Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-12-07

| tudt the power mas DeeD conferred upon OOn-
gress to declare and TO make war against a
| State. After much serious rejection, have
1 arrived at the conclusion that no such power
has been delegated 10 Congress or to any other
| Department OF the Federal Government. 1t is
I manifest npon an inspection of the Consti-
| tuition that this is not among the specific and
| enumerated powers granted 10 Congress, and
| it is equally apparent that its exercise is not
| necessary and proper for carrying into exc
eution any one of these powers.
So far from this power having been dele
| gated to COngTess,it was expressly refused
by the Convention which framed the Consti-
tuition. 1t appears from the proceedings of
that body on~the 31st of May, 1877, that the
clause authorizing an exeriion of the force
of the whole against a Delinquent State came
up for consideration. Mr.. Madison opposed
it in brief but powerful speech, from
which shall extract but single sentence.
He observed ''that the use Of force against
State would look more like declaration of
war than an infection of punishment, and
would probably be considered by the party
attacked as dissolution of all previous COM
paets by which it might be bound Upon
his motion the clause was unanimously post
poned, and was never, believe, again pre-
scented. Soon afterwards, on the Sth of June,
| l7S1, when incidentally advertiDg to the SUBJ
leci, he said any Government for the United
States formed on the supposed practicability
OF using force against unconstitutional pro-
ceedings of the States, would prove as Wis
ionary and fallaeious the Government of
Congress, evidently meaning the then exist
ing Congress OF the old Confederation.
| Without descending TO particulars, ii may
be safely asserted that the power to make
war against State, is at variance with the
whole spirit and intent of the Constitution.
| Suppose such a war should result in the con-
| quest of State. how are we to govern it
| off I'd SboIf b1TI =.
and govern it by despOtic power? In the ma
ture of things we could not, by phyical force.
control the will of the people and compel
| them to elect Senators and Representatives
to Congress, and to perform all the other
| duties, depending upon their own relation
| and required from the free citizens of free
| Stale as 4 constituent member of the Con-
| federacy. Bat if We possessed the power,
| wOuld it be wise TO exercise it under existing
| circumstances? The object would doutless
be to preserve the Union, but would not
| only present the most effectual means of de-
strOyiBg it, but would Danish all hope of its
peaceable reconstruction; besides in the fra
| ternal conflict, a vast amount of blood AMI
| treasure would be expended, rendering
future reconciliation between the States i'm
! possible.s
In the meantime who can foretell what
would be the sufferings and priyations Of the
| people during its existence. The fact is that
our Union rests upon public opinion, and
| can never be cemented, by the blood of its
! citizens she'd in civil war. If it cannot live
in the affections OF the people, it must one
day perish. Congress possesses many means
of preserving by cancellations; but the
| sword was not placed in their hands
| to preserve it by force. But may | be
! permitted solemnly TO invoke my country
men to pause, and deliberate before they de-
! termine to destroy this, the grandest temple
l. -, i 4
| freedom since the world began. 1t has been
consecrated by the blood OF our fathers, by
| the glOries of the past and by the hopes of
! the future, and the Union has already made us
| the most prosperous aud ere long will if
preserved render Us the most powerful ma
ton on the face of the earth. In every for
| eign region of the globe, the title OF Amer
| lean Citizen" is held in the highest respect,
and when pronounced in foreign lands, it
calses the hearts of our countrymen to swell
with honest pride; surely when we reach the
| brink of the yawning abyss we shall Tecoil
with horror from the last fatal plunge. BY
| such dread catastrophe, the hopes of the
| friends of freedom throughout the world
would be destroyed, and long night of
| leaden dCspOtism would enshroud the ma
| lions.
| Our example for more than eighty years
| would not only be lost, but it would be quo
|
| for self government. 1t is not every wrong,
I nay, it is not every grievous wrong which
can justify a resort TO such a fearful alter
native This ought to be the last desperate
remedy of despairing people, after every
other constitutional means of Cancellation
had been exhausted. We should reflect that
| under this fEee government there is an inces-
SAINT ebb aud flow in public opinion. The
| slavery question, ike everything human
| will have its day. i firmly believe that il has
| already reached and passed the eliminating
! point, but If in the midst of the existing ex-
| element, the Union shall perish, the evil
nag then become iTreparable. Congress
| can contribute much to arrest it by propos-
| ing and recommending 10 the Legislatures
of several States the remedy for existing
evils, which the Constitution has itself pro-
| vided for its own preservation. This has
/ been tried at different critical periods of our
| history, and always with eminent success
| Ii is to be found in the fifth article, provi-
| ding for its own amendment. Under this ar
| ticle amendments have been proposed by
| two-thirds of both houses of Congress, and
have been ratified by the Legislatures of
three -fourths of the several States, and have
| consequently become parts of the COnstitu-
ton. To this process the country is indebted
! for the clause prohibiting Congress from pas
sing any laws respecting an establishment of
religion, or abridging the freedom of speech
| or of the press, or OF the right Of petition. To
this we are also indebted for the bill of rights
which secures the people against any abuse
of power by the Federal Government, such
! were the apprehens;ons justly entertained by
| the friends of State Rights at that period as
! TO have rendered it extremely doubtful
whether the Constitution could have long
survived without these amendments.
49, AZ gain the Constitution was amended by
the same process after the election of Presi-
4 T.gF 4,,T Of ID
tives, in February, 1893. This amendment
was rendered necessary to prevent a recur
renee OF the dangers which had seriously
threatened the existence of the Government
during the tendency of that election. The
article for its own amendment was intended
10 procure the amicable adjustment OF he
conflicting Constitutional questions, like the
present, which might arise between the Gov
ernments of the States and of the United
States. This appears from contemporaneous
history. In this connection, | shall merely
call attention to a few Instances in Mr.. Madi-
sons justly celebrated report, in 1899, 10 the
Legislature of Virginia. In this, he ably and
conclusively defended the resolutions of the
preceding Legislature against the structures
of several other State Legislatures. These
were mainly founded upon the protest of the
Virginia Legislature against the alien and
seditiOn acts as -palpable, and alarming in
fractions on the Constitution In pointing
out the peaceful and constitutional remedies
and he referred to none Other-to which
the States were authorized to resort on such
occasions, he concludes by saying. that the
Legislatures of the States might have made a
direct representation TO Congress, with view
TO obtain the resembling OF the two offensive
acts, or they might have represented to their
Senators in Congress their wish that two
thirds thereof would propose any explanato-
ry amendment TO the Constitutions: or two