The constitutional union., 1860-12-21
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duty to submit to Congress the question m all Its bearings The course of events is so rap idly hastening forward that the emergency may arrive when you may be called upon to decide the momentous question whether you possess the power, by force of arms to compel 2 State to remain in the Union. l should feel myself recreant to my duty were l not to express an opinion on the important subject The question fairly stated: Has the C0usti- tuition delegated to Congress the power to force State into submission which is attempt ing to withdraw. or las actually withdrawn from the Confectionery. If answered in the affirmative. 1t must be on the principle that the power has been conferred upon Congress to declare and make war against a State After much serious reflection. 1 have arrived at the conclusion that no such power has been delegated to Congress. or to any other depart- ment of the Federal Government. It is man ifest upon an inspection of the Constitution, that this is net among the specific and enume- rated powers granted to Congress, and 1t is equally apparent that its exercise i3 not neces- sary and proper for carrying into execution any one of these powers. So far from this power having been delegated to Congress, 1t was expressly refused by the Convention that framed the Constitution. It appears from the proceedings of that body oil the 3ls5 of May, l787, the case authorizing an Executive to use the force Of the whole against deiiu- quent State, came up for consideration. Mr.. Madison opposed it in a brief but powerful speech, from which ] shall extract but a sin gle sentence. He observed that the use of force against State would look more like a declaration of War than an inHicJion of pun- ishment and probably be considered by the party attacked as a dissolution Of Ill previous compacts by which it might ba bound. Uro
 his motion. the clause was unanimously post poned, and was never, ] believe, a-t.n pro- sented.
 Soon aftcrward, on the S5h of June, l75I. when incidentally adyc.t.9~ tJ this ~ua. feet he said any government for the jH.aaI <l4tes. formed on the supposed prac.ila6.Hy Of using force against the nc0usj lutgaaI rrocee4iugs of the States, would prove as visionary and fallacious as the government of Congress evidently meaning the existing Con@rass of the old Confederation. Without descending to particulars, it may be safely asserted that the power to make war against State is at variance with the whole spirit and intent of the Constitution. Supposesuch war should result in the conquest of State, how are we to govern it afterward. Shall we hold 1t as a province, and govern 1t by despotic power In the nature of things we cquld not by phv- scal force control the will of ~dle people and compel them to elect Senators and Eegrescn- tatives to Congress. and to perform al the other duties depending upon their own obli- gations and required from the free citizens Of d free State as constitutional member of the Confectionery. But if we possessed this power would 1t be w.se to exercise 1t under existing circumstances The object would be doubt less to preserve the Union, which would not only present the most ehectual means of de- stroying f. but would banish all hopes of its peaceable reconstruction. Besides. in the .-a- ternal conflict a vast amount of blood apd treasure would be expended rendering future reconciliation between the States impossible In the meantime who can foretelI what would be the suaerin-s and privations of the people during its existence The fact is, that our Union rests upon public opinion, and can never be cemcuted by the blood of' its citizens shed in civil war. If 1t cannot live in the affectiqps of the people, t must one day per ish. Congrcss possesses many means ot pre- serving by cancellation, but the sword was not placed in their hand, to preserve t bv force. But may be permitted s9lomGiv tO invoke my counmymcn to pa-l-e and deliberate before they determine t0 destroy this the ognIest temple which IL, ever been dedicated to hu- man freedom since the world began. It las been consccratea by the blood of cur futhegs. by the glorics of the past. and by the hopes of the future; and the Union has already made Us the most prosperous, and ere long will, if preserved. render Us rlc most power ful nation on the face Of the earth. h every foreign region of the globe the titIe of Amcr- can citizen is held in the hi4hest respect and when pronounced la $ foreign land. 1t causes the hearts of our couauyncn to swell with honest pride. Surely, when we reach the brink of the yaw4ins abyss, We shall recoiI with horror from the last fatal plunge by which dread catastrophe 5he hopes of free dom throughout the world would Je de tr9Yed and long night Of Icadcn despotsm would cnshroud the nation. Our example for m0le than eighty years would not only bo ia-r but 1t would be quoted as a conclusive proof that man is unfit for self-goycrnmeat. 1t is not every wrong-nay, 1t is not every gIeyous wrong-whch can justify re7ort to such E fearful alternative. This ought t5 be the Iaaa desperate femcdy of a dosla.ring people. a-- ter every other constitutional means of recon ciliation had been exhausted #eshoa]l re- fleet that under this free government there $ an incessant ebb and flow in public opinion. The slavery question, like everything human. will have its day. firmly believe tnac t h.a already reached and passed .le eliminating point, but if in the midst oi the existing o.- citement the Union shall perish. ,ae c,1msy then become iTepalrab'e. Congress can con tribute much to arrest it by proposing and re- commenting to the Legislatures of the seyc- ral States the remedy for existing evils which the Constitution has itself provided for its own preservation. This has been tried at diff terent critical periods of OUT history, and d. ways with eminent success. It is to be found in the fifth article, providing for its own amendment. Under this article amendments have been proposed by two-thirds of both Houses of Congress, and have been ratified by the Legislatures of three-f5urtlls of the several States. and have consequently become parts of the Constitution. To this process the country is indebted for the clause Trohib- Itinp ('oOorp1e firm, rra--i,lr, a,,f- 1.,- .,-.A