Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-12-07

ton Of a single State. not 20 speak OF Other
States who MAJ place themselves in = simila!
attitude. Congress alone has power TO te
eide whether tie present laws can or canno'
ls amended Sd as 70 carry cct more chactu-
!, allv the objects Of the Constitution.
The same irsuperable obstacles do not liz
{ in the way of executing the laws f1r the col
o lection Of the customs. The revenue still
continues to he collected, rs heretofore at the
: custom houte at Charleston aud should the
, collector unfortunately resign, a successor
may be appointed to perform this duty.
Then in regard to the property q tao NJ
ted States in South Carolina This has been
purchased for a fair equivalent, "by the con
sent OF the legislature Of the State, for
the erection of forts, magazines, ars-nals,
&c, and over these the authority "to exsr-
else exclusive legislation" has been expressly
granted by the Constitution to Congress. =
Il IS not believed that any attempt will be
made to expel the United States from this
property bv force but il in this | should
prove to be mistaken, the officer IN command
1 Of the forts has received orders to act strict
" on the defensive. In such contingency
the responsibility fer consequences would
rightluily rest upon the heads Of the assail-
! ants.
Apart from the execution Of tbs laws, so
far as this may be practicable. the Fxecu-
tive 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 CT
listing between them, much less to acknowl-
edge the independence of that State, This
would be to invest mere Executive officer
with the power Of recognizing the dissolution
! Of the Contcdcracy among our SO sore-
/ erelgn States. 1t bears no resemblance Ia
the recognition ola foreign de tacto govern
ment, involving no such responsibility. ANY
attempt 70 do this would, on MS part. be a
naked act Of usurpation. Ii is, therefore
my duty to submit to Congress the whole
! question in all its bearings. The course of
events is So rapidly fastening forward, that
| the emergency may soon arise, when vou
may be called upon to decide the moment
/ oas question whether YOU possess taa power.
by force of arms, 10 compel a State to re,
main in the Union. | should feel myself re-
creant to my duty were not TO express an
| opinion on this important subject
The question fairly stated IS: Has the
the Constitution delegated 70 Congress the
/
IS attempting 60 withdraw or has actually
withdrawn from the Conlelerdcy? If an
| swered 10 the affirmative, i,must be on tho
| principle that the power has been conferred
upon Congress TO declare and 10 make war
against State. After much serious rcfao-
ton have arrived at the conclusion that no
suca power has been delegated to Congress
or to any other department Of the Federal
tn l.
spectlon Of the Constitution, that il is not
among the specific and enumerated powers
granted to Congress AMI it Is equally an
parent that its exercise Is not necessary and
proper for carrying into execution" any one
OF these powers. 50 tar from this power hav-
ing been delegated TO Congress, Il was OK
pressly refused by the convection which
framed the Constitution.
Ii appears from the urocaeiinrs of that
body, that on the 3lst of Nav. 1871. the
clause authorizing an crera07 Of he farce Of
me 'Ctole against delinquent STATE" came IN
tor consideration. Mr. Madison opposed il /
IN a brief but powerful speech, from which |
/ shall extract but single sentence. lie
observed " The use Of force AGAINST a State /
would look more like declaration Of war
than an infection ofpunishment. and woald /
PROBABLY be considered by the party attacked 7.
as dissolution Of all previous compacts by F.
winch II might be bound Upon his mo- |
uon' the clause was unanimously postponed !
and was never, | believe, again pressntei.
Soon. afterwards, on the Sth juno. 1877.
when. incidentally adyertug to the subject,
he said - Any Government for the United
States, formed on the supposed practicabilitv
Of using force against the unconstitutional
proceedings Of the States. would prove as
visionary and faIlacious as the government of /
Congress, evidently meaning the then ex. I
isting Congress Of the old con federation.
Without descending TO particulars, it may
be safely asserted, that the power to make
war against State is at variance with the
whole spirit and intent OF the Constitution
Suppose such a war should result in the con-
quest Of a State, how are We t. govern il
afterwards? Snail we hold it as province.
and govern il by despotic power? la the .
nature Of things We could not, by physical /
force, control the viii Of the people, and /
compel them to elect senators aud rerrcsan-
tatives to Congress. and to perform all the /
other duties depending upon their own
volition, and required from the free citizens
Of d free State as 4 constituent member of the /
Confederacy.
But, il We possessed this power, would II .
be wise TO exercise it under existing ciTcum-
stance? The object would doubtless be TO /
preserve the Union. War would not only .
present the most efectual means Of destroy /
ing it: but would Danish all hope of It's .
peaceablo reconstruction. Besides IN the |
fraternal conflict a vast amount Of blood and I
treasure would be expended, rendering Ia /
ture reconciliation between the States impos |
sible. In the meantime, who can f0retel! /
what would be the suFarings and priyltions |
of the people during its existence?
The fact is, that our Union rests upon |
public opinion, and can never be cemented By |
the blood Of It's citizens shed in civil war, If |
it cannot 1--we in the affections Of the people, |
il must one day perish. Congress possesses
many means for preserving it by concilia-
ton bat the sword was not placed il their .
hands to preserve IL by force.
But may be permitted solemnly to invoke .
my countrymen to pause and deliberate, be |
fore they determine 10 destroy this, the |
grandest temple which has ever been |
dedicated TO human freedom since the world /
began? It has been consecrated by the |
blood Of our fathers, BY the glorles of the |
past, and By the hopes of the future. The /
Union has already made US the most pros |
porous and, ere long, will, II preserved, rem /
der us the most powerful nation on the face |
OF the earth. In every lOIcI5u A0StoA VI tte !
globe the title OF American citizen Is held in |
the highest respect, and when pronounced |
in foreign land it causes the hearts OF our /,
countrymen to swell with honest pride. !
Surely when we reach the brink OF the yawn- |
ing abyss, we shall recoil with horror from
the last fatal plunge. By such dread ca
rph the hopes sa the o6 I1n6 5s d d! !5SS3Sn
and a long night of leaden despotism woald
eushroud the nations. Our example tor IN re
than eighty years would not only be I lost
but it would be quoted as conclusive PROOF
that man is unfit for selt-government,
1t is not every wrong-nay, 1t Is not every
grievous wrong-which can justify resort
to sucl fearful Alternative. fhls ought to
be the last desperate remedy Of a despalrlns,
peoplo. after every other constitutional
means Of Cancellation rad been exhausted
We should reflect that under this Tree OoY-
ernmeut there is an incessant ebb and How IN
public opinion. The slavery question, IKE
everything human, will have its day hrn,
" believe that 1t has already reaches ana