Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1860-12-06

and enumerated powers granted to Congress
anu 1t Is equally apparent that its exercise is
not necessary and proper Tor carrying into ex
eeuton any one of these powers So far from
this power having been delegated to Congress,
IL was expressly refused by the Convention
which framed the Constitution
Ii appears from the proceedings of that body,
that on the Slst of May, 1857 the clause ''au-
thorizing an exertion of the force of the whole
against delinquent State" came up for con-
sideration. Mr.. Madison op osed it in brief
but powerful speech, from which shalt extract
but single sentence. He observed ''The use
of force against State would look more like a
declaration Of war than an infliction of punish
ment; and would probably be considered by
the party attacked dissolution of all pre-
vious comPacts by which it might be bound
Upon his motion the clause was unanimously
postponed, and was never again believe pre-
J sentod. Soon afterwards, on the Sth June,
1877, when Incidentally advertng to the sub
ject, he said; Any Government for the United
States, formed on the supposed practicability
OF using force against the unconstitutional pro-
ceedings Of the States, would prove as visioua
ry and fallacious as the government of Con
/ gress, evidently meaning the then existing
Congress 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
I
such war should result in the conquest of a
State, how are We to govern it afterwards? |?
Shall we hold II as province, and govern it
! by despotic power In the nature of thin gs
I we could not, by physical force, control the
l will of the people aud compel them 10 elect
I senators and representatives to Congress, and
to perform all the other duties depending upon
their own volition, and required from the free
! citizens of free State as constituent member
; of the Coniederacy.
But, if possessed of this power, would it be
wise to exercise it under existing circumstan-
ces The Object would doubtless be to pre-
serve the Union. War would not only present
! the most etfectual means of destroying it but
. would Danish all hope of its peaceable recon
f struction. Besides, in the fraternal conflict a
? vast amount of blood and treasure would be
: expended, rendering future reconciliation be.
n tween the States impossible. In the mean
time, who can foretell what would be the sut-
fering and privation of the people during its
= existence?
n The fact is, that our Union rests upon public
t opinion. and can never be cemented by the
is blood If its citizens shed in civil war. If il
l. can not live in the affections of the people, IL
it must one day perish. Congress possesses
t.. many means of preserving it by conciliation
e but the sword was not placed in their hands tc
n preserve it by force.
my countrymen to pause and deliberate, be-
Y fore they determine to destroy this the grand
e est temple which has ever been dedicated to
a human freedom since the world began? 1t has
IS been consecrated by the blood of our fathers
l. 10y the glories of the past, and by the hopes Of
n the future The Union has already made us
is the most prosperous, and ere long will, i
d preserved, render us the most powerful nation
d on the face Of the earth. Ia every foreign re-
: gion of the globe the title of American citzer
e is held in the highest respect, and when pro
e nounCed in foreign land it causes the hearts
IF of our countrymen to swell with honest pride
e Surely when we reach the brink of the yawn
is ing abyss, we shall recoil with horror from th
IS last fatal plunge. By such dread catastro
= phe the hopes of the friends of freedom
a throughout the world would be destroyed, AM
J. a long night of despotism would enshroud tn
/. nations. Our example for more than eight,
n years would not only be lost; but would b.
n quoted as a conclusive proof that man is unf
IT for self government.
1t is not every wrong-nay, it is not ever,
= grevious wrong-which can jnstify resort tt
of such fearful alternative This ought to b
!. the last desperate remedy of despairing peo
u pie, after every other constitutional means O
Sc conciliaton had been exhausted. We shoult
Il re. feet that under this free government ther
e is an incessant ebb and flow in public opinion
d The slavery question, like everything human
y will have its day. l firmly believe that it ha
o already reached and passed the culminatin.
e point. But it, in the midst of the existing ex
y citement, the Union shall perish, the evil ma,
e then become irreparable. Congress can con
J. tribute much to avert it by proposing and re
te commencing to the Legislatures of the severa
i States the remedy for existing evils which th
e Constitution has itself provided for its own pre-
servation. This has been tried at different crit
IS cal periods of our history, and always wit
er eminent success. 1t is to be found in the fift
N article providing for its own amendment
10 Under this article amendments have been pro
- posed by two-thirds of both Houses of Congress
ar and have been " ratified by the Legislature
so of three fourths of the several States" ant
Of consequently become parts of the Constitution
To this process the country is indebted for tn
n clause prohibiting Congress from passing an,
N law respecting the establishment of religion, o
es abridging the freedom of speech or of tn
d press, or of the right of petition. To this w
DR. are also indebted for the Bill of Rights whicl
p secures the people against any abuse of powe
by the Federal Government. Such were th
ID apprehensons justly entertained by the friend
: of States rights at that period as to have rem
Of dered it extremely doubtful whether the Con
n stitution could have long survived without thes
er amendments.
s. Again, the Constitution was amended by tn
l. same process after the election of Presiden
at Jefferson by the House of Representatives, il
ID February, 1903. This amendment was render
a ed necessary to prevent recurrence of tn
er dangers which had seriously threatened tn
TO existence of the Government during the pen
l. dency of that election. The article for its owl
es amendment was intended to secure the amicabl
s. adjustment of conflicting constitutional ques
tions like the present, which might arise be
ar tween the governments of the States and tha
as of the United States. This appears from con
a. temporaneous history.
ID In this connection, shall merely call atten
10 ton to few sentences in Mr. Madison s Justly
20 celebrated report, in 1899, to the legislature o
N Virginia. In this he ably and concusively
l. defended the resolutions of the preceding
a legislature against the structures of severa
a. other State legislatures. These were mainly
y founded upon the protest of the Virginia legis
1t lature against the "Allen and Sedition Acts, y
a as ''palpable and alarming infractons of the
=