The Constitutional. [volume] (Alexandria, La.) 1860-1861, 1860-12-08

synop,.s of thc Presidents message read to-day
in the S'natc Of the United STATES;
On Secession.
The President in relation to srcrsSion recon-
mend, what in the meantime is the responsible
y and true position Of the executive. lie Is
bound by ,olmn oath before God and the corn-
try Ia take that thu laws h. faithfully rxrcut-
ed, AMI from this obligation H.. cannot be- absolv-
ed by any human power. But what. if the per-
formnnc''of his duty, in whole or in part. has
been rendered inprarticablc by events over which
hc could have exercised no control Such at TIN,
present moment, is the throug hout the State
of south Carolina, 81 far as the laws of the United
StatcS. to SECURE the administration Of Justice hy
means of th" Federal judiciary, are comcrrnrd.--
MI th' Federal shcrrs within ITS limits, through
who's gcncy alone those laws can h.. carried in
execution. have already resigned We no kngcr
have district judge district attorney or "a mar
shal in South Carolina In fact the who'll ruz-
chlrrry of the federal government, necessary for
the distribution of remedial justice among thu
people, has been demolished, and it would BE- dit
hcut. il not impossible to replace IT,
TIE ouly acts of Congress brariur upon This
subject are those of the 2sth February, i7g5. and
| I'd March 1-O7- They suthorse the president
after hr shall have asccriainrd that the marshal
with hi, POSSs c0niaiuS is unable to execute civil
or criminal process, in any particular EASE. to- cali
forth and employ the army and navy Of tn
| United states to AID lam in per ofming this
| vice. having first by proclamation, COMMANDED
the in,rrseuts to dspcrse and peacefully rtirr To
| then respective nbodrs within limited time.
This duty cannot by possibility h. performed
in state where no judicial authority exists to- is
slic processes, aud here there is no marshal to cx-
ccitr il, aud where if even there were such an OF
fc' =. tile entire population would constitute ono
| solid combination To- resist him.
Preservation of United States Property in
Them in regard to the property Of the I'niic,ld
States IN south Carolina: this has been purrlIas
ed for faif equivalent, by the consent of tbs,
state, iol the erection of forts arsrnas. magazine
&c. and over these the authority tueScrcisr *
'"uii,e legislation has been expressly granted by
, m. constitution to Congress
1t is not believed that any attempt will b.
uiad turxprl tlic United States from this proper
| Is by force but if in this should prove 10 br
mistaken, the officer in command of the forts has
reviewed orders to act entirey upon The Defensive
ia such AN emergency. The responsibility fur
'Is'qucncrs would in OF collision,
ghtlully rest upon the head Of the assailants.
Apart from the execution of the laws, 50 far
his may BE- practicable, the executive has no all-
ihrrily to decide what b. the relation between the
federal government and South Carolina. H. has
been invested with no such discrrtiOn--hr Pc
>o,S's no power to change the relations h'rctof .
existing between them, much less To acknowledge
lhc independence of that state.
Declines the Responsibility.
This would bc to invest a mcIc executive off
c,r with the power of recognising the dissolution
ofthc eonfcd,racy existing among our thirty
three sovereign states II bears no resemblance
To- the recognition of a foreign de JdetO govern
mrnt, involving no such responsibility. Any al
tempt to do this, would on his part DO a naked
I act Uf usuTpation. 1t is therefore my duty To-
submit To Congress the whole question in all lis
brarings The course of events is 50 rapidly hast'-
min. forward that the emergency may sonu a,s,
when you may br called upon TO decide III" mo
n'ntous question whether you pDss'ss thu p"wri,
by force of arms, to compel state to remain in
, the Union.
should feel myself rccrcant 10 my duty w''rc
| not to- express opinion on this important sub
jcct.
The Constitution gives no Power TO CocIce
: State into Submission
The question fairly stated is: has th c"n,'iiu-
ton Delegated to Congress thr power to cOcrr" =
p state into submission which is int"ndng 30 Htn
draw. or ha, actually withdrawn from the conf d
,t,cv If answered in the affirmative. j; must i'
i ON thr principle that th power has been c"ni''i-
rcd mon CONGRESS TO declare and make WI
against state
E. After much serious reflection, have arrived
AT the conclusion that no such power has been
d,Icpatrd to Congress, Or TO any Other depart
.,rrtiou of the constitution, that this is no,
I among the specifico enumerated powers g,autrd
tu Congress and it is equally apparent that Us
exercise is not necessary and proper for curyin;
into execution any one Of these powers ~ la
nom this power having been Delegated to Con
l,rcss, it was expressly refused by the cons u
ton which formed the constitution.
e. It APPEARS from the proceedings of that b"''-
r that on the 3Ist of May, A. D. l7S7, tn claus.
20 authorizing the execution Of the fore" "i Do.
\ whole nation against delinquent State cam ~
ID for consideration.
President Nadisons Opinion.
Nr. Madison opposed it in a brirf but pow II
e speech, from which | shall extract but a s.n
j. sentence. lie obs'Iycd:
Tho us'2of thu force against state wou.'
look more ike declaration Of Wal han 81 u ir
. lion Of punishment, and would probably b. con
: sil,i,d by tho party attacked dissolution -
- - yrc,.. con- 49,, > Which I. might Dos Lounl
o. e. ..". '-- ~. 80. -''~=' ---sa-