The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1860-12-12

by events ever which nc cuula
hive exyrcissd 10 conroll Such % ne
uresrnt moment Il The Gaze throughout tho
s,.t. 81 S,ufh Carclina. 81 far 90 The lave
AZ Uni,ed States 70 secure The rdmsn'sifa-
lion Of jus,ias nv means o. the Federal Ju-
dietary q concerned. al the Federal officers
within lie limits. through whcse agency
alons these laws can' 90 carficd into execu- :
lion. have nlsssdy resigned. we have no
longer District Jad.e, Or District Al'os'
rev in South Carolina. " fsci, The whole
machinery Of the Federal Government. me-
cessarv FOR the die ribulicn of remedial JUS
ice among The people, mas bssn demolished,
and il would be dificult, Il not impossible,
10 replsce IL. The only acts OF Congress
on the statute hook bearing unnn this sub
iscs. are those Of the 2s'h February. 1888,
and 81 March, 1907. Tnese authorize the
President. after he shall have sscerteined
ID 4 The Marshsl with his posse commitatus
i unable 70 execu;r civil or criminsl pro-
cess in sny particular Gee 10 call forth the
militia, aud employ the army and navy to,
aid bin in performing the service, having
frat by procama,ion, commanded the IN.
surgcnts 10 dispegse and return peaceably
10 their respective abodcs within a limited
tNN"f~f'ff%]f
DO performed in State where no Judicial
authority EXITS 10 issue process, and where
there isno Marshal 10 execute, ard where,
even II there were sucb an officer, the entire
pop ulalon would combine 10 ore solid col,
UNI 10 resist him.
The mere resistance Of these provisions
proves how inadequate they are, without fur-
Their legislation, 10 overcome united opro
s.tan IL single Sisie, rot 70 spsak Of other
STATES who may place themselves IN sim
liar attitude. Congress alone has power 70
decide whether tbs present laws crrtVo' be-
amended so IS 10 carry out moro effscsunIy
The objec OF The Constitution The ssms
insuperabls obstacles Do not lie In tho way
OF executing the laws for the collection OF
the customs. The revsnue slill continues 10
be collected az heretofore at the Custom
House In Charleston snd should the Col
lsctor unfortunately resigr, 4 successor may
he appointed 70 perform this duty. Then
in regard 70 The property ofths United Safes
IN South Caro'ins. this has nesn purchased
for . fsir equivalent. by the consent OF the
Legislature OF The State for the erection o.
forts magazines srsenas &C., and over these
the authority 10 exercise exclusive legislation
has been expressly granted BY the Court e
Congress II is not believed that sny o..
tempt will bs made 20 sxpeI the United
States from this property py force; but u
in this should prove 10 be mistaken, the
officer in the commsnd Of the forts has re-.
ceived orders 10 act strictly on the defensive
In euch contingency, the responsibility foI
consequences would righ;fully rest upon the
heads Of the sssailapts. Apart from thu
execution OF the laws. 90 for as this may b,
practicable, the Executive has no authority
to decide what shali be the relations be
tween the Federal Government and SDuii
Caroline. He has been invested with Ii
such discretion.
Il l., therefore, my duty 10 submit to Con
grees The whole question 10 oil its bearings
The course or events IL so rapidly hasten
ing forward that The emergency NAV srrivI
when you may be cvlled upon to decide th'
momentous question whether you posses
the power. by force or arms, 20 compel |
stste 70 remain in the Union. ! should fee
mysf recresnt 20 my duty were not 4
express On opinion on the important subject
The question fairly stated is: Has the con
ssitu,ion delegated 10 Congress the power 4
force 4 state into submission which Il at
tempting 10 withdraw, or has actually with
drawn from the confederscy, II answers
in the affirmative, II must be on the princi
pie that the power has been conferred upci
Congress to declare and to make war agains
State.
Amer much serious reflection / hav
arrived at-the conclusion that no such powe
has been delegated 10 Congress or to an
other department of the Federal Govern
ment. II Is manifest. upsn an inspection (
the Constitution, that this 10 not among Ii
specific and enumerated powers granted !
Congress; and il Is equally apparent that /
exercise IL not necessary and proper for ca
Yying into execution any one Of these pow
ere. SO far from this power having Dee
delegated 70 Congress. Il was expressly =
fused By the Convention which framed th
Constitution.
nsppesrs from the proceedings Of th'
body, on the 3lst Of May, 1857, that u
clause suthorizing an execution Of the fors
Of the whole against . delinquent Sta
came up for consolation. Mr.. Madison Of
posed II In sbrief. but powerful speech, fro
which | shall extract but single sen,snc
He observed the use or force against Sts
~.or,d looL vroya Ike = declaration Of Wi