Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1860-12-13


States who may place themselves In similar
attitude. Congress alone has power 10 de-
eide whether the present laws can or cannot
be amended so as to carry out more effectu-
ally the objects OF the constitution.
The same insu perable obstacles do not lie
In the way OF executing fhe laws for the collec.
ton Of the Customs. The revenue still con-
tinues TO be collected, as heretofore, at the
Custom House in Charleston, and should the
collector unfortunately resign, q successor
may 5e appointed TO perform this duty.
Then in regard to property OF the United
States In South Carolina. This has been pur-
chased for a fair equivalent, "by the consent
Of the Legislature OF the State," "for the
erection Of forts, magazines, arsenais," &C.,
and over these the authority oto exercise ex.
elusive legislation has been expressly grant
ed by the constitution to Congress. Itisnot
believed that any attempt will be mede to ex-
pei the United States from this property by
force, but ifin this should prove to be mis-
taken, the officer In command Of the forts
has received orders to act strictly on the de-
fensive. In such contingency, the respon-
ibility for consequences would righiiilly rest
upon the heads ofthc assail ants.
Apartfram 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 possesses no power
tn change the relations between them, much
less to acknowledge the independence Of that
State. This would be 10 invest mere Exec
ntive officer with the power Of recognizing
the dissolution ofthe confcderacy among our
thirty-three sovereign States. II bears no re-
semblence to the recognition Of foreign de
facto government, involving no such re spons-
ibiiity. Any attempt TO do that would on his
part, be naked act Of usurpation. II is,
therefore, my duty TO submit TO Congress the
whole question in all its bearings. The
course of events is SO rapidly Fastening for
ward, that the emergency may soon arrive,
when you may be called upon to decide the
momentous question whether you possess the
power, by force of arms, to compel State to
remain in the Union / should feel myself re-
creant to my duty were 1 MT to express an
opinion on this important subject.
Tho question fairly stated is: Has the
constitution delegated to Congress the power
to coerce State into submission which is at
tempting to withdraw or has actually with
drawn from the Contederacy3 II answered
in the affirmative, it must be on the principle
that the power has been conferred upon Con-
gress to declare and to snake war against
State. After much serious reflection have
arrived at the conclusion that no such power
has bS,n delegated to Congress or to any
other department OF the federal government.
1t is manifest, upon inspection of the consti-
tuition, that this is not among the specific and
enumerated powers granted to Congress; and
il is equally apparent that its exercise is not
| necessary and proper for carrying into execu-
tion" 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
n, h. of nat h0fv
that on the 3lst May, the clause authorizing an
exerton Of the force Of the whole against delin-
quent State" came up for consideration. Mr.
Madison opposed it in brief but powerful speech,
from which | sha extract but single sentence.
tie observed:-"The use Of frrce against State
would look more like a declaration of war than
any infliction OF punishment, and would probably
be considered by the party attacked as dissolu'
ton OF NIL previous compacts by which II might be
bound.r Upon his motion the clause was unani-
mously postponed, and was yer, believe, again
presented. Soon afterwards, on the 9th June,
1857. when incidentally adverting to the subject,
he said:-"Any government for the United States,
formed on the supposed praciicabrity OF using
force against the unconstitutional proceedings Of
the State. would prove as visionary and fsllacious
as the government OF Congress"-evidently mean
ing the then existing Congress OF the old confed-
Grafton.
Without descending to particulars, it may be
safely asserted chat the po to make war against
State is at variance with the whole spirit Of the
consti ution. Suppose such war should result in
the conquest of State, how are we to govern it
afterwardsl Shall we hold it as province, and
govern it by despotic powerf In the nature OF
things we could not, by physical force, control the
will oftlie people, and compel them to elect Sena-
tors and Representatives 10 Congress and to per-
form al the other duties depending upon their
own violation, and required from the free citizens
Of free State as constituent member OF the con-
| federacy.
But IL we possessed thi. power, would il be
wise to exercise il under existing 'ciYcumstancesf
| The object would doubtless be TO preserve the
| Union. War would not only prevent the most ef-
fectual means Of destroying it; but would Danish
oil hope OF its peaceable reconstruction Besides,
in the fraternal conflict vast amount of blood
and treasure would be expended, rendering future
reconciliation between the States impossible. In
the meantime, who can forteH what would be the
suferings and privations Of the pc pie during its
exist8nce!
The fact is that our Union rests upon public
opinion and can never be cemented by the blood
Of its citizsn. in civil If il cannot live in
the affections OF the people, it must one day perish
Congress possesses many means of preserving il
by Cancellation; but the sword was not placed in
their hand TO preserve il by force.
| But may be permitted solemnly to invoke my
mntrymen TO pause and deliberate before they
determine 20 destroy this. the grandesi temple
| since the world began. II has been eonsecrnted
by the blood of fathers. by the gories of the
past and by the hopes OF the future. The Union
| has already made us the most prosperous and ere
long, will, If preserved, render Us he most power
| full nation on the face Of the earth In every for
eien region Of the globe the title of nm American n
citizen is held in the he hest respect and when
pronounced in a foreign land il causes the hearts
of our countrymen to swell with honest pride -
Surely when we reach the brink Of the yawning
abyss we shall reco with horror from the last
| fatal plunge. By such q dread catastrophe the
| hopes Of the friends of freedom throughout the
world would he destroyed, and a long night Of
| leaden despotism would enshroud the nations
| Our example for more than eighty years would
no, only be lost but il would be quoted as a con-
elusive proof that man is unfit for selfgovern
ment.
| Il is not every wrong-nay. II is not every
grievous wrong-which can justify resort to
such fearful alternative. This ought 10 be the
last desperate remedy OF despairing people, after
every other constitutional means OF Cancellation
has been exhausted We should reflect that un-
der this free government there is incessant ebb
and flow in public opinion The slavery question,
: like everything human. will have it's day.
firmly believe that it has already reached and
passed the Gu mnating point. But If, in the
midst Of the existing excitement, the Union shall
: perish, the evil may then become ireparable.-
Congress can contribute much to avert il by pro
posing and recommending 10 the Legislature OF the
several States the remedy for existing evils which
the constitution has itself provided for its own
preservation This has been tried at different
critical periods Of our history, and always with
eminent success. II is to be found In the filth
article providing for its own amendment. Under
this article arendments have been proposed by
two thirds Of both houses of Congress, and have
been rati6ed by the legislatures Of three fourihs
Of the several States" and have consequently be-
come parts OF the constitution. To this prooeos
| .,..l.