Wabash express. [volume] (Terre-Haute, Vigo Co[unty], Ind.) 1841-186?, 1860-12-12

whole or IN part, has been rendered i'm
practicable by events over which he could
have exercised no eontroli
Such at the present moment is the case
throughout the State of South Carolina, sc
far as the laws Of the United States to Sc
cure the Administration of Justice by
means of the Federal judiciary are con-
cernad The Federal officers within Its
limits, through whose agency alone these
already resigned.
| We no longer have District Judge, a
/ District Attorney. or a Marshall ia South
Carolina, in fact the whole machinery of
the Federal Government necessary for the
distribution of remedial Justice among
| the people has been demolished, snd It
would be difficult if not impossible to re-
place 1t: The only acts of Congress on the
statute book, bearing on this subject are
those Of the 2Sth February 1895, and the
3rd Of March 1907. These authorize the
| President after he shall have ascsrtaiued
hat the Marshall with his posse comitatus
S unable to execute civil or criminal pro.
ess in any particular case TO call forth
che militia, aud employ the army and ma
ivy 10 aid him in performing the service,
having first by proclamation commanded
the insurgents to disperse and retire
| PrdcCaOt1 W butlt IcSDCCblft UOOQeS with
In a limited time. This duty cannot by any
possibility be performed in State where
| no Judicial authority exists to issue pro-
cess, where there is no Marshall to execute
IL and where even If there we're such an
officer. the entire population would con-
stitute one solid combination TO resist him.
The nero resistance of these provisions
proves how inadequate they are, without
further legislation, to overcome a united
opposition in single State not to
speak of other States who may place
| themselves in a similar attitude.
Congress alone has the power to decide
whether the present laws can or cannot be
amended, 40 as to carry out more effectual.
ly the object Of the Constitution. The same
insuperable obstacles do not lie in the way
of executing the laws for the collection of
customs. The revenue still continues to
be collected as heretofore at the Custom
House at Charleston and should the COL
lector unfortunately resign, successor
may be appointed to perform this duty
Then in regard to the property Of the Uni
ted States in South Carolina, this has been
purchased for a fair equivalent, by the con-
sent Of the Legislature Of the State, for the
erection of forts, magazines. arsenals, DC,
aud over these the authority TO exercise
exclusive legislation has been expressly
granted by the Court to Congress
| IL is not believed that any at
tempt will be made to expel the Uni.
ted States from its property this
by force, but if in this | should prove to
be mistaken, the officers in command Of the
Forts have received orders to act strictly
on the defensive. In such contingency.
the .responsi bility for consequences would
rghtfully rest upon the heads Of the as
sailants. 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 relations between the Federal
Govern ment and South Carolina. He has
been invested with no snch discretion. He
possesses no power to change the relations
heretofore existing between them, much
less to acknowledge the Independence OF
that 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
1t has no resemblance to the reorganization
Of foreign de-faete government involving
no such responsibility any attempt TO do
this would on his part be naked act oi
usurpation 1t is therefore my duy
( TO submit TO Congress the whole question
in all it's bearings. The course of events
: Is so rapidly fastening forward that the
; emergency may arrive when you may bG
called upon to decide theitnementous eues
, rtion whether you possess the power, by
, force OF arms, 10 compel State to remain
: in the Union. snou.d feel myself recre-
ant to my duty were 1 to express au opin
ion on the important subject. The ques
/. ton fairly stated is: Has the Constituted
dele gated to Congress the power 10 force {
State into admission which is attempting
to withdraw, or has actually withdraw
from the confcderacy? If answered in tn
affirmative, it must be on the principle tha
the power has been conferred upon Con
gress to declare aud to make war against
: State.
! After much serious reflection / have ar
rived at the conclusion that no such powe
> has been delegated to Congress or to an,
i, other department of the Federal Govern
! ,nent. 1t is manifest upon an in
: spsction of the Con stitution that this is no
among the specific and enumerated power
granted to Congress and il is equally ap
!, parent that its exercise is not pecessar
/, and proper for carrying into execution an
!. one Of these powers. So far from this pow
er having been deIsga ated to Congress,
. was expressly, refused by the Cpnyentio
y which framed the Constitution. sat
% II appears from the proceedings of thi
= body, on. the 3lss of May, .l7s7, that III
r clause authorizing au,execution OF the fors
\ of the whole against delinquent Sta'
- came up for consideration. Mr.. Madiso
!, opposed it in brief. bat powerful speecl
:. from which I shall extract but a sing
sentence. He observed the use of fors
!, against a State suld look more like a de
!. laration Of war than an inhiction OF pui
= ishmeut. and would probably considert
:. by tho party attacked, as a dissolution
- = all previous compacts by which it mig
no be bound.
A Upon his motion the clause was unar
10 mously postponed, and was never, D
70 lieve again presented. thta-
be Soon after, on the 9Th Of january, Iii
as when incidentally adverting 10 this su
ch iect, he said;,
as ANY Government for the United Stat
Q formed on the supposed practicability
a using force against the unconstitutior
cd proceedings Of the States, would prove
yer visionary aud iallscious as the Governmt
ity of Congress !" evidently meaning the tn
to existing Congress Of the old ConJcderati'
wn Without descending to particulars, IT IN
On. be safely asserted that the power 10 ms
its war against State is at Variance with
go whole spirit and intent Of the CONSTITUTE
be Suppose such war should result IN
the CONQUEST of Stste, how are we to gov
n.o il aiterw ards? Shall We hold it as a p
ib- vince and govern il by despotic pow
of In the nature Of things we could not
- physical force control the viii OF the p
hat ple, aud compel them to elect S-oatoTs.s
rn- Representatives to Congress, and To ?
late form all the duties depending upon u
ise own relation, and required from the
on citizens of FREQ State as constitutio
the member Of the Confederacy. But If
hey possess the power, would it be wise to
itu ercise it under the existing circumstaut
en- The object would be doubtless to pres
Ith- the Uninu. but would not only present
dis most effectual means of destroying it.
the would Danish all hope Of it's peace'
.aa p reconstruction Besides in the frate
,eo- conflict a vast amount Of blood and I
inst cure would be expended, rendering fu
aral reconciliation betw cen the States inpo
light BILE. In the mean time, who can for
med what would be the sufferings and pr
ents tions of the people during its eHistenc
ntly The fact is that our Union rests upon
ised lie opinion, aud can never be cemented
y.--Ithe blood of its citizens shed in civil
de. Ifit cannot live in the affections OF
go, --.sta !, -ouSt one dav perish. Cons