, 1860-12-06

State ii south Cnro>lna 80 far as tic laws Of
tac United 2tatts TO secure the administration
Of Justice by means Of the Federal Judiciary
Is concerned, nil the Federal officers within its
Limits, through whose agency alone those laws
can be carried into execution, have already
Judge, or District Attorney, In South Carols
III ln fact, the whole machinery Of the Fed-
c7al Government, necessary for tho distribu-
ton OF remedial Justice among the people, has
been demolished, and it would be difficult, If
not impossible, to rcp1accit The only acts of
Congress on the statutc book bearing upon
this subject, are those Of tho 25th February,
115, aud I'd March, 1901. THESE authorize
the President, after lie shall have asccrtained
that the Marshal with his posse comitatus Is
unable to execute tlyis or criminal process 10
any particular ctsc, to call forth the militia,
and eMploy the army aud navy to MD him III
performing the service; having first, " PRO-
clanation, commanded the insurgents 10 DIS
pezsc and return ps.aceably to their respective
abodcs within limited time This duty can-
not, by any possibility, be performed in State
where no Judicial authority exists to Issue
process, aud where there Is NO Marshal to exc
cute, and where, cvcn If there were such an
Office, the entire population would combine III
one solid colhmh to resist him.
The mcrcrtsistancc If these provisions proves
how inadequate they are, without further lc5is-
1ation, to overcome IL united opl ition in
single State, not tosrealz Of other States who
may place themselves in 4 similnr attitude
Congress alone has power to decide whether
the present Laws cannot be amended 80 US tU
carry ont more eHectually the objects of the
Constitution. The same insuperablc obstacles
do not lie In the way Of executing thc Laws for
the collection Of the customs. The revenue
still continues TO be collected rs heretofore ut
the Custom House In Charleston, and should
the Collector unfortunately resign, successor
may be appointed to perform this duty. Then,
in regard to the property Of the United States
In South Carolina, this las been purchased for
Ilir equivalent, by the consent OF the Icgis-
laturc Of the State, for the erection OF forts,
magazines, arscnafs, DC, and over these the
authority to exercise exclusive legislation has
been expressly granted by the Court TO Con-
grcss. 1t Is not believed that any attempt will
bc made to cxpcl the United States from this
property by force but IL in this lshould prove
10 be mistaken, the officer II, the command of
tue forts has received orders to act strictly on
the defensive. In such q contingency, the
responsibility Tor consequences would right
fully rest upon the heads Of the assaflants.
Apart from the execution Of the laws, go far
as this may be practicable, the Executive has
no authority TO decide what shall be the Tela-
tlons between the Federal Government and
South Carolina. He has been invested with
no such discretion. He possesses no
power tn change the relations heretofore ex-
isting between them, much less to ucknowl-
edge the independence Of that State This
would be 10 invest mere Executive officer
with the power Of recognizing the dissolution
nf the Confcder1cy among our Airy-tlrcc
sovereign States 1t has ilo resemblance 10
the recognition Of j foreign de.Jaeto govern
mcnt Involving no such responsibility any at
tempt to do this would on lis part bc naked
act Of usurpation. 1t is, therefore, MY duty
to submit to Congress the whole question in
all its bearings. The courne OF events is SO
rapidly llostened forward that the emergency
may arrive when you may be called upon to
decide the momcntous question whether
you possess the power, by fyrcc Of arms, to
compel Il State to remain: in the Union.
l should feel myself rccreant TO my duty
were not TO express my opinion on the i'm
portant subject Tho question fairly stated is:
Has tho Constitution delegated to Congress
tile power to force 4 State into submission
which is attempting to withdraw, or has artu-
ally withdrawn from the Confcderacy: If
answered in the affirmative, 1t must be on the
principle that tho power las been conferred
upon Congress to declare and to make war
against Statr.
IAfter much serious reflection have arrived
II the conclusion that Ito such power has been
delegated to Congress or to any other depart
mcnt Of the Federal Government. 1t is mani
fest, upon IN inspection Of the Constitution,
that this is not aMong the specific aud cuumer-
:tcd powers granted to Congress, and it is
equally apparent that its exercise is not neccs-
slry and proper for carrying into execution
any one of these powers. So far from this
power having been delegated to Congress, it
was expressly refused by the Convention
which framed the Constitution.
It appears from the proceedings of that
body, OH the 3lst Of May, 1857, that the clause
authorizing an execution of the force Of the
whole against a delinquent State came up for
consideration. Mr.. Madison opposed it in
brief, hut powerful spcecl, froul which shalt
extract but j single sentence. lie observed:
"'Thc ,lsc Of force against State would look
more like declaration of war than an inaic-
-1ion Of punishment, and would probably be
considered by the party attacked as dissolu-
tinn Of all previous comlacts by which it
might be hound"
Upon his motion the clause was unanimous
1y postponed, and was never, ! believe again
presented.
Soon affcr, on the 8.h of June, 1857, when
incidentally adve1tin:. to this subject, be said:
ANY Government for the United States,
formed on the supposed practicabi'ity of using
force against tho unconstitutional proceedings
Of the States, would prove IS visionary aud
fallaciuus us the Government Of Congress"
evidently meaning the then existing Congress
of the old Confederation. Without descending
10 particulars, it may be safely asserted that
the power 10 make war against State is ut
variance with the whole spirit and iutent Of
the Constitution. Suppose such a war should
result in the conquest of Il State, how arc we
to govern it afterwards: Shall VIC hold It MS
4 province and govern it by despotic powers
In the nature OF things We could not By phys
ical force control the will Of the people, and
compel them to elect Senators and Rcprcscn-
tativcs 10 Congress. and I" l.e'io4m all Tic
Utucr duties depending upon Their own rcl1-
;iun, and required from the free citizens Of Il
confcdctacy, But If We possessed tie power,
would it be wise 10 exercise it under the
existing circumstances: The object would be
doubtless to preserve the Union, but would
not only prevent the most elfectual means Of
destroying it, but would Danish I'LL hope Of its
peaccablc reconstruction. Besides, III the fra
tcrnal conflict vast amount of blood anil
treasure would he expended. rendering future
reconciliation between the States Impossible.
III the meantime, who can foretcll what would
lie the suf1erinys and privations Of the people
during its existence. The fact is tl,at onr Tn
ion rests upon public, and tln never be &C.
mentcd, by the blood Of its citizens shed in
civil war. II it cannot live in the affections of
the people. it must one day perish Congress
possesses many means of preserving by con-
ciliaiion; but the sword WAS not placed In
their hands to preserve 1t by force. But mayI
lie permitted sOlcmnly IL invoke my country
mcn 10 pause, and deliberate before they de-
lctMlue ~ dCSIIut luls, tuc bIs1Nlcst Ieluplc
which has ever been dedicated to human free
dom. Since the world began it has been con
secratcd by the blood Of our Fathers, by the
..orics Of our 1,a>t, and by the hopes Of the fiji
turc; and The Union has already made It's the
most prosperous, and ere long will, If pre-
served, render us the most powerful nation on
the face of the Garth.
In every foreign rc:i,,1, OF the globe the title
Of american citizen ID held in the highest re-
epect, and when pronounced in foreign lands
il causes the hearts 0f our country1ncn to
swell With honest pride. Surely, when we
reach tho brink Of The yawniny abyss, VIC shall
rccoil with hurror from the last fatal plunge
By such dread catastrophe tue hopes Of the
friends offrccdom throughout the world would
bc destroyed. and a long night of lcadcn dcs-
;oti>n would cnshroud the nation. unr cx-
ample for more than eighty years wuull not
only be lost, hut il wunld be quoted as con-
elusive proof that man is unfit for self-yovcrn-
1acnt. 1t is not every wrong, nay, it is not
every gricvous wrong. which can justify re-
to be tho last desperate remedy Of dcspairinS
pconlc. after every other constitutional means
Of Cancellation had t'ccn exhausted. We should
reflect that under this free government there
is an incessant Glib and tlow Of public opinion.
The slavery question, like everything human,
already reached aud !rlssed the eliminating
point: hut il. in the midst Of the existing ex-
citcmcnt, the Union ei,all perish, tho evil may
then become irrcparablc- Congress can con-
tribute much TO arrest it. by proposing and re-
commencing to the Legislatures Of the scve-
raj States the remedy 1or existing evils which
the Constitution has itself provided for its own
preservation. This has been tric.l ut different
critical periods Of our history, and always with
eminent success. II Is to be found in the 5th
article, providing for its ow1, amendment
Under this article amendments have been pro-
posed by two-thirds Of both Houses Of Con-
;:rcss, mud have been ratified By the Lc;.sl,-
turcs Of ihrec-fourths Of the several States, and
have CONSEQUENTLY bccnInc rats uf the Cousti=