The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1860-12-13

| 1ect Congress possesses the exclusive right to
lay and collect duties on imports and in COM
mon 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 effectual means to restrain the States
from interfering with their exercise for that pur
pose 1t has in strong prohibitory language
expressly declared that no State shall enter into
any treaty, alliance of confederation, grant let.
tiers OF mark and reprisal coin money emit bills
OF credit make anything but gold and silver
com tender in payment of debts, pass any bill
OF attalnder, CT post tacto laws, or laws impair
ing the obligations of contracts. Moreover,
without the consent of Congress no State shall
lay any imposts or duties, on any imports or
exports, except what may be absolutely necessa
ny Tor executing its inspection laws and ifthey
exceed this amount, the excuses shall belong
TO the United States, and no State shall without
the consent OF Congress, lay any duty ON tom
mage, keep troops or ships of wal in time of
peace, enter into any agreement or compact
with another State or with foreign power, or
engage in war unless actually invaded or in
such imminent danger as will not admit fur
ther delay.
In order still further to secure the uninter.
rupted exercise of these high powers against
State interpositiOn, it is provided that the Con-
stltution and the laws ST the U. States, which
shall be made in pursuance thereof, and all
treaties made or which shall be made under the
authority of the United States shall be the SUI
preme law of the land, and the Judges IN every
state shall be bound thereby, anything in the
constitution or laws fanny State to the contrary
Notwithstanding. The solemn sanction ofrelig-
ion has been superadded to the obligations of
official duty, and all Senators and Represeta-
tlVes OF the United Sta ties, all members of State
Legislature, and all Executive and Judicial off.
GERS, both of the United States and the several
States, shall be obund by oath or affirmation
to support this Constitution
In orderto carry into effect these laws the
Constitution has established perfect govern
ment in all its forms, Legislative, Executive and
Judicial, and the Government to the extent of
It's powers, acts upon the individual citizens of
every State and executes its own DEGREES by
the agency of its own officers. In this respect
1t differs entirely from the Government under
the old Confederation which was confined to
making acquisitions on the States in their SOW
ereign character. This left it in the discretion
OF each whether to obey or refuse, and they
often declined to comply with such propositions.
1t thus became necessary, for the purpose OF
removing the barrier, aud in order to form a
more perfect union, to establish Government
which could act directly upon the people, and
execute Its own laws without the intermediate
/
plished by the Constitution of the U. S.
In short, the Government created by the Con
( stitution, and deriving it's authority from the
sovereign people ofeach of the sovereign States
has precisely the same right to exercise its pow
er over the people ofal the States in the emu
merated cases, that each one ofthem possesse!
over subjects not delegated to the United
States, but reserved to the States respectively
or to the people. To the extent of the delegated
powers the Constitution of the United Stales il
as much part of the Constitution of eacl
State and is as binding upon the people, Al
though it had been textually inserted therein
This Government, therefore, is a great ant
powerful government, invested with the attri
butes of sovereignty over the special subjects t,
winch Its authority extends. Its trainers neve
intended Triumphant in its bosom the seeds o
its own destruction, nor were hey, at its crea
ton, guilty. of the absurdty of providing for it.
own dissolution.
1t was not intended by its trainers to be tn,
Useless fabric OF vision, which, at the toucl
UT the enchanter, would vanish into thin air bu
a substantial and mighty fabric, capable of re
T slstlng the slow decay of time, and of defyins
the storms of ages. Indeed, well may Jealous
patriots OF that day have INDUCED fears that
government of such high powers might violate
the reserved rights Of the States, and wisely dix
F they adopt the rule of a strict construction o
f those powers to prevent the danger; but the,
did not fear nor had they any reason to imagine
that the Constitution would be so interpreted
as to enable any 81 ate, by her own act and with
out the consent of her sister States to discharg
all or any of their federal obligations
1t may be asked, then, are the people of tn
States without redress against the tyrrany an,
oppression OF the Federal Government Bv M
means. The right of resistance on the part O
the governed against the oppression of thei,
q governments cannot be denied it exists indie
pendent OF all constitutions, and has been ex
erclsed at all periods of the worlds history
Under 1t old governments have been destroyed
and under 1t new ones have been replaced 1
is embodied in strong and express language il
our own Declaration of independence, but thu
distinction must ever be observed, that this il
revolution against the established government
and not voluntary secession from it by virtue
of an inherent constitutional right.
In short, let US look the danger fairly in The
face. Secession is nothing more or less thai
revolution. 1t may, or it may not be iustifa
Die revolution. What in the meantime, is thu
responsibility and true position of the Execu
i've, pound by solemn oath before God and The
country to take care that the laws be faithfully
executed From this obligation he cannot BIZ
absolved by any human power But what i
the performance of this duty in whole or in part
has been rendered impracticable by events ovel
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 administra
ten OF justice by means of the Federal Judicia
~ are concerned, all the Federal officers within
its limits, through whose agency alone these
laws can be carried into execution have alread,
resigned We have no longer a District Judge
| or District Attorney in South Carolina. IL fact
the whole machinery of the Federal Govern
ment, necessary for the distribution of remedial
justice among the people, has been demolished
and 1t would be difficult, if not impossible, tc
replace it.
The only acts ofCongress ON the statute book
bearing upon this subject, are those eff the 28tI
OF February. 1875 and Sd Of March, 1907
These authorize he President, after he
shall have exercised that the Marshal with his
posse comltatus is unable to execute civil OF
military process in any particular case to call
lorth the mniitIa,and employ the army and navy
to AID him in performing the service, having
nrst, by proclamation, commanded the insuT-
gents to dispense to their respective abodes
within limited time. The duty cannot, by
any possibility, be performed in a State where
judicial authority exists to issue process
and where is no Marshal to execute and where
even II there were such an officer, the entire
| population would combine in one solid column
to resist him.
The mere resistance of these provisions
proves how inadequate they are, without furth
er legislation, to overcome united opposition il
single State, not to speak of other States wht
may place themselves in similar attitude
Congress alone has the power to decide whethe
! the present laws can or cannot be amended 81
as TO carry out more effectually the objects o
) the constitution. The same insuperable obsta
ces do not lie in the way Of executing the law
for the collection of customs The revenu
still continuesitobe collected as heretofore at tn
custom House at Charleston, and should tn
2 Collector unfortunately resign, successor ma,
. be appointed to perform this duty. Then, il
: regard to the property of the United States il
q South Carolina, this has been purchased for
lar equivalent by the consent of the Legislature
OF the State, tor the erection of forts magazines
o arsenals, DC, and over these the authority t
exercise exclusive legislation has been expressl
= granted by the Court to Congress-