Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1860-12-06

the performance u thls duty. in whole or in part
has 6ccn wondered impractienble by event. over
which be could have exercised DO control -
euen; Ihe present moment. v the case through
Vui me state 81 South CArolinS. - far - the
laws OF the United States 90 secuSe the admin
lStraaseA VI 1<usv by ssAn- al Fe,iaral Jusl,cia-
~ are ecncertsd. All the Federal ofhcrr- With
IA its limits. through wbo~e agency alone thess
laws osn be carried into execution. have already
rs,gned We no longer hase . district Judge.
Nursui.t ait~uey, "a mari bal. IN South Car
DINA In fact. The whole machinery q The Fed
~ emehial justice among the people, has been
demolished aud Ia wo,ild be riiiiculi If not inn
possible. 90 replace IL
The Oniy act-of Congress on the statute book.
hearing upon this subiect. are thoee Of the 18th
February 1898. and "a March 1907 These au.
tbonks the President, after he shall have s.scer-
tanned that the marshal with his posse oossifIfus
- unable IA execute civil ar criminal process in
any particular case. 90 call forth the militia and
employ the army aud navy 20 aid him in per
forming this service having first by pruclama.
ton Commanded the insurgents 80 dispsrrr and
rrtirc Peaceably 10 their respectiss aboios with
m limited tune" This duty eannot by possi-
b'iity ~ performed in n State where no Judicial
authority exists 10 issue process. aud WHERE
there - no marshal Ia ekscate a. and Va here
even II there were such an officer, tbe entire pop
ulatiun would constitute one solid combination
TO resist him.
The bare enumeration OF these rc,isions
proves how Inadequate they Are without firth.
er legislation ~ overcome a united opposition
In single state, not to- speak of other States
who may place themselves in similar attitude
I"ngress alone has power 10 decide wbrther the
present laws can or cannot be amended 80 n 20
carry cot nGrp eisrctually the objects of the
Constitution.
The same insupernble obstacles do not lie in
the way of executing the laws for the collection
OF the customs. The revenue still continues 10
b. collected, as heretofore, nj the custom hous.,
IN Charleston; and should the collector unior-
tunatsiy res'gn' successor may be appointed To
perform this duty.
Then IN regard 10 the property Of the United
States IN South Carolina This has been pur-
CHASED for fair equivalent, by The consent Of
the legislature of the State" for the erection
oi tpris- magazines, ar-enals,H &c and over
these the authority ito exercise exclusive lcs,is.
iati"n hrs been expressly granted by the Con
hutuuon 20 Congress- IL l. not believed thai
any attemp; will be made to expel the United
States trum this property BY force hut If in
this should prove 20 be mistaken, the officer
IN command Of The iarts has received orders TO
act strictly on the defensive. In such contin.
grncy, the responsibility for ccnseuueucvs would
righunlly rest upon the heads OF the assailants
Apart from the execution Of the laws 90 far
~ thus NAV he practical le. the Executives has
NJ authority TO decsde what shall Il. the trla
ilonr between the federal government and South
Carolina lie has been invested with no such
uiscT.tion' lie possesses NO power Ia change
the relations beretafore existing between them.
much less to HcktHSs lei ~ the Independents. OF
that State. This would be Ia invest n mere TX.
ecutive officer with the power Of recognising the
dissolution of the CouiedeTacy among our thir.
ty-thne sovereign States Ii hears no resem.
blhnce TO the recognition 81 foreign de E,oto
government, involving such responsibility
Any attempt 10 Do this Noad. on his part b. a
naked art OF usurpation. IL u therefore. NV
duty 10 submit 10 Congress the whole question
m all it, bearings. The course of events il 80
rapidly Fastening forward that the emergency
may soon arise, when YOU may be called upon
io decide tho nome ntous question whether Won
possess the power, by force of arms to compel
state 20 rimain in the Union. / should is-cl
myself recreant Ia nv duty were | NOT 10 ,x
press nm opinion ON this important subject
The question fairly stated il: Has the Con
sttuiion delegated TO Congress The power to CO.
cree State into submission which il attemp;-
ing To Withdraw or has actually Withdrawn
trum the CoRftderacyl IL answered IN the at
hrIBHiiSe, u t.... b. nm the priItiple that the
power has been conferred upon Congress 20 lie
clare and 90 make war against State After
much serious reflection have arrived az the
conclusion that no such power has besn dele
gated Ia CUngleSs or to any Other department
OF the Federal Government. II II manifest. uu-
on an inspection Of the Constitution that this Is
not among the specific md enumerated powers
granted to Congress and Il Is equally appa-
rent that ~ exercise n not pecf-ssaTy and prop
or Tor carving into execution any one of thtss.
powers. So fnr from this power having been
delegated 20 Congress, il was expressly refused
BY the Convention wkish framed the COnsiitu-
Jon.
il Appears. from tho proceedings Of that body.
that on the 3lst May f7sT, the clause "au'boi
ffiHgGH oSrefioa ~ me force ortAe uhole against
deitHqae'H STATE came mp for consideration
Mr. Madison opposed IL IN a brief bat powerful
speech, from which ] shall extract but a single
sentence. He observed The use ~ force
sgainst a State would hook more like declara-
ton Of war than an infection of punishment
AMI would probably be considered by the par
y attacked as a dissolution of all previous COM
pacu by which IL might be- bound Upon this
motion the elaHse was unanimously postponed
and was never believe again presented. soon
afterwards, on the eth June, l5s7, whcn incl
dentally adveTting TO The subject he said ANY
Government Tor the United states formed on
the supposed practicsbiity Of using fore against
tbs unconstitutional proceedings III the States
Woald prove a. visionary and fAllAeious a. ,he
government Of Congress, evidently meaning ihe
then existing Congrcss Of tho old Confederation
Without descending 90 particulars. Il NAV bc
safely asserted, that fhs power 60 make war
against n State - ~ NariRnce with The whole
spirit and intent of the Constitution. Suppose
sach war should result IN fbs conquest u y
state, bow arr ve " govern y afterwards p!
shall We hold 10 a. , province, and govern u by
despite powVF' IN thc nature 81 uings We
could not by phvicni force. con,roi tn VIII Of
thu people ard compel them % elect senators
aHd representatives a. Congress. nnfi o. perform
all ~ other duiies depending upon ilieir own
voliion. and required from the free cityens ~ y
irer Sia'e ~ constituent member Of ths Con
federary
Hut. Il We Possessed ihis power, vOqll it be
wiae ~ exercise ~ under existing circJup-inn-
ccsf The object " oulh d0ubtless H. o. preserve
The Union. War vouid not unlv present. Tie
mosi chrcinai fnesns Of destroying if bot
would hanish All hof,e - iu p-ssccabie rrUn-
stnictiou. Besidsa IN thc fraterual ooufift
vas, amOunt II blood and ifeivurc woald b. IS
fendei rendering flturc reconciliation between
The States imJossibic in the mean time. who
can foreioll Nhsf would h. tie ssiasnggs and
Prlvntious ~ The JrDple during its cKistDcc
The fact b. thaf GAR Jniog rests upon pablo
opiuion. and can never 10 celnFntsd ny t.is bln.i
u ts citizens shei M civil war II e cann"t
ltFo in 81 aasctons u d. people. Il uliua one
day perish tuurrts rossrrses NAM means NJ
prfnrving DO ~ cgnrIiaunH tut fhf Fverl
Was NOT placed-n their hand o. preserve % ly
forcc.
But NAY - Tcru,ittsi solcmnlY 20 invoke
my couutryfaqu ~ pause and delib-rnir before
= II -. \ al IL.