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CH. XXII.

It will be seen from the above summary, that the whole of the President's rambling discussion of the first head of the disunion question resulted logically in three ultimate conclusions: (1) That South Carolina was in revolt; (2) that the Constitution, the laws, and moral obligation all united gave the Government the right to suppress this revolt by executing the laws upon and against the citizens of that State; (3) that certain defects in the laws paralyzed their practical enforcement.

Up to this point in his argument, his opinions, whatever may be thought of their soundness, were confined to the legitimate field of executive interpretation, and such as in the exercise of his official discretion he might with undoubted propriety communicate to Congress. But he had apparently failed to satisfy his own conscience in thus summarily reasoning the executive and governmental power

laws to be duly executed; and
the use of militia so to be called
forth may be continued, if neces-
sary, until the expiration of thirty
days after the commencement of
the then next session of Con-
gress." In performing this duty
the act imposes but a single con-
dition or prerequisite on the Ex-
ecutive he shall by proclamation
command the insurgents to dis-
perse. These sections are com-
plete, harmonious, self-sufficient,
and, in their chief provisions, no-
wise dependent upon or connected
with any other section or clause
of the act. They place under
the President's command the
whole militia, and by a subse-
quent law (March 3, 1807) also
the entire army and navy of the
Union, against rebellion. The

assertion that the army can only follow a marshal and his writ in case of rebellion, is not only unsupported by the language of the act, but utterly refuted by strong implication. The last section repeals a former provision limiting the President's action to cases of insurrection of which United States judges shall have given him notice, and thereby remits him to any and all of his official sources of information. Jackson's famous force bill only provided certain supplementary details; it directly recognized and invoked the great powers of the Act of 1795, and expiring by limitation, left its wholesome plenitude and broad original grant of authority unrepealed and unimpaired.

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of a young, compact, vigorous, and thoroughly CH. XXII. organized nation of thirty millions of people into sheer nothingness and impotence. How supremely absurd was the whole national panoply of commerce, credit, coinage, treaty power, judiciary, taxation, militia, army and navy, and Federal flag, if, through the mere joint of a defective law, the hollow reed of a secession ordinance could inflict a fatal wound!

The President proceeds, therefore, to discuss the second head of the disunion question, by an attempt to formulate and define the powers and duties of Congress with reference to the threatened rebellion. He would not only roll the burden from his own shoulders upon the National Legislature, but he would by volunteer advice instruct that body how it must be borne and disposed of. Addressing Congress, he says in substance: "You may be called upon to decide the momentous question, whether you possess the power by force of arms to compel a State to remain in the Union. The question, fairly stated, is: Has the Constitution delegated to Congress the power to coerce 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 to declare and make war against a State. After much serious reflection I have arrived at the conclusion that no such power has been delegated to Congress, or to any other department of the Federal Government. . . It may be safely asserted that the power to make war against a State is at variance with the whole spirit VOL. II.-24

CH. XXII. and intent of the Constitution. . . But if we possessed this power, would it be wise to exercise it under existing circumstances? . . . Our Union rests upon public opinion, and can never be cemented by the blood of its citizens shed in civil war. . . Congress possesses many means of preserving it by Globe, conciliation; but the sword was not placed in their hand to preserve it by force."

Appendix,

Dec. 3, 1860, p. 3.

Why did the message thus leap at one bound without necessary connection or coherence from the discussion of executive to those of legislative powers? Why waste words over doubtful theories when there was pressing need to suggest practical amendments to the statute whose real or imaginary defects Mr. Buchanan had pointed out? Why indulge in lamentations over the remote possibility that Congress might violate the Constitution, when the occasion demanded only prompt preventive orders from the Executive to arrest the actual threatened violation of law by Charleston mobs? Why talk of war against States when the duty of the hour was the exercise of acknowledged authority against insurrectionary citizens?

The issue and argument were wholly false and irrelevant. No State had yet seceded. Execute such laws of the United States as were in acknowledged vigor, and disunion would be impossible. Buchanan needed only to do what he afterwards so truthfully asserted Lincoln had done.1 But

1"Happily our civil war was undertaken and prosecuted in self-defense, not to coerce a State, but to enforce the execution of the laws within the States against individuals, and to sup

press an unjust rebellion raised
by a conspiracy among them
against the Government of the
United States."-Buchanan, in
"Mr. Buchanan's
tion," p. 129.

Administra

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