The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-12-04


support armies and navies and to conclude treaties with
foreign governments 1t is invested with the power to
coin money and to regulate the value thereof and
regulate commerce with foreign nations and among the
several States 1t is not necessary to enumerate the
other high powers which have been conferred upon the
Federal Government. In order to carry the enumerated
powers into effect Congress possesses the exclusive right
to lay and collect duties on imports and in common with
the States to lay and collect all other taxes
Bat the Constitution has not only conferred these high
powers upon Congress- but it has adopted eectua means
to restrain the States from interfering with their exercise
For that purpose 1t has, in strong poAibtory language
expressly declared that mo State shall enter into an,
treaty alliance, confederation grant letters of marous
and reprisal; coin money; emit bills of credit make
anything but gold and silver coin tender In payment
debts pass any bill OF attander posi- aco law law
impairing the obligation of contracts Moreover
"wibhout the consent of Congress- no State shall LAY
any imposs duties any imports or exports excep
what may be absolutely necessary for executing its in
spection laws and they exceed this amount the ex
cess shall belong to the United States.
And 'no State shall without the consent OF Congress
lay any duty of tonnage keep troops ships of war;
time OF peace enter into any agreement compact with
another State, with foreign power or engage In
war, unless actually invaded, In such imminent dan
ger as will not admit of delay
In order still further secure the unIntsrrupted exer
else OF these high powers against State intepotion it
provided that this Constitution and the laws of the Uni
ted States which shall be made in pursuance thereof and
all treaties made which shall be made under the all
thorty of the United States shall be the supreme law
the land and the judges in every State shall be bound
thereby anything in the Constitution or laws of any State
to tho contrary Notwithstanding
The solemn sanction of religion has been superaddel
to the obligations of official duty and all senators and
representatives of the United States all members of State
legislatures and all executive and judicial officers bot
OF the United States and of the several States shall be
bound by oath or affirmation tosuppor this Constitution
In order to carry into effect these powers the Constitu.
don has established perfect Government in all it's forms
fol.k<r. ~
ment, to the extent of its powers acts directly upon the
individual citizens of every State and executes its own
DEGREES by the agency of It's officers In th. respect
II differs entirely from the Government under the old
Confederation which confined to making reuusons
the States In their sovereign character This left IL In
the discretion of each whether to obey to refuse and
they often declined to comply with such acquisitions II
thus became necessary, for the purpose of removing this
barrier, and Sin order to form perfect Union to
establish Government which could act directly upon
the people, and execute its laws without the inter
mediate agency of the States This has been accomplished
BY the Constitution Of the United States
In short the Government created by the Constitution
and deriving its authority from the sovereign peoule of
each OF the several States has precisely the right
exercise It's power the people of all these States
In the enumerated cases. that each one Of them
over subjects not delegated to the United States but
served to the States, respectively, to the people,
10 the extent of the delegated powers the Constitution
OF the United States Ia much part Of the constitution
OF each State and a. binding upon it's people, though
Ii had bean textually inserted therein
lhisdovernment therefore, great and powerful Gov
ernmen invested with all the attributes of sovereignty
over the special SUBJECTS which its authority xens Its
trainers never intended to mpant In its bosom the seeds
lbs own destruction they at its creation guilty
OF the absurdty of providing for its dissolution Ii
was not intended by Its trainers to DO the bases fabric
on vision which, at the touch of the enchaner would
vanish into thin air, but substantial and mighty fabric
capable Of resisting the slow decay of time aud OF dfyine
the storms of ages Indeed, we'll may the Jealous pat
OTIS Of that day have INDUCED fears that of
such high powers might violate the reserved rights of the
Sta and wisely did they adopt the rule of strict con-
strucson OF these powers to prevent the danger But
they did not fear, had they any reason to imagine
that the Constitution would ever he 30 Interpreted a. to
enable any State by her act and without the con-
sent OF her sister States to discharge her people from all
or any Of their Federal obligations
1t may be asked then are the people of the States
Without redress against the tyranny and oppression of the
tedeIal doveTnment2 BY no means The right OF re-
distance on the part of the governed against tbs oppres
SION OF ther governments cannot be denied Ii exists
ndependeny OF all constitution and has been exercised
at all periods OF the worlds history Under II old
governments have been destroyed and new ones have
taken their place. 1t is embodied in stsong and
press hnguaSc in own Declaration of Indepen
dencs. But the distinction must he observed that
this is revolution against established Government and
not voluntary secession from 10 by virtue of an nbe
rent right In Short let look the dan
ger fairly in the face Secession is neither more nor es
Than revolution 1t may Or it may not be justifable
revolution but still it il revolution
hat In the mean time the responsibility and true
position OF the Executive He is bound by solemn oath
before God and the country to take care that the laws
hs faithfully executed and from this obligation he can
not be absolved by any human power But what If the
performance of this duty in whole in part has been
rendered impractcable by events over which he could
have exercised control? Such ct the present moment
toe case throughout the State of South Carolina SO far
as the Laws of the United States to secure the admniss
ton Justice by means of the Federal Judiciary are con-
cerned All the Federal officers within its limits through
whose agency alone these laws be carried into exec
ton have already resigned We no longer have dis
trct judge district attorney or a marshal In South
Carolina In fact, the whole machinery of the Federal
government necessary for the distribution of remedial
)ustce among the people has been demolished and il
would be difficult, If not impossible, to replace it.
Inc only acts OF Congress on the statute book bearing
upon this subject those of the 2Sth February 1875
and id March, 1907 These authorize the President af
ter he shall have ascertaned that the marshal with his
posse coaaaGS is unable to execute civil Or criminal pro-
cess 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 in
sugents to disperse and retire peaceaby to their re-
spectve abodes within limited time" This duty can
not by possibility be performed in State where no iu
clu auton exists to Issue process, and where there
Is no marshal to execute it. and where even If there were
such an officer, the entire population woud constitute
one solid combination to resist him
The bare enumeration of these provisions proves how
lhaeQuate they are without further legislation to over
come united opposition in single State to speak
o. other States who may place themselves in similar
attitude Congress alone has power to decide whether
The present laws can cannot be amended so as to carry
ous more eficotually 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
ihe revenue SILL continues to be collected as heretofore
1t the custom house In Charleston and should the col
ector unfortunately resign 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 equiv
ent by the consent of the legislature of the State
TOT the erection OF forts magazines asenas' &c. and
over these the authority o exercise exclusive egsla
ton has been expressly granted by the Constitution to
Congress 1t is not believed that any attempt will be