Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1860-12-08

Then in regard TO the property of the United
Statesi South Carolina. This has been purchased
for fair equivalent "by the consent of the legisa
ture of the State q for the erection OF forts maya
zines, arsenals" &c, andoyr these the authority
to exercise exclusive legislation has been express
" granted ~ the seonstitution to Congress- II is
not believed that any attempt will be made to expel
the United States from this property by force but
il in this should prove to be mistaken the ofhcer
in command of the forts has received orders to act
strictly on the defensive. In such contingency
the responsibility for consequences wond Flgntiuiy
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 au-
thorty to decide what shall be the relations between
the federal government and South-Carolina. lie
has been invested with such discretion. He pos
seSseS power to change the relations heretofore
existing between them, much less to acknowledge
the independence Of that State. This would be to
Invest a mere Executive officer with the power of
recognizing the dissolution of the Conederacy among
thirty-three sovereign States. 1t bears no re-
semblance to the recognition of foreign de tacto
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
init to Congress the whole question in all its bear
ings. 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 oy 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draw OF has actually withdrawn from the Confeder-
acv? II 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 a
State. After much serious reflection have arrived
at the conclusion that such power has been dele
n. ort,,, faf tho
federal government. 1t is manifest upon an lnspec-
ton of the Constitution 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 execution"
any one of these powers. So far from this power
having been delegated to Congress- it expressly
refused by the convention which framed the Consti
tuition
1t appears, from the proceedings of that body,
that the 31st May 1887. the clause authorizing
cxertion of the force of the whole against delin
quent State" came up for consideration. Mr. Madi-
son opposed it in brief but powerful speech. from
which shall extract bnt single sentence. He OBJ
served: 1.-The use Of force against State would
look more like declaration Of war than an inc-
ton of punishment; and would probably be consid-
cred by the party attacked as dissolution OF all
previous compactS by which it might be bound -
Upon his motion the clause unanimously post
poned and was never believe again presented
Soon afterwards, on the 9Th June, 1877, when incl
dentally adverting to the subject he said: ANY
Government for the United States, formed the
supposed practicabIy Of using force against the
unconstitutional proceedings of the States, would
prove visionary and fallacious rs 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
State is at variance with the whole spirit and intent
of the Constitution. Suppose such war should re-
Al e Mat
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
all the other duties depending upon their own Volt
tion and required from the free citizens of free
State as constituent member of the Confederacy.
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 effectual
OF destroying it. but would Danish all hope of
its peaccable reconstruction. Besides in the frater-
nal conflict a vast amount of blood and treasure
would be expended, rendering future reconciliation
between the States impossible. In the mean time
who can foretell what would be the suferings and
privations of the people during its existence?
The fact is that our Union rests upon public opln-
ion and never be cemented by the blood Of its
citizens shed in civil If it cannot live in the
affections of the people, it mnst day perish
Congress possess many means of preserving it by
conciation; 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 grandes temple which has
been dedicated to human freedom since the world
began? 1t has been consecrated by the blood Of
our fathers by tie gores of the past, and by the
hopes of the future. The Union has already made
us the most prosperous, and ere long, WILL il pre-
served, render us the most powerful nation 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 a foreign
land it the hearts Of our countrymen to swell
with honest pride Surely when reach the brink
Of the yawnng abyss we shall recoil with horror
from the last fatal plunge. BY snch dread catas-
trophe the hopes of the friends of freedom through
out the world would be destroyed and long night
of eaden despotism would enshroud the nations.
Our example for more than eighty years would not
only be lost; but it would be quoted as a conclusive
proof that man is unfit for selfgovernment.
1t is not every wrong-nay it is not every
grievous wrong-wbch can justify resort to such
fearful alternative. This ought TO be the last
desperate remedy of despairng people, after every
other constitutional means Of Cancellation had been
exhausted We should reflect that under this free
Government there is an ncessant ebb aud flow in
public opinion. The slavery question, like every
thing human, will have its day / firmly believe
that it has already reached and passed the culmi-
mating point. But il, in the midst of the existing
excitement, the Union shall perish, the evil may
then become irreparable. Congress can contribute
much to avert it by proposing and recommending
to the legislatures of the several States the remedy
for existing evils which the Constitution has itself
provided for its own preservation. This has been
tried at different critical periods of our history and
always with eminent success. 1t is to be found in
the 9TH article providing for its own amendment
Under this article amendments have been proposed
by twothrds of both houses of Congress- and have
been ratified by the legislatures of three-fourths
of the several States and have consequently become
parts of the Constitution. To this process the
country is indebted for the clause prohibiting Con-