The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1860-12-12

and where there Is no marshal 10 execute
il. and where, even if there were such an
officer, the entire population would consii
tute one solid onbnaiion resist him.
The bare enume ration of these provisions
proves how inadequate they are without
further legislation 10 overcome united OPP
position in single State, not to speak OF
other States who may place themselves IN
Il similar attitude. Congress alone has pow
er 10 decide whether the present laws can
or cannot be amended so as 10 carry ont
more efIectually the objects cl the Const- I
tuition
The same insuperable obstacles do not
lie in the way oi executing the laws for The
collection of the customs. The revenue
still continues TO be collected as heretofore,
at the custom house in Charleston; and
should the collector unfortunately resign a
successor may be appointed 10 perform this
duty.
Then, in regard to the property of the
United States in South Carolina. This has
been purchased for a fair equivalent, by the
consent of the Legislature of the State for
the erection Of forts, magazines. arsenals,'
&c, and over these the authority ito exercise
exclusive legislation has been expressly
granted by the Constitution to Congress
IL 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
cfthe forts has received orders to act strictly
on the defensive. In such 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 he the
relations between the Federal Government
and South Carolina. lie has been invested
with no such discretion. lie possesses no
power TO change the relations heretofore cx
isting between them much less to acknowl
edge the independence Of that State. This
would be to invest mere executive officer
with the power of recognizing the dissolu
ton of the Confederacy among our thirty
three sovereign States. 1t bears no resem-
blanee to the recognition Of foreign de fdcI0
Government, involving no such responsible
ty. Any attempt 10 do this would, on his
part, be naked act of usurpation. 1t Is,
therefore, my duty to submit to Congress
the whole question in all its bearings. The
course of events a. rapidly hastening for
ward, that the emergency may soon arise
when you may be called upon 10 decide the
momentous question whether you possess the
power, by force of arms, to compel State
to remain in the Union. | should feel my
self re:reant to any duty were | not to ex-
press an opinion on this important question.
The question fairly stated is Has the
Constitution delegated to Congress the power
to coerce q State in'o submission which is at
tempting to withdraw or has actually with
drawn from the Confederacy? If answered
in the Affirmative, it must be on the prin-
ciple that the power has been conferred up
on Congress to declare and make war against
State. After much serious reflection, |
have arrived ut the conclusion that no such
power has b5ep delegated TO Congress or to
any other department. of the Federal Gov
ernment. 1t is manifest, upon an inspection
of the Constitution, that this is not among
the specific and enumcrate ed powers grant
ed 10 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 pow
er having been delegated to COngress,i 1T was
expressly reGeted by the Convention which
framed the Constitution.
1t appears, from the proceedings Of that
body, that on the 3Ist May. 1857, the clause
"duthorizing az erertioH Of tie force Of tie
tck0Ee against Delinquent State" came uD
for consideration. Mr., Madison opposed it
in brief but powerful speech, from which
/ shall extract but n single sentence. lie
observed The use of force against State
would look more like a declaration cf war
than an iufliction of punishment, and wo'd
probably be considered by the party attacked
as Il dissolution of all previous compacts by
which it might be bound Upon this motion,
the clause was unanimously postponed, and
was never, l believe. again presented. Soon
afterwards, on the Sth June, 1877, when in
cidentally adverting to the subject he said /:
ANY Government for the United States,
formed on the supposed practicablity Of
using force against the unconstitutional pro-
ceedings OF the States, would prove as vision
ary and fallacious as the Government of Con
gress," evidently meaning the then existing
Congress of tue old Confederation.
Without descending to particL liars, II may
be safely asserted, that the power to make
war against a State is at variance with the
whole spirit and intent of the Constitution.
Suppose such war should result in the con-
quest of a State, how are we TO govern 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 Senators and Repre-
sentatives to Congress, and to perform all
the other duties depending upon their own
voliton, and required from the free citizens
of Il free State as u constituent member of
the Conlederacy.
But, ii we possessed this power. would it
be wise to exercise it under existing circum-
stances? The object would doubtless be
to preserve the Union. War would not
only present the most effectual means of de-
stroying T. but would bannish all hope Of
its peaceable reconstruction. Besides, in
the traternal conflict vast amount of blood
and treasure would be expended, rendering
future reconciliation between the States i'm
possible. In the meantime, who can forteil
what would be the suferings. and privations
of the people during its existence?
The fact is, that our Union rests upon
public opinion. and can never be cemented
by th blood of its citizens shed in civil war.
1t it cannot live in the affection of the people
/ it must one day perish. Congress possesses
-. -, 80 ,>f ,1rasarvino r. !, " cnnriIiatiou.