The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1860-12-12

i mpracticable by events over which he could have
exercised no control? Such, at the present mo-
ment is the case throughout the State Of South
Carolina so far as the laws Of the United States to
secure the administration Of justice by means Of
the Federal Judiciary are concerned All the Fed
eral officers within its limits, through whose agen-
CIV alone these laws can be carried into execution
| have already resigned. We no longer have dis
trict Judge district attorney. or marshal, in
| South Carolina In fact, the whole machinery Of
the Federal Government necessary ior the distri-
button Of remedial justice among the people, has
been demolished, and it would be difficult il not
impossible, to replace it.
The only acts Of Congress on the statute-book,
bearing upon this subject are those Of the osth OF
February, 1795, and Sd Of March, 1907. These a,-
thorize the President after he shall have ascertain
ed that the marshal with his posse eomi,atus is I'M
able to execute civil or criminal process in any
particular case, to call forth the militia and employ
the army and navy to aid him in performing this
service, having first by Proclamation commanded
the insergents ITO disperse and retire peaceably TO
their respective abodes, within limited time"
This duty cannot by possibility be performed in
State where no judicial authority exists to issue
process and where there is no marshal to execute
it, and where, even IL there were such an officer,
the entire population would constitute one solid
combination to resist him.
! The bare enumeration Of these provisions proves
how inadequate they without further legislation
to overcome a united opposition in a single State,
not to speak Of other States who may place them
selves in similar attitude. Congress alone has
power to decide whether the present laws can or
cannot be amended so as TO carry out more efectu-
ally the objects of the Constitution.
The same insuperable obstacles do not lie in the
way Of executing the laws for the collection OF the
customs. The revenue still continues to be collect.
IuI haraf al he
ton; and should the collector unfortunately resign,
successor may be appointed to perform this duty.
Then in regard TO 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 Staten ''or the erection Of
forts, magazines, arsenalsm &C. and over these the
authority to exercise exclusive legislation has
been expressly granted by the Constitution TO
Congress. 1t is not believed that any attempt will
be made to expel the United States from this pro-
perty by force; but IL in this should prove to be
mistaken, the officer in command Of the forts has
received orders to act strictly the defensive In
such contingency, the responsibility for conse-
quences would rightfully rest upon the heads Of
the assailants.
Apart from the execution Of the laws, 50 far as
this may be practicable, the Executive has no au-
thority 70 decide what shall be the relations be-
tween the Federal Government and South Carolina
possesses power to change the relations hereto
fore exsisting between them, much less TO acknowi
edge the independence Of that State. This would
be to invest mere Executive officer with the pow
er Of recognizing the dissolution of the Conedera-
cy among our thirty sovereign States II bears no
resemblance TO the recognition Of foreign De fdcto
government, involving no such responsibility. Any
attempt to do this would, on his part, be naked
act OF usurpation. Il is therefore, my duty TO
bearings. The course Of events is 80 rapidly has
tening forward, that the emergency may arise,
when you may be called upon 20 decide the mo
mentuOus question whether you possess the power,
/ ~ force Of arms, 10 compel State 10 remain in
the Union. | should feel myself recieant to my
duty were not TO express an opinion on this i'm
portant subject
The question fairly stated Is Has the Constitu.
tion delegated 10 Congress the power TO coerce q
State into submission which is attempting to with
draw or has actually Withdrawn from the Confedc.
racy! II answered in the affirmative, Il must be
on the principle that the power has been conferred
+ upon Congress 20 declare and make war against a
state After much serious reflection have arrived
at the conclusion that no sach power has been dele
gated to Congress or 10 any other department Of the
Federal Government II is manifest, upon an in
ection Of the Constitution, that this is not among
the specific and enumerated powers granted 70
E t'iEtANrs AiA ~ - aIldNAA Ulat us NAtf-
else Is not necessary and proper for carrying into
execution any one Of these powers. SO far from
this power having been delegated 70 Congress, Il
was expressly refused by the convention which
framed the Constitution.
II appears, from the proceedings Of that hody,
that the 3lst May, 1851, the clause "aat1ors-
ihg al trertioH n te force N tks Wiole ggainsta
asiinq9eat STATE came up Cor consideration. Mr..
Madison opposed il in brief but powerful, speech.
Npttfgl 4 hall Iskfa
lie observed: Tho use Of force against State
would look more like declaration ol war than an
iniction of punishment; and would probably be
considered by the party attacked as dissolution
0f all previous compactS By which il might he
BOUND Upon his motion the clause was unani-
mously postponed, and was rsvcr believe again
presented. soon afterwards. on sth June, 1857.
when incidentally adyerting to the ssbicct he said:
" ANY Government for the United States. formed
on the supposed pracicability of using force against
the unconstitutional proceedings .! the States.
would prove visionary aud fllaeious as the gov.
ernmCnt Of Congress" evidently meaning the then
existing Congress of the ald Confederation
Without descending 70 particulars, Il inay I've
safely asserted, that the power 10 make ar againt
. State is at variance with the whole spirit and la
tent Of the Constitution suppose such awAr should
result In thc conquest oi State, how arc We 70
govern Il aftcrwardsi Shall We hold Il as proe-
incc and govern il BY tlespotic powerf In tse
nature Of things We could hot, by physical force.
control the will of the people, sna compel them r.
elect senators aud representatives 70 Congress and
30 perform al the other duties depsnding upon thrr
own yolition, and required from The ec citizens NJ
free State as a constituent memtse " the Con.
icdcraey
But. if We possessed this power. would i he
wise 20 exercise Il under existing circuinstaicesf
The object wouid doubtless y e preserve ilis
Union War would not oaly present The most It.
fcctual means of destroying T.. Iut would Danish
All hore Of rs psaccahle reeonsrJction. Besides.
N the tatcrnsl sgnhict vast amount Of blood and
treasure would II expended. rendering future
c5nri.iatior between lbs States impossible. Ii The
mean time. who can foretpll what would be the
suneripgs and priyatiOns u ihe people during ~
pSistenrrt