The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1860-12-05

&c and these the authority "to exercise exclusive
has been expressly granted By the cOnstitu
will be made to expel the United States from this prop
.ry by forces but in this should prove to be mistaken
the officer in command Of the forts has received orders
act strictly the defensive In such contingency The
for consequences would rightfuly rest
sas nSaoS he e ~ he
be the Executive has no authority to decide
what shall be the relations between the federal
ment and South Carolina He has been invested with
no such discretion. He possesses power to change
the relations heretofore existing between them much
less to acknowledge the independence Of that state
This would be to invest Executive officer with
the Of recognising the dissolution Of the Confeder
acy among our hirty-three sovereign States bears
resemblance to the recognition Of foreign dc cto
government involving no such responsibility. Any at
tempt to do this would, his part be naked act Of
usurpation. 1t is therefore duty to submit to Con-
grefs the whole question in all its bearings. The
Of events rapidly Fastening forward that the
decide question whether you possess the
power by force Of ams to compel State to remain in
were not to express an opinion this important
subject.
The question fairly stated ir: Has the Constitution
delegated to Congress the power to State into
submission which is attempting to withdraw has
tually withdrawn from the Confedsracy? II answered
in the ormatvs it must be the principle that the
power has been conferred upon Congress declare and
to make against State. After much serious refec-
on have arrived at the conclusion that ro such power
has been delegated to Congress to other depart
ment Of the Federal Government. It is manifest upon
inspection Of the Constitution that this is among
and it is equally apparent that its exercise not
ay and proper for carrying execution" any
these powers So far from this power having been dele
gated to Congres it was expressly refused by the
vention which framed the Constitution.
the 3ist Nay i7s7, the clause sGuthorIsio an e.sr.
tio. Of tho force Of the eohole against delinquent
State" came up for consideration. Mr.. Madison op-
posed 1t in brief but powerful speech from which
shall extract but single sentence. He observed: The
of force against State would look like dec.
would probably considered by party attacked as
dissolution Of all previous compacts by which might
ly postponed and never believe again presented
Soon afterwards, on the 9Th june 17e7 when incden
tally adveising to me subject, ne said; ANY Govern
tcab of using force against the
eeedings of the States would prove as visionary and fall
meaning the then existing Congress of the old Confede
ration.
serted that the power to make war against State at
variance with the whole spirit and intent of th Constu
of State how we to govern it afterwards? Shall
hold it province, and govern 1t BY despotc pow
err In the nature Of things we could not by physical
elect senators and representatives to Congress- and
perform all the other duties dependig upon their
as a constituent member of the Confederacy.
But, possessed this power would it be wise to
ercise it under existing circumstances? The would
doubtless be to preserve the Union War would not
ly present the most ecual means Of destroying it, but
would Danish all hope Of its peaceabe reconstruction.
and treasure would be expended rendering future
ciiation between the States impossible In the
time, who forete what would be the suerngs and
privations Of the people during its existence!
The fact is, that Union rests upon public opinion
and never be cemented by the blood of its citizens
shed in civil war. If 1t cannot live in the affections Of
he people, it must one day perish. Congress possess
many means Of preserving it by conciliaon; but the
sword was not placed in by force
But may be permitted solemnly to invoke my coun %
rymen pause ar before they determine to
destroy this the grandes. Temple which has ever beer
laJso hmm Qirra IA
has teen consecraed by the blood OF fathers by tbs
gloies of the past and by the hopes of the future The
Union has already made the most prosperous and
long, will, il preserved, render us the most powerful ma
on the face of the eath In every foreign region
the globe the title Of American citizen is held in tn,
highest respect and when pronounced in foreign lani
it the hearts Of countrymen to swell will
honest pride. Surely, when We reach the brink of tn,
aby IS, shall recoi with horror from the las
fatal plunge. By such dread catastrophe, tie hopes
the frieLds of freedom throughout the world would b
enshroud the nations Our for more than eight
years would only be lost but h would be quoted
Conclusive proof is unfit for self government
It is not every wropg-nay, it is not every grevou
justify resort to such fearful alter
native This ought to be the last desperae remedy of
desparng people, after every other constitutional
of conclation had been exhausted. We should refec
that under this free Government there is
like every thing human will have its day firmly be
eye thatt has already reached and passed the cumina
ting point. But if, in the midst of the existing excite
ment, the Union shall perish the evil may then becom
irreparabe. Congress contribute much to aveitit
proposing and Tecommendns 70 the LEGISLATURES Of tn
Constitution itself provided for its
This has tried at different critical periods of
history, and always with eminent success. 1t is to
found in the 5h article providing for its amendment
Under this article amendments have been proposed b
two-thirds of both houses of Congress- and bee
ratified by the legislatures of the sev
era States and have consequently become parts of tn
for the clause prohibiting Congress from passing any a
respecting establishment of religion abridgng tn
freedom speech of the press Of the right pet
ton To this also indebted for the Bill of Rights
which secures the people against abuse of power
the Federal Government Such were the Apprehension
justly by the friends Of State Rights at tn:
the Constitution could have long survived without thes
amendments.
Again. the Constitution amended by the same pr
cess after election OF President Jefferson the Hou
of Representatives, in February, 1903. This amend
rent rendered necessary to prevent recurrence
the dangers which seriously threatened the exsten
the Government during the pendency of that election
The article for its own amendment was intended to-
cure the amicabe adjustment conflicting constitutions
questions like the present, which might arise betwee
the governments Of the States and that of the Unite
In this connection, shall merely call attention 70
sentences in Mr.. Madison's justycelebrated report
l7e9 the legislature of Virginia. In this he ably
conclusyely defended the resolutions Of the precedn
legislature against the structures of several other Sta
legislatures. These were painly founded upon the pr
test of the Virginia legislature aganit the ALLEN an
edition Acts" 'palpable and alarming infractions
the Constitution In pointing out the peaceful
constitutional remedies and he referred to other
which the States authorized to resort such o,
casiop, he concludes bysaying THAT the legislatures
the States might have made direct representation
Congress with view to obtain resembling Of the tw
offensive acts, they might have represented to the
respective senators in Congress their wish that two hr
thereof would propose explanatory rdment to Il
Constitution, two-thrds Of themselves if such h,
been their option might by application to Congres
have obtained convention for the same object"
This is the very course which earnestly recommend
order to obtain Explanatory endment of the Co
stitution the subject of slavery This might orgina
with Congress the State legislatures may deem
most advisable to obtain the object
The explanatory amendment might be confined to q
final settlement of the true construction of the Constit
tion on three special points:
l. An express recognition Of the right Of property
slaves in the States where it exists may herea
! exist
Territories throughout their territorial existence,
until they shall be admitted States into the Unio
with without slavery, as their constitutions may pr
scribe.
g. like recognition Of the right Of the master ha
his save,who has escaped from State to another,
stored s'delvered up to him, and of the validity
fugitive slave law enacted for this purpose togeth
with declaration that all State laws imparing or
fsating this right violations Of the Constitution,
are consequently null and void.
It may be objected that this construction Of the Co
stuton has already been settled by the Supreme Cou
Of the United States, and ought to be requires
The that very large proportion of the peop
decision, and never will cease from agitation and adm
binding force until clearly established by the peop
the several States in their sovereign character Sue
explanatory amendment would, it is believed forev
the existing dissensions and restore
! harmony among the States.
It ought to be doubted that such appeal to Il
arbirament established by the Constitu ton itself
all he NJ Gnpf