The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1860-12-14

I
! United States in South Carolina. This has
been purchased for fair equivalent, "by
the consent of the Legislature of the
State" 'for the erection of forts, maga-
zines, arsenals," &C., and over these the
authority "to exercise exclusive legisla-
ton" has been expressly granted by the
| Constitution to Congress. 1t is not belev
ed 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, the officer in command of the
forts has received orders to act strictly on
the defensive. In such contingency, the
responsibility for consequences would
rightiully rest upon the heads of the as
| sailants.
Apart from the execution of the laws,
so FAR as this may be practicable, the Ex-
ecutlve has no authority to decide what
shall be the relations between the Fede-
raj Government and Sonth Carolina. lie
has been invested with no such discretion
lie possesses no power to change the rela-
| tons heretofore existing between them,
much less acknowledge the independence
OF that State. This would be to invest q
mere Executive officer with the power of
recognising the dissolution of the Con-
iederacy among our thirty-three sovereign
States. 1t bears no resemblance to the re-
cognition OF a foreign de tacto government,
involving no such responsibility. An at.
| tempt to do this would on his part, be a
naked act OF usurpation. 1t is therefore,
my duty to submit to Congress the whole
question in all its bearings. The course
of events is so rapidly fastening forward,
that the emergency may soon arise, when
| you may be called upon to decide the mo-
mcntous question whether YOU possess
the power, by force of arms, to compel u
State to remain in the Union. | should
| feel myself rccreant to my duty were
not to express an opinion on this impor-
tant subject.
The question fairly stated is: Has the
Constitution delegated to Congress the
| power to cocrce a State into submission
! which is attempting to withdraw or has
actually Withdrawn from the Contederacy?
If answered in the affirmative, it must be
on the principle that the power has been
conferred upon Congress to declare and
make war against a State. After much
serious reflection | have arrived at the
conclusion that no such power has been
| delegated to Congress or to any other de-
partment Of the Federal Government. 1t
is manifest, upon AN inspection of the
Constitution, that this is not among the
specie and enumerated powers ganted to
Congress; and it is equally apparent that
| Its exercise Is not necessary 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.
| 1t appears from the proceedings of
that body, that on the 3lst May, 1877,
the clause "authori-ing an erertion Of he
force Of tie whOie against q ds!inquent Siute"
came up for consideration. Mr. Madison
opposed it in brief but powerful speech
from which | shall extract but "a single
sentence. He observed: "Ths use Of
iorce against against State would look
more like = declaration of war than an
inllic,ion OF punishment and would pro.
badly be considered by the party attacke ed
rs dissolution Of all previous compacts
by which It might be bound" Upon his
motion the clause was unanimously post
poned, and was never | believe again
presented. Soon afterwards, on the Sth
June, 1877, when incidentally adverting
TO the subject, he said ANY Govern
mcnt for the United States, formed on
the supposed practicability of using force
against the unconstitutional proceedings
OF the States, would prove as visionary
and tallacious as the government OF Con
gress," evidently meaning the then exist.
ing Congress Of the old Confederation.
Without descending to particulars, il
may be safely asserted, that the power tc
make war against State is at variance
with the whole spirit and intent of the
Constitution. Suppose such war should
result in the conquest of State, how arc
we to govern it afterwards! Shall We
hold 1t as province, and govern it by
despotic power? In the nature Of thing,
wecould not by physical force, control til,
will OF the people, and compel them t,
elect Senators and Representatives tc
Congress, and to perform all the othel
duties depending upon their own voltion
and required from the free citizens of /
constituent member of the Confederacy.
But, if we possessed this power woulc
1t be wise to exercise it under existing cir
cumstances? The object would, doubt
less, be to preserve the Union. Wa
would not only present the most eiIectua
means OF destroying it, but would banisl
all hope of its peaceable reconstruction
Besides, in the fraternal conflict vas
amount Of blood and treasure would b,
expended rendering future reconciliation
between the States impossible. In tn,
meantime, who can fortell what would b,
the suiferings and privations of the peo
pie during its existence?
The fact is, that our Union rests upo,
; public opinion, and can never be cement
ed by the blood of its citiz9ns shed il
civil war. If it cannot live in the aiiec
tions Of the people, it must one day per
+. ish. Congress possess many means o
preserving it by cancellations; but tn,
sword was not placed in their hand tc
! preserve it by force.
But may be permitted solemnly to in
woke my countrymen to pause and deli
berate, before they determine to destro,
, this, the grandest temple which has eve
, been dedicated to human freedom sine,
the world began? 1t has beon consecrat
ed by the blood of our fathers, by tn,
glories of the past, and by the hopes o
the future. The Union has already mad,
us the most prosperous, and, ere long
will, if preserved, render us the mos
powerful nation on the face of the earth
In every foreign region of the globe til,
title OF American citizen is held in tn,
: highest respect, and when pronounced il
foreign land it causes the hearts of on
countrymen to swell with honest pride
Surely when we reach the brink OF tn,
yawning abyss, we shall recoil with hor
ror from the last fatal plunge. BY sucl
dread catastl ophe the hopes of tn,
friends of freedom throughout the worl,
would be destroyed, and long night o
leaden despotism would enshroud the ma
tions, Our example for more than eight,
years would not only be lost, but it would
be quoted as conclusive proof that MAJ
is unfit for selEgovernment.
1t is not every wrong-pay, it is not ey
cry grievous wrong, which can justify
resort to such fearful alternative. Thi