Year: 1860

ceieed orders to act strictly on the de-
fensive. In such a contingency, the
responsibility for consequences would
rightfully rest upon the heads of the
assailants. Apart from the execution
of the laws, SO far as this may be pracs
ticable, 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 here
tofore existing between them, much
less to acknowledge 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 resem-
blanee to tho recognition eff FOREIGN
de:facto government involving no such
responsibility; any attempt to do this
would on his part be a naked act Of
usurpation. 1t is, therefore, my duty
to submit to Congress the whole oues-
tion in all its bearings. The course of
events is SO rapidly hastened forward
that the emergency may arrive when
you may be called upon to decide the
momentous question. whether you pos.
sess the power, by force of arms, to
compel State to remain in the Union:
l should feel myself recreant to my dn-
ty were. l 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 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Withdrawn from the Confederacy If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 to declare
and to make war against States.


After much serious reflection / have
arrived at the conclusion that no such
power has been delegated to Congress
or to any other department of the Fed.
eral Government 1t is manifest, upon
an inspection of the Constitution, that
this is not among the specific and emu
merated powers granted to Congress,
and it is equally apparent that its ex-
ercise is not necessary and proper for
carrying into execution any one Of these
powers. So far from this power hav-
ing been delegated to Congress, it was
expressly refused by the Convention
which framed the Constitution.


1t appears from the proceedings of
that body, on the 31st of May, 1887,
that the clause authorizing an execu-
ton of the force of the whole against d
delinquent State came up for conside-
ration. Mr.. Madison opposed it in q
BRIEF but powerful speech, from which
| shall extract but single sentence:
He observed: "The use of force against
State would look more like declar-
alton of war than an infiiction of pun
ishment, and would probably be con.
sidered by the party attacked as a dis.
solution Of all previous compaets by
which it might be bound"


Upon his motion the clause was
unanimously postponed, and was never,
l believe, again presented.


Soon after, on the Sth Of June, 1881,
when incidentally adtcrtihg to this sub-
ject, he said: "Any Government for
the United States, formed on the sup-
posed practicabiIity of using force
against the unconstitutional proceed.
ings of the States, would prove as vis-
ionary and fallacious as the Govern
ment of Congress-" evidently meaning
the then existing Congress of the Con.
federation. Without descending to
particulars, it may be safely asserted
that the power to make war against q
State is at variance with the spirit and
intent Of the Constitution. Suppose
such war should result in the con-
quest of State, how are we to govern
it afterwards? Shall we hold it as a
province and govern it by a 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 rela-
ton, and required from the free citizens
of free State as constitutional men,
ber of the Confederacy. But if we
possessed the power would it be wise
to exercise it under the existing cir-
cumstances The object would be
doubtless to preserve the Union, bat
would not only prevent the most effec.
tual means of destroying it, but would
Danish all hope of its peaceable recon-
struction. Besides, in the fraternal
conflict vast amount of blood and
treasure would be expended, rendering
future reconciliation betweenthe States
impossible. In the meantime, who can
foretell what would be the suffefings
and privations of the people during its
existence. The fact is that our Union
rests upon public, and can never be ce-
mented, 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 by conciIiation;
but the sword was not placed in their
hands to preseve it by force: But may
l be permitted solemnly to invoke my
countrymen to pause, and deliberate
before they determine to destroy this,
the graadest temple which has ever
been dedicated to human freedom.
Since the world began it has been con-
secrated by the blood of our Fathers,
by the glories of our past, and by the
hopes of the future and the Union has