Daily national Democrat., 1860-12-22
The President on secession.

,
by any state Government, yet he seems to
be staggered in reference to any available
power in the hands of the General Govern
ment with which to coerce a State into sub
mission to the Federal Government lie
says:
Secession is nothing more nor less than
revolution. 1t may, or it may not be lustih-
able revolution, but still it is revoluton-
What, in the meantime, is the responsibility
and true position Of the Executive bound 10y
solemn oath before God and the country to
take care that the laws be faithfully eXecu-
ted From this Obligation he cannot be ab-
solved by any humun power Bat what if
the performance Of this duty, in whole or in
part has been rendered impracticlble by
events over which he 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 cou.
cerned all the Federal officers within its lin.
its, through whose agency alone those laws
can be carried into execution, have already
resigned We have no longer a District
Judge, or a District Attorney in South Caro-
Federal Government, necessary for the dis
tribution of remedial justice among the peo-
pie, has been demolished and it would be
difficult, if not impossible to replace it. The
only Acts of Congress on the statute book
bearing upon this subject, are those Of Feb
IS, 1895, and March 8, 1897 These author
ize the President, after he shall have ascer-
tanned that the Marshal with his posse com
ntdtUS is unable to execute civil or criminal
process in any particular case, to call forth
the militia and employ the army aud navy
to aid in performing the service, having
| first by proclamation commanded the insur
gents to dsporse and return peaceably to
their respective abodes within limited time.
! This duty cannot 10y any possibility be per-
formed in a State where no judicial anthori-
ty exists TO issue process and where there is no
Marshal to execute, and where, even if there
were such an office, the entire population
would combine in one solid column to resist
him. The mere resistance Of these provis-
ions proves how inadequate they are with
out further legislation to overcome united
opposition in single State, not to speak of
other States who may place themselves in
similar attitude Congress alone has power
to decide whether the present laws cannot
be amended so as to carry out more eilectu-
ally the objects of the Constitution. The
same insuperable obstacles do not lie in the
way of executing the laws for the collection
of the customs. The revenue still continues
to he collected as heretofore at the Custom
House in Charleston, and should the Collec
tor unfortunately resign, a successor may be
appointed to perform this duty. Then in re
gard to the property Of the United States in
South Carolina; this has been purchased for
! ftip l,,.t 1,. s,ft b, |
islature of the State, for the erection of forts
magazines, arsenals, etc. and over these the
authority to exercise exclusive legislation
has been expressly granted by the Constitu
to Congress. 1t is not telieved that any at
tempt will be made to expel the United
States from this property by force, but if in
this should prove to be mistaken the officer
in command of the forts has received orders
to act strictly on the defensive. In such a
contingency the responsibility and cGnse-
quences would rightfully rest upon the heads
OF the assailants. 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 Fed
eral Government and South Carolina. lie
has been invested with no such discretion in
the premises-no power to change the rela-
| tions heretofore existing between them, much
less to acknowledge the independence Of that
/ State. This would be to invest a mere exc
cutive officer with the power of recognizing
the dissolution Of the Confederacy among
our thirty-three sovereign States. 1t has no
resemblance to the reorganization of foreign
de fdcto Government involving no such re-
! sponsibilities Any attemptt to do this would
on his part be naked act of usurpation. 1t
is therefore my duty to submit to Congress
the whole question in all its bearings The
course of events is so rapidly fastening for
ward that the emergency may arrive when
you may be called upon to decide the mo-
mentous question whether you possess the
power by force of arms to compel State TO
remain in the Union. l should feel myself
recreant to my duty were l to fail to express
an opinion on the important subject The
question fairly stated is, has the Constitution
delegated to Congress the power to force a
State into submission which is attempting to
withdraw, or has actually withdrawn from
the Confederacy? If answered in the aflir-
native, it must be on the principle that the
power has been conferred upon Congress to
declare and make war against a State.
After much serious reflection, have ar
rived at the conclusion that no such power
has been delegated to Congress, or to any
other department Of the Federal Government.
1t Is manifest, upon an inspection of the Con-
stitution, that this is not among the specific
and enumerated powers granted to Congress,
and 1t Is equally apparent that its exercise is
not necessary and proper for carrying into
execution any one Of these powers. SO far
from this power having been delegated to
Congress, it was especially refused by the
Convention which framed the Constitution.
1t appears from the proceedings of that body
on the 3lst OF May, 1851, that the clause au-
thorizing an execution of the force of the
whole Government against a delinquent
State came up for consideration. Mr.. Mad-
son opposed it in brief but powerful speech
from which | shall extract but single sem
tence. lie observed, The use Of force against
State would look more like a declaration of
war than an iuhiction of punishment and
would probably be considered by the party
attacked as dissolution ofall previous COM
pacts by which it might be bound" Upon
his motion the clause was unanimously post
poned, and was never, l believe, again pre-
sented. Soon after, on the Sth of June ,l7S7,
when incidenty adyerting TO this subject, he
said any Government for the United States,
founded on the supposed practicability of US
ing force against the unconstitutional pro-
ceedlngS of the States, would prove as vision
airy and tallaclous as the Government of Con
gress- evidently meaning the then existing
Congress OF the old Confederation. Without
descending to paricularize, it may be safely
asserted that the power to make war against
a state Is at variance with the whole spirit
and intent of the Constitution. Suppose such
war should result in the conquest of
state, how are we to govern it afterwards
Shall we hold it as a province aud govern it
10y despotic power? In the nature of things
We could not 10y physical force control the
will of the DaonIa an nd eor,r 81 than, 70 ola,,