Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1860-12-13
Of the Presidents Message.

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WAsHINaroN, Dee 4.-Ths Pres
dent, ia relation to Secession, says
bat the Exc cutive is bound by
solemn oaths before God and the
to take care that the laws
be faithfully executed, and from this
obligation be canpot 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 he
could have exercised no control,
such rs at the present moment is
the case throughout | he State
Of South Carolina, so far as the
laws of the United States to Sc
cure the administration Of justice
BY means Of the Federal Judiciary
are concerned, all the Federal officers
within its limits through whose
agency alone those laws can be car
ried into execution, have already
resigned We no longer have a
District Judge, District Attorney
or a Marshal in South Caroline, in
fact, the whole machinery Of the
Federal Government, necessary for
the distribution of remedial justice
among the people has been demol-
isbed, aud il would be difficult, if
not impossible, to replace. The only
acts of Congress on the statute book
bearing upon this subject are those
Of the 2Sth Of February, 1895. and
Sd Of March, 1907. These author
Use the President, after he shall have
ascertained that the Marshal with
his posse conntatus is unable to exc
cute the civil or criminal process in
any particular case, to call forth the
militia and employ the army and Ma
Wy to aid him in performing this
service, having FIRST by proclamation
commanded the insurgents to disperse
and retire peacefully to their respec-
tive abodes 10 Unite d time. This
dutycannot by any possibility be pei.
formed in State where there is no
Judicial authority existing TO issue
process, and where there ia no Mar.
shall to exseuts it, aod wherever il
there. we're such an ficer. the entire
population would constitute one Said
combination 10 resist him.
II In regard to
the property Of the United States il
South Carolina, this has been pur
chased at a fair equivalent by the
consent Of the Legislature Of the
State, for the erection Of forts mag
azines ,arseBals, &c. and over these th.
authority to exercise exclusive legisla
tion has been expressly granted by thu
Constitution to Congress. 1t is no
believed that any attempt will b.
made 10 expel the United State
from its property by force; but if il
this | should prove 10 be mistaken
the officer in command Of the Fort,
has received orders to act strictly OF
: the defensive. In such a contin
gepcy the responsibility for the con
sequences would rightfully rest upor
1.-THE heads Of the assailants. Apar!
from the execution Of the laws, Sc
far as they may be practicable, the
Executive has no authority 10 de-
eide what will be the relation between
the Federal Government and Soutl
Carolina. He has been invested
! with no such discretion, he possesses
no power 10 change the relation here
tolors existing between them, much
less to acknowledge the independence
of that State. This would be to in
vest a mere Executive officer with th,
power Of recognizing the dissolution
Of the Confeceracy among our ,hir
ty.thrse Sovereign States. 1t bear
} no resemblance 10 the recognition o
ia foreign de facto Government, in
vOlving no such responsibility. AM
attempt 10 Do this would, on his pa.t
be naked act Of usurpation. It'll
therefore my duty to submit to Con
gress the whole question in all it!
bearings.
i The course of events is 30 rapid,
fastening forward, an emergenc,
may soon arise when you may b
called upon to decide the momentou.
question as to whether you posses
the power by force Of arms to compe
a State 10 remain in the Union.
should feel reereant to my duty were
not to express an opinion on this i'm
portant subject. The question fairl,
stated is this: HAS the Constitution
delegated to Congress the power t.
coerce State intosutmission which il
attempting to withdraw or has actual.
lily Withdrawn flom the Confederacy?'
II answered 10 the affirmative, it mus