Year: 1861

oAcoutlnS the laws lOr tne c0llect0n OF tne GUS
TOMS The revenue still continues To be collect
cd as heretofore, at tho Custom House, at Char
lesion and should the collector unfortunately re.
sigma successor may be appointed to perform
this duty Then, in regard to the property Of
the United States in South Carolina, this has
been purchased for fair equivalent, byith. con-
sent Of the Legislature Of the State, sAa crec-
.ton oi forts magazines, arsehals, &C., and over
these the authority to exercise exclusive legsla.
ton has been expressly granted by the Court to
Congress.


1t ishot believed that any attempt will bc made
to expel the United States from its property
there by force but il this should prove q mistake
the officers in command Of the forts have received
orders to act strictly on the defensive. In such a
contingency the responsibility for consequences
would rlghtluly rest apon the heads of the assail
ants, 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. Hepossesses no power to change the
relations heretofore existing between them, much
less to. acknowledge the independence of that
state. This would be to invest mere Executive
officer with the power ofrecognizing tho dissou-
ton ofthe confederaCy among our thirty three
sovereign States 1t has no resemblance to the
Reorganization of foreign de fac.o government in
volying no such responsibility any attempt to do
thls would on his part be naked act of usurpa
ton.


1t ID 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 COM
pei State to remain in the Union. | should
feel myself recreant to my duty were to express
an opinion on the important subject The ques-
ton fairly stated Isl Has the Constitution dele
gated to Congress the power to force State into
submission which is attempting, to withdraw, or
has actually withdrawn from the Conlederacy!--


Unanswered 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, Ihaye arrived at
the conclusion that no such power has been del
egated to Congress or to any other department of
the Federal Government 1t is manifest, upon
an inspection OF the Constitution, that this is not
among the specific and enumerated powers gran
ted to Congress and it is equally apparant that
its sexereise is not necessary and proper fof car
ying into execution any one of these powers
So far from this power having been delegated to
Congress, it was expressly refused by the Con
yention which framed the Constitution.


1t ltappears from the proceedings Of that body,
on the 3lst Of fMay, 1887, that the clause author
izing an execution Of the force Of the whole
az ainst delinquent State, come up for considen-
ton Mr. Madison opposed it in brief but
powerful speech, from which shall extract but
a single sentence. lIe observed the use Of force
against State would look more like dechra-
ton of war than an infection of punishment, and
would probably bc considered by the party at
tackled as dissolution Of all previous compactS
by which it might be bound"


Upon his motion tho clause was unanimously
postponed, and was never believe, again presen-
ted.


Soon after on the Sth Of June, 1881, when in
cidently adverting to this subject, he said "Any
Government for the United States, formed On the
supposed practicabilhy Of using force against the
unconstitutional proceedings of the States, would
prove as visionary and iaacious as the Govern
ment of Congress" evidently meaning the then
existing Congress Of the old Confederation
Without descending to particulars it may be safe
ly asserted that the power to make war against
q State is at variance with the whole spirit and
int ent Of the Constitution. Suppose such war
should result in the conquest Of a State, how are
we to govern it afterwards! Shall we hold it as a
province and govern tby dospotic pOwcr'


In the nature ofthings we could not by physi-
cal force control the will of tho people, and com
pei them to elect Senators and Representatives to
Congress, and to perform all the other duties de-
pending upon their own relation and required
from free citizens Of free States as constitution
al meber Of the Confederacy. But five possessed
the power, would it 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 ohectual means Of destroy
ing it, but would Danish all hope Of its peaceable
reconstruction. Besides in the frsternal conflict
vast amount Of blood and treasure would be ex-
pended, rendering future reconciliation between
the States impossible. In the mean time, who
can fort ell what would be the suffering and prya-
tions Of the people during its existence The fact
is that our Union rests upon public opinion, and


never be cementsd by the blood ofits citizen