The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-12-07

principle Of justice, Let us wait for the

Administration. Let us trust that the
State Legislatures will repeal their uncon-
stitutional and obnoxious acts. Unless this
shall be done without unnecessary delay, it
is impossible for any human power to save
the Union, and the Southern States have a
right to demand this act of justice from the
Northern States. Should this be refused,
the injured States, after having first used
all peaceable means to obtain redress,
would be justified in revolutionary resist
ance to the Union.
The alleged pretence that as each State
becomes party to the Union by the vote
of its own people assembled in convention,
so any one of them may retire from the
Union in similar manner, by the vote of
such convention, is wholly inconsistent
with the history as well as the character of
the Federal Constitution.
The President then rehearses portion of
Gen. JacksOn's message of 1888, relative to
the multiplying ordinance of South Carolina,
and says this government was intended by
its founders to be perpetual, and not be
annulled at the pleasure of any one of the
contracting parties.
The President then enumerates the powers
conferred on Congress by the federal gov
eminent, and that these powers may be
effectual, it also possesses exclusive right to
levy and collect all import duties and other
taxes, and has adopted efectual means to
restrain the states from interfering Herewith.
In order still further to secure the uninter.
rupted exercise of these high powers against
state enactments, the laws of the United
States, which shall be made in pursuance of
the Constitution, and all treaties made or
which shall be made under the authority
of the United States shall be made the
supreme laws Of the land and the
Judges in every Court shall be bound
thereby, anything in the constitution
or laws of any state or territory not
withstanding. The government created by
the constitution, and deriving its authority
from the sovereign people of each of the
several states, has precisely the same right
to exercise its power over the people of all
states, in the enumerated cases, that each
one of them possesses over subjects not del
egated to the United States, but reserved
to the states respectively or to the people.
To the extent of the delegated powers, the
constitution of the United States is as much
a part of the constitution of each state, and
is as binding on its people as though it had
been textually inserted therein. This gov
eminent, therefore, is a great and powerful
government, invested with all the attributes
of sovereignty over the special subjects to
which its authority extends.
1t may be asked, then, are the people of
the States without redress against the ty.
ranny and oppression of the general govern
ment? By 20 means. The right of resist
ance on the part of the governed against
the oppression of the government cannot be
denied. 1t exists independently of all con-
situations. and has been exercised at all
periods of the worlds history. But this
distinction must ever be observed, that this
is revolution against an established govern
ment, and not voluntary secession from it
by virtue of an inherent constitutional
right. In short, let us look the danger
fairly in the face. Secession is neither
more nor less than revolution. 1t may or
it may not be justi6able revolution but
still it is a revolution.
What in the meantime is the Responsible
ty and the position of the Executive? He
is bound to take care that the laws be faith.
fully executed, and from this obligation he
cannot be absolved by any human power.
But what if the performance of this duty in
whole or in part has been rendered imprac.
ticable by events over which be could have
exercised no control? Such at the present
moment is the case, throughout 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 with
in its limits, through whose agency alone
those laws can be carried into execution,
have already resigned. We no longer have
a District Judge, District Attorney or
Marshal in South Carolina. In fact, the
whole machinery Of the federal government,
necessary for the distribution of remedial
Justice among the people, has beeh demol.
ished, and it would be difficult if not i'm
possible, to replace it.
The only acts of Congress on the statute
books, bearing on this subject, are those of
February 2Stn, 1895, and March Sd, 1907.
These authorize the President, after he shall
have ascertained that the Marshal, with his
posse comtatus is unable 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 SER
vice; having first, by proclamation, COM
manded the insurgents to disperse and retire
peaceabIy to their respective abodes within
limited time.
This duty cannot, by any possibility, be
performed in state where no judicial
authority exists to issue process, and where
there is no Marshal to execute it, and
where, even if there we're such an officer,
the entire population would constitute one
solid combination to resist him. Congress
alone has power to decide whether the pres
ent law cannot be amended so as to carry
out more efectually the objects of the con.
stitution
The revenue still continues to be col
lected as heretofore ct the custom house at
Charleston, and should the collector resign,
a successor may be appointed to perform
this duty.
1t is not believed that any attempt will
be made to expel the United States from its
property there 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 defence. In such a
contingency the responsibility for conse-
quences would rightfully rest upon the beads
OF the assailants.
In reference to recognizing q seeding