The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-12-11

among the people has been demolished and it would
| be difficult, if not impossible to replace it.
The only acts of Congress the statute book,
bearing upon this subject. those of the 28th of
February, l795. and Sd March, 1907. These au-
thorize the President, after he shall have ascertain
ed that the Marshall with his posse comatus is
able to execute civil or criminal process in any par
ticuar to call forth the militia and employ
the army and navy to aid him in performing this
vice, having first by Proclamation commanded the
insurgents Ito dispense and retire peaceably their
respective abodes, within limited time" This du-
ty cannot by possibility be performed in State
where no Judicial authorities exists to issue process,
and where there is no marshal to execute it, and
where, even if there we're such officer the entire
population would constitute one solid combination
to resist him.
The bare enumeration of these provisions proves
how inadequate they without further legislation
to overcome united opposition in single State
not to speak of other States who may place them
selves in a similar attitude. Congress alone has
power to decide whether the present laws can
cannot be amended so to carry out more effetual
ly the objects of the Constitution.
The same nsuperable obstacles do not lie in the
way of executing the laws for the collection of
the customs. The revenue still continues to be col
lected heretofore, at the custom house in Char
eston ard should the collector unfortunately resign,
a successor may be appointed to perform this duty
Then in regard to the property of the United
States in South Carolina. This has been purchas
ed for fair equivalent, "by the of the Leg
slature of the State" 'for the erection Of forts
magazines, arsenals.' &C., and over these the au-
thority to exercise exclusive legislation has been
expressly granted by the Constitution to Congress
1t is not believed that any attempt will be made to
expe the United States from this property by force;
but if in this should prove to be mistaken, the Off
Ger in command of the forts has received orders to
act strictly ON the defensive In such contingent
cy, the responsibility of consequences would rightly
rest upon the heads of the assailants.
Apart from the execution of the laws, so far as
this may be practicable, the Executive has
thorty to decide what shall be the relations between
the Federal Government and South Carolina, He
has been invested with no 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 mere Executive officer with the power of
recognizing the dissolution of the Confederacy
among our thirty three sovereign States 1t bears
no resemblance of the recognition of foreign de
factu govern ment, involving such responsibility
Any attempt to do this would, on his part, be
ked act of usurpaton. 1t is therefore. my duty to
submit to Congress the whole question IN all its
| bearings The of events is rapidly hasten
ing forward. that the emergency may soon arise
when you may be called upon to decide the momen
tous question whether you possess the power, by
force of arms to compel q State to remain in the
Union. | should feel myself recreant to my duty
were not to express opinion this important
subject.
The question fairly stated is Has the Constitution
delegated Congress tire power to State into
submission which is attempting to withdraw or has
actually withdrawn from the Confederacy? If answer
ed in the affirmative, it must be the principle that
the has been conferred upon Congress declare
and make against State. After much serious
reflection have arrived the conclusion that such
has been delegated Congress any other de-
partment of the Federal Government 1t is manifest
upon inspection 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 execu
ton" any of these powers So far from this power
havip hoo dole to
fused by the Convention which framed the Constitution
1t appears from the proceedings of that body that
the 3lst May 1877, the clause 'authorizing
ton of the force of the whole against delinquent
State came up for consideration. Mr. Madison Oppos
ed it in brief bat powerful speech, from which shall
extract but single sentence. He observed: The use
of force against State would look more like decara
ton of than annfliction ofpunishment; and would
probably be considered by the party attacked dis
solution of all previous cOmpacts by which ii might be
bound" Upon his motion the clause was unanimously
postponed and never, believe, again presented
Soon afterwards the 9Th of June, 1887 when incl
denally adverting to the subject, he said ANY Gov
eminent for the United States formed on the supposed
practcaby of using force against the unconsttuton
al proceedings of the States, would prove visionary
and llacious the government fCongress, evident
ly meaning the then existing Congress of the old Con-
federation
Without descending particulars. it may be safely
asserted that the power to make against State is
variance with the whole spirit and intent of the Con-
stitution. Suppose such shoud result in the
conquest of State how to govern afterwards?
Shall hold it province and govern by despotic
power? In the of things could not, by ply
steal force. control the will OF the people, and compel
them to elect Senators and Representatives Congress
and perform all the other duties depending upon
their voton, and required from the free citizens
of free State constituent member of the Conted
eracy.
But if possessed this power would be it wise to
exercise it under existing circumstances? The object
would doubtless be preserve the Union. War would
only present the eectual means of destroying
it, but would Danish all hope of its peaceable
structOn. Besides, in the fraternal conflict, a vast
of blood and treasure would be expended
dering future reconciliation between the States impos
sibe. In the meantime, who foretell what would
be the suferings and privatons Of the people during
its existence?
The fact u.s. that Union upon public opinion
and be cemented by the blood of its citizens
shed in civil If it live in the affections of
the people, it must day perish Congress possesses
many means of preserving it by Cancellation; but the
sword placed in their hand preserve it by
force.
But may be permitted to soemnly invoke my coun-
trymen pause and deliberate before they determine
to destroy this the grandest temple which has been
dedicated to human freedom since the world began? 1t
has been cunsecrated by the blood of fathers by
the gores of the past and by the hopes of the future
The Union has already made the prosperous
and, ere long, will, if preserved render the
powerful nation on 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
foreign land it causes the hearts of countrymen
to swell with honest pride. Surely when reach the
brink of the yawnng abyss shall recoil with horror
from the last fatal plunge By such dread catastro-
phe the hopes of the friends of freedom throu the
world would be destroyed and long night of leaden
despotsm would enshroud the nations. Our example
for more than eighty would be lost, but it would