The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1860-12-13

place H.
The only acts of Congress on the statute
book, bearing upon this subject, are those OF
the 2Sth of February. 1875, and Sd March
| 1907. These authorize the President, after ne
shall have ascertdined that the marshal. with
his posse cOmitatus, is unable to execute civil
or criminal process in any particular case, to
call forth the militia, and employ the army and
navy to aid him in performing this service,
having first, by proclamation, commanded the
Insurgents to dispcrse, and retire peaceably ID
their respective abOCes, within Il limited time.
This duty cannot by possibility be performed
IN the State, where no judicial authority eX-
lists TO issue process, and where there IS no
marshal 10 execute it, and where, even if there
were such an officer, the entire population
would constitute one solid combination to re-
sist him. The bare enumeration OF these pro-
visions proves how inadequate they are with
out further legislation to overcome united
opposition in Il single State, not to speak of
other States who may place themselves in
similar attitude. Congress alone has power
to decide whether the present laws can or can
not be amended so 10 carry out more etfec-
tually the objects of the Constitution. The
/ same insuperable obstacles do not lie in the
way of executing the laws for the collection
/ OF the customs. The revenue still continues
! to lie collected as heretofore, ut the Custom
/ House, IN Charleston, and should the collector
| unfortunately resign, a successor may be ap-
! pointed 10 perform that duty:
Then, in regard TO the property OF the Uni
/ ted states in South Carolina. This has been
! purchased for fair equivalent by the consent
OF the Legislature of the State, for the erection
/ Of forts, arSenals, &c., and over these, the au
! thoritv to exercise exclusive legislation has
! been expressly granted by the Constitution,
| to Congress. 1t is not believed that any at
! tempt will be made to eXpei the United States
| from this property by force, but, if in this
! should prove to be mistaken, the officer IN the
command OF the forts has received orders 10
! act strictly on the defensive. In such q con-
! tiugeucy, the responsibility for consequences
would rightly rest upon Tie heads OF the as
! sailants.
| TIE PRESIDENTS POWER, BY THE CONSTITUTION,
| OVER sECEDiNG STATES.
| 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 reIa-
! tions between the Federal Government and
| South Carolina. He has been invested with
| no such discretion. He possesses no power to
change the relations heretofore existing be-
tween them, much less to acknowledge the
| independence Of tha. State. This would be to
invest mere executive officer with the power
! of recognizing the dissolution OF the cOnteder-
| acy among our thirty-three sovereign States
1t bears no resemblance to the recognition oI
a foreign de tacto government, involving nc
such responsibilities. Any attempt 10 10 this
/ would, his part, be Il naked act OF usurpa-
ton. 1t is, therefore, my duty to submit to
Congress the whole question IN aIIItS bearings
The course Of events is so rapidly hastening
forward the emergency may soon arrive when
YOU NAV be called upon to decide the moment
ous question whether yOU possess the power
by force of arms TO compel State 30 remain
! in the Union. | should feel myself rccreau1
10 my duty were 1 not to express opinion
on this imp portaut subject. The question fairly
! stated is:-iias the Constitution delegated Il
Congress the power to force Il State into sub
mission, which Is attempting 20 withdraw, OF
has actually withdrawn from the COntederacy
If answered in the affirmative, It must be on
the principle that the power has been conferred
upon Congress 10 uccidfe ahu 10 hiahe "ai
against Il State.
Aner much serious reflection. have arrived
at Uhe conclusion that such power mas been
delegated to Congress, or TO any other depart
ufenu OF the Federal Government 1t Is MAN.
ifest. upon an inspection OF the Constitution
that this is not otamong the specifcand enumer-
ated powers granted to Congress, anO Ii Is
equally apparent that its exercise is not ncCes-
sary and proper for carrying mo execution
any one of these powers. so tar from this
power having been delegated to Congress, II
| was expressly refused by the Convention that
framed the Constitution. II appears from the
proceedings of that body, that on the 5Ist OF
| May 1877. the clause auth orizing an execution
OF the force OF the whole against n delinquent
State came up for consideration. Ar. Madison
oDposed il in a brief but powerful speech, from
which / shall extract but single sentence
! He observed: "The use Of force againsta State
would look more ike Il declaration of war
than an intiiction of punishment, and would
probably bc considered by the party attacked
as dissolution OF all previous c0mpacts 10y
which it might be bound" Upon his motion
the clause was unanimously postponed anc
was never, | believe, again presented. Soor
afterwards, on the oth of June. 1887, when IN
cidentaliy adverting TO the subject, he said any
Government for the United States, formed OF
the supposed practicability OF using force
against the unconstitutional proceedings o
the States, would prove rs visionary and fal-
lacious rs the government OF Congress, eyi.
IDENTIFY meaning the then existing Congress o.
the old confederation. Without descending
to particulars. il may bc safely asserted tha
the power to make against State Is a
variance with the whole spirit and intent o
Il the Constitution. Suppose such war ShoulC
result in the conquest of State, how are W.
TO govern il afterwards Shall we old 1t a
a province and govern it by despouc power
In the nature OF things we cannot by physica
force control the will of the people, and com
pei them to elect Senators and Representative
| TO Congress, and TO perform all the other du
, ties depending upon their own yoiition an,
required from the free citizens of a free Stat
! as a constituent member of the confederacy
But if possessed this power, would II %
r wise TO exercise it under existing cIrcumstan
r ces? The object would be, doubtless, to pre-
2 serve the Union. War would not only PROV
: the most effectual means of destroying il, bu
= would Danish all hope of its peaceful recon
struction besides. In the iraternal conflict