Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-12-14

Ill OK any OI Qtr oatfbf ObileuIouo' .t.tel
It may be asked, then, are the people
the States without redress against the tJ
amy and oppression Of the Federal Cover
ment? BY no means The right of resi-
ance on the part of the governed against t
oppression Of their Governments cannot
denied 1t exists Independently Of all Go
llstitutions, and has been exercised at all pc
|lods of the worlds history. Under it Q
j Governments have been destroyed, and ne
Zones have taken their place. 1t is embodi
in strong and express language in our ov
II declaration of Independence. But the di
Itinction must ever be observed, that this
airevolution against an established Cover
stment, and not voluntary secession from
by virtue of an inherent constitutional righ
Elm short, let US look the danger fairly in Il
face: Seces sion is neither more nor less tha
revolution. s It may or may not be ajustifi
ble revolution, but still it is revolution.
/ What, in the mean time, is the respons
ibility and tue position of the Executive
| He is bound by solemn oath before God an
the country "to takescare that the laws t
faithfully executed, and from this oblig
CATION he cannot Re eAbsolved by any huma
power But what il the performance of hi
duty, in whole or ID part, has been rendere
|impracticable by events over which he coul
have exercised no control? Such, at tn
present moment, is the case throughout tn
Estate Of South CSealins, SO far as the laN
of The United States to secure the admins
tration of Justice by means Of the Federl
Judiciary are concerned. All the Federa
officers within its limits, through who's
agency alone these laws can be carried int
execut on, have resigned. We no longe
have District Judge, a District Attorney
Or Marshal, in South Carolina. In fact
the whole machinery of the Federal Gov
ernment necessary for the distribution o
remedial justice among the people has beer
demolished, and it would bs difficult, if no
impossible, to replace it.
The only acts of Congress on the statute
book, bearing upon this subject. are those
Of the 2Sth February, 1895, and Sd March
1907. These authorize the President, aftel
he shall have ascertained that the marshal
with his posse comitatuG, is unable to execute
civil or criminal process in any particular
case, to call forth the militia and employ the
army and navy to aid him in performing his
service, having first by Proclamation com.
manded the insurgents to ''disperse and re.
tire peaceably to their respective abodes
within limited time" This duty cannot
by possibility be performed in State where
no judicial authority exists to issue process,
and where there is no marshal to execute it,
and where, even if there were such an officer
the entire population wonld constitute one
solid combination to resist him.
The bare enumeration of these provisions
proves how inadequate they are without fur
ther legislation to overcome united opposi-
tion in single State, not to speak of other
States who may place themselves in simi-
lar attitude Congress alone has the power
to decide whether the present laws can or
cannot be amended SO as to carry out more
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 be collected, as heretofore, at
the Custom House in Charleston; and should
the Collector unfortunately resign, sue
cessor may lie appointed to perform his
duty.
Then in regard to the property of the
United States in South Carolina. This has
been purchased for fair equivalent, ''by
the consent of the Legislature of the State
for the erection of forts, magazines, arsen-
als," &C., and over those the authority to
exercise exclusive legislation" has been
granted by the Constitution to Congress- 1t
is not believed that any attempt will be made
to expel the Z United States from this property
by force; but if in this should prove to be
the officer in command of the forts
has received orders to act strictly on the de-
fensive. In such contingency, the respon-
sibility for consequences would .rightfully
rest on 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
relation between the Federal Government
and South Carolina. He has been invested
W ith no such discretion. He possesses no
power to change the relations heretofore
existing between them, much less to &C.
the independence of that State
This would be to invest mere Executive
officer with the power of recognizing the
dissolution of the Confederacy among or
thirty three sovereign States. 1t bears no
resemblance to the recognition of foreign
de facto Government, involving no such re-
sponsibility. Any attempt to DO this would,
en- his part, be naked act of usurpation.-
1t is, therefore, my duty to submit to Con-
gress the whole question in all its bearings.
The course of events is so rapidly fastening
forward, that The emergency may soon arise,
when you may be called upon to decide the
question whether you possess
the power, by force of arms, to compel a
State to remain in the Union. should feel
myself recreaat to my duty were l not to
express an opinion on this importantsubject.
The question fairly stated is: Has the
Constitution delegated to Congress the power
to coerce State into submission which is
attempting to withdraw, or has actually
withdrawn, from the Confederacy? If an
swered in the affirmative, it must be on the
principle that the power has been conferred
upon Congress to declare and to make war
against State. After much serious reAec-
ton, have arrived at the conclusion that
no such power has been delegated to Con.
gress or to any other department of the
Federal Government. 1t is manifest, upon
an inspection of the Constitution, that this
is not among the specific and enumerated
powers granted to Congress; and it is equal
ly apparent that its exercise is not 'neces
SdIy anu pfopoi loI edIA yinS into cAecuIlou
any one Of these powers. So far from this
power having been delegated to Congress, il
was expressly refused by the Convention
which framed the Constitution.
1t appears from the proceedings of tina
body, that on the 3lst May, 1887, the clause
"authorizimg an erertion Of the force Of tn
soIaole against delinquent State" came ur
for consideration Mr.. Madison opposed il
in brief but powerful speech, from which
shall extract but single sentence. He oh
served: "The use Of force against Stat
would look more like declaration Of wa
than an infction of punishment; and woul
probably be considered by the party attacke
as dissolution of all previous compacts b,
which it might be bound" Upon his mo
ton, the clause was unanimously postponed
and was never, believe, again presented
Soon afterwards, on the Sth of June, l7Si
when incidentally adverting TO the subject, h
said {: "Any Government for the Unite
States, formed on the supposed practicable
ty of using force against the unconstutions
proceedings of the States, would prove a
-: ood 70 ol1ooio,,o Tho Govorp m or