Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-12-13

Union Should feel myself recreant to my duty were
NOT 10 express an opinion on this important subject
Inc 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actually withdrawn from the Confederacy If answer
ed Ill The affirmative, it must be the principle that
the power has been conferred upon Congress to declare
and to make war against State
Alter much serious reflection | lave arrived at the
conclusion that such power has been delegated to
Congress or to any other department of the Federal Gov
ernHeht 1t IS manifest upon inspection of the Cons-
tu0n that this not among the specific and enumerated
powers granted to Congress and it is equally apparent
t It's exercise not necessary and proper for carving
mo execution any one of these powers So far from
THIS power having been delegated to Congress- it was
expressly refused by the convention which framed the
constitution. 1t appears from the proceedings of that
body that on the 3lst of May 1881 the clause author
'@'ng q" eTey'on of the force of the antole against
delinquent State came up for consideration. Mr.
Madison opposed it in IL brief but powerful speech
| from which shall extract but single sentence. He
observed: 'tbe use OF force against State would look
more like declaration of war than an infection of Dun
lshmeht, and would probably be considered bv the
party attacked dissolution of all previous contacts
by which 1t might be bound.
| Upon his motion the clause was unanimously post
poned and was never, believe, again presented Soon
afterwards, on the eighth June, 1887 when incidentlv
adVeTtng to the subject he sad ANY government for the
Unied States formed the supposed praccablity of
using force against the unconstitutional proceedings of
the States would prove visionary and lacous as the
government of Congress- Evidently meaning the then ex-
istlng Congress of the Old confederation Without de-
scehdIng t. particulars it may be safely asserted that the
power to make against State is at variance with
the whole spirit and intent Of the Constitution Sup
pose such War should result in the conquest of State
how are we to govern it afterwards shall hold it
as PrOvnc', and govern it by despotic power In
the nature OF things could not, by physical force
control the will Of the people and compel them elect
Senators and Representatives to Congress- and to per-
oil of
lltlon, and require from the free citizens of a free
State as constituent member of the Conederacy-
But Ii we possessed this power would it be wise to
erclse 1t under existing circumstances? The object
would doubtless be to preserve the Union. War would
not only present the most eectua of destroying
it, but would Danish all hope of its peaceahe rec nsruc
ton; besides in the aternal conflict vast amount of
blood and treasure would be expended rendering future
reconciliation between the States impossible. In the
meantime who forete what would be the sufferngs
and privatonS OF the people during its existence?
The fact is that Union rests upon public opinion
AID can never be cemened by the blood of its citizens
shed in civil Ii it cannot live in the affections
the people, 1t must one day perish. Congress possess
many means OF preserving it by Cancellation but the
sword not placed in their hand to- preserve it by
force.
But may l be permitted solemnly to invoke my coun
ymen TO pause aud deliberate before they determine
destroy this the grandest temple which has beer
dedicated to human freedom since the world began. Il
has been consecrated by the blood Of fathers by
the gores OF the past and by the hopes of the future Th
Union has already made US the most prosperous, anc
long WILL if preserved render the most powerful
nation on the face OF the earth.
In every foreign region of the globe, the title O
American citizen IS held in the highest respect, anC
when pronounced in foreign land it the heart
OF cOuntrymen to swell with honest pride. Surely
when reach the brink Of the yawnng abyss shall
reco with horror from the last fatal plunge By sucl
dread catastrophe the hopes of the friends Of freedom
throughout the world would be destroyed, and long
night Of eaden dCspOtism would enshrOud the nations
Our example Tor more than eighty years would not ont
be lost, but it would be quoted conclusive proof tina
man is unfit for seitgOvernment 1t is not every WrOn
hay, it is not every grievous wrong--whch JUST
fy resort to such fearful alternative. This OUGHT
be the last desperate nejy OF desparing peope, 81
ter every other constitutional means Of Cancellation ha
been exhausted.
We should reflect that under this free government ther
is incessant ebb and flow in public opinion. 1h
slavery question, like everything human will have ii
e day. firmly believe that it has already reached an
passed tne eliminating point, but it. in the midst of tn
existing excitement the Union shall PERISH the evil ma
! then become irreparaole,
: Congress can contribute much TO avert it, by pre-
posing and recommending to the Legislatures of tn
several States the remedy for existing evils which tn
Constitution has itself provided for its own preserve
ton. This has been tried at different critical periods
our history and always with eminent 1t is
= be found in the fifth Article, providing for its ow
: amendment. Under this Article amendments have bee
proposed by two-hirds OF both Houses of Congress-
have been ratified by the Legislatures of threefourths
the several States and have consequently become par
k OF the Constitutions
II To this process the country indebted for the claus
prohibiting Congress from passing any law respectn
r. an establishment of religion abridgng the reedo
OF Speech of the press Of the right OF petition
to this we are also indebted for the bill of rights Whit
of secures the people against any abuse OF power by
d, federal government.
i'd Such were the apprehensons justly entertained by Il
friends of State Rights at that period to have rendf
ed it extremely doubtful whether the Constitution cou
in have long survived without these amendments.
a Again, the Consultation amended by the sar
of process after the election of President Jefferson, by
J." House of Representatives, in February, 1903 III
We amendment was rendered necessary to prevent recl
u renee of the dangers which had seriously threatened
existence of the government during the tendency OF tt
to election The article, for its own amendment, was
tended to secure the anicabe adjustment of conflict
Of constitutional questions like the present. which mig
rs arise between the governments OF the States and that
in the United States.
bt- This appears from contemporaneous history. 10
om connection shall merely cali attention to few sent
&C. ces in Mr. Madsons justly celebrated report in
ide to the Legislature of Virginia. In this ne a
rn- and conclusively defended the resolutions
ith the preceding Legislature against the structures
zoe several other State Legislatures these were mai
,ch founded upon the protest Of the Virginia Legisat
against the "Alien and Sedition Acts" as "papable
Ger alarming injractions OF the Constitution"
the Ia pointing out the peaceful and constitutional re
dies and he referred to other to which the o
were authorized to resort such OCCASIONS ne conc
Il by SAYING .'that the Legislatures OF the States mi
ked have made direct representation to Congress VII
view to obtain resembling of the two offensive a
the or they might have represented TO tneir iespeS
nts Senators in Congress their wish that twohros u
- nc ~uoold nronnco an explanatory amendment 70