The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1860-12-13

In short, let us look the danger fairly j
the face: Secession is nothing more no
: less than revolution. i, ,nay or it ma
not he jnsIitiahlc revolution. hut still it i
revolution. " hat, in the meantime. i
the responsibility and true position OF III,
executive. bound hv solemn oath hrt;,r,
" d and the country tu take care. that TIN
laws hc faithfully executed! From th
obligation he cannot I've abSnlved bv an,
human power. But what if the perform
a'ce "i this duty. in whole or IN part. has
been rendered inpracticablr by event,
over which ne could have exercised no con
tI"i Such at the present m"n,ent is the
case Throughout the State Of South Carroll.
'I. :" tar rs the laws nt the t'nitrd States
t" secure the administration ct Justice by
means ct the Federal Judiciary is c, nccrn.
cd. all the Federal officers within it's limits.
through whose agency alone those laws
can be carried into execution. have nlready
resigned. We have nn longer District
; Judge, ar. District Attorney, IN South
Carolina. IN fact, the whole machinery IT
the Federal G"vrrnmrnt, necessary for
the distribution Of remedial jus,c. among
the people. has been demolished, ynd it
would be difficult. itnot impossible. to re-
place it. The only acts "fC"ngrrss on the
statute book hearing upon this subject, are
those Of the 2Slh Of February, 1895, and
3d March, 1907. These authorize the
President. after he shall have a>crr,ained
that the Marshal with his posse c.mitntus
is unalle to eXrcmt. civil or criminal pro-
cess IN any particular case. t. call forth the
m'l'Ia. aud emp "y the army and navy to
AT Tim IN performing the service: having
first, toy proclamation. commanded the in
sur"ents t" diSpcr>e d return peaceahly to
their respective nb"des within a limited
tune. lhl> dn'y cannot, by any possibility,
be performed in Il State " here no iudicial
authority exists to issue process. and where
there is n" Marshal to rxrcute. an] where.
even II there was such an Office the en:irc
population would combine in one solid
column to res sSt him.
lhe mere resistance Of these provisions
proves how inadequate they are. without
further legislation, 10 "vercomra a united
opposition in Il single State, not TO speak
"f other States VIII" may pace themselves
IN similar attitude. Congress alnn. has
power I" decide whether the present laws
cann"t he amended So as to carry ont
more ctiectnalIy the objects of the Cnusti
tuition. The same nsupcrable obstacles
q" not lie in the way of executing the laws
Tor the collection of the customs. The rev
cnn" still continues t" be collected aS here
tof,rr at the Custom House n Charleston.
b, g, 4
resign. successor may be appointed T."
perform this duty. Then. in regard to tn,
property of the United States in South
Carolina, this has been purchased for "A fair
equivalent. by the consent of the Legislature
"t tiie State, for the erection of forts, mag
hzIn"s, arschals, &c. and over these the
iiif"nTt vim ~" ffiao, "SeI"ti iSn ,la"i.la,inn
States from this property by force; but if
in thi> should prove t" he mistaken. the
officer in the command of the forts has re-
crivci orders To- act strictly on tie drtrn
>rr In such II contingency. the response
hilitv for consequences would rlyh'ttllN
=, >t up II the head Of the n>>ilIant>. Apart
from the exccu'm of the laws. -" far aS
this may he practicable. III" EX"cu'ivr has
mo- autilnr,y tn decide, what shall he IN.
rrlati,nS between tn. Federal G,vrlnmr
aud South Carolina. He has been invest
I'd with no snch discretion. Tie posse se>
mo- rnwrrtr change the relations heretofore
existing hctwr"n thc,u, much less I" ;,c--
knnwlrJar the Independence "t that State.
This would he to invest IL mere Executive
officer with the pow cr "t recognizing the
dissolution IF the C,mrderacv among our,
tht;t,-'hree sovereign States. II has ""
resemblance the recognition Of foreign
de tocto onvcrnnYnt involving n" such re-
st"n>ibiity: any'a'tempt I" d" this would
on his part be Il naked act of usurpation.
It is. therefore. my duty to submit to Con-
crrSS the whole question in all its bearings.
The cour "fevent> is :" rapidly ha 'tcned
forward that the cmcr rncv may arrive
when vnu may be ID rpna to decide
the momentnilS question whether yon pos
>rsS the power. 10y force OF arms. t" com
pei II State to remain in the mon. |
should feel myself rtcrcant t" my duty
/ were not +" express my opinion on the
important subject The question fairly
stated is: Has the Constitution delegated
10 Congress the power t" force State in
to Submission which is attempting t" with
draw. or has actually withdrawn from the
/ Confedrracy! Unanswered IN the aiflrnla-
tive. it must be on the principle that the
power has been conferred upon Congress
/ To- declare and t" make war against Il State.
After much serious reflection have ar
rived at the conclusion that no such power
has been delegated to Congress- ar /" any
other denartmrnt "f the Federal Govern
meut. 1t is manifest, upon an inspection
of the constitution. that this is not among
the specific and enumerated powers grant,
ed T., Congress, and it is cnually apparent
that its exercise is not necessary and prop
or tor carrying int" cxec!ti"n any one i"
these powers. So far from this power
having been delegated to Congress, it wa
expressly refused by the Convention which
framed the Constitution.
1t app ars from the proceedings 81 tha
body. nn tn. 3l>t Of May. 1857. that th'
clause authorizing an execution 1T the '''Tc'
Of the whole against a delinquent stat'
came np for consideration. Mr.. Madison
: opposed it in a tirf h"t powerful speech
p. from which | shall extract but s'h@I'
sentence. He said: The use Of t"rc'
t. against a State would hook more like
r d.cIarati.n Of war than an htilcf"n
. .,,l ,..,,ld nrnhnhiv he con-