Year: 1860

Senate of the United States; 5=@=
The President, in relation to secession, recon-
mends: What in the meantime is the responsibility
and true position of the Executive! He IS bound
by solemn oaths before God and the country to
take care that the laws be faithfully executed and
from this obligation he cannot be absolyed by any
human power. But what if the performance of
this duty, in whole or in part, has been rendered
impracticable by events over which he could have
exercised no controR Such, at the present moment,
is the throughout the State OF South Carolina
so far as the laws of the United States to secure
the administration of justice by means Of the Fed
eral Judiciary concerned. All the Federal oih-
within its limits through whose agency alone
those laws can be carried into execution, have al
| ready resigned. We no longer have District
| Judge, a District Attorney Marshal in South
| Carolina. In fact, the whole machinery of the
Federal Government necessary for the distribution
| Of remedial justice among the people, has been
demolished and it would be difficult if notlmpos-
sible, to replace it. z=s.
The only acts Of Congress bearing upon this sub.
iect are those of the 2sth February, 1875, and Sd
| March 1907. These authorize the President, after
| he shall have ascertained that the Marshal with
| his posse conlitdtus is unable to execute civil or
criminal process in any particular case, to call
| forth and employ the Army and Navy of the
United States to aid him in performing this service
having first, by proclamation, commanded the in
surgents to dsperse and peaceably retire to their
respective abodes within limited time.
| This duty cannot by possibility, be performed
in a State where no Judicial authority exists to
| issue process, and where there is no Marshal TO
execute it, and where, even if there were such an
officer the entire population would constitute one
solid combination to resist him. In the meantime,
in regard to the property of the United States, in
South Carolina, this has been purchased for a
fair equivalent by the consent of the State for the
erection of forts, arsenals, magazines, etc. etc,
and over these the authority to exercise Executive
Legislation has been expressly granted by the Con
stituton to Congress. 1t is not believed that any
attempt viii be made to expel the United states
from this property by force, but. if in this, should
prove to be mistaken, the officers in command OF
the forts have received orders 10 act entirely upon
the defensive in such an emergency.


The responsibility for consequences would right
fully rest upon the head of the assaiants. Apart
from the execution of the laws, far as this may
be practicable, the Executive has no authority to
decide what be the relation between the Federal
| Government and South Carolina. He has been in
| vested with no such discretion--he possesses no
power to change the relations heretofore existing
between them, much less to acknowledge the inde
pendence of that State.


This would be to invest mere executive officer
with the power of recognizing the dissolution o
the Confederacy existing among our thirty-three
sovereign States.


1t bears no resemblance to the recognition of q
foreign de fdct0 Government, involving no such res
possibility.


ANY attempt to do this would, on his part, be g
naked act of usurpaton it is therefore my duty tC
submit to Congress the whole question in all it
bearings The course of events is rapidly
, fastening forward that the emergency may soor
arise when you may be called upon to decide th'
IL
power, by force Of arms, to compel state to re
main in the Union.


should feel myself recreant to my duty were
not to express an opinion on this important sup
ject.


Tie question, fairly stated, is Has the Constitu
| ton delegated to Congress the power to coerce
State into submission which intends to withdraw
or has actually withdrawn from the Coniederaey
If answered in the affirmative, it must be on tn
principle that the power has been conferred upo
Congress to declare and make war against
State.


After much serious reflection, I have arrived g
the conclusion that no such power has been dele
gated to Congress- or TO any other department {
the Government 1t is manifest, upon inspectio
10 of the Constitution, that this is not among til
specific or enumerated powers granted to Congress
and ii is equally apparent that its exercise Is nc
N necessary and proper for carrying INTO execute
any one of these powers so tar from tins poWe
IN having been delegated to Congress, it was e,
pressly refused by the Convention which forme
the Constitution.


1t appears from the proceedings of that bod,
O that on the 3lst day of May, 1857, the claus
= authorizing the execution Of the force Of the who
country against delinquent State came up fe
consideration.


full speech, from which shall extract but singl
sentence


He observed the use of force against Sta
would look more like declaration of war than q
inhicton Of punishment and would probably
considered by the party attacked as dissolutie
of all previous compaets by which they might /
bound.


Upon his motion the clause was most unal
mously postponed and was never, believe, aga
presented Soon afterwards, on the Sth day
june a. D. 1887, when incidentally adyerting
the subject, he said, that any Government for Il
United States formed on the supposed praetic
bty of using force against the Constitutional pr
ceedings of the States, would prove as visiona
and fallacious as the government of CongreE
tc. evidently meaning the existing Congress of Il
old Confederation. Without descending topartc


arize, it would be safely asserted that the pow
to make war against State is at variance wi
the whole spirit and intent OF the Constitution.


Suppose such war would result eonse1ue
upon the action of State, how are we to gove
it afterwards? Shall we hold it as province al
govern it by despotic power?


In the nature of things we could not by physc
force control the will of the people so far as
. compel them to elect Senators or Representatiy
to Congress- or to perform all the other duties
pending upon their own yolitlon, and requlr
from the free citizens of free State, as Cons
tutional member of the Confederacy. But, if V
were possessed of this power, would it be wise


exercise it under the existing circumstances? i
| object would doubtless be to preserve the Uno


War would not only present the most effectu
means of destroying it, but would Danish all ho
&C., Of its peaeeabe reconstruction besides, in t
fraternal conflict, contest of blood or treasu
would be expended, rendering future reconci
alton between the States impossible.


In the meantime who can foretell what would


the sniferings or priYations of the people duri
md the existence of such war. But may be pt
mitted solemnly to invoke my eountrymento to pau
and deliberate before they determine to destr
& this, the grandest temple which has ever been de-
Gated to human freedom since the world began.
i, 1t has been consecrated by the blood of h
fathers, by the glories of the past, and by t
hopes of the future. The Union has already ma
US the most prosperous, and, ere long will, if pl
served, render us the most powerful nation on
face of the earth. In every foreign region of t
c. globe the title of American citizen is held in
highest respect, and when pronounced in q forei
land, it causes the hearts of her countrymen


swell with honest pride.


Surely, when we reach the brink of the yawni
abyss, we shall reeoil with horror from the lei
fatal plunge.


By such dread catastrophe the hopes of /


friends of freedom, throughout the world, wol


be destroyed, and a long night of leaden desl


tism will enshroud the nations.


Our example for more than eighty years Wol


not only be lost, but it would be quoted as a CT


elusive proof that man is unfit for self.governme


1t is not every wrong it il not every gri


Gus wrong which can justify resort to such


fearful alternative. This ought to be the last d


perate remedy of desparing people, after eve
,ce other constitutional means of Cancellation has be


exhausted. We should reflect that under this fl


government there is an incessant ebb and flow


public opinion.


The slavery question, like everything hum


will have its day. firmly believe it has area
,ar reached and passed the eliminating point; but
'e in the midst Of the existing excitement the Un
ces, shall perish the evil may become irreparable.