Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-12-04

much leSg to acknowledge the Independence of that
State This would b TO invest mere Hxecutivs Of
cer with the power Of recognising the dissolution of
the Confedsracy among our thirty sovereign
States. It bears 10 ressmbaHee TO the rccognition
OF foreign de aao government, Involving II such re-
spons.bity. ANY attempt TO do this wot on his
part be naked act Of usurpAton It H. therefore, my
duty to submit to Congress the Whole Question In all its
bearings. The Of events Is 90 rapidly fastening
forward, that the emergency may arise when you
may be called upon to decide the momcntous question
whether you possess the power, by force CT arms to
compel State to remain in the Union. l shculd
feel myself receant to my duty not to express an
opinion on this important subject.
The question fairly stated is Has the Constitution
delegated to Congress the power to State into
Submission which is attempting to withdraw has
tuay withdrawn from the Confedcraeyi If answered in
the affirmative, it must be The principle that the
power has been conferred upon Congress to declare and
to make against State After much serious refec-
on have arrived at the conclusion that no such power
has been delegated to Congress any other depart
1eht OF tie Federal Government. It is manifest upon
an inspection of the Constitution, that this is not among
the specific and enumerated powers granted to Congress
and is equally apparent that its exercise is not 'neoes
sry 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 the
| Vention which framed the Constitution
1t appears from shs proceedings OF that body that
the Slst May 1887, the clause auhoysss exsrton Of
TIE forcs Of the Dhoe against delinquent Soe up for
consideration Mr. Madison opposed it in brief but
powerful Wncn shall extract phb single
sentence. Hc Observed 'sThe use Of force against
State would look more lie declaration OF than
infection of punishment and would probably be conslderea
by the party attacked dissolution OF all previous
pacts by which it might be bound" Upon his motion
tle c!8use unanimously postponed, and
believe again presented. Soon afterwards the Sth
June 1897 when incidentally advertng the subject lie
sad "Any Government for the United States, formed
the supposed pracoabity Of using force against the
constitutional proceedings Of the States would prove
visionary and llacous the government Of Congress-
evidently meaning the then existing Congress of the old
]! Confederation.
Without descending to PARTICULARS il may be safely as
serted, that the power to make against State is st
variance with the whole spirit and intent Of the Constit
tion Suppose such .r s.cuI result in the conquest
of State how to govern 1t afterwards? Shall
hold it province, and govern it y dcspotic pow
or? In the nature of things could not by physical
force control the will of the people, and compel them to
elect senators and representatives to Congress- and to per-
form all tbs other duties depending upon their volt
ton and required from the free citizens OF flee Stats as
a constituent member of the Confederacy.
But, If 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 eectual of destroying
it but would Danish all hope of s peaceable rcconsruc
ton Besides, in the fraterda conflict vast amount of
blood and treasure would be expended rendering future
reconciliation between the States impossible. In the
ne who forete what would be the sptferngs
and privations OF the people during Its existelcef
The fact is that Union rests upon public opinion
and can never be cemeued by the blood of it's citizens
shed in civil Ii 1t cannot live in the affections of
the people, 1t must one day perish Congress poscss
many moans Of preserving it by Cancellation but the
sword not placed in their hand to preserve it by
! force
But may be permitted solennly to invoke my coun-
ymen tc pause and deliherate before they determine
to destroy this, the grandcs temple which has over een
dedicated to human freedom since tho world began It
has been coDsecated by the blood of fathers by the
IL .lrL
Union has already made the most prosperous and ere
long, will if preserved, render the most powerful na-
ton the face of the earth In every foreign re
gion of the globe the title of American citizen is held
in tie highest respect and when pronounced in for
eign land it the hearts of our countrymsn to
swell with honest pride. Surely when we reach the
brink OF the yawning abyss shall rsco with horror
from the last fatal plunge By such dread catastrophe
the hopes OF the rssds Of freedom throughout the world
would BIO destroyed and long night OF leaaes despot
ism would enshroud The nations Oar example for more
than eighty years would not only be lost bst 1t would
be quoted ca conclusive proof that Is unft for self
| government
1t is not every wroDs-pay it is not every grievous
wrong-which can justify to such fearful alter
native This ought to be the last desperate remedy OF
dsparng people, after every other constitutional means
OF Cancellation had been exhausted. We should reflect
that under this free Government there is an ncesant
Obj and flow in public opinion The slavery question
like everything human, will have it, day firmly be-
eve that it has already reached and passed the culm
natinS p0lut Ii, III tne midst OF the existing
citomcut, the Union shall perish the evil may then be-
reparable Congress 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 preserv
ton. This has been tried at different critical period. of
our history, and always with eminent success It s to
be found in the 9Th article providing for its own amend
mont Under this article amendments have been pro
posed by twothids OF both houses of Congress- and have
been rated by the legislatures of threefourths Of the
several St.tcs and have consequently become parts
of the Constitution To this process the country is in
dobted tor the clause prohibiting Congress from passing
any law respecting an establishment ofreligon abridg
ing the freedom Of speech of the press or of the right
Of petition To this are also indebted for the Bill of
Rights which the people against any abuse of
power by the Federal Government. Such were the an
prehensons justly entertained by the friends of State
rights at that period as to have rendered it extremely
doubtful whether the Constitution could have lonn sr
| yived without these amendments
Again, the Constitution amended by the same pro
cess after the election of President Jefferson by the Housf
of Representatives, in February 1903 This smen,nont
rendered necessary to prevent recurrence Of tba
dangers which had seriously threatened the existence of
the Government during the tendency of that election The
article ior It's own amendment intended to secure the
amicabe adjustment Of conflicting constitutional ouetions
IKE the present, which might arise between theQoyer-
ments OF the States and thai of the United States This
appears from contemporancous history In this connec-
ton, shall merely call attention to few sentences in
Mr. Nadsons justly-cclebrated report in 1899 to the
legislature Of Virginia In this he ably and conclusvev
defended the resolutions of the preceding Legislature
against the structures Of several other State legislatures
Inese were mainly founded upon the protest of the
Virginia legislature against the s'Alicn and Se1ition
Acts as ''palpable and alarming infrnctions of the
Constitution. In pointing out the peaceful and
constitutional remedies and he referred to none other
to which the States authorized to resort on such
occasions, he concludes by saying ssthat the leg;s
atures OF the States might have made direct repre-
sentaon to Congress with view to obtain resembling
OF the two offensive acs they might have represented