The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1860-12-13
NO.41

tnab tDe Wareuki WHO nls posse cO2lItf(JttfS
is unable TO execute civil or criminal pro.
cess 10 an, particular case, to call forth
the militia and employ the army add pa
w TO aid him in performing this service,
hs.ins 6rst by Proclsm stion coumaud-
ed the insurgents Ito disperse and retire
peacesbly to their respective abodes. with
in limited time" This duty cannot BY
possibility br performed 10 State wters
no judicial authority exisss to Issue pro
cess. and where there is no marshal TO
execute it. aud where, even if there we're
such so of6cer, the entire population would
eon-titute oae solid combination to resist
him.
The bare enumeration of these provis-
ions proves how inadequats thsy are With
out further legislation to overcome uni
ted opposition in single State. not to
speak of other States who may place
themselves in = similar attitude Con
gresa alone bss power to decide whether
tbe present Laws can or cannot be amea-
ded 20 as to eaIry out more eFcetualiy the
objects of the Constitution.
/ The sane in.upersbe obstacles DO not
lie IN the way OF executing the laws for
the collection of the customs. The reye-
nue. still continues to De collected a. here.
tofore. at the custom house IN Charleston;
and should the collector unfortuostels
resign. successor mag be sppoiuted to
perform this duty.
Then in regard to the property of the
Unitsd States 10 South CsFolIos. Tbis
has beer purchased for fair equivalent,
"by the con-ent of the Legislature of the
State. "fOr the erection Of forts, uszs-
zines, arscpsls." &c aud over these the
authority to exercise exclusive lexisIs
ton has been expressly granted By the
Constitution to Congress. 1t i not be
lieved that any attempt will he msds &c
ezpei the Ueited States from this proper
sy by force; Oul il IN this should pToys
to be mistaken. the officer 10 CON a and O.
the forts has received orders to act strict
/ ly on the defensive 10 such contiuksu
cy, the responsibility for consequence
would rikbtfaliy rest upon the heads OF
the asssilaBts
Apart from the execution of the law.
so far as this q az be practieable, the Ez-
ecutive has no authority to decide ~hsi
shall be the relations between the federal
government and South Carolina. He has
been infested With no such discretion
He possesses no poser to change the re
iGtlous heretofore existing between then.
much less to acknowledge the independ
ence of that State. This uouId be to IL
vest a mere executive officer with tb
power OF recognizing the dissolution O
the Coufedsraey among our thirty three
sovereign States. 1t bears no rssec
blsUoe to the recognition of foreign de
facto government. involving no such res
possibility.
Any attempt to do this would, on hi
part be naked act of usurpation, It's,
therefore. ny duty to submit to Congress
the whole question in all its bearings -
The course OF events is so rapidly hasten
log forward. that the emergency UaY
soop arise. wher sou may be called upog
to decide the nomentous question, wheth-
you possess the poser. by force Of srnls,
to compel a State 30 remain iu the Union
! shonld feel myself rsoreaut to my du-
ty were | DOT TO express an opinion on
this important subject.
The question fairly stated is Has
, the Constitution delegated to Congress
the poser TO force State into sub mission
which is stte q pting TO Hithdras or has
actually withdraNn from the COME ederaeyI
II answered in the sffirmative, it must be
on the principle thst-tbe power has been
conferred upon Con. ress to declare aud to
= make sar a. sinst State. After much
serious reflection | have arrived at the
, conclusion that no such power has been
delegated to Congress or to any other
, department of the Federal Government,
II is manifest, upon 90 inspection of the
Constitution, that this j. not among the
specidc and eHuasrated powers granite
to Congress-; aud it ia equsIly apparent
, that its exercise is not necessary and
proper for csTryiug iSto execution" Any
one of these powers. So far fron this
, poser having been delegated to Congress
. it was expressly reIused By the couYen-
ton which framed the Constitution.
II appears, from the prOceedjoEs oi
that body that on the 3lst of May, 1877
I the clause ''aldkoTising an ezeJtt0n Of Lbt
J force Of tie ,0hoIe against delinquent
iStote' cans up for consideretiou. Mr
D Madison opposed it 10 brief but power
' fol spessh. fross xhich ,bslI extract but
single ssntenoe. He observed: The
!. use of force sgsin.t State SOuld look
more like a declaration of var thsn al
o in6ic,ion Of punishment; sud would prot
. ably be considered By the party attacked
h as dissolutioo of all previous comps sets
4 BY which it might be bound Upoa hi.
motion the clause vas uDsnimcosly post
. poDed. and was never believe again pre-
:. sented Soon afterwards, oD the >th
, June. 1887, when iucidently sdserting &c
!. the subject, he said: ANY GoYernmeni
4. for the United States, forUed on the sup
posed practicabiIity Of using force . gsinst
: the uneoo,titatioDal proceedings of th.
: States. would prove as visionary and fal
j. lacious "a the government of Congress,
a evidently meaning the then existiDy Con