Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1860-12-13

IA l. Dl1OD1NI -
out the consent of her sister States, to dis
charge 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 ty-
ranny and oppression of the Federal Gov.
ernment? By no means. The right of
resistance on the part of the governed a.
gainst the oppression of their governments
cannot be denied. 1t exists independently
of all Constitutions, and has been exercised
at all periods of the worlds history. Un-
der It old governments have been destroyed,
and new ones have taken their place. 1t
is embodied in strong and express language
in OR own Declaration of Independence.
But the distinction must ever be observed,
that this is revolution against an establish
ed Government, and not voluntary seces-
sion from it by virtue Of an inherent Con-
stitutional right. In shore, let US look the
danger fairly in the face Secession is nei-
ther more nor less than revolution. 1t may
or it may not be justi6able revolution, but
still it is revolution.
What, in the meantime, is the response
bility and true position Of the Executive? !?
He is bound by his solemn oath before God
and the country "to take care thatthe laws
be faithfully executed" and from this obli-
CATION he cannot be absolved by any human
power. But what if the performance of
this duty, in whole or part, has been rem
dered impracticable by events over which
he could have exercised no control. Such.
at the present moment, is the case through,
out 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
Federal officers within its limits, through
whose agency alone these laws can be car
ried into execution, have already resigned.
We no longer have district Judge, dis
trict attorney, or marshal, in South Caro-
lima. In fact the whole machinery of the
Federal Government, necessary for the dis
tribution of remedial justice among the
people, has been demolished, and it would
be difficult, if not impossible, to replace it.
The only Acts of Congress on the stat
ute book, bearing upon this subject, are
those of the 18th February, 1895, and 3rd
March, 1907 These authorize the Presi.
dent, after he shall have ascertained that
the marshal with his posse comitatus is un.
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 insurgents
"to disperse and retire peaceably to theil
respective abodes, within limited time. u
This duty cannot by possibility be perform
ed in State where no judicial authority
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 would constitute one solid com
bination to resist him.
The bare enumeration of these provi
sions proves how inadequate they are with
out further legislation to overcome united
opposition in single State, not to speak Of
the States who may place themselves in
similar attitude. Congress alone has the
power to decide whether the prrsent laws
can or cannot be amended SO as to carry Out
more efectually the objects of the Consti
tuition.
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 collected, as heretofore
at the Custom House in Charleston anc
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 ha:
been purchased for fair equivalent, "bJ
the consent of the Legislature of the State, .
"for the erection Of forts, magazines, arse
nals," &C., and over these the authority etc
exercise exclusive legislation" has been ex
pressly granted by the Constitution to Con-
gress. It is not believed that any attempt
will be made to expel the United States
from this property by force; but if in this
I should prove to be mistaken, the Officer
in command of the forts has received or
ders to act strictly on the defensive. Ir
such a contingency, the responsibility fol
consequences would rightfully restu upon the
heads of the assailants.
Apart from the execution of the laws, 81
far as this may be practicable, the Execu
tive has no authority to decide what sbal
be the relation between the Federal Gov
ernment and South Carolina. He has beer
invested with no such discretion. He poss
esses no power to change the relations here
tofore existing between them, much less tt
acknowledge the independence OF tina
State. This would be to invest mere
Executive officer with the power of recog
nizing the dissolution of the Confederacy
among our thirty-three sovereign States
It bears no resemblance to the recognition
of foreign de facto government, involving
no such responsibility. Any attempt to dc
this would, on his part, be naked act Of
usurpation. It is, therefore, my duty tc
submit to Congress the whole question in
all its bearings. The course of events is
so rapidly fastening forward, that the emer
gency may soon arise, when you may be
called upon to decide the momentous ques
tiou whether you possess the power, by force
of arms, to compel State to remain in the