The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1860-12-13
a. Wis. Thursday, December l:3, 1860

o recognition OF foreign de tdct0 government
: involving no such responsibility; any attempt
ri to do this would on his part be a naked act Of
usurpation. 1t is therefore my duty to submit
to Congress the whole question in all its bear
S ings.
S The course of events is so rapidly fastening
: forward that the emergency may arrive when
e you may be called upon to decide the moment
D Gus question whether you possess the power
by force of arms, to compel State to remain in
the Union. should feel myself recreant to my
r duty were | not TO express my opinion on the
| subject. The question fairly stated is Has
the Constitution delegated to Congress the
power to force State into submission, which
is attempting to withdraw, or has actually with
drawn from the Confederacy! IF answered in
the affirmative, it must be on the principle that
the power has been conferred upon CONGRESS- to
declare and make war against State.
t After much serious reflection have arrived
at the conclusion that no such power has been
f delegated to the Federal Government. 1t is
manifest, that this is not among the specific and
r enumerated powers granted to Congress land it
is equally apparent that its exercise is not ne
cesSary and proper for carrying into execution,
any one of these powers. So far from this power
having been delegated to Congress- it was ex>
t pressly refused by the Convention which franz
ed the Constitution.
1t appears from the proceedings of that body,
thaton the 31st of May, 1887 that the clause au
thorizng an exertion of the force of the whole
againstsa delinquent State came up for consid
Grafton. Mr.. Madison opposed il in a brief,
but powerful speech, from which l shall extract
but a single sentence. He observed "The
use Of force against State would look more
f like declaration of war than an infection of
punishment and would probably be considered
by the party attacked as declaration of all pre-
vious compacts by which it might be bound"
| Upon his motion the clause was unanimously
postponed, and was never, believe, again pre-
scented.
, Soon after, on the 9Th of June, 1887, when
incidentally adverting to this subject he said ::
! any Government for the United States, formed
f on the supposed practicability of using force
f against the unconstitutional proceedings of the
y States, would prove as visionary and tallacious
t as the Government Congress-" evidently
r meaning the then existing Congress of the old
0 Confederation, Without descending to partic-
: ulars, it may be asserted that the power to
n make war against State is at variance vita the
V whole spirit and intent of the Constitution.
J. Suppose such war should result in the con-
# quest of State how are we to govern it after
a wards ? Shall we hold it as province and
It govern it by despotic power? In the nature
of things we could not by physical force control
2 the will of the people, and compel them to
j. elect Senators and Representatives, to Congress
and perform all the other duties depending on
their own delegation, and required from the free
e citizens of free State as a constitutional mem.
s Der of the Confederacy.
" But if we possessed the power, would it be
J. Wise to exercise it under the existing circum
IS stances The object would be doubtless to
"a preserve the Union, which would not only pre-
v sent the the most eff ctual means of destroying
d it, but would h,ush all hope of its peaceable
is reconstruction. Besides, III the fraternal con
n fict vast amount of blood and treasure would
h. 1nI liafj Ot
n. between the States impossible. In the mean
ID time, who can fortel what would be the suffer-
j. ings and privatioEs Of the people during this
TO existence. The fact is that our Union rests
or upon public opinion, and can never be cemen
off ted by the blood gifts citizens shed in civil war
a. If it cannot live in the affections of the people
is it must one day perish. Congress possesses
many means of preserving by concieation bu
le the sword was not placed in their hands topre-
n serve it by force.
n But may be permitted solemnly TO invoke
a. my countrymen to pause, and deliberate before
20 they determine to destroy this, the grandest tenn
,s pie which has ever been dedicated to human
freedom since the world began 1t has beer
70 consecrated by the blood of our Fathers by the
ID gleres of the past, and by the the hopes
of of the future aud the Union has already made
" US the most prosperous, and ere long WILL i
o preserved, render us the most powerful nation
4 on the face of the earth.
h. In every foreign region Of the globe the it'll
re of American citizen is held in the highest re
spect, and when pronounced in foreign lands i
10 causes the hearts of our countrymen to swell
ID with honest pride. Surely, when we reach tho
~ brink of the yawning abyss, we shall recoi
Of with horror from the last fatal plunge. By
If such a dread catastrophe the hopes of the
e. friends of freedom throuhout the word would bt
< destroyed, and long night Of despotism woulC
: enshroud the nation. Our example for more
i than eighty years would not only be lost, bu
II it would be quoted as a conclusive proof thai
in man is unfit for self government. 1t is no
,e every wrong, nay, it's not every grievous wrong
is which can Justify resort to such fearful al
4 tentative This ought to be the last desperate
le remedy of desparing people, after every 9th
er constitutional means of Cancellation had beer
,e exhausted.
m We should reflect that under this free gov
=, eminent there is an incessant ebb and flow o
,e public opinion. The slavery question, like ev
l. erything human, will have its day L firmly
le believe that it has already reached and passed
v the eliminating point; but it, in the midst Of
" the existing excitement, the Union shall perish
i'll the evil may then become irreparable. Con
f. gress can contribute much to arrest it, by pro
ar posing and recommending to the Legislatures
h. of the several States the remedy for existing
It evils which the Constitution has itself provided
"a for its own preservation. This has been tried
~ at different critical periods of our history, and
4 always with eminent success. It's to be found
n in the 9th article, providing for its own amend
70 ment. Under this article amendments have
" been proposed by two thirds of both Houses
e of Congress, and have been ratified by the Leg
T. isature of three>fourth of the several States,
l. and have consequently become parts of the
al Constitution.
To this process the country is indebted for the
o clause prohibiting Congress from passing any
law respecting an establishment of religion, or
!, abridging the freedom Of speech or ofthe press,
= !, or the right Of petition. TO this we are also
indebted for the bill ofrights which secures the
> people against any abuse of power by the Fed
: eral Government Such were the apprehen>
" sions Justly entertained by the friends of State
Il rights at that period, to have rendered it eX-
= tremely doubtful whether the Constitution
:. could have long survived without these amend
2 ments.
: Again the Constitution was amended by the
- same process after the election of President
. Jefferson, by the House of Representatives, in
February 1893, This amendment was rendered
necessary TO prevent a recurrence of the danger
:, which has seriously threatened the existence
= of the Government during the tendency Of
=" that election. The article for its own amend
ment was intended to procure the amicable adj
s iustment of the conflicting Constitutional ques-
2 tons, like the present, which might arise be-
u tween the governments Of the States and ofthe
10 United States. This appears from contenpora-
: neous history.
er In this connection, shall merely call atten-
20 ton to a few instances in Mr.. Madisons justly
81 celebrated report, in 1879, to the Legislature
a of Virginia. In this, he ably and conelusively
vs. defends the resolutions of the preceding Legis
le ature of Virginia against the structures of sew
le eral other State Legislatures.
ne These were mostly founded upon the protest Of
" the Va Legislature against the alien and sedi
ton acts as palpable and alarming intractions Of
in the Constitution. In pointing out the peaceful
a and constitutional remedies-and he referred tC
re none other-to which the states were authorized
: to resort on such occasions, he concludes by say
- ing that Legislatures Of the States might have
~ made direct representation to Congress with
ly view to obtain a resembling of the two offensive
acts. or they might have represented to their re