Year: 1860




taken, the officer in command of the forts has
recei-cd orders to act strictly on the defensive.
In such contingency, the respor sibility for
consequences would rightfully rest upon the
heads of the assailants.


Apart from 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 to
change the relations between them, much less
to acknowledge the Independence of the State.
This would be to invest mere Executive
officer with the power of recognizing the dis
solution of the confederacy among our thirty
three sovereign States


1t bears resemblance TO the recognltion
of foreign de facto government, involving no
such responsibility, Any attempt to do that,
would on tbs part, be naked act of usurpatien.
1t is, therefore, my duty to submit to Con-
gress the whole question in all its bear
ings. The course of events is SO rapidly hast
ening forward, that the emergency may soon
the nomentous question whether you possess
the power, by force of arms, to compel State
to remain in the Union. 1 should feel myself
recreaRt to my duty were not to express an
opinion on this important subject


The question fairly stated is Has the Con-
stitution delegated to Congress the power to
coerce State into submission which is attempt
ing to withdraw or has actually withdrawn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
to declare and to make war against State
After much serious reflection / have arrived
at the conclusion that no such power has been
delegated to Congress to any other depart
ment of the Federal Government. 1t is mani
tested, upon inspection of the Constitution,
that this is rot, among the specific and emu
merated powers granted to Congress and it
is equally apparant that its exercise is not
necessary and proper for carrying into execu-
ton 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.


1t appears from the proceedings of that body,
that on the 31st May, 1887, the clanse "au-
thorizing an exertion of the force of the whole
against a delinquent State" came up fer con
sidcration. Mr.. Madison opposed it in brief
but powerful speech, from which l shall ex-
tract but single sentence. He observed -
s'The use of force against State would look
more like declaration of war than infic-
ton of punishment, and would probably be
considered by the party attacked ss dissolu-
ton of all previous compacts by which it
might be bound" Upon his motion the
clause was unanimously postponed, and was
never, believe, again presented. Soon after
wards, on the 9Th June, 1887, when acciaen-
tally adverting to the subject he said:-"Any
government for the united States, formed on
the supposed practicability of using force
against the unconstitutional proceedings of the
States, would prove as visionary and failacious
as the government of Congress" "-evidently
mentioning the then existing Congress of the
| old confederation.


Without descending to particulars, it may
be safely asserted, that the power to make war
against State is at variance with the whole
4 spirit of the Constitution. Suppose such q
war should result in the conquest of a State,
how are we to govern it afterwards Shall we
hold it as province, and govern it by despot
| ic power? In the nature of all things we
could not, by physical force, control the will
of the people, and compel them to elect Sena
tors and Representatives to Congress, and to
perform all the other duties depending upon
their own volitioa, and required from free cit
izens of free State as constituent member
of the confederacy.


But if we possessed this power, would it bt
wise to exercise it under existing circumstan-
ces? The object would doubtless be to pre-
serve the Union. War would not only pre-
sent the most effectual means of destroying it





reconstruction. Besides in the fraternal con
f1ict a vast amount of blood and treasure woulC
be expended, rendering future reconciliation
between the States impossible. In the mean
time, who can foretell what would be the suf-
ferings and pri%ations of the people during it
existence


The fact is that our Union rests upon pub
lie opinion and can rever be cemented by tn
blood of its citizens in civil war. If it canno
live in the affections of the people it mast on
day perish. Congress possesses many mean
of preserving it by conciliation; but the swor
was not placed in their hand to preserve it b
force.


But I may be permitted solemnly to invok
my countrymen to pause and deliberate befor
; they determine to destroy this, the grandes
temple which Gas ever been dedicated to hu
man freedom since the world began? 1t ha
been consecratcd by the blood of our fathers
by the glories of the past, and by the hopes Q
the future. Tie Union has already made u
the most prosperous and, ere long, will, if pre-
served, render us the most powerful nation O
the face of earth. In every foreign region Q
the globe the title of American citizen is he'll
in the highest respect, and when pronounce
in a foreign land it causes the hearts of ou
countrymen to swell with honest pride. Surel
when we reach the brink of tie yawnin
abyss we shall recoil with horror from the las
fatal plunge. Bysuch dread catastrophe tn
hopes of the friends of freedom throughou
the world would be destroyed, and lohg high
of leaden despotism would enshroud the ns
tions Our example for more than eight
years would not only be lost, but it would
as conclusive proof that man is unfit for sell
government. -,
, 1t is net every wrong--nay, 1t is not ever
, grievous wrong-which can justify a resort t
, such a fearful alternative. This ought to b
the last desperate remedy of despairing pee
Pile, after every other constitutional means c
cancellation has been exhausted We shoul
reflect that ander this free government thes
is an inccssant ebb and flow in public opinion
, The slavery question, like everything human
: will have its day. | firmly believe that it ha
already reached and passed the culminatia
roint But if, in the midst of the existin
excitement, the Union shall perish, the ev
may then become irreparable. Congress ca
, contribute much to asert it by proposing an