A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
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to withdraw or has actually withdrawn from the Confederacy?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 to 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 is manifest upon an inspection 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 delegated to Congress, it was
expressly refused by the Convention which framed the Constitution. It
appears from the proceedings of that body that on the 31st May, 1787,
the clause "_authorizing an exertion of the force of the whole against
a delinquent State_" came up for consideration. Mr. Madison opposed it
in a brief but powerful speech, from which I shall extract but a single
sentence. He observed:
The use of force against a State would look more like a declaration
of war than an infliction 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 his motion the clause was unanimously postponed, and was never,
I believe, again presented. Soon afterwards, on the 8th June, 1787,
when incidentally 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 fallacious as the government of Congress,"
evidently meaning the then existing Congress of the old Confederation.
Without descending to particulars, it may be safely asserted that the
power to make war against a State is at variance with the whole spirit
and intent of the Constitution. Suppose such a 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 it by 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 volition and
required from the free citizens of a free State as a constituent member
of the Confederacy.
Public-domain text, read in full here on John Shaqi.
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