Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1860-12-06

Srcign governments It is invested with tho power to
coin money aud to regulate the value thereof, and to
e3 uate with foreign nations and among the
several States. 1t is not necessary to enuincrate tho
ether high powers which have been conferred upon the
Federal ropcfprrcnt In order 10 carry the enumerated
powers into effect, Congress rass the exclusive right
10 lay anil collect duties on imports, and IN comuon with
the States TO lay and collect all other taxCs
Dut the Constitution has not only conferred these high
powers upon Congress- but II has adopted cectua ncsns
restrain the States from interfering with their cxerc
For that purpose 1t has ia strong prohitory language
expressly declared that mo State shall enter into any
treaty alliance confederation grant letters OF mnrque
and reprsal coin money emit bills OF credit make
anything but gold and silver coin tender In payment OF
debts pass any bill of atainder pos Jcto law, or law
impairing the obligation of contracts.' Moreover,
thout the consent of Congress-, State shall lay
any iposts duties any imports or exports except
what may he absolutely necessary for executing its in
spcction laws " and If they exceed this amount the
srsc SHIFT belong to the United States
And ho STATS shall. whort the consent OF Congress,
lay any duty of tonnage keep troops, or ships of war; In
time OF peace enter into any agreement or compact with
another State or with foreign power or engage IN
war; ualeas actually invaded in such imminent dan
get ds will not almit of delay.
In order still further to the uninterrupted exeT
so Of these high powers against State incrpositio is
provided tat this Constitution and tho laws OF the Uni
led States which shall be made in pursuance thereof and
all treaties made which shall be made, under the nu
oIity of the United States, shall bo the supreme law OF
the land and the Judges in every State shall be bound
to the contrary Notwithstanding
Tbs solemn sanction of religion has been supcradlctl
to the obligations of official duty and all senators and
reprsnaty,. OF the United States, all members OF state
Legislatures and all executive and Judicial ofcep "both
Of the United States and Of tho several States, shall be
bound by oath affirmation tosupport this Constitution
In order to carry into effect thcac powers, the C''t
ton has established perfect Go'one't ID aii i's ofms'
Jsui,lstiye Executive and Judicial and this Govern
iet 70 the e.tent of its powers acts directly upon The
individual citizens OF every state and executes It's own
DEGREES IN the agocy OF its own officers In WIS le",
II differs entirely from the uovv;nent under ts Oh
Conf deratori which &as confined 10 making ft1us.-l
OH the States 10 their sovereign character 1h sft it in
tho i"r,to Of each whether to obey to reft,e and
they often declined to eo:try with sch requstiQns 1t
thus benme necessary for the purpose OF removing Ills
barrier ard 'n order to form more perfect Union to
establish Government which could act directly upon
the people and eketnto H. own laws without the inter
mease agency Of the States This his boon accomplished
by tho Constitution OF the United States.
In ,hot the noverrimeut created by the Constitution,
and deriving its authority ro Chs sU-sreiah people Of
Zach of the several States has pretisey the right to
exercise Its power tho people OF all these Sates,
In the errn,ersd Eases tliat each of them rosessc5
subjects not delegated to the Unitc'l States but ere
served 10 tho States, respectively, or to the people.
To the extent Of the delegated powers the Constitution
Of the United States Il much part OF the constitution
OF each State and s binding upon is people as though
IL hal been teztualIy Inserted theren.
JsGovornmeut, therefore Is great and powerful Gov
ernment invested with all tho attributes .jvercisnty
the special subjects " which It'd authority eStspd Its
trainers intended TO lmplan In s bosom the seed. Of
ite own destruction they at Its creation guilty
OF the nSuttisy TtVrii.s 10. Ito oorIinr u
not intended by Its trainers to bs the haseess fabric
OF vision which, at the touch of the clchant-r, would
vanish into thin air but substantial and mighty mbc
capable OF resisting the slow decay Of time and of defyng
the storms Of ages Indeed well the jealous patri.
OTIS OF that day have INDUCED fears that government Of
such high powers might violate the rights Of the
Sates sud wisely did they Adopt the rule Of strict
they did MOI fear nor had they any To imagine,
that tho Consultation would he no interpreted to
enable any State, by her act and without Tive
scot of hes sister States to discharge her people from all
or any of their Federal obligations.
II be asked, then, the people OF the States
without redress against the tyranny and oppression Of the
Federal Government by no means The right Of C.
Eistancs she part Of the governed against the opc
sion Of their governments cannot be denied II exits
Independently OF all onssu lions and has bseu sxsised
at all periods OF the worlds history Under II old
governments have been destroyed, and hare
taken their place 1t is embodied in strong and
pres language in Declaration OF lndcpcn.
denoc. But the d.tnction must be observed, that
ths is revolution against established Government and
not voluntary secession from ii by virtue of inhe
rent constitutional right In short, let us look the dan
ger hty in the face Secession is neither nor lc+
than revolution. IL may it may not be justiiabc
revolution but still it is revolution.
What, in the time IL the responsibility and true
position Of the Executive He is bound by solemn oath
baoIe God and the country to take that the laws
be faithfully executed" and from this obligation he
not ho abolvcd by any human power But what if the
performance of this duty in whole in part has been
rendered imprlccablc by events which he could
have exercised control Such at the present moment
Is the throughout the State Of South CAROLINA far
the laws of the United States to the adnnstrs
ton OF justice by of the Federal Judiciary
Ccrned All the Federal officers within it's limits through
wose agency alone these laws be carried into
ton, have already resigned We longer have a dis
rict judge, district attorney, marshal, in South
Carolina In fact, the whole machinery of the Federal
Government, necessary for the distribution of remedial
justice among the people, has been demolished and il
would be difficult, il not impossible, to replace it.
The only acts Of Congress the statute book bearing
upon this subject those OF the 2sth February 1895,
and 81 March, 1907 These authorize the President az
ter he shall have ascertaincd that the marshal with his
pose co1o,s is unable to execute civil criminal pro-
cess In au 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 i'll
sugents 'to dispense and retire pcacealy to their
spective abodcs within limited time" This duty can
not by possibility be performed in State where u
dici authority exists u issue process and where there
is marshal to execute it, and where il there
such officer the entire population would constitute
solid combination to resist him
The bare enumeration Of thess provisions proves how
inadequate they wthout further cgelaton TO
come united opposition i'll single Stdb not ~ speak
attitude. Congress alone has power SO decide whether
the pstest laws cannot be amended to carry
out more eficotually the objects Of the Constitution.
The insuprrable Obstacles do lie in the way
u executing the laws for tho collection Of the customs.
The still continues to be collected heretofore
leor unfortunately resigu may DC appointed
to perform this duty.
Then 10 regard 10 the property Of the United States in
South Carolina This has been purchased for fair equiv
acn by the consent Of the legislature of the State,
for the erection Of forts magazines arsena-, &C. and
these the authority 'tu exercise exclusive cgfa-