Presidents -- United States -- Messages; United States -- Politics and government -- Sources
Then, in regard to the property of the United States in South Carolina.
This has been purchased for a fair equivalent, "by the consent of the
legislature of the State," "for the erection of forts, magazines,
arsenals," etc., and over these the authority "to exercise exclusive
legislation" has been expressly granted by the Constitution to Congress. It
is not believed that any attempt will be made to expel the United States
from this property by force; but if in this I should prove to be mistaken,
the officer in command of the forts has received orders to act strictly on
the defensive. 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 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. He possesses no power to change the relations
heretofore existing between them, much less to acknowledge the independence
of that State. This would be to invest a mere executive officer with the
power of recognizing the dissolution of the confederacy among our
thirty-three sovereign States. It bears no resemblance to the recognition
of a foreign de facto government, involving no such responsibility. Any
attempt to do this would, on his part, be a naked act of usurpation. It is
therefore my duty to submit to Congress the whole question in all its
beatings. The course of events is so rapidly hastening forward that the
emergency may soon arise when 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. I should feel myself recreant to my duty
were I not to express an opinion on this important subject.
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or has actually withdrawn from the Confederacy?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.
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