The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1860-12-13
PRESIDENTS MEssAGEi
00ENvION NrrL hILTLN
tossgxtios OF
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lh.l tla'r .hflI ts rrbmI'H executed
'hI from ri. obligation ha rnnot bta.
'lt.l ly a1y humn pofrr Bnr pimi V
.lr f-rlomaHr NJ f iHJ rs uhric +.
par. haH boon rendered Impm.t,llIe hy
eunia over Which De- could have c1rra.cl
n7can'ro. 'urh1' ti0 wcwnt momrHl /.
iIu elaD.
Throughout the Stat, of South Carolina
'o lnr O the laws of the United Stute. to
secure thc administration of inpicc hy
mmn, oi the F,lcul judiciary sro concern
cl. all the Federal officers within i,a lnin
I through whose agency alone lho., las. uu
be- carried into execution, have already re-.
signed Ncuo longer haven district JULIO
. district attorney ~ marshal IN South.
Carolina. IN fact the whole machinery or
/ the Federal Government necessary for The
/ ilr distribution Of remedial Justice nmong
I the people ha. hgcn demolished, and Il would
ho difficult II not Impossible 10 replace il.
The only acts Of Congress on the statute
book bearing upon thi. subject are those Of
lLe 2Sth Of February, 1895, and the 81 Of
March, 1907 fac.e act, authorize the
President, after hc shall have nsccrtainod
that the marshal with his posse ccmttatus /,
unable TO execute q ei,il or criminal pro-
cess ~ any pftIiculur ease to call forth the
militia end employ Ihc army and navy all
him IN performing this service, having fr.,
hy proclamation commanded the insurgents
to dispcrsc and retire peacefully to their
respective abodcs within limited time.
This duty cannot by any pos oslbii,y be-
performed in State where no judicial
authority exists to issue proccs. :, and
where there Il no marshal to execute Il, and
wherever, it there were such an officer, the
entire population would constitute one solid |.
combination TO resist him. In regard TO
The property of the United States IN South /
Carolina. this has been purchased Tor a fair /
equivalent by the consent u the Legislature .
Of the state. for the erection Of forts. mag.
azines. arscnal'. etc. and over these the .
authority to exercise exclusive lcgi la,ion
has been expressly granted ty the Consti.
tuition to Congress. II il not believed tha,
any aitcmp, will he male to cxpel The tni.
ted States from this property by force. bu.
It IN this ] should prove To bc mistaken. the
o!lcer IN command of the forts has received
orders to net strictly on the defensive. In
such contingency, the responsibility would
r'ghtIully fest upon the heads Of The as.aIl.
ants. Apart from the execution ol the
llws, 30 iar % they may BE- practicable. Tie
Executive has no authority 70 decide shat
be the rcllt.oa between the Federal Govern.
ment and South Carolina.
lie has lcen invested with no such dis.
crctionnry power. lie possesses no rowcr
70 change the relations heretofore existing ,
between them, much less to acknowledge the ,
Of that State. This would !
be to invest a mere Executive officer with ,
thc power Of recognizing the dissolution Of !
the conIederacy among over thtrty.,hrec q
sovereign States. II bears no resemblance :
to the recognition Of foreign lcfhc,o gov. {
crnment. involving no such responsibility. \
Any attempt to 10 this would. on bis part, |
be naked act Of usurpation. II i. there q
fore, my duty to submit to Congress the /
Nholc question, in all its hearings. The 4
course OF events is so rapidly Fastening ;
forward that the emergency may soon arise \
when you may be compelled to decide the
motnentous question whether you possess I
the power by force OF arms To compel I,
State to remain in the Union. should feel 1
myself rccrean, to my duty were not to /
express an opinion, on this important ques- :
lion. !,
The question fairly stated. is. has the /
Constitution delegated to Congress the h
power to coerce a State into submission r
which Il attempting to withdraw. or has ac. a
ually Withdrawn from the Confederacy ? n
u assumed in the affirmative, Il mus, be on :,
he principle that the power has been con. :,
erred upon Congress to declare to make c
var upon State. After much serious re-. :,
lection. have arrived st the conclusion :,
ha, no such power has tecn delegated to r.
'oneress, or to any other department. of "
he Government. It i. manifest upon an .,
nspectin Of the Constitution that this is not Il
rncng the specified anil enumerated powers n,
ranted to Congress. and il is equally ap. T.
aren't that its exercise is not necessary y
nd proper for carrying into execution any A.
ne Of these powers. SO far from this DOW. N
! having been delegated to Congress. il N
as expressly refased BY the convention =,
hch framed the Constitution. It appears Il,
-Cm the proceedings Of that body that on !,
ne sist Of May 1,S', the clause author Il
ling IN execution Of tie force Of the whole m
rainst delinqaert State, came up for con. 8,
Mr.. Madison offered Il, IN -
REF but rcverful speech, from which ~
all extract bu, single sentence. He 10