Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-12-05
SYNOPSIS OF THE
PRESIDENTS MESSAGE.

I.
been rendered impracticable by events over whiC
he could have exercised no control such as at Il
present moment is the case throughout the State
South Corolina, so far as the laws of the Unite
States to secure the administration of justice /
means of the Federal Judiciary are concerned a
the Federal officers within its limits through who:
agency alone those laws can be carried into execl
ton, have already resigned. We no longer have
District Judge, District Attorney or Marshal
South Carolina, in fact. the whole machinery Of III
Federal Government, necessary for the Distribute
OF remedial justice among the people has been dt
molished. and it would be difficult if not impossible
to replace The only acts OF Congress on the statut
DOCK bearing upon this subject those of the 2St
OF February, l795. and Sd of March, 1907. Thes
authorlse the President after he shall have asceI
tanned that the Marshal with his posse cOBlitdts
unable to execute the civil or criminal process i
| any particular case, 10 call forth the militia an
employ the army and navy to aid him in performing
t9ls service, having first by proclamation command
ed the insurgents TO disperse and retire peacefully
| TO their respective abodes within a limited time
This duty cannot by possibility be performed in &
State where there Judicial authority existing
issue process and where there is Marshal to exc
cute it, and wherever if there were such an officer
the entire population would constitution one soic
| combination TO resist him.
In regard to the property
of the United States in South Carolina this has been
purchased at fair equivalent by the consent OF the
Legislature of the State for the erection OF forts
magazines, arsenas. &C. and over these the author
| ity to exercise exclusive legislation has been ex
pressly granted by the Constitution to Congress
1t is not believed that any attempt viii be maze 10
expel the United States from its property by force
but if in this l should prove to be mistaken, the
officer in command Of the Forts has received or
ders to act strictly on the defensive. In such
a. contingency the responsibility for the conse-
quences would rightfuly rest upon the heads Of
the assailants. Apart from the execution of the
laws, so far they may be practicable, the Execu-
tive has no authority to decide what VIII De the
relation between the Federal Government and
South Carolina He has been invested with no
such discretiun he possesses no power to change
the relations heretofore existing between them.
much less 10 acknowledge the independence of
that State. This would be TO invest mere Ex-
ecutive officer with the power OF recognizing the
dissolution of the COnfederacy among our thirty
three Sovereign States. 1t bears No resemblance
to the recognition of foreign de tdcO Government
involving no such responsibility. Any attempt to do
this would, on his part, be naked act Of usurpa-
ton. 1t is therefore my duty TO submit to Con-
gress the whole question in all its bearings.
TIE course of events is so rapidly Fastening for
ward, an emergency may soon arise when you
may be called upon to decide tie momentOus
question as to whether you possess the power by
force of arms to compel State TO remain in the
Union. ] should feel recreant to my duty were
to express opinion on this important subject.
The question faily stated IS this "Has the Con
stutiou delegated to Congress the power to coerce
a State into submission which is attempting to
withraw or has actually Withdrawn from the
Confederscy?" If answered in the affirmative, it
must be on the principle that the power has been
conferred upon Congress to declare and to make
war against State. After much serious refec
ton. l have arrived at the conclusion that no
such power has been delegated to Congress or TO
any other Department of the Government. 1t is
manifest upon inspection of the Constitution,
that this is not among the specific and enumer-
ated powers guaranteed to Congress, and it is
equally apparent that its exercise is not necessary
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
convention which framed the Constitution 1t ap-
pears from the proceedings of that body that the
3lst of May, l1SI the clause authorizing an eXecu
tien OF the force of the whole against delinquent
State came up Ior consideration. MIR. Madison OPP
posed 1t IN a 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 inhction Of
punishment. and would probably be considered by
the party attacked a dissolution of all previous
compacis by which it might be bound.3 Upon his
motion the clause unanimously postponed, and
was never, | believe, again presented. Soon after
wards, on the Sth OF June, 1884, when incidentally
adverting the subject he said any government Tor
the United Sta,es formed on the supposed practical
bity of using force against the constitutional pro-
ceedings of the States would prove visionary and
falacious as the government of Congress, evidently
meaning the then existing Congress o. the old Con-
federation Without desiring TO paricuarize, 1t
may be safeiv asserted that the power to make war
against State is at variance with the whole spirIt
and intent Of the constitution. Suppose such war
would result in the conquering OF State. how are
we 60 govern it afterwards? Shall we hold II as
province add govern II by despotlc power IN the
nature of things could not by physical force con
tool the whole of the people and compel them to
elect Senator's and Representatives 10 Congress- aud
to perform all the other duties depending Upoa their
own vOtlOn and require from the ,ree Citizens o. a
free State as a constitutional member Of the COned
eracv. Buu if we possessed their powe" would IL
be wise 10 exercise II under existing urrums ianCes.
The object wodd doubtless be 10 preserve the
Union. Wa would not only present The most edectda
means OF destroying it. but would Danish all hope OF
Of its peaceable reconstruction besides 20 the frazer
nal conflict contest Of blood and treasure would be
expended, rendering future reconciliation between
the States impossible. In the meantime who can
fOresta what would be the sufieriDgs and priva-
lions of the people during its existence. But may
be permitted sOemnly TO invoke my cOunuymeu TO
pause and deliberate before they determine to de-
stroy this the greatest temple which has ever been
dedicated TO human freedom since the world began
1t has been cossecrated by the blood of fathers
by the glores of the past and by the hopes of the
future. The Union has already made the most
powerful nation on the face Of the earth. In every
foreign region Of the globe the title OF american
citizen is held in The highest respect and when
in foreign land it causes the hearts of
our countrymen to swell with honest pride. Surely
when we reach the brink OF the yawniug abvss we
shall ssO with horror from the last faal plunge.
BY such a dread catastrophe the hopes of the
friends of freedom throughout the wo"d would be
and long night of leaden despOtism
would enshrOud the nation. Our example for more
than eighty years would not only be lost but it
would be quoted a conclusive proof that man is
unfit for sef-governnent 1t is not every wrong
nay, it is not every grevOus wrong which Justi
fy resort to such fearful alternative. This
ought TO be the last desperate remedy Of despairng
people after every other constitutional means of
Cancellation had been exhausted. We should reflect
that under this free government there is an inces-
SAT- ebb and flow in public opinion. The slavery
question like every thing human, will have its day.
firmly believe that it has already reached and
passed the eliminating point but it. in the midst of
the existing excitement, the Union shall perish the
evil may then become irreparable. Congress can
contribute much to avoid it by proposing and
commenting 10 the Legislatures OF several States
the remedy for existing evils which the Constitution
has itself provided for its own preservation.
This has been tried at different critical periods
of our history, and always with eminent
success. 1t is TO be found in the fifth
article providing for its amendment Under this
article, amendments have been proposed by two
thirds of both Houses of Congress, and have been
ratified BY the Legislatures of threefOurths of the
several States, and have consequently become parts
of the Constitution. To this process the country is
indebted for the clause prohibiting Congress from
passing any laws respecting an establishment of
gon, of abridging the freedom of speech or of the
press or of the right of petition Though we
also indebted for the rights which secures the peO-
pie against any abuse of power by the Federal
Government. Such were the apprehensions 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. Again the Constitution
was amended by the same process after the elee-
ton of President jefferson, by the House of Repre-
sentatives, in February, 1903. This amendment
was rendered necessary to prevent the recurrence
of the dangers which had seriously threatened the
existence of the Government during the tendency
of that election. The action. for its own amend
ment was intended to secure the amicabie adjust
ment of conflicting constitutional questions like the
present, which might arise between the Govern
ment OF the States and that of the United States.
This appears from the cOntempOraneous history 10
this connection. ] shall merely call attention TO
few sentences in Mr.. Madisons justly celebrated RS
mort in 1893 to 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 sediton acts as
paipable and alarming infractions of the Constitu-
ton In pointing to the peaceful and constitutional
h., ,fav 4 IN ,Fln :.