Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-12-04


coin money, and to regulate the value thereof and to
regulate with foreign nations and among the
several States It Is not necessary to enumeTate the
other high powers which have been conferred upon the
Federal Government In order to carry the enumerated
powers into effect, Congress possesses the exclusive right
to lay and COLLECT duties imports and in common with
the States to lay and collect all other taxes.
But the Constitution has not only conferred these high
powers upon Congress- but it has adopted ectual means
to restrain the States from interfering with their exercise
For that purpose has, in strong proibtory language
expressly declared that no State shall enter into any
treaty alliance, Oh confederation grant letters of marquc
and reprisa; COLI MONEY! emit bills OF credit; make
anything but gold and silver coin tender In payment of
debts pass any bill of attainder, post cto law law
impaifiHg the obligation of contracts: Moreover
''without the consent of Congress- State shall ay
any mposs duties on any imports or exports, except
what may be absolutely necessary for executing its n
specton laws p and If they exceed this amount, the
cess shall belong to the United States.
And State SHALL without the ooiiset of Congress-
ay any duty of tonnage keep troops Of ships OF war; In
time of peace enter into any agreement compact with
another State, with g. foreign power engage In
war; uhless actually fntGdeG OF III such Imminent dbl
ger will not admit of delay"
In order still further to the uninterrupted exer
cisc OF these high powers against State nerposton it is
provided tkat this Consttuon and the laws df the Uni
ted States which shs be made In pursuance thereof and
all treaties made, which shall be made, under the au
thory of the United States shall be the supreme law of
the land and the judges Ia every State shall be bound
to the contrary notwithstanding "
The solemn sane.i51 o. religion has been superadded
10 the obligations Of official duty, and all senators and
representatives Of the United States all members Of State
legislatures aud a executive and judicial officers both
OF the United States and OF the several Satcs shall be
Bound by oath affirmation osuppor this Constitution "
In order to carry into effect these powers the Consu
ton has established perfect Government in all its FORMS
legislative, Executive, and Judicial and this Govern
ment to the extent of Its powers acts directly ups the
individual citizens of every State, and executes it's
decees by the agency of its own officers In this respect
it dfers entirtg from The Government uder the old
Confederation, which confined to making acquisitions
the States their sovereign character This left in
the dicreton of each whether to obey to refuse and
they often declined to comply with such requsons It
thus became necessary for the purpose of removing this
barrier, and in order to form perfect Union to
establish Government which could act directly upon
tho people, and execute its laws without the inter
mediate agency of the States This has been accomplished
| by the Constitution of the United States
In short the Government created by the Constitution
and deriving its authority from the sovereign pcop,c Of
each Of the several States has precisely the right to
exercise it's power the people of all these States
in the enumerated cases. that each Of them poseepes
subjects not delegated to the Uned States but ere
served to the States respectively to the people,
To the extent Of tho delegated powers the Constitution
of the United States Is as much part of the constitution
of each State and is binding upon people, as though
it had been teAtuay inserted therein.
This Government therefore IL great and powerful Coy
ernme invested with all the attributes of sovereignty
over the special subjects t. which It's authority extends It's
trainers never intended to mpnt In its bosom the seeds Of
Its own destruction they at its creation guilty
OF the absurdlty Of providing for its dissolution 1t
not intended by It's trainers to be the baseess fabric
OF vision which, at the touch of the enchantnr would
vanish into thin air, but substantial and mighty fabric
capable OF resisting the slow decay of time and of dcyng
the storms of ages Indeed well may the jealous patri-
OTIS OF that day have INDUCED fears that
such high powers might violate thereservcd rights of the
States and wisely did they adopt the rule Of strict
strucon OF these powers to prevent the danger Bus
they did not fear nor had they any to imagine
that the Constitution would be interpreted as to
enable any State, by her act and without the con
sent OF hes sister States to discharge her people from oil
Or any of their Federal obligations
1t may 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 re-
stance the part Of tho governed against the oppres
sion OF their governments cannot he denied It exists
independently Of oil constitutions and has been exercised
at all periods of tho worlds history. Under it old
governments have been destroyed and now ones have
taken their place. 1t is embodied in strong and er-
| press language in Declaration of Indepen-
dence But the distinction must bc Observed that
this is revolution against established Government and
not voluntary secession from 1t by virtue of an inho-
rent constitutional right In short let look the dan
ger fairly in the face Secession is neither less
than revolution 1t may it may not be justiGable
| revolution, but still it is revolution.
What in the mean time, is the responsibility and true
position OF the Executive? He is bound by solemn oath
before God and the country ito take that the laws
be faithfully executed and from this obligation he can
not be absoved by any human power But what if the
performance of this duty in whole in part has been
rendered impracticabo by events which he could
have exercised control Such at the present moment
tho case throughout the State of South Carolina
as the laws OF the United States to the admsta
ton of justice by of the Federal Judiciary
cened All the Federal officers within it's limits through
whose agency alone these laws be carried into
tion, have already resigned. We longer have dis
trct 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 it
would be difficult, if not impossible, to replace it,
The only acts OF Congress the statute book bearing
upon this subject those OF the 18th February 1895,
and Sd March, 1907 These authorize the President af-
ter he shall have oscertaned that the marshal with his
posse comus is unable execute civil or criminal pro-
cess IN any 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 in
surgents o disperse and retire peaceaby to their
spective abodes, within limited time. This duty
not by possibility be performed in State where no ju
dcal authority exists to issue process and where there
Is marshal to execute it, aud where there
such officer, the entire population would constitute
oao solid combination to resist him.
The bare enumeration of these provisions proves how
inadequate they without further legislation to
come united opposition in single State not to speak
OF other States who may place themsolves in q similar
attitude Congress alone has power to decide whether
the present laws can cannot be amended to carry
out more efectually the objects OF tho Constitution.
The Same insupcrabe Obstacles do not lie in the way
OF executing the laws for the collection Of the customs
The revenue still continues to be collected heretofore
at the custom house in Charleston and should the col
ector unfortunately resign may be appointed
to perform this duty.
Then in regard to the property of the United States in
South Carolina This has been purchased for fair equiv
aieht by the consent of the legislature of the State
lof tue cfection Of FORTS magazines arsenas &c, ana
over these the authority to exercise exclusive legisa