Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1860-12-06

much less to acknowledge the Independence of that
State. This would be to invest mere Executive Of
er with the power of recognising tho dissolution OF
tho Confeseracy aaong our thirty. three sovereign
States II bears no resemblaase to tho recognition
of d foreign Dc tavo government, involving such re-
sponsibility. Any attesppt do this Won on his
part, bo naked act Of usurpaHon. 10, hs,eforo, my
aty 10 subms to Congress tie whole question In all its
bearings The Of events 10 rapidly fastening
forward, fiat Che emergency may soon arise. when you
may be called upon to decide the lnoInentos question
whether you possess the power by force Of arna to
compel q State to remain in Che Onion. ! should
feel myself rscrcant to my duty not to express an
opinion on this important subject.
| The question fairly stated is: Has tho Constitution
delegated to Congress the power to State into
submission which Is attempting TO withdraw or has &C
tuay withdrawn from the Confederacy' II answered in
the affirmative, 1t must be the principle that the
has been conferred upon Congress to declare and
to make against State. After much serious refec
ton have arrived at the conclusion that such power
has been delegated to Congress to any other depart
ment of tho Federal Goysnment Il Is manifest, upon
inspection Of the Constuton that this is not among
tho specific and enumerated powers granted to Congress
and 10 equally apparent that its exercise not neoes
sary and proper for carrying into execution any of
these powers. So far from this power having been dele
gated to Congress. it expressly refused by tho
ycntion which framed the Constitution. ..-
1t appears from the proceedings Of that body, that
the slst May, 1887, the clause 'aaorisng ezeon Of
The force Of Ne ,eAoe against delinquent SAFE up for
consideration Mr. Madison opposed 1t in brief but
powerful speech, from which shall extract bat single
sentence He observed: 'TIe Of force against
State would look like declaration of than
infcton punishment and would probably be considered
by the party attacked dissolution of all previous
pacs by which 1t might be bound" Upon his motion
the clause unanimously postponed, and was never
believe again presented. Soon Afterwards on the Sth
june 1887 when incidentally adverng to the subject he
said Any Government for the United States, formed on
the supposed practoaby Of using force against the
constitutional proceedings of tho States would prove
visionary and llacous tho government of Congress-
evdeny meaning the then existing Congress of the old
| Confederation. r. a.."-a
wjihnt descending to particulars it may be safely as
sosJ thu, the power to make war against State is at
.ss s,,, .Io 10 spirit and intent of the Constitu
t,n s, va, sboon result in the conquest
a tstatb hBvs ate we 10 govern IL acrwe.1 snail
we hold II province, dnd govern IL by despotc pow
err In tho nature OF things we could not, by physical
force control the will of the people, and compel them to
elect senators and representatives TO Congress- and TO
form all tbs other duties depending upon their own wolf
ton and required from the free citizens of free State as
| a constituent member of the Confedefacy.
rut II we possessed this power, would it BIO wisc TO
exercise 10 under ozistpg circ,instdncesf The object
would doubtless be to preserve the Union War would
not only present the most efecual means OF destroying
III but wod Danish oil hope of is peaceabo reoonstruc
ton Rides, In the fraerr1al conflict vast amount OF
blood aud treasure would be expended rendering future
reconciliation between the States impossible in the
mean time who can tcfcte what would he the suerings
and privatons Of the people during It's ezstefce'
The fact is that Union rests upon public opinion,
shed in civil II unot live in the affections Of
ME people, il must one day perish Congress- Posses
sword was not placed In their hand to preserve 1t by
| force. .,,....,..... -. 81. 49, ..
But may te rstrittsi soleulny to invoke my coun-
rymen to pause and dcliberaG tfcrh they determine
to destroy this the granes temple which has 5+bf BEEN
dedicated to human freedom since the world began 1t
has been oonsected by tho blood of fathers by the
glorics of the past and by the hopes of the future The
Union has already made the most prosperous and,
long, WILL il presses we'd, reider us the most powerful
| ton on the fdce OF Hhb earth In every ftteisn 70
gion of the globe tho title OF American dissn is held
in the highest respect and when pronounced 10 for
eign land II the heafts Of our countrymsn to
swell with honest pride. Surely when reach the
brink Of the yavning abyss, shall rscol with horror
from the last fatal plunge By such dread catastrophe
the hopes Of the rsads Of freedom throughout the world
would DO destroyed. and long night Of lssdoa despot
ism would enshroud the sstons Our example for more
than eighty would not only b lest bat would
be quoted conclusive proof that man Is unit for self
government. Aa-fsl ..Fr...r
1t is not every wroug-nay, Is not every grievous
wrong-which can Justify resort to such fearful alter
native. This ought to he the last desperate remedy Of
d.spniring people, after every other constitutional means
Of oonciliadon had boon exhausted We should reflect
that under this free Government there IL incessant
ebb and flow 10 public opinion. Tho slavery Question,
like everything hrG.sn, will have It's day. firmly be-
eve that it has already reached and passed the culm
mating pent But If, in the midst Of the existing
element the Union shall perish, the evil may then be-
|
it by proposing and recommending 10 the legislatures of
the several States the remedy for existing evils which
the Constitution has itself provided for It's preserva
ton. This has been tried at different critical periods of
our history and always with eminent 1t is to
he found in the 9th article providing for its amend
! ment. Under this article amendments have been pro.
posed by twothds Of both houses of Congress- and have
been ratied by the legislatures of thrceforhs of the
several States and have consequently become parts
of the Constitution. To this process the country is in
debed for the clause prohibiting Congress- from passing
any law respecting establishment of religion abridg.
ing the freedom Of speech of the PRESS of the right
of petition To this arc, also indebted for the Bill of
Rights which the people against any abuse of
power by the Federal Government. Such the ap-
prehcnsions justly entertained by the friends of State
rights at that period to have rendered 1t extremely
doubtful whether tho Constitution could have long
vived without these amendments. ...-
Again. the Constitution amended by the some pro-
after the election of President Jefferson by the House
of Representatives in February, 1903 This amendment
rendered necessary to prevent recurrence of the
dangers which had seriously threatened the existence of
the during the tendency of that election The
article for its amendment intended TO the
amcabe adjustment of conflicting constitutional questions
like the present. which might arise between the gQyern
ments of the States aud that Of the United States. This
appears from contmporaneous history In this connec-
ton, shall merely call attention to few sentences In
Mr.. Hadisons justly report In i799 TO the
legislature of Virginia In this he ably and concusvey
defended the resolutions Of tho preceding legislature
against the structures of several other State Legislatures
Tneso were mainly founded upon tho protest Of the
Virginia legislature against the 'Alien aud Sedition
Constitution. In pointing out the peaceful and
constitutional remedies and lie referred to other,
to which the States authorized to resort such
| occasions, he concludes by saying, 'that tho Iegs
latues of the States might have made direct repre-
scnation to Congress with view to obtain resembling