjustment II the cor hcting
lCanstitutionaI questions, like tho present, which
mi ht arise between the Geyei Ct the States
and the United States. This appears from
temporaneous history. In this connection, shall:
merely call attention to few instances in Mr..
Md sons Justly celebrated reiort in 177o, 10 the
LegislatHfr OF Virginia. In ths, he ably and con-
cusiveIy defended the resolutions Of the preceding
Legislature against the structures II several other
State Legislatures. These were mainly founded
luIon the protest of the Virginia Legislature
against the alien and seition acts ~ palpabe, and
alarming attractions the Constitution. In
pointing out the peaceful and constitutional rene
d,es-and be referred TO none other-to waich the
States were aui IoiIzsd TO resort such occxsiona
he concludes by saying, that tho Legislatures Of
the States might have made direct represon taton
to Congress-, with view to obtain n rescinding OF
the two offensive acts, or they might have repre-
scented TO their respective Senator'S IN Congress their
II OF an q 4
pianatory amendment to the Constitution or two
thirds Of themselves If such had been their option,
might, by an application 10 Congress, have obtain
ed Convention for the very same object. This 10
the very course which earnestly recommend, in
order to obtain An explanatory amendment 10 the
Constitution on the nplect OF slavery. This might