Daily gazette and comet., 1860-12-07
PRESIDENTS MESSAGE.


is synopsis Of the Presidents message,
read to day in the Senate Of the United
States:
The President. in relation to secession,
recommends What in the meantime is
the responsibility and true position Of the
Executive? lie is bound by solemn oaths
before God aud the country to take care
that the laws be faithfully executed. and
from this obligation he cannot be absolv-
ell by any human power. But what II
the performance of this duty, in whole or
in part, has been rendered impractlcable
| by events over which he could have exer-
cised no control Such, ut the present
moment. is the case throughout the State
of South Carolina, 80 far as the laws OF
the United States TO secure the admins
tration of fjustice by means Of the Federal
judiciary are concerned. All the Federal
officers within its limits, through whose
agency alone those laws can be carried
into execution, have already resigned
We no longer have n District Judge, n
District Attorney or q Marshal in South
Carolina. In fact, the whole machinery
Of the Federal Government, necessary for
the distribution of remedial justice among
the people, has been demolished, md IL
would be difficult, If not impossible, to re-
place 1t.
The only acts Of Congress bearing upon
this subject are those of tho 28th Februa-
ry, 1895, and Sd March, 1907. These
authorize the President, after he shall
have asccrtained that the Marshal, with
! his posse comifdtus is unable to execute CT
vii or criminal process in any particular
case. 10 call forth aud employ the Army
and Navy of the United States to aid him
| in performance this service: having first,
by proclamation, commanded the insurg
ents to dispense and peaceably retire to
| their respective abodes within limited
time.
This duty cannot, by possibility, bc
| performed in n state where no Judicial au-
thority exists to issue process, and where,
even IL there were such an officer, the en-
| tire population would constitute one solid
combination to resist him. In the mean
time, in regard TO the property Of the I'm
tied States, in South Carolina, this has
been purchased for fair equivalent, by
the consent of tho State. for the erection
of forts. arsenals magazines. etc, etc,
and over these the authority to exercise
! Executive Legislature has been expressly
| granted by the Constitution to Congress.
II is not believed that any attempt will
/ be made to expell the United States fro.n
| this property by force, but, If in this, |
should prove to bo mistaken, the officers
| IN command of the forts have received or
ders to act entirely upon the defensive in
such an emergency.
Tho responsibility for consequences
would rigbtfully rest upon the head OF
the assailants. Apart from the execution
of the laws, so far as this may be pracu-
cable, the Executive has no authority to
| decide what be the relation between the
Federal Government and South Carolina.
| lie hns been invested with no such discre-
| tion-he possesses no power to change
/ the relations heretofore existing between
them, much less TO acknowledged the in
dependence of that State.
This would be TO invest n mere execu-
tive officer with the power of recognizing
the dissolution Of the Confederacy exist
ing among our thirty-three sovereign
| States.
Ii bears no resemblance to the recogni-
ton of foreign de fdcto Government, in
volying no such responsibility.
Any attempt to do this would, on his
part, bo n naked net of unsurpation 1t is
therefore my duty to submit to Congress
the whole question in all its bearings
The course Of events is so rapidly hasten
ing forward that the emergency may soon
arise when you may be called upon to de-
eide the momentous question. whether
you possess the power. by force OF arms,
! to compel State to remain in the Union.
should feel myself recreaut to my du-
ty were not to express an opinion on this
important subject.
The question. fairly stated, is: Has the
Constitution delegated TO Congress the
power TO coerce State into submission
which intends TO withdraw, or has &C
tually withdrawn. from the Confederacy
If answered in the affirmative, 1t must be
on the principle that the power has been
conferred upon Congress to declare and
make war against State.
Aftor much serious reflection, | have
arrived at tho conclusion that no such
power has been delegated TO Congress, or
to any other department of the Govern
ment. 1t is manifest, upon inspection Of
the Constitution, that this is not among
the specific or enumerated powers to Con
gress, and it is equally apparent that its
exercise is not necessary and proper for
carving into execution any one Of these
powers. SO far from this power having
been delegated TO Congress, IL was express
ly refused by the Convention which form
cd tho Constitution.
It appears from the proceedings OF that
body, that on the 2lst day of may, iTST,
the clause authorizing the execution OF the
force Of the whole country against de-
linquent State came up for consideration.
Mr.. Madison opposed it in brief but
powerful speech, from which | shall ex-
extract but a single sentence,
IIn nhsnryed lhs uaa of fnIca against o