Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1860-12-12


Co carry out more effectuaily the objects OF the
Constitutions. The same insuperable obstacles
do not lie in the way Of executing the laws iol
the collection of the customs. The revenue
still continues to be collected, as heretofore,
at tho custom house in Charleston; ana sEodio
She collector unfortunately resign, a success
sor may he appointed to perform TINS aaty:
Then ia regard TO the property OF the united
States ia Soath Carolina. This has been pur-
chased for fair equivalent, ssby the consent
of the legislature of the State," sNfor the erec-
tion of forts, magazines, arsenals, - &c, and
over those the authority ssto exercise exclu-
sivc legislation" !" has been expressly granted
by the Constitution to Congress. 1t is not be-
leved that any attempt will be made to expel
the United States from this property by force;
but If in this should prove to be mistaken,
ed orders to act strictly on the defensive. In
such contingency, the responsibility for con-
sequences would rightfully rest upon the heads
of the sssailants. Apart from the execution
of the laws, SO far as this may be practicable,
the executive has no authority to decide what
shall be the relations between the Federal
Government and South Carolina. He has been
invested with no such discretion. He posses
ses no power to change the relations hereto
fore existing between them, much less to ac
knowledge the independence OF that State.
This would be to invest a mere Executive offi-
Ger with the power of recognizing the dssolu-
tion of the Confederacy among our thirty
three sovereign States. 1t bears no resemb-
lance to the recognition of foreign de tacto
government, involving no such responsibility.
Any attempt to do this would. on his part, be
a naked act of usurpation. Itis, therefore,
my duty to submit to Congress the whole ques-
tion, in all its bearings. The course of events
is SO rapidly Fastening forward, that the emer-
gency may soon arise when you may be called
upon to decide the momentous question wheth-
cr you possess the power, by force of arms, to
compel State to remain in the Union.
should feel myself recreant to my duty were
/ not to express an opinion on this important
subject.
NO STATE CAN BE FORCED INTO SUBMISSION.
The question fairly stated is: Has the Consti-
tuition delegated to Congress the power to force q
State into submission which is attempting to with
draw or has actually withdrawn from the Con-
federacy? If answered in the affirmative, it
must be on the principle that the power has been
conferred to Congress to declare and to make war
against State. After much serious reflection
hare arrived at the conclusion that such power
had been delegated to Congress or to any other
department of the Federal Government. 1t is
manifest. upon an inspection of the Constitution,
that this Is not ong the specific and enumera-
ted powers granted upon Congress; and it is
equally apparent that its exercise is not necessa
~ and proper for carrying into execution" any
one of these powers. So far from this power hav-
refused by the convention which framed the Con-
stitution. 1t appears from the proceedings of
that body. that on the 3lst May, 1887 the clause
'anthorr-ing erertion of the force ofthe 1rhoie
against a delinquent State, came up for consider
alton. Mr.. Madison opposed it in brief but
powerful speech, from which shall extract but
single sentence. He observed: 1.-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 attack
ed as dissolution of all previous compacts by
which it might be bound" Upon his motion the
clause was unanimously postponed and was
er believe again presented. Soon afterwards,
ont the 9Th of June, l7S7 when incidentally advert
ing to the subject, he said ANY Government for
the United States, formed on the supposed practi-
cability of using force against the demonstrations
aiproceedings Of the Safes would prove as vision
ary and falacious as the government of Congress-"
evidently meaning the then existing Congress of
the old Confederation. Without descending to par
ticulars, 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
Suppose such a war should result in the conquest
OF State, how are We to govern it afterwards
Shall we hold it as province, and govern it by
despotic power, In the nature of things we could
not, by physical force control the will of tho peo
pie, and compel them to elect senator's and repre-
sontatives to Congress and to perform all the 9TH
er duties depending upon their own voIiton and
requiring from the free citizens of free State as
constituent member Of tho Confederacy. But. if
We possessed this power, would it be wise to
c1sc III UnOer eAlStln8 circumstances The OBJECT
would doubtless be to preserve the Union. War
would not only present the most effecual means of
destroying it; but would Danish all hope of its
peaceable reconstruction. Beside, in the fraternal
conflict vast amount of blood and treasure would
be expended, rendering future reconciliation be-
tween the States impossible. In the meantime
who can foretell what would be the suffertngs and
privations 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 cit
izens shed in civil war. If it cannot live in the
affections of the people, it must one day perish
Congress possesses many means of preserving it by
conciiation; but the sword not placed in their
hand to preserve it by force But may l be per-
mitted s0lemniy to invoke my countryme en- to pause
and deliberate, before they determine to destroy
this, the grandest temple which has been
dedicated to human freedom since the world be-
gan? 1t has been eonsecrated by the blood of our
fathers by the gories of the past and by the hopes
Of the future The Union has already made us
the most prosperous and, long will, if preserv
ed render US 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 high
land, it causes the hearts of countrymen to
swell with honest pride. Surely when reach
the brink of the yawning abyss, We shall recoil
sith horror from the last fatal plunge. By such
dread catastrophe, the hopes of the friends of
freedom throughout the world would be destroy
ed, and long night of leaden despotism would
enshroud the nations. Our example for more th an
eighty years would not only be lost but it would
be quoted rs conclusive proof that man is unfit
for self government 1t is not every wrong-nay
it is not every grierous wrong-which can justify
aresort to such fearful alternative. This ought
to be the last desperate remedy of despairng
people. after every other constitutional means of
Cancellation had bsen exhausted. We should re-
hect that under this free Government there is an
incessant ebb and fow in public opinion. The
slavery question, like everything huma will have
itsday. firmly believe tina it has already reach
ed and passed the eliminating point But if, in the
midst Of the existing excitement, the Union sh all
perish, the evil may then become irreparable
WHAT CONGRESS SHOULD DO.
Congress can contribute much to avert it BY
proposing and recommending to the legisla-
furea of tha sayerai States tn. remedx Tor az.