Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1860-12-12

zines. arsenas." &C., and over these the authority
TO exercise exclusive Legislation" has been express
IL granted by the Constitution to Congress 1t is
not believed that any attempt will be made to expel
the United States from this property by force but
if in this should prove to be mistaken the officer
in command of the forts has received orders to act
strictly on the defensive. In such a contingency,
the responsibility for consequences would rghtfully
rest upon the heads Of the assailants.
Apart from the execution of the laws, so far as
this may be practicable, the Executive has no al-
thoitv to decide what shall be the relations between
the federal government and SouthCarolina. He
has been invested with no such discretion He pos
sesses power to change the relations heretofore
existing between them, much less to cknowledge
the independence Of that State. This would be to
invest a mere Executive officer with the power of
recognizing the dissolution of the Confederacy among
our thirty-three sovereign States 1t bears no re-
semblance to the recognition of foreign de Tdcto
government involving no such responsibility. Any
attempt to do this would, on his part, be naked
act of usurpation 1t is therefore, my duty to sub
nit to Congress the whole question in all its bear
iags. The course of events is so rapidly fastening
forward, that the emergency may soon arise, when
you may be called upon to decide the momentous
question whether you possess the power, 10y force OF
arms to compel State to remain in the Union.
should feel myself recreant to my duty were not
to express an opinion this important subject.
The question fairly stated is: Has the Constitu-
ton delegated to Congress the power to coerce
State into submission which is attempting to with
draw or has actually withdrawn from the Confeder-
acv? If answered in the affirmative, it must be on
the principle that the power has been conferred up
on Congress to declare and to make war against
Stat. After much serious reflection have arrived
at the conclusion that no such power has been dele
gated to Congress to any other department of the
federal government. 1t is manifest, upon an lnspec
Al ~ xl>oki
specific and enumerated powers granted to Congress;
and it is equally apparent that its exercise is not
Unnecessary and proper for carrying into executtonHS
any ono of these powers. So far from this power
having been delegated to Congress- it was expressly
refused by the convention which framed the Consti-
tuition.
1t appears, from the proceedings of that body,
that on the 3lst May, 1885, the clause authorizing
an exertion of the force of the whole against den
Quent State" came up for consideration. Mr.. Mad
son opposed it in brief but powerful speech. from
which shall extract but single sentence. He OBJ
served: THE use of force against State would
look more like declaration of war than an intiic-
ton of punishment and would probably be consid-
cred by the party attacked a dissolution of all
previous conpacts by which it might be b,und."-
Upon his motion the clause was unanimously post
poned, and was never believe, again presented
Soon afterwards on the 9Th June. 1877, when Incl
Government for the United States, formed on the
supposed practicabilily of using force against the
unconstitutional proceedings of the, States, would
prove rs visionary and fallacous the government
of Congress" evidently meaning the then existing
Congress of the old Confederation.
Without descending to particulars, it may be safe
ly asserted, that the power to make war against a
State is at variance with the whole spirit and intent
of the Constitution. Suppose such war should re-
suit in the conquest of State, how to gov
| ern it afterwards? Shall we hold it as province
and govern it by despotic power? In the nature of
things we could not, by physical force control the
will of the people, and compel them to elect sena-
tors and representatives to Congress- and to perform
al! the other duties depending upon their own Volt
ton, and required from the free citizens of free
! State as constituent member of the CoDtderacy.
! But, if we possessed this power would it be wise
to exercise it under existing circumstances? The
| object would doubtless be to preserve the Union
War would not only present the most etfectual
means OF destroying it, but would Danish all hope Of
its peaceabe reconstruction. Besides, in the fratcr-
! nal conflict vast amount of blood and treasure
! would be expended rendering future reconciliation
, between tue States impossible. In the mean time,
who can foretcll what would be the sufferngs and
privatons of the people during its existence?
The fact is that our Union rests upon public opln-
ion, and can never be cemented by the blood of its
citizens shed in civil war. If it cannot live in the
affections of the people, it must one day perish
Congress possess many means of preserving it by
Cancellation; but the sword was not placed in their
hand to preserve it by force.
But may be permitted to invoke my country
men to pause and deliberate before they determine
to destroy this, the grandest temple which has ever
been dedicated to human freedom since the world
began? 1t has been consecrated by the blood OF
our fathers by tie glories of the past and by the
hopes of the future. The Union has already made
us the most prosperous, and ere long, will, if pre-
served. render us the most powerful nation on the
face of the earth In every foreign region of the
globe the title of American citizen is held in the
highest respect and when pronounced in foreign
land it causes the hearts of our countrymcn to swell
with honest pride. Surely when we reach the brink
of the yawning abyss, we shall recol with horror
from the last fatal plunge. BY such dread catas-
trophc the hopes of the friends of freedom through
out the world would be destroyed and long night
of leaden despotism would enshroud the nations
Our example for more than eighty years would moi
only be lost; but it would be quoted conclusive
proof that man is unfit for self-government.
1t is not every wrong-nay. it is not every
grievous wrong-which can justify resort to such
fearful alternative. This ought to be the las
desperate remedy Of despairing people, after every
other constitutional means of Cancellation had beer
exhausted. We should reflect that under this free
Government there is an incessant ebb and flow II
public opinion. The slavery question, like every
thing human will have its day firmly believ,
that it has already reached and passed the culmi
mating point But if in the midst of the existln,
excitement, the Union shall perish, the evil maj
then become irreparable. Congress can contribute
much to avert it by proposing and reconmendn,
to the legislatures of the several States the remedy
for existing evils which the Constitution has itsel
provided for its own preservation. This has beer
tried at different critical periods of our history, AM
always with eminent success. 1t is to be found il
the 9Th article providing for its own amendment
Under this article amendments have been proposes
by twothrds Of both houses of Congress, and hav
been ratified by the legislatures Of three-fourth
ofthc several States and have consequently becom
parts of the Constitution. To this process tn
country is indebted for the clause prohibiting Con
gress from passing any law respecting an establish
ment Of religion abridging the freedom of speec
of the press, or of the right Of petition To thi
are. ALSO indebted for the Bill of Rights, whic