The weekly Mississippian. [volume] (Jackson, Miss.) 1859-1864, 1861-01-02

twill be remembered that under the Con-
ederation, in the infancy of our Govern
nent, Congress had the control OF the
Army, A large portion of the embarrass-
nents which surrounded military opera
ions, during the war Of the Revolution,
rev out of that fact; and, taught by ex-
1erience, when our fathers formed
new Government, they transferred the con-
,rol of the Army and navy to the President, |
INT here, while the President is conducting |
tn affairs of garrison, it IS proposed to |
ms titute an inquiry to learn what cores
DOudence he has had; what orders he has |
ri zen: what force there is al the place; and
thus to make public the very facts which, |
above all others, the commander of the
Army .nd Navy should have the power to
keep secret. If it were an ordinary case,
we might allow it to pass, and have the
President t exercise his discretion as to
his answer. But it is an extraordinary
case, We know. as the Senator from Vir-
ginia has said, that it must intiame the pub
lie mind to agitate the questions If the
President is derelict in his duty IN any re-
spect, he is amenable; but it is in the other
House, not in this, he should be arraigned.
If the President is supposed to be perform
ing its duty in the manner which best con-
duces to the peace of the country, we
should but embarrass him in his operations
by interfering such an inquiry as is pro-
posed.
Whatever the garrison may be-and l
believe the whole country has full oppor-
tunity to know what it is-the fact is well
known that the President has not the pow
er to increase it; that he could not send
Tho fanf hpinn
known before the company arrived. This
would certainly precipitate action, as 1T
would convey a threat, attended by pre-
parations to execute it, and naturally result
in bringing about the very collision which
every man who loves the peace OF his coun-
try is now endeavoring TO avert. 1t the
object be to remove the garrison, that Is
question the decision of which think pro
perly rests with the Executive, and of
which he is better judge than we can be-
even if he should present to US the full re-
cord of his correspondence and his orders.
If, moreover, lie hns gwen such orders to
the commander OF that garrison, as being
published, would become the subject of
animadversion, perhapsof misconstruction,
our inquiry might result in an irreparable
injury to the public peace and future hope
of those who look forward to an amicable
solution of existing difficulties.
In every view of the case which presents
itself to my mind, it is utterly improper
that we should, under the existing circum-
stances of the case, institute such an inqui-
nv as this. 1t seems to me that gentlemen
who have argued on the other side through
out the whole debate i do not mean this
morning alone-haye constantly proceeded
on the supposition that the States belong to
the Government, and that the Army is
held by the General Government, as one
of its purposes at least, to control the
| States. Surely such was not the intention
of those who framed the Government.
| When the States Invested themselves of the
power to maintain an army and navy,
and gave it to the General Government, it
was that they might be concentrated for
| the purpose of common defense; and if a
case were to arise in which the Federal
troops wels to be employed against State
| it would be case of such palpabfe viola
ton of the spirit of the Constitution, and
| the purpose of its grants, as would not only
| Justify that State, in repelling such ag-
| preston, to resort to any remedy within
| its power, but would claim for its measures
of resistance the cooperation of all true
| supporters of the Constitution.
In the formation of the Constitution il
was not overlooked that a State might re
quire to exercise the military power which
had been delegated to the Federal Govern
ment II was in direct contemplation tina
it might be resumed; and therefore we tnt
in the tenth section of the first article o
the Cor stitution, in the second and thirt
clauses, provision made for exactly such
case as would arise where the danger of
State could net be satisfactorily provided
for by the General Government. Senator
here this morning spoke of this case as i
the garrison of Fort Moultrie was in hostil,
attitude to the city of Charleston if so, i
should be removed; the site was given, a
the Army is maintained, for defense; wh'
will or can reverse the purpose! TIT
States, when forming amore perfect Union
agreed that they would not, without thu
consent of Congress-" keep troops o.
ships of war in time of peace" VIVA
did that meant Did it mean to dives
the States entirely of military power
Did it mean to say that the States should
never exercise any military functions! L
SO, why did this clause of the Constitution
contain the words, without the consen
of Congress 7" Is not the conclusion ire
I sistible that it was foreseen that it might
| be necessary and proper for State to re
sumo this power, and for Congress to give
| it its consent to that change of relation
If there is anything more remarkable
| than all others in this instrument, it is the
| exactness, the accuracy, and the appro.
! priateness of every expression which th'
| Constitution contains, They meant II
express something distinct i'll every sen
tence which was Incorporated into the
solemn compact, by which sovereign func.
tons were to be delegated to the Genera
Government of the States. These men
| fresh from the struggles which they had
made as independent States, when they
| inserted clause like this, certainly looked
to its exercise: and if a case should arise,
| or has arisen, in which State looks upon
the Federal Government as it's enemy,
when the troops of the United States are
viewed as hostile for es, and dread is felt
lest the power of the United States should
be used to subvert the liberties of the
State, the time has come when Congress
should Withdraw its forces, and consent
that the State should keep troops and ships
of war in time of peace, and if need be,
enter into an agreement or compact with
other States, all of which they may, with
the consent of Congress, do under the Con-
stitqtion; and :'if actually invaded, or in
such imminent danger as will not admit
of delay" State may, without the con-
sent of Congress, engage in war; this being
reserved right, and the State the sole
judge of the facts which Justify its exercise.
There is a passage in the second clause
of this tenth section which seems to look
- L.. &c tbinnrS The States
having delegated the power to maintain
an army and navy, and Invested themselves
of the right to maintain ships OF war and
troops in time of peace, and provided that
mo State shall, without the consent OF
Congress, lay any imposts or duties on
imports or exports, except what may be
absolutely neeessary for executing Its
inspection laws" This, taken in con-
nection with the other prohibition ssug-
gests a condition of things in which
Congress might give its assent to State
to lay duties upon imports and exports,
in order that it might provide the revenue
to maintain the exercise of that power
contained in the third clause; which Is
with the consent of Congress, to keep
troops and ships-of-war i'll times OF peace.
1t seems to be provision exactly adapted
if not intended, to give security to State
when distrustful of the General Govern:
ment, and to provide the means of defense
within the Union, which, as a separate
State out of the Union, she would possess
to repel by force the inynsinp of her rights
and the disturbance of her domestic tran
guilty. .,.
trust that these troops are but to perform
the ordinary, and, so far as our own coun-
try is involved, the peaceable function of
holding that fort until transferred to other
duty; but if thcre be danger, permit me |
here to say it is because there are troops |
in it, not because the garrison is too weak.
Who hears of any danger of the seizure
IF forts where there is do garrison There
stands Forts Pulaski and Jackson, at the