The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-04

no su;h us1e lie 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 a mere Executive of.
hcer with the power of recognising the dissolution of
tne Conlederacy among our thirty-three sovereign
States 1t bears no resemblance to tho recognition
OF foreign de Uo government, involving such re-
sponsibility. Any attempt TO do this would on his
part be naked act of muration. II IT, therefore my
uuy 20 submit TO Congress the whole Question tn all its
DeaFipSs Inc course on events is rapidly Fastening
FORWARD That the emergency may soon arise when yo,
may he called upon to decide the momentous question
whether you possess the power by force of arms to
compel a State to remain in the Union l should
ieei myself recreant to my duty were not to express an
opinion on this important subject
Inc Question fairly stated is Has the Constitution
delegated to Congress the power coerce State into
SUBMISSION Wnich Is attempting to withdraw has
tuay Withdrawn from the Confedeacy' If answered In
the affirmative, 1t must be on the principle that the
power has been conferred upon Congress declare and
10 make war against State After much serious refec-
on have arrived ut the conclusion that no such power
has been delegated to Congress to any other depart
ment OF the Federal Government 1t is manifest upon
an inspection of the Constitution that this is not among
the SPECIFIC and enumerated powers granted to Congress
anu equally apparent that its exercise Ia not neoes-
sy and proper for carrying into execution any one of
THESE powers So FIR from this power having been dele
gated TO Congress- it expressly refused by the
Vention which framed the Constitution
1t appears nom the proceedings of that body that on
the 5lSt May 1887, the clause dAorisng an ereon Of
me Jorce Of the 'oe against delinquent Sote came I'D for
consideration, Mr. Madison opposed it in brief but
powerful speech from which shall extract but sin
sentence de observed; "The use of force against
state would look more like declaration of war than an
ncton of punishment and would probably be considered
by the party attacked dissolution of all previous COM
pacts by which 1t might be bound" Upon HE motion
Tue clause was unanimously postponed, and never
DeIeVe again presented. Soon afterwards on the Sth
june 1884, when incidentally adyertng to the subject he
said: Any Government for the United States formed on
the supposed practfoabty of using force against the un
constitutional proceedings of the States would prove as
visionary and taacious tho government of Congress
evidently meaning the then existing Congress of the old
Confederation.
Without descending to particulars it may he safely as
Serted that the power to make against State il at
variance with the whole spirit and intent of the Con.u
ton. Suppose such should result in the conquest
OF State, how are We to govern it afterwards? Shall
we hold 1t as province and govern it by despotc DOW
err In the nature of things could not by physical
FORCE control the will of the people, and compel them to
elect senators and representatives to Congress and to
form all the other duties depending upon their own Volt
ton, and required from the free citizens of free State as
constituent member of the Confederacy
But If we possessed this power would it be wise to
exercise 1t under existing crcumsancesl The object
would doubtless be TO preserve the Union War would
not only present the most ectua means of DESTROYING
it, but would Danish all hope of It's pesceabe recorstruc
ton Besides In the aternal conflict vast amount of
blood and treasure would be expended rendering future
reconciliation between the States impossible In the
mean time who oreell what would he the suerin-s
and priYatlons OF the people during its existence2
The fact h. that our Union rests upon public opnion
and can meyer be cemented by the blood of Its citizens
shed in civil If 1t cannot live in the affections of
the people, 1t must day perish. Congress possess
many mesns Of preserving 1t by coaoation but the
sword was not placed in their hand to preserve it by
| force.
But may be permitted solennly to invoke NV coun
trymen to pause and Deliberate before they determine
to destroy this the grades temple which has ever been
dedicated to human freedom since the world began II
has been oonsected by the blood OF fathers by the
glores of the past and by the hopes of the frre Jc
Union has already made the most PROSPEROUS and ere
long, WILL preserved, render the most powerful ma
ton on the face OF the earth In every foreign re
gion OF the globe the title of American citizen is held
in the highest respect and when pronounced In a for
egn land 1t the hearts of our countrymsn to
swell with honest pride. Surely when we reach the
brink OF the yawning abyss, shall reco with horror
from the last fatal plunge BY such dread catastrophe
the hopes Of the friseds Of freedom throughout world
would be destroyed and long nsht Of tuaaea despot
ism would enshroud tina nations Our example for
eighty years would not only be lest bat 1t would
I've quoted az conclusive proof that is unf! for self
government.
1t il not every wruns-nay, it Is not every grevous
wong-whch can Justify resort to such fearful alter
native This ought to he the last desperate remedy OF
dsparng people after every other constitutional means
OF eonclaaon had been exhausted We should reflect
that under this free Government there Is an ncasant
ebb and flow in public opinion. The slavery question
IKE everything human will have its day. firmly be-
lmi-
mating point But it, in the midst of the existing ex
element the Union shall perish the evil NAV then be-
come rreparabe Congress contribute much to avert
by proposing and recommending the legislatures Of
the several States the remedy for existing evils which
the Constitution has itself provided for its own
ton This has been tried at different critical periods of
our history and always with emnent SUCCESS It il tn
be found in the 9Th article providing for its own amend
ment. Under this article amendments have been pro-
posed by twothirds of both houses Congress and have
been ratified by the legislatures of of tba
several etates. and have consequently become parts
of the Constitution. To this process the country i in
aeoed of the clause prohibiting Congress from passing
any law respecting an establishment religion OF abridc
ing the freedom of speech of the press or of the RIGHT
OF peuon 10 this We are also indebted for the Bill of
lights which secures the people against any abuse of
power by the Federal Government Such were the an
prehenslons Justly entertained by the fieads of State
rights at that period to have rendered it extremely
uouOu whether the Constitution could have long sur
viVed without these amendments.
again. the constitution was amended by the same pro-
cess after the election of President Jefferson by the House
OF Representatives, in February 1903 This smendmsnt
Was rendered necessary to prevent recurrence of the
dangers which had seriously threatened tho exIstena If
the during the tendency of that election The
acie of us own amendment intended to secure the
amrabe adjustment of conflicting constitutional QUESTIONS
Ike the present, which might arise between the govern
nents OF the States and thai of the United States This
appears from contemporaneous history In this coanee
ton shall merely call attention to few sestsace. In
MI hadsons justlyceebrated report In 1899 to t,n
legislature of Virginia In this he ably and ooncuyely
defended the resolutions of tho preceding Legislatures
against the structures of several other State Legislatures
These were mainly founded upon the protest of the
Virginia legislature against the ''Alien and Sedtion
Acts, as '.palpable and alarming infractions of the
Constitution" In pointing out the peaceful and
constitutional remedies and he referred to none other
to Which the States were authorized resort on such
occasions, he concludes by saying, ''tlat the egis
iatures OF the States might have made direct repre-
sentation to Congress with view to obtain resembling
OF the two offensive acts they might have represented
o-thrls thereof would nronnse