Year: 1860

= ceIVed orders to act strictly on the uelen
sive. In such a contingency, the respons
| bility for consequences would righttully res
. upon the heads of the assailants. Apar
: from the execution of the laws, so far as thi;
may be practicable the Executive has nc
authority to decide what shall be the rcla-


tions between the Federal Government and
South Carolina. He has been invested with
no such discretion. He 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 officer with


the power of recognizing the dissolution of


the confederacy among our thirtY-three SOW


ereigu States 1t has no resemblance to


the Reorganization of foreign de.facto gov


ernment, involving no such responsibility;


any attempt to do this would on his part be


naked act of usurpation. 1t is, therefore,


my duty to submit to Congress the whole


question in all its bearings. The course of


events is so rapidly Fastening forward that


the emergency may 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 recreant


to my duty were | not to express an opinion


on the important subject. The question


fairly stated is Has the constitution dele
gated to Congress the power TO force a
| State into submission which is attempting
! to withdraw, or has actually withdrawn
from the confederacy If answered in the


affirmative, it must be on the principle that
| the power has been conferred upon Congress
10 declare and to make war against State.
After much serious reflection l have ar


rived at the conclusion that no such power


has been delegated to Congress or to any


other department of the Federal Govern


ment. 1t is manifest, upon an inspection Of


the Constitution, that this is not among


the specific and enumerated powers granted


to Congress and it is equally apparent that
its exercise is not necessary and proper for
carrying into execution any one of these
powers. So far from this power having


been delegated to Congress, it was express
ly refused by the Convention which framed
the Constitution.


1t appears from the proceedings of that
body, on the 3lst of May 1897, that the
clause authorizing an execution of the force
of the whole against delinquent State
came up for consideration. Mr.. Madison
opposed it in a brief, but powerful speech,
from which shall extract but single SEN
tence. He observed "the use of force against
a State would look more like a declaration |
Of war than infliction Of punishment, and |
would probably be considered by the party
attacked, as a dissolution of all previous
compacts by which it might be bound"


Upon his motion the clause was unani-
mously postponed and was never, believe, |
again presented.


Soon after, on the 9th Of June, 1897, |
when incidentally adverting to this subject,
he said: "Any Government for the Unit
ed States, formed on the supposed practical
- tIo
tional proceedings of the States, would prove
as visionary and fallacious as the Govern
ment of Congress" evidently meaning the
then existing Congress of the old Confede-
ration Without descending to particulars,
it may be safely asserted that the power to
make war against a State is at variance
with the whole spirit and intent of the Con-
stitution. Suppose such war should re-
suit in the conquest of State how are we
to govern it afterwards? Shall we hold it
as province and govern it 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 depending upon
their own obligations, and required from the
free citizens of a free State as a constitution
al member Of the Confederacy. But if we
possessed the power, would it be wise to
exercise it under the existing circum-
stances? The object would be doubtless to
preserve the Union, which would not only
present the most effectual means of destroy
ing it, but would Danish all hope of its
peaceable reconstruction. Besides in the
fraternal conflict a vast amount of blood
and treasure would be expended rendering
future reconciliation between the States i'm
possible. In the mean time, who can fore
tell what would be the sufTerings aud pri-
vations of the people during its existence
Tie fact is that our Union 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 one day perish. Congress possesses
many means of preserving it by Cancellation;
but the sword was not placed in their hands
to preserve it by force. But may / be per-
mtted solemnly to invoke my countrymen
to pause, and deliberate before they deter
mine to destroy this, the grandest temple,
which has ever been dedicated to human
freedom. Since the world began it has been
by the blood Of our Fathers, by
the gIories of tn e past, and by the hopes Of
the future and the Union has already made
US the most prosperous, and ere long will, if
preserved, render us the most powerful ma
ton on the face of the earth.


In every foreign region of the globe the
title of American citizen is held in the
highest respect, and when pronounced in
foreign lands, it causes the hearts of our
to swell with honest pride. - I
Surely, when we reach the brink Of the a
yawning abyss, we shall recoil with horror l
from the last fatal plunge. By such a |
dread catastrophe, the hopes Of the friends :
of freedom throughout the world would be q
and long night Of leaden des- L
potism would enshroud the nation. Our
example for more than eighty years would
not only be lost, but it would be quoted as
a conclusive proof that man is unfit for self f
government. 1t is not every wrong, nay, :
it is not every grievous wrong which can
Justify a resort to such fearful alternative
This ought to be the last desperate remedy i
Of a despairing people, after every other ,
means. of Cancellation had
been exhausted. We should reflect that
under this free government there is an in ,