Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-12-05

ject. The question fairly stated il Has the
Constitution delegated to Congress the pow
er to c0erce IA State into SUBMISSION which il
attempting to Withdraw or has ;;ctlaIly with
dr~wn from The Coni.1eracysi Il answered
in the aft snaiivr. it mus: be on the principle
that the power has been conferred upou Con-
grcss TO declare and 10 make war against u
State After much serious re hec-io1, have
arrived at the conclusion that no sHca pow CT
has been delegated 1" Congress or to aay
other Department of ihe GOFernmeni. 1t is
manifest upon aH inspection at the Cons l.
tuition. that this is not among the specific and
enumerated powers granted to Congress. and
il is equally apparent tiat its exercise IL not
necessary aud proper for carrying into exc
cuiion any of these powers.
80 far from this power having been dele
gated tn Congress, it was expressly refused
by the Convention which framed the Cnnsti-
tuition. Ii appears frsm The proceedings 81
that body thai. on the 3Ist of May. 1887, the
clause authorizing All execution of the force
of The whole against d-liGqnent State came
up for consideration, MI Madison opposed
il in brief but powerful speech, from
which shall extract but single sentence.
He observed '1hit the us. OF force against
State Won d look more like u declaration OF
war thaa imficiiOn of punishment, and
would probably be consider d by tht party
attacked as dissolution OF all previous com
pacis by which it might be bound " Upon
his motion the clause Was unanimously posi-
poned and was never, | believe, again pre-
s.nipd. Soon afterwards, on the Szh OF june.
1887, whtn incidentally adverting 10 the sub
eli, he said any Government for The United
States formed on the sup Osed practicdbiiiiy
of using force against the constitutional pro-
ceedings of the States. would prove as Wis
ionary and fallhcious the G"veIBment of
Congress, evidently meaning The then exist
Ing Congress OF ti; old Confederation
Wifhpat string To particuiarize. 1t may
be safely asserted that the power 10 make
war against u State, is at variance with the
whole sp; rit and intent of the Constitution
Sippos. such u war would result IN the cor
qd-rIug a State. how are we To govern nc
afterwards Shall we hold it as a Province
and 90 ern it by desp' tic power? In the ma
ture of things we could not, by plylcal force.
control the whole of the people aud compel
them to elect Senators and Representatives
10 Congress. aud to perform ali the other
duties. depending upon their own volItlon
and require from the free e. liz ms OF a free
State a. constituent member OF the Con-
iederacy. But il We p ss"ssed this power.
would il be wise 10 exeIcis it under existing
circumstances The object would dOutiesS
be to preserve the Union. War would not
only present the most eff, ctual means Of de-
stroying it, but would Danish all hope OF its
t-rnal conf CT, q Contest of blood and treas
IRE would be expected. rendering further re-
Cancellation between the States impossible.
In the meantime who can foretell what
would be the sufferings aud privations of The
people during its existence. But may l te
prrmitte sol mnly TO invoke my country
men to pause. and deliberate before they de-
term ne to destr y thi., the grandest tempe
which has ever been dedicat TO human
II hsa b..au
eonsrcrated by the blood Of our fathers, by
the glories of the past and by The hopes uf
the future. The Union has already made us
the most prosperous aud ere long will if
preserved render Us the most powerful na-
tea on che face of the earth. Iu every for
eiga r-gion of the Globe, the title OF Amer
lean Citizen is h Id in the highest respect,
and when pronounced IN foreign land, il
Ca ses the hearts of our country men 10 swell
with honest prid surely when We reach the
brink of the yawnIIg abyss We shall recoil
vita horror from the last fatal plunge. By
snch dread catastrophe, the hopes OF th
friends of freedoE throughout the world
would be destroyed and long night OF
ieaden despotism would enshFOud the ma
tions.
Oar Il ample for more than eighty years
would not only be lost, hut 1t wnGld be quo
ted as IA conclusive proof that maa is unfit
nay il is not ev ~ gricvous wrong which
can justify a resort 10 such u fearful alter
iaative. This ought to he The last desperate
rem ,dy of despairing people, alter every
other constitutional means OF Cancellation
had been exhausted. We should ref ct that
under this tree government there is an incea-
saut ebb and flow ia public opinion. The
slavery question, like everything human,
will have it's day. iFmly believe that it la,
H., fh.5 ,ltni1 n
paint, but it ia ihe midst of The existing ex-
citement. the Union shall perish, The evil
may then b, come irreparable. Congress
can contribute mnch TO avoid it by propos-
ing and Recommending to the Legislatures
of several States ihe remedy for existing
evils which the Constitution has itself pro-
gid,-d for its OWL preservation. This has
been tried at diff rent critical periods OF our
history, and always with tmiaent success.
Il is to b. found in he fifth article, provi-
Hug for its own amendment. Under this ar
tiuie amendments have been proposed by
twO-IhiTds of both houses Of COgress, and
have been ratii, d by the Legislatures vi
lhree-fourths OF the several States, and have
consequently become parts Of the ConsIitu-
ton. To this process tn country lie iudeb. ed
for the clause prohibiting Congress from
passing any laws respecting an establishment
of religion, of alb. idging the freedom OF
speech or of the press, or OF the right OF pc
tiIion.
Though we are also indebted for the rights
which secures the people against any abuse
of power BY the Federal Government, such
were the apprehens:on> justly entertained By
the friends of Stale Rights at that period as
to have rendered il extremely doubtful
whether the Constitution could have long
survived without these amendments. Agail
the Constitution was amended by The same
LII nj I-.f r
son by the House Of Representatives in Feb
ruary, 1903 This amendment was rendered
necessary TO prevent he re-occurrence of the
dangers which had seriously threatened the
existence of the Government during the pen
dency of that election. The action for It's
own amendm. mt was intended TO secure tn
amcable adjusl m Mt of conflicting constitut
tional questions like the present, which Nigh
arise between the Government of the States
and that of the United States. This appears
from contemporaneous history in tins con-
aecliOn. s1.
/ shall merely call attention TO few sen
fences in Mr.. Madsons justly celebrate re-
port iu 1779, TO the Legislature OF Virginia.
| In this be ably and cenclusively defended The
resolutions of The preceding Legislature
against the structures OF several other Stare
Legislatures. These Were mainly founded
upon the protest Of the Virgiuia Legislature
against the Alien and SeditIOu acts as pal
pable aud alarming infractions of the Con-
stitution. In pointing to the peaceful and
Constitutional remedies, and he referred to
| aeae others, 10 which the States were autho-
| rized to resort on such occasions, he con
Guides by saying that the Legislatures of the
States might have made direct representa-
ton to Congress with view to obtsin a re-
scinding of the two offensive acts, or they
| might have represented TO their respective
Senators in Congress, their wish that two
thirds thereof would have proposed an ex-
planatory amendment to the Constitution. Or
two-thirds of themselyea, if such had been
their option, might by an application to