The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1860-12-06

o and over these the authority to exercise exclusive
legislation" has been expressly granted by the Consttu
ton to Congress. It not believed that any attempt
will be made expell the United States from this prop
ery BY orce but in this should prove 70 be mistaken,
the officer in command Of the forts has received orders to
act strictly on the defensive In such contingency lhe
for consequences would rghtfuly rest
upon the heads the Assailants.
AparfTom the execution Of the laws far as thismay
be practicable the Executive has authority TO decide
what shall be the relations between the federal govern
ment and South Carolina He has been invested with
such discretion He possesses no power TO change
the relations heretofore existing between them much
less to acknowledge the independence Of that State.
This would be TO invest mere Executive o1cer with
the power Of recognizing the dissolution Of the Coneder-
acy among our thrty-lhree sovereign States. 1t bears
resemblance to the recognition Of foreign de Jdclo
government involving no such responsibility. Any at
tempt to do this would, his part, be naked acto
usupation. 1t is therefore my duty to submit to Con
grefs the whole question In all its BEARINGS Inc course
Of events rapidly Fastening forward that the emer
gency may soon arise, when you may DC called Upon ~
power By force Of arms, to compel State TO remain In
the Union. should feel myielf Tecreant to my duty
were not TO express an opinion on this important
subject
The question fairly stated Is: Has the Constitution
delegated to Congress the power to coerce State into
submission which attempting to Withdraw or has ac
in the affirmative, II must be en- the principle that ths
power has conferred upon Congress to declare and
to make against State. After much serious rehec-
on have arrived at the conclusion that 10 such
has been delegated to Congress or 10 any other depart
ment Of the Federal Government. 1t Is manifest upon
inspection Of the Constitution, that this mot among
The specific and enumerated powers granted to Congress-
and equally apparent that Its exercise is not necea
ary and proper for carrying into execution" any one OF
these powers. So far from this poEer having been dele
gated to Congress- It expressly refused by the con-
yention which framed the Constitution.
appears from the proceedings Of that body that on
the 3lst May I7s7 the clause "dutAoTisin0 an erer
tion Of the force Of the tcAOle against delinquent
&ItsS came up for consideration. Mr.. Madison op.
posed II in brief but powerful speech, from which
shall extract but single sentence He observed: The
use Of force against state would look more Ike dec
laration OF war than iLhction OF punishment; and
would probabyt considered by the party attacked as
dissolution OF all previous compacs BY which II might
10 bound" Upon bis motion the clause was unanimous
ly postponed, and was never believe again presented.
Soon after wards the Sth june l7e7 when inciden-
tally adveIting to the subject, he aid: ANY Govern
ment for the United saes formed on the suppoed prac-
tcabity Of using force against the pro-
ceedngs OF the States, would prove as visionary and fall
lacious as the government Of Congress" evidently
meaning the then existing Congress Of the old Oonede-
ration.
Without descending to particulars II may b. safely
sered that the power to make against State s at
variance with the whole spirit and intent OF thi Constu
lion. Suppose such war should result In the conquest
Of State how we to govern 1t afterwaTdsi Shall
we hold It province, and govern 1t by depoc pow.
erf In the nature OF things we could not, by physical
force control The will Of the people and compel them to
elect senators and representatives, to Congress, and to
perform all the other duties dependig upon their own vo'
tlon and required from the free citizens OF free STATE
q as constituent member Of the Confederaey.
But II we possessed this power would II be wise TO ex
erclse IL under existing crcumstancesf The
doubtless be TO preserve the Union War would not on
y present the most ecual means OF destroying IT. bu
would Danish all hope Of Its peAceabe reconstruction
Besides in the ateTnal conflict vast amount Of blood
and treasure would be expended rendering future
l. Catlon between the States impossible. In the mean
time, who can oretell what would be the suerngs and
d priyations Of the people during Its exhtence2
The fact 10, that our Union rests upon public opinion
and can never be cemented by the blood Of It's ctztn
shed in civil II 1t cannot live In the affections oil
he people, 1t must day perish. Congress posses
n many t preserving It by conciiaton but h'
sword not placed In their hand to by force
But may be peru tiled solemDly 10 invoke my coun
rymen to pause AID deliberate before they determine
detroy this the graLdest temple whi.h hiss ever beer
h dedicated to human eedom since the world begani
has been consected by the blood OF our fahes by tn
gories Of the past and y the hopes Of the future. Th
Union has already made the most prosperous and
long will preserved, render us the most powerful ma
he lion on the face Of the ea'th 10 every foreign region
ed the globe, the title Of American citizen held In III
ht highest respect and whe pronounced In foreign Ian
IN II causes the hearts OF cur countymen to swel wit
honest pIlde Surely, when we reach the brink OF tn
ga yawnng ABYSS We snail sco w, ~ ns a
10. The frerds Of freedom throughout the world would
e. DESTROY ed, and long night Of eaden despotism wou
ly ensrOud the nations. Our for more Than eight
years would not only be lott but be quoted
concluIye proof that man Is unfit for segovernment.
Of 1t Is not every wropg-nay II Is not every grievou
or wrong-whch can justify resort 70 such fearful aer
desparing people, after every other constitutional
pt Of Cancellation had been eSh used We should renec
that under this free Government there an incessar
x elb and How In public opinion The slavery question
like every thing human, will have Its day. firmly b,
eye that has already reached and passed the cumin
In ting pont But H. in the midst Of the existing excite
ith ment the Union shall perish the evil may then becon
IN Iteparable. Congress contribute muh TO ayett
proposing and recommending to the Legislatures Of
several States The remedy for existing evils, which 4
er. Consultation has itself provided for It's preservato
haa different critical peTOds
the history and always with eminent success II s to
of found In the 5h article providing for Its own amendmen
the Under this article amendments have been proposed
law twohrds Of both houses Of Congress- and have be-
ind ratified by the Legislatures OF threeourths OF the Sc
ate eral saes and have consequently become parts Of
Constitution. To this process the country Is indebt
10 for the clause prohibiting Congress from passing any
ep respecting On establishment Of religion, abridgng
late freedom Of speech Of the press or Of the right Of pc
10Th on To this also indebted for the Bill Of Rgh
be which the people against any abuse OF power
itu the Federal Government Such were the apphensio
Justly entertained by the friends Of State Rights at Il
u period as have rendered II extremely doubtful whetf
MS The Constitution could have long survived without tn
ihe AGAIN the Constitution was amended by the same
own cess after the election OF President Jefferson the Ho,
pect Of Representatives., In February, leO3 This ameI
old ment was rendered necessary to preventa
is the dangers which had seriously threatened the exsei
This the Government during the pendency Of that eec
The article for It's own amendment was intended to-
qu cure the Amcabe ustment conflicting constitution
Of questions like the present. which might arise betwt
per the governments of the States and that Of the Uni
act sates. This appears from contemporaneous history
18th In this connection, shall merely call attention To
has sentences In Mr. MAdisons jusy-ceebated report
ted l7lO to the legislature Of Virginia. In this he ably
concusvely defended the resolutions Ct the preced
Ion legislature against the structures Of several other 81
d Of eSsatures These were mainly founded upon the
igh test OF the Virginia legislature aganit the "Alien
ateS sedition Acts % 'papabe and alarming niraction
,sse the Constitution In pointing out The peIceia
IRE constitutional remedies ana ne referred 70 none other
which the States were authorized 10 resort, such
on caslon he concludes bySayng that the legislatures
ton the States might have made direct representation
,uRh Congress with view 10 obtain Iescnding Of the
offensive acts, or they might have represented to Il
riu respective senators In Congress their wish that two
ign thereof would propose an explanatory amendment to
ndu Constitution twothiTds OF themselves, II such
the been their option, might by application to 0ongr
ton have obtained aconyention for the same object"
olu This Is the very which earnestly recommen
ntcr SuOn on the subject Of slavery This might Orgir
hty with Congress the State legislatures may be deer
ID Of most advisable to obtain lhe, object
lous The explanatory amendment might be confined to
final settlement Of the true construction Of the Const
rived tlon on three special points
ie Of l. An express recognition Of the right Of property
the slaves In the States where 1t now exists or may herea
nson exist.
In g. The duty Of protecting this right In all the conf
and Territories throughout their territorial existence
until they shall be admitted as States into the Uni
ons with or without slavery, as their constitutions may
tates scribe.
Of a. like recognition Of the right Of the master to
h his slaye who has escaped from State to another
op. stored and delivered up TO hm, and OF the Yadit
ex the fugitive slave law enacted for this purpose, toge
ex. with declaration that all State laws lmparing or
II il feang this are violations Of the Constitutions
ones arc consequently null and void.
and II may be objected that this construction OF the
pen stuon has already been settled by the Supreme O.
that the United States, aud whatmore ought he requi
and The answer h that very large proportion Of the pc,
nhe OF the United States still contest the correctness OF
dan decision, and viii cease from agitation and
less It's binding force until clearly established by the PEE
liable Of the several States In their sovereign character
an explanatory amendment would, II Is believed, for
true terminate the existing dssensions and restore peace
oath harmony among the States.
laws II ought not to be doubted that such an appeal TO
arbrament established ny me Consutnuon ITSELF We
the be received with favor by all the States Of The Oone
been Acy. In any event Il ought 10 he tried In spirit Of
oud citation before any Of these States shall separate II
nenl seyes from the Union.
y ~. Mhnn 1 enIn1nh nnnn Tho hnIlaa Of The prnslhe,