Orleans independent standard. [volume] (Irasburgh, Vt.) 1856-1871, 1860-12-14
WHOLE NUMBER 259.

aHd retire peacahly 20 their respective
abodes, within a limited tine This
duty cannot by possibility be performed
in a State where no Judicial authority
exists 10 issue process, and where there
is no Marshal to execute il, and where,
even II there vas such an ofEicor, the en-
/ tire population would constitute ono solid
combination to resist him.
The bare enumeration ef these pro-
visions proves hOw inadequa,s they are
without further legislation to overcome a
united opposition ia single State, not
to speak Of other States who may place
themselves in similar attitude. Con-
gress alone has power to decide whsther
the presenl laws can or cannot be amend
ed SO as 70 carry ont mere efeelually
the objects Of iho Constitution.
The same insnperable obstacles dc not
lie Ia the way Of executing the laws for
the collection Of the Customs. The rev
enue still continues to be collected, as
heretofore, at the Custom House in
Charleston; aud should The collector un-
fortunately 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 purchased for fair eqaiyalen,
"by the consent Of the Legislature Of
the State" " for the erection Of forts,
magazines, arseHals," &c, and over these
tie authority 10 exercise exclusive leg
islation has been expressly grated by
the Constitution to Congress. 1t Is not
believed that any attempt viii be made
TO expel the United States from this
property BY force but If in this / should
prove to be mistaken, the officer ia COM
mand Of the forts has received orders
to act STRICTLY on the defensive. In such
a contingency, the responsibility for con-
sequences would rightslly rest upon the
heads Of the ASSISTANTS.
| Apart from the execution Of the laws,
so far as this may be practicable, the
Executive has no authority to decide
what shall be the relation between the
Federal Government and South Carroll.
na. he has been invested with no such
discretion. He possesses no power "a
change the relations between them, much
less to acknowledge the Independence o.
that State. This would be TO invest q
mere Executive officer with the power
of recognizing the dissolution Of the con.
federacy among cur thirty-three SOW
ereign States. II bears no resemblance
to the recognition Of a foreign De taets
/ government, involving no such resp0nsi
bility. Any attempt 20 do that would
on bis part, be naked act Of usarpation
1t is, therefore, my duty to submit tc
i Congress the whole question in all il.
bearings. The course Of events is 6,
rapidly Fastening forward that the emer
gency may soon arrive when you viii b
called upon TO decide the momentou
question whether you posses the powel
by force Of arms, to compel State t,
remain in the Union / should fee
myself reereaut to my duty we're no
to express an opinion on this importan
subject.
/ The question fairly stated is Tia
the constitution delegated to Congres
the power to coeree a Stale into submis
sion which is attempting to withdraw 0
has actually Withdrawn from the ConGed
eraey? If answered IN the Affirmative
it must be ou ibe principle that the pow
er had been conferred upon Congress t
declare and to make war against State
= Aiter much serious reelection have ar
t rived al the conclusion that 40 such povy
{ er had been delegated to Congress or
: any other department Of the federal goy
ernment. /, Is manifest, upsn an inspee
ton Of the constitution, that this Is Ba
3 among the specific and enumerated pos
ers granted TO Congress, and is "a equal
apparent that is exercise Is net nece'
] sary and proper for carrying into ezeeu
e ton any one Of these powers. so "a
] from this power having been delegate
!. TO Congress. il was expressly refused b
= The convention which framed the conat
B tuition.
! II appears from the proceedings {
J that body, that On the 3iss Of May, rs
e the clause authorizing an sxsrtioa 1
The foree ef the whole against = dsliT
! quenl State" came up for consideration
Mr. Madisoa opposed il in brief b
I. powerful speech, from shieh shall 81
e tract bus single sentence. lie ohser
a ed The use q fores against Sta
e would look more Ike = declaration
a waF ihaa any inasssion ol punlaLmel
a aad soala probably be considered b. 1