The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-12-05


look the danger fairly in the faces secession is nei-
| ther more nor less than revolution Ii NAV or il
may not be jastihable revolution, but still il is re-
| VIOLATION.
| What, in the meantime, is the responsibility
i and true position OF the Executive? He ia bound
| by solemn cath before God aud the country '.to
take care that the laws he faithfully executed /"
| and from this oblgaton he cannot be absolyed by
| any human power. Bat what If the performance
of this duty, in whole or in part, has been render.
| ed mpractcabIs by events over which he could
| have exercised 70 control Such, at the present
moment, is the case throughout the State of South
Carolina far the law, OF the United States to
secure the administration Of justice by means Of
The Federal Judio oisty are concerned. All the
federal officers wi.Ain It's smits, through whose
agency alone these Jaws can be carried into exc
eution, have already resigned. We no longer have
District Judge, Diotrict Atrney, or Marshal,
IN South Carolina In fact, the whole machinery
# the federal government. necessary for the dis
lbution OF remedial justice among the people, has
been demolished and l. would be difficult, if not
impossible, to replace it,
The only acts OF Congress on the statute book
Tearing upon this subject are these of the 18th
February 1895, and Sd Hsrch, 1907. These au-
horze the President, after he shall have ascer-
siped that the Marshal with his posse comita us,
IS unable TO. execute civil or criminal process in
any particular case to call forth the militia and
employ the army ana navy 10 aid him In perform
BR this service, having first by proclamation CON-
nanded the insurgents TO disperss and retire
peaceably TO their respective abodes within a IL
niied time" This duty cannot by possibility be
performed in q State where no judicial authority
exist, to issue process, and where there is no Mar
shal TO execute it, and where, even il there were
Snch an officer, the entire population would con-
stitute one solid CO mbination TO resist him.
The bare enumeration of these provisions proves
how inadequate they are without further legislation
to overcome united opposition in 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 he amended 50 as to carry out more edec-
uaily the objects Of the constt alton.
The same insuperabe obstacles do not lie In the
way of executing the laws for the collection of the
customs. The revenue still continues to be col
iecte I, as heretofore, at the Custom House in
Charleston and should the collector unfortunately
resign. SUCCESSOR may be appointed to perform
his duty.
Then, in regard to the property Of the United
states in South Carolina. This has been purchased
for fair equivalent, ''by the of the Legis
ature of the state "tor the erection OF forts,
gaznes, arsenals," DC, and over these the au-
ihority Ito exercise exclusive leRsl ,ton" has
been expressly granted by the constitution to Con-
gress. II IL not believed that any attempt will be
made to expe the United States from this pr )perty
by forces but If In this should prove to be mis-
taken. the officer in comm and Of the forts has
ceved orders TO act strictly on the defensive. In
such a contingency. the responsibility for con-
sequences would rghifully rest upon the heads of
the assailants.
Apart from the execution Of the laws. so far as
This may be practicable, the Executive has
thoriy 10 decide what shall be the relations be-
tween the federal government and South Carolina
tie has been invested with no su IA discretion. He
possesses no power to change the relations
heretofore existing between them, much less
10 acknowledge the independence OF that
state. This would be 70 invest mere Ex-
.eu,ive officer with the power Of recognizing the
disc oution of the coDfed deracy among our thirty
three sovereign States. II bears no resem olance
the recognition Of foreign DE- fdcto government,
nyolvng no snch responsibility. Any attempt TO
10 this would on his part. ne naked act OF usur-
In Il submit
dress the whole question IN all its bearings. Ths
purse OF events 1, SO rapidly fastening forward,
tha, the emergency may soon arise when you
nay be called upon 70 decide the momentous qnes-
ion whe her you possess the power. by force Of
| arms, 70 compel State to remain In the Union.
i should feel myself recreant To my duty were |
| not to express an opinion on this important sub
| ject
The question fairly stated Il: Has the constitu
l ton delegated to Congress the power 10 eoerce
state into submission which y attempting 10 with
draw or has actually withdrawn from the con-
/ federacy? II answered In the Affirmative " must
ne on the principle that the power has been con-
erred upon Congress 10 declare and to make war
| .eainst State. After much serious reflection ]
have arrived at the conclusion that no snch power
has been eegated 10 Congress or 10 any other de-
parIment Of the federal government. IL Is mani.
est, upon an inspection Of the constitution, that
his is not among the specific aud enumerated
powers granted 10 Congress; and IL u equally APP
parent that It's exercise Is not necessary and pro
per for carrying into execution any Que OF these
powers. 30 Tar from this pos ser having been dele
sattd 70 Congress- IL Vas expressly refused by he
| convention which framed the constitution.
II appears, from the proceedings OF That body,
hat Oh the 3lst May 1857. the clause "au horiZng
\ n exertop OF the force OF the whole against de-
| inquent State came up for consideration. Mr..
Madison opposed IL IN brief but powerful speech,
rom which | shall extract bat single sentence.
| ie observed:-"Ihe use Of force ag sinst State
xould look more like q declaration of war than
my iniliction of punishment, aud would probably
| pe considered by the party attacked as dssolu-
ion Of all previous compacts by which II might be
| boundn Upon his motion the clause sss unani-
i mously postponed and was never, believe, again
Il presented. Soon after wards, on the 9Th June,
,7s7, when Incidentally advertng 10 the subject,
| he said:-"Any government for the United States,
i fofmed on the supposed practicabihty Of using
l 6rce against the unconstitutional proceedings o
he States, would prove visionary and fallsci0u:
| - the government of Congress evidently mean
ng the then existing Congress OF the old con
Without descending 10 particulars t tmsy be safely
ssssrted that the power 70 make war aRainsta STATE
q, variance with the whole spirit and intent o. ne
| constitution Suppose such war should result ip
| he conquest of state, hos are we 70 govern n
4fter vsrcs, shall we bold u as a province, and
i govern u by 6espouc power! In the nature OF
hings we could not, by physical force, control the
sill Of the people and compel them TO elect Sena.
/ orr and representatives to Congress, and 70 per.
orm all the otter duties depending upon their own
golition. and required from the free citizens o'
| rec State as constituent member OF the conlede-
| ecy.
Bot. II we possessed this power. would II be wise
| o exercise II under existing circumstances, The
| ,hiect would doubtless b4 TO preserve the Union.
| War would not only present the most enectuAl
| means OF destroying II, but would Danish all hope
1 d its pesceable reconstruction. Besides, In the
traternsI conflict, q vast amount OF blood and trea-
.ure would be expended, rendering future recon
citation between the States Impossible. In the
| mtantime who can foretell what would be the sui.
eiiDgs and prvstions Of the people during IL exis'
| tencel -
Tbe fact H. that our Union rests upon public OPT.
nion and can never be cemented by the blood OF
~ citizens shed In civil II il cannot live In the
Elections Of the people, II must one day perish.
congress possess many means Of preserving u by
Cancellation: but the sword was not placed In their
hand TO preserve II by force.
| But may be permitted solemny 70 invoke my
coun,rymen TO pause and deliberate before they
determine 10 destroy this, the grandest temple
which has ever been dedicated 10 human freedom
since the world began IL has been consecrated
by the blood OF our fathers, by the gories OF the
past and by the hopes Of the future. The Union
has already made us the most prosperous, aud, ere
long, will II preserved, render Us tho most power
| fui nation ON the face OF the earth. IN