e 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 bearings. 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to withdraw or has actually withdrawn from the Confederacy?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. 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 presen