Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1860-12-15


sent of the Legislature of the State" " for
&C., and over these the authority " TO exer-
else exclusive Legislation 4" has been express.
ly 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 right
fully 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 authority to decide what shall be the
relations between the Federal Government
and South Carolina He has been invested
with no such discretion. He possesses no
power to change the relations heretofore cxis-
ting between them, much less to acknowledge
the independence Of that State This would
be to invest mere Executive officer with the
power of recognizing the dissolution of the
Confederacy among our thirty three sovcr-
eign States. 1t bears ne resemblance to the
recognition of foreign dc fttcto government; :;
involving no such responsibility. Any at.
tenn do this would, on his part, be a ma
kcd sc IF usurpaton. 1t is, therefore, my
duty to submit to Congress the whole question
i'll all its bearings The course of events is
so rapidly Fastening forward, that the emer-
gcncy may soon arise, when you may be call
ed upon to decide the momcntous question
whether you possess the power, by force of
arms, to compel State to remain in the
Union. | should feel rnysclf rccrcant to my
duty were | not to express an opinion on this
Important subject.
The question fairly stated is Has the Con
stitution delegated to Congress the power to
cocrce State into submission which is at
tempting to withdraw or has actually with
drawn from the Confcdcracy? If answered
in the affirmative it must be on the principle
that the power has been conferred upon Con
grcss to declare and make war against State.
After much serious reflection | have arrived
at the conclusion that no such power has been
delegated to Congress or to any other depart
ment of the Federal Government 1t is
manifest, upon an inspection of the Constitu-
ton, that this is not among the specific and
enumerated powers granted to Congress- and
it is equally apparent that its exercise is not
necessary and proper for carrying into exc
cution any one of these powers SO far
from this power having been delegated to
Congress, it was expressly refused by the
convention whch framed the Constitution
1t appears, from the proceedings of the
body that on the 3lst May 1887, the clause
:" authorizing an cXcrion Of the force of the
Whole against delinquent State" came up
for consideration. Mr.. Madison opposed it
in brief but powerful speech, from which I
shall extract but single sentence He OBJ
served "The use of force against State
would look more like a declaration of war
than an inflictioa Of punishment; and would
probably be considered by the party attacked
aS = dissolution Of all previous compacts by
whicl, ut It m,ynt he bound Upon his mo
tion the clause unanimously p653&t2appSs 6535t t3&t2appsd i
and was never believe, again prcscntcd.-
Soon afterwards, on the Sth of June, 1887
when incidentally advcrting to the subject, he
sad: Any Government for the United
states, formed on the supposed practicabiltv
OF using force against the unconstitutional
proceedings of the State would prove as vi
slonary and fallacious as the government OF
Congress- evidently meaning the then exis
ting Congress of the old Confederation.
Without descending to particulars, it may
be safely asserted that the power to make wal
against State is at variance with the whole
sp'nt and intent of the Constitution. Sun
pose such war should result in the conquest
OF Il State, how are we to govern it taftcrwards
Shall we hold it as province, and govern il
by dcspotic power? In the nature of things
we would not by physical force, control the
will of the people, and compel them to elect
senator and representatives to CONGRESS-. and
to perform all Che other duties depending m.
on their own voliton, and required from the
free citizens of free State as Il constituent
member of the Confcdcrncy.
But If we possessed this power, would it be
wise to exercise it under existing crcum.
ces! The object would doubtless preserve
the Union. War would not only present the
most ciiectai means of destroying it, but
would Danish all hope OF its pcaccablc recon.
structlon. Besides, in the iratcrna conflict
vast amount of blood and treasure would be
expended, rendering future reconciliation be-
tween the States impossible. In the mean.
time, who can foretell what would be the suf
ferlnGs and prlvations of the people during it's
existence?
The fact is, that our Union rests upon pub
iIc opinion, and can never be cememtcd 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 possesses
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 solcmnly to invoke
my countrymcn to pause and deliberate, be-
lore they determine to destroy this the grand
est temple which has ever been dedicated to
human freedom since the world began? 1t
has been consecratcd by the blood of our faith
ers, by the glories of the past, and by the
hopes of the future The Union has already