Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1860-12-08


other high Powers which have been conferred
upon the federal government. In order 70 car.
ry the enumerated powers into effect, congress
possesses the exclusive right to lay and collect
duties on imports, and IN common with the
states TO lay aud collect oil other taxes.
But the constitution has not only conferred
these high powers upon congress, but II has
adopted tffectual means TO restrain the states
from interfering with their exercise. For that
purpose II has, IN strong prohibitory language,
expressly declared that no state shall enter into
any treaty, alliance or confederation grant let
tiers Of marque aud reprisal; coin money; emit
bills Of credit; making anything but gold and
silver coin a tender in payment OF debts; pass
any bill Of Rttainder, ca post .fiictO law, OF law
impairing the obligation Of contracts More
over, without the consent Of Congress, no state
shall lay any impOsts or duties on any imports
or exports, except what may be absolutely neces-
sary Tor executing its inspection laws; and, If
they exceed this amount, the excess shall be-
long TO the U. States.
And no state shall, without the consent Of
congress- lay any iuty Of tonnage; keep troops,
or ships-oi-war in time Of peace; enter into any
| agreement or compact with another state or
with foreign power; or engage in war; unless
actually invaded, or in such iplminent danger as
will not admit of delay
In order still further to secure the uninterrupt-
ed exercise Of these high powers against state
nterpositon, It is provided that this constitution
and the laws Of the U. s. which shall be made
IN pursuance thereof; and all treaties made or
which shall be made, under the authority Of the
U. States, shall be the supreme law Of the land !;
and the judges in every state shall be bound
thereby, anything in the constitution or laws Of
one state to the contrary Notwithstanding
| ho IF iVsn hac an.
peradded TO the obligations Of oGhcial duty, aud
all senators and representatives Of the U. States
oil members OF the State Legislature and all
executive or judicial officers, both of the U. s.
and OF the several states, shall be bound by
oath or affirmation to support this constitution
In order to carry into elect these powers, the
constitution has established q perfect govern
| ment In all its forms, legislative, executive and
judicial; and this government to the extent OF
its powers, acts directly upon the individual citi-
zens Of every state, and exercises its own de-
crees by the agency Of its own officers 10 this
respect it difseFs entirely from the government
under the oil confederation which was confined
to making acquisitions on the states 10 their SOW
ereign character. This left it in the discretion
OF each whether to obey or refuse, and they oft
en- declined to comply with such acquisitions.
1t thus became necessary, for the purpose Of
removing this barrier, and in order to form
more perfect Union to establish government
which could act directly upon the people aud
execnte its own laws without the intermediate
agency OF the states. This has been accom-.
plished by the constitution Of the U. States.
In short, the government created by the con-
stitutioD. and deriving its authority from the
sovereign people Of each Of the several states,
has precisely the same right to exercise its pow
er over the people Of oil these states, in the en-
umeratSd cases, that each one Of them possess
es over subjects not delegated to the U. States
but reserved to the states respectively, or to
the people,.
10 the extent of the delegated powers the
constitution OF the U. S, is as much part of
the constitution Of each state, and is as binding
upon its people, as though il had been textual-
ly inserted therein.
This government therefore is n great and
powerful government invested with all the at
tributes ofsovercignty over the special subjects
to which its authority extends Its trainers
never intended to implant in its bosom the seeds
Of its own destruction, nor were they at its cre-
alton guilty Of the absurdity of providing for
its own dissolution 1t was not intended by its
trainers to be the baseless fabric of a vision
which, at the touch Of the enchanter would van
ish into thin air. but substantial and mighty
fabric, capable of resisting the slow decay of
time and OF defyiug the storms Of ages indeed,
well may the jealous patriots Of that day have
INDUCED fears that government of such high
powers might violate the reserved rights OF the
states and wisely did they adopt the rule of a
strict construction of these powers to prevent
the danger! But they did not fear, nor had
they any reason to imagine, that the constitu-
tion would be so interpreted as to enable any
state, by her own act, and without the consent
Of her sister states to discharge her people
from all or any of their federal obligations.
1t may be asked, then, are the people Of the
states without redress against the tyranny and
oppression Of the federal government BY no
means. The right of resistance on the part OF
the governed against the oppression Of their
governments cannot be denied. 1t exists nde-
pendently Of all constitutions, aud has been ex.
erci>ed at all periods of the worlds history.
Under it Old governments have been destroyed,
aud new ones have tak,n their place. 1t is en-
bodied in strong and express language 10 our
own Declaration of independence But the
dis inction must ever be observed that this is
revolution against an established government,
and not a volunt 'ry scce sion from it by virtue
OF an inherent constitutional right. Ia short,
let US look the danger fLirly 10 the face seces-
sion is neither more nor less than revolution. 1t
may or 1t may hot be justi6able revolution,
but still it is revolution.
What in the mean time, is the responsibility
true position Of the Execulivel He is bound
by solemn oath before God and bis country to
take care that the laws be faithfully executed
and from this obligation he cannot be absolved
by any human power. But what II the perform
ance Of this duty, in whole or in part, has been
rendered impractieabe by events over which he
could have exercised no oontrolI Such, at the
present moment, is the case throughout the
State of South Carolina, so far as the laws Of
the United States to secure the administration
OF fjustice by means Of the Federal Judiciary are
concerned. All the federal officers within its
limits, through whose agency alone these laws
can be carried into execution, have alreay re-
signed. We no longer have District Attorney,
or q Marshal, in South Carolina. 10 fact, the
whole machinery of the federal government, ne
cessary for the distribution of remedial justice
among the people, has been demolished and it
would be difficult, If not impossible, to replace IT,
The only Of Congress the statute book bearing upon
this subject those Of the 2h Of February 1895 aud 30
March, 1897 Thess authorize the President after he shall
have aeerned that the Marshal with his posse comitau
unable 10 execute civil criminal process any particular
eass, 70 call forth the militia and employ the army navy
70 AID him In performing this service having hst BY prOea
nation commanded the inaurgeants tO dperse aud retire
peaceaby 10 their respective abOdes within limited me
no judicial authority exists 10 proeeAs and where there
40 harha 70 execute IT, and where II there
an oeer the entire population would constitute Scd
combination 20 resist him