Year: 1860

drawn from the Coufderacy? If answered
in the affirmative, it INST be on the principle
that the power has BEN conferred upon Con-
gress TO declare and make war against a
State. After much seious reflection. have
arrived at the conclusb on that no such power
has been delegated ID Congress, or to any
other department of tie Federal Government.
Ii is manifest, upon al inspection of the Con-
stitution, that this is not among the specific
and enumerated powGs granted to Congress,
and 1t is equally appafent that its exercise is
not necessary and piper for carrying into
execution any one of these powers. So far
from this power having been delegated to
Congress, it was especially refused by the
Convention which formed this Constitution


1t appears from the proceedings of that body
on the 3lst OF May, IIs7, that the clause au-
thorlzing an execution of the force of the
whole Government against delinquent State
came up for consideration. Mr.. Madison op-
posed 1t in brief but powerful speech, from
which shall extract but a single sentence
lie observed, +" The use of force against a
State would look more like declaration of
war than an infiction of punishment, and
would probably be considered by the party
attacked as dissolution of all previous COM
pacts by which it might be bound" Upon
MS motion the clause was unanimously post
poned, and was never, | believe, again pre-
sented. Soon AFTER on the 9th of June, 1887,
when incidentally adverting to this subject,
he said any Government for the United States,
founded On the supposed practicability OF
using force against the unconstitutional pro-
ceedings. of the States, would prove as vision
AIRY and fallacious asthe Government of Con-
gress-evidently meaning the then existing
Congress of the old Confederation Without
descending to particularize, it may be safely
asserted that the power to make war against
State is at variance with the whole spirit
and intent of the Constitution. Suppose such
swar should result in the conquest of a
State, how are we to govern it afterwards ?
Shall we hold it as province and govern ii
| by despotic power? 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 of free
State, as a constitutional member of the Con-
! federacy. But if we are possessed of the
| power, would 1t be wise to exercise it under
the existing circumstances The object
would be doubtless to preserve the Union, but
would not only present the most effectual
means of destroying it, but would Danish all
hopes of its peaceful reconstruction. Besides,
in the traternal conflict vast amount OF
blood and treasure would be expended, rem
dering future reconciliation between the
States impossible in the meantime. Who can
foretell what would be the sufferings and pri-
vations of the people during its existence
The fact is, that our Uuion rests upon public
opinion, and can never be cemented by the
blood of its citizens shed in civil war. If it
cannot live in the affections of the people it
must some day perish. Congress possesses
many means of preserving by conciliation,
but the sword was not placed in their hands
to preserve it by force.