Year: 1860

ulation wou d combine IN one solid col


umn to resist him.


The mere resistance of these proyiS


ions proves how inadequate they are


without further legislation to overcome


united opposition 10 single State, not t,
/ speak OF other States who may piace them


selves In a similar attitude. Congress
! alone has power to decide whether tn,
| present laws cannot be amended so as t,


carry out more etfectually the objects o


the Constitution. The same insuperablt
obstacles do not lie in the way of exacuLipl


the laws for the collection of The customs
The revenue still continues to be collected
/ as heretofore at the Custom House ir
| Charleston, and should the Collector un.


fortunately resign, successor may be ap.
pointed TO perform this duty Then. il
regard to the property of the United
States in South Carolina, this has been
purchased for fair equivalent, by the con.
sent of the Legislature of the State for the
erection of forts, magazines. arSenals, &c
and over these the authority to exercise ex-
elusive Legislation has been expressly
granted by the Court to Congress. Il is
not believed that any attempt will be
made to expel the United States from this
property by force but if in this | should
prove TO be mistaken, the Office. in COM
mand of the forts has received or ers to
act strictly on the defensive. In such a
contingency, the responsibility for conse-
quences 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 au-
thorlty to decide W hat shall be the rela-
atlous between the Federal Government
and South Carolina. He possesses no
power TO change the relations heretofore
existing between them, much less to &C
knowledge the independence of that State.
This would be to invest mere Executive
officer with the power of recognizing the
dissolution Of the Confederacy among our
thirty three sovereign States. 1t has no
resemblance to the recognition of foreign
aetocto government involving no such re-
sponslblllty; any attempt to do this would
on his part be a naked act oi usurpation.
1t is. therefore, my duty to submit to
Congress the whole question in all It's
bearings. The course of events is so rap
Idly FASTENED forward that the emergency
may -rrve when you may be called upon
to decide the mon.entous question whether
you possess the power, by force OF arms,
to compel State to remain in the Union
| should feel myself rccreant to my duty
were not to express my opinion on the
important subject, The question fairly
stated is: Has the Constitution delegated
TO Congress the power to force State in-
to submiss on which is attempting to with
draw, or has actually Withdrawn from the
Confederacy? If answered in the affirm
alive, it must be on the principle that Tie
power has been conferred upon Congress
to declare and to make war against State.


After much serious reflections l have
arrived at the conclusion that no such
power has been delegated to Congress or
to any other department of the Federal
Governmet. 1t is manifest. upon an in
specLlon 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 delegat-
ed to Congress, it was expressly refused
by the Convention which framed the Con-
stitution.


L appears from the proceedings of that
body, on the 31st of May, 1887, that the
clause authorizing an execution of the
force of the whole against deli quent
State came up for consideration. Mr..
Madison opposed it in a oriet, but power
full speech, from which shall extract but
a single sentence. He observed The
Use of force against State would look
more like declaration of war than an in-
Fiction 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 bis motion the clause was unani-
mously postponed, and WAS never, | be-
lieve, again presented.


Soon after, on the 9Th of June, 1897,
when incidentally adverting to this sub
jeet, he said ANY Government for tue
United States, formed on the Supposed
practicabiIity of using force against The
unconstitutional proceedings Of the States,
would prove as visionary and falIacloas
as the Government of Congress-" evil
IDENTIFY meaning the then existing Congress
Of the old Confederation. Wbithout de-
scending to particulars, 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 war should result in the
conquest of State how are we to govern
it afterwards? Shall we hold it as a pro-
vince and govern it by despotc power :?
In the nature of things We could not by
physical force control The will of the peo-
pie, and compel them to elect Senators
and Representatives to Congress, and to
perform all the other duties depending up
on their own relation. and required from
the free citizens of free State as con-
stitutional member of the Confedracv.
But if we possessed the power, would it
be wise to exercise it under the existing
circumstances? The object would be
doubtless to preserve tie Union, but
would not only prevent the most effectual
means of destroying it, but would Danish
all hope of its peaceable reconstruction.
Besides, in the fraternaI conflict vast
amount of blood and treasure would be
expended, rendering fuiule reconciliation
between the States impossible. In the