The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1860-12-14

the defensive. In such a contingency the
responsibility for consequences would right
fully rest upon the heads OF the sssaiisDts.
Apart from the execution Of the laws. so
far as this may be pariicsble, the Executive
has no authority TO decide what shall he the
relations between the federsi government
and South Csrolins. He has been invested
with no such discretion. He possesses no
power TO change the setstioos heretofore ex-
isting between them, much less 10 acknowl-
edge the independence Of that state. THIS
would be to invest O mere Executive officer
with the power OF recogn sing the dissoiu-
tioa Of the ConIe1eracy among our thirty.
three sovereign states. II bears no re-
seniblance TO the recognition Of . foreign
de .facto government, involving no such re-
sponsibility; any attempt TO do this would
on his part be a naked act OF usurPation.--
II Is, there fore, my duty TO rUbmit 10 Con.
gress the whole question in oil its bess n,s l..
The course OF events is so rapidly Fastening
forward, that tie emergency rnay arise when
you may be called upon TO decide the mo.
mentous question whether you possess the
powef, by fotce OF arms, TO compel a state Ia
remain in the Union. | should feel myself
recreaut to my duty, were ! not TO express
an opinion on this important subject. The
question fairly stated is: Has the Const,tu.
ton delegated 10 Congress the power to
force a state into submission which is a,.
tempting to Withdraw, OF has actually With
drawn from the Confederacy! IL answered
ia the Affirmative, it must he on the princi.
pie that the power has been conferred upon
Congress 10 declare aud TO make war against
q state.
After much serious reflection, I have ar.
rived at the conclusion that no such power
has been delegated to Congress or TO an,
other department Of the federal government l.
II IS manifest, upon an inspection of the
Constitution, that this is not among IN,
specific and enumerated powers granted to
Congtessi and IL is equally apparent that its
exercise is not necessary and proper fer
carrying into execution any one OF these
powers. SO far from this power having been
delegated to Congress, It was expressly re.
fused by the Convention which framed the
Constitution.
II appears from the proceedings OF that
body on the 3lst Of May. 1857, that th,
clause authorizing an execution Of the force
Of the whole against a delinquent state came
up for consideration. MI. Madison oppose,
il in a brief, but powerful speech, from
which shall extract but single sentence.
lie observed, 'the use Of force against q stat,
would look more like a drclara.ion OF war
than an infliction of punishment. aud would
probably be considered by the party attack.
ed. as a dissolution of all previous compacts
by which il might be bound
Upon his motion the clause was unani.
mously postponed, and was never, | believe,
again presented.
Soon after, on the 9Th Of June. 1871, when
M In al IA.
said: "Any government for the Unltet
States. formed on the supposed practicabili
ty OF using force against the unconsti,u
tional proceedings OF the states, wou Id prove
as visionary and fallacious as the govern.
ment Of Congress-" evidently meaning the
then existing Congress OF the old Confeder.
alton. Without descending to particula lars,
II may be safely asserted that the power to
make war against state rs al variance with
tie whole spirit and intent OF the Conslitu.
ton. Suppose snch war should result in
the conquest OF q state, how are veto govern
it afterwMdsi Shall we hold it as a nro.
vince and govern il by q aespouc poweff
In the nature of things we SPqpha pa ,eory aai ~
aud compel them to elect Senators and Re.
prrsenthiives TO Congress, and To pei form
all the other duties depending upon the "
own yoliiion. and required from the fret
state ns q Constituent member Of the con
feieracy. But if we possessed the power,
would II be wise 10 exercise II under the
existing circumstances The object would
be doubtless 10 preserve the Union. War
would not only present the most elfectnal
means OF destroying il, but would tsnisl
all hopes OF its peaceable reconStruciion.-
Besides in the iraternal conflict a vast
amount Of blood and treasu.e would be ex
pended, rendering future reconciliation be-.
tween the states impossible.' In the mean
time who can fortell what would be the
suferings and prvations Of the people du :
ring its existencc2
The fact IS that cur Union rests npon
public opinion and Gu never he cemented
by the blood OF its citizens shed in civil war
II II cannot live IN th. affections of the peo'
pie, II must one day perish. ConRress pos.
sesses many means Of preserving II by con-
,cIllatiou, but the sword was not placed IL
their hands to preserve it by force. Hui
may be permitted solemnly 10 invoke IN,
icountryinen TO pause and deliberate. befor,
/ they determine to destroy this. the grandes
temple which has ever been dedicated I,
human freedom since the world began. I
has been consecrated by the blood Of ou
fathers, 10y the glories OF our past aud b,
the hopes OF the future. The Union ha
already made us the most prosperous ant
twin, IL preserved, render MS the mos
powerful nation on the lace Of the earth. -
In every foreign region Of the globe tn,
title OF American citizen rs held in th,
highest res. -ct and when pronounce in
! forcigl land, II causes the hearts OF gu
cOnirynen to swell with honest bride.
Surely when We reach the brink OF III,
yswning abyss. We shall recoil with horro
from th' last fatal plunge. by such drea
catastrophe The hopes OF the friends OF free
dom throughout the world would be desttoy
ed and u long night Of l.aden despotisr
would ensbroud .he nations. Our ex,mpl
for more than eighty years would not oniy h.
lost. hut it would be quoted an q conclusiv
1 proof that man rs unfit iUr self government
II is not every wIons, nay, 1t Is not ever
grisyous wrong which cau justify resort I
such a fearful alternative. This ought to b
the last desperate Iem=dy ola despaITIng pea
pie, after every other constitutional mean
i of Cancellation had been exhausted. "
:, should reflect that uUder this free govern
ment there is an incessant ebb and fow {
public opinion. The slavery question lik
everything human will have ills day.
firmly believe that it has already reache
and passed the culmihatIny point. but IT,
NHc " tHc cAisAiuH cNClschchk "
Union shall perish. lhe evil may then b.
come iHeparible.
Congress can contribute much TO avert |
: by proposing aud recommending TO the LEI
islatnres OF the several states the rem Z
, for existing evils which The Constitution h.
| itself provided for IFS own preservation.
, This has be-n tried at different critic
periods Of our history, and always vii
/ eminent success. Il is 10 be found in Il
5lh article providing for lis own amen,
g ment. Under this article amendments ha'
/ been proposed by two thirds oi both lions
Of Congress, and have been ratified by Il
II Legislatures Of three .louI.hs OF the sever
a states. and have consequently become par
y of the Constitution. To this process Il
II coantTy indebted for the clause prohibi
I. ing Congress from passing any law Iespet
|. INK an establishment OF religiOn or abrldg,I
q the freedom Of speech or OF the press. az I,
h. right Of petition. Tothis we ale also indvl
il ed for the bill ofIigbis " hich secured the pc
y. ! nile ayai n 81 INV aims of nowrr hy The f.lrI