Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-12-06
sECE SSION.

SECESSION.
The President in relation to secession recon-
rmds. What in the meantime is the RESPONSE
bIiy and trEe position of the Executive He
hound by solemn oath, before God and the coun-
rv to take care that the laws be faithfully executed
ea rom this obligation he cannot be absolved by any
human power But what if the performance of this duty in
whole or in part has been rendered impracticabe by
events over which he could have exercised no control
S9b the present moment is the throughout the
State Of s. Carolina so far as the laws of the U. States
IN secure the administration of Justice by means Of the
Federal judiciary concerned.
All the federal officers within its limits through whose
agency alone these laws be carried into execution,
have already resigned.
Weno longer have district judge a district at
mDpy in South Carolina in TACT the whole machinery
orhe Federal Government necessary for the dstribu-
ton If remedial Justice among the people, has been de-
mohed and it would be difficult, if not impossible, to
replace it.
The only acts of Congress on the statute book bear
g upon this subject, those Of the twentyeighth
February 1885, and Sd March, 1907 these authorize
the President after he shall have asCertaned that the
Marshal with his posse cOmifdtuS, is unable to exc
cute civil criminal process IN any particular case, to
call forth the militia aud employ the army and navy to aid
bin performing this service, having first, by procla
nation commanded the insurgents to dlsperse and retire
peaceaby to their respective abodes within limited
ue This duty cannot by possibility be performed in
aSate where judicial authority exists to issue pro-
cess and where there is no Marshall to execute it, and
where even if there such officer, the entire pop
Ration would constitute one solid combination to re-
sst him.
In regard to the property of the United States in
South Carolina he says, this has been purchased
for q fair equivalent, by consent OF the Legislature
State Tor the erection of FORTS magazines arsenals
&c., and these the authority to exercise exclusive
legislation has been expressly granted by the Constitu
ton to Congress.
It is not believed that any attempt will be made to
Gpe the United States from this property by force,
but IN this should prove to be mistaken, the Of
foa in command of the forts has received orders
OaC strictly on the defensive. In such a cOntin-
ge1cy tie responsibility for consequences would right
ly rest upon the heads OF the assaiants apart from
the execution of the laws so far as may be prac-
ucabe. The Executive has authority to decide
What shall be the relations between the Federal Govern
nnt and South Carolina. lie has been invested with
oSuch discretion he possesses no power to change
he relations heretofore existing between them, much
less to acknowledge the independence of that State.
lbs would be to invest a mere Executive officer
Win the power of recognizing the dissolution of the
Ionederacy among thirty-hree sovereign States -
bears 10 resemblance OF foreign de tdcO govern
nnt involving no such responsibility. Any attempt
UdO this would, his part be naked act of usurpa-
t0n
1t Is therefore my duty to submit to Congress the
Whole question, 10 all its bearings The course ofevents
SSofapldy Fastening forward that the emergency may
nnentOus question Whether you pUsstss the power
GOrce OF arms to compel State to remain in the
.uOn. should feel myself recreant to my duty were
act to express an opinion upon such important sub
Gt
The question fairly stated is, Has the constitution
NFgaIed 10 Congress the power to State into
SUBMISSION which Is attempting to withdraw or has
%NaIy withdrawn from the Contederacy? If answer
u 10 The affirmative it must be the principle that
E power has been conferred upon Congress to declare
"l make war against State.
Alter much serious ref ction have arrived at the
T%acuSlon that no such power has been delegated tc
vgSso or to any other department of the Federal Gov
eu' II Is manifest, upon inspection OF the Constr
On mat this Is not among the specific and enumerated
o"eS granted to Congress; and it is equally apparent
exercise is not necessary and proper for carrying
I'o execution any one of these powers So far IRON
1S power having been delegated to Congress, it was
HPtSsy refused by the convention which framed the
SuSltuuon. 1t appears from the proceedings of thai
S' That on the 3lst OF May 1884, the clause author
"gS an exertion OF the force of the whole agans
vvG5Hlqlent State, came up for consideration. Mr.
IIaINOn opposed it in brief but powerful speech
%su winch shall extract but single sentence. III
m"Ita, 1.-The OF force against State would looF
I ike declaration of war than an infection of pun
n rSu, and would probably be considered by tn
v ! attacked as dissolution of all previous compact
Tu'Vu II might be bound"
NM UPOa his motion the clause was unanimously post
A1OOL
s1g"ads on the eighth June, 1887, when incidenfly
Coau to the subject, he said any government for thu
on oateS formed the supposed practicability O
he 'orce against the unconstitutional proceedings
gye, es would prove visionary and faacous as the
sn," 1Fn OF Congress. Evidently meaning the then ex
congress of the old confederation. Without de
Down. 10 particulars may be safely asserted that thu
6e vb make war against State is at variance will
pose sDE spirit and intent of the Constitution. Sup
bow aeu war would result in the conquest of State
"a p"e TO govern it afterwards? Shall we hold i
e Nanny, vince aud govern it by despotic power? Ir
oa,ro n Of things could not, by physical force
&usorsp we will Of the people and compel them to cleo
form ali and Representatives to Congress, and to per
On .n Ge other duties. depending upon their vo
State o. "au require from the free citizens of fre
But if To constituent member of the Confederacy-
NGe II possessed this power, would it be wise to ex
Would dou Ilaer existing circumstances? The obiec
Dot ODlv D uss be to preserve the Union. War wou,
but pTSeht the most efectual means of destroying
0; beo Danish all hope of its peaceabe reconstruc
blood and In the fraerna conflict vast amount
Oucioa4H treasure would be expended, rendering futur
4Oo between the States impossible. In tn