egated to Congress nor 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."
Again he says:
"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. . . .
"The fact is, that our Union rests upon public opinion, and can
never be cemented 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 it by
conciliation; but the sword was not placed in their hand to preserve
it by force."
This doctrine, if acquiesced in, would leave the United States
utterly powerless to preserve its own life, whatever might be the
exigencies, even against the most insignificant state in the Union.
It was manifest that while Buchanan remained President, and Commander-
in-Chief of the army and navy, it was utterly futile to resist the
secession of the least of these states, or even to protect the
public property in them.
On the 4th of December, 1860, the House of Representatives organized
what is known as the "committee of thirty-three," of which Mr.
Corwin, of Ohio, was chairman. So much of the President's message
as related to the perilous condition of the country was referred
to it. Propositions of all kinds were sent to the committee, but
the final result was, as anticipated, a disagreement upon all the
measures proposed.
On the 16th of January, 1861, Mr. Crittenden offered his celebrated
resolutions, proposing certain amendments to the constitution of
the United States, in relation to slavery, but they were rejected
in the Senate and were not acted upon in the House.
A peace conference was held at Washington, at the request of the
legislature of Virginia, composed of delegates from the several
states appointed by the governors thereof. John Tyler was president
and Thomas Ewing, of Ohio, was one of the most active and influential
members of the conference. It sat during nearly all the month of
February and recommended seven articles of amendment to the
constitution. These propositions were adopted by the conference
and reported to the Senat
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