The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1860-12-13

| POSS
der to form a more perfect union, to establish
on the people, and execute its own laws
without tie intermediate agency Of the
States. This has been accomplished by the
Constitution Of the United States
| In short the Government created by
the Constitution, and drawing its authority
from the sovereign people of each of the sew
eral States, has precisely the same right to
exercise its power over the people Of all
States in the enumerated cases, that each
one of them POSSES over subjects not delega-
ted to the United States, but reserved to the
States respectively, or to the people. To
the extent of the delegated powers, the Con-
stitution ofthe United States is as much a
part of the Constitution of each State, and is
as binding upon the people as though it had
been textually inserted therein This Gov
ernment, therefore, is great and powerful
Government, invested with all the attributes
Of sovereignty Of the special subjects to which
its authority extends It's trainers never
intended to implant in its bosom the seeds
Of its own destruction g 9s
Nor were they, at its creation, guilty of
the absurdity Of providing for its own disso-
| luton. -,
twas not intended by its trainers to be
the baseless fabric Of a vision, which at the
touch Of the enchanter, would vanish into
thin air, but a substantial and mighty fabric
capable Of resisting the slow decay Of time,
and of defying the storms of ages. Indeed
well NAV jealous patriots of that day have
INDUCED fears that government of such high
powers might violate the reserved rights of
the States, and wisely did they adopt the
rule of strict construction of those powers
to prevent the danger; but they did not fear
nor had they any reason to imagine, that the
Constitution would be so interpreted as to
enable any State, by her own act and with
out the consent of her sister States, to dis
charge her people from all or any of their
federal obligations. 1t may be asked, then,
are the people of the States without redress
against the tyranny and oppression of the
Federal Government? BY no means. The
right of resistance on the part of the govern
ed against the oppression of their Govern
ments cannot be denied it exists indepen-
dent Of all consti utions, and has bee exer-
cised at all periods of the worlds history
Under it old Governments have been des-
troyed, and underit new ones have been re-
placed. 1t is embodied in strong and ex-
press language, in our own Declaration Of
Independence, but the distinction must ever
be observed, that this is revolution against
the established governn ent. and not vol
untary seccssiol from it by virtue of an in
herent constitutional right. - aaifa2.r.
In short let us look the danger fairly in
the face: Secession is nothing more nor less
than revolution. What, in the meantime, is
the responsibility and true position of the
executive, bound by solemn oath before God
and the country to take care that the laws
be faithfully executed ? From this obliga
ton he cannot be absolved by any human
power. But what if the performance of this
| tdIty, in whole or in part, has been render
ed impractcable by events over which he
could have exercised TO 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 ad-
minstration ofjustice by means cf the Fed
eral Judiciary is concerned, all the Federal
officers within its limits, through whose
agency alone these laws can be carried into
execution, have already resigned. We have
no longer a District Judge, or District At.
torney, in South Carolina In fact, the
whole machinery oftbe Federal Government,
necessary for the distribution of remedial
justice among the people, has been demol-
ished and it would be difficult, if not i'm
possible. to replace it. The only acts of
Congress on the statute book bearing upon
this subject. are those Of the 2Sth February,
| I1795. and 81 March, 1907. These authorize
The President, after he Shall have ascertain
ed that the Marshal with his posse .comita-
tus is unable to execute civilor criminal pro-
cess in any particular case, to call forth the
militia and employ the army and navy to
aid him in performing the service; having
first, by proclamation. commanded the in
surgents to disTcrse and return peaceaby to
their respective abodes within limited time.
This duty cannot, by any possibility, be
performed in State where no judicial au-
thority exists to issue process, and where
there is no marshal to execute and where,
even if their were such an officer, the entire
popclation would combine in one solid col
umn to resis: him.
The mer. resistance of these provisions
proves how inadequate they are, without
further legislation, to overcome united op.
position in single State not to speak Of
other States who may place themselves in a
similar attitude. Congress alone has power
to decide whether the present laws cannot
be amended SO as to carry out more effect
ually 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 contin.
ues to be collected as heretofore at the Gus
tom House in Charleston, and should The
Collector unfortunately resign, successor
may be appointed to perform this d,ty.-
Then, in regard to the property Of the Uni
ted States ia south Carolina, this has been
purchased for fair equivalent, by the con-
sent of the Legislature oi the State, ior the
erection Of forts, magazines, arsenals, &C.,
and over these the authority to exercise exclu-
sive legislation has been expressly granted
by the Constitution to Congress. 1t is not be-
lieved that any attempt will be made to ex-
pei the United States from this property by
force; but ifin this should prove to be
mistaken, the officer in the command of the
forts has received orders to act strictly on
the defensive. In such q contingency, the
responsibility for consequences would right
fully rest upon 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
relations between the Federal Government
and South CM olina. He has been invested
with no such discretion. He possesses no
power to change the relations heretofore ex.
isting between them; much less to acknowl
edge the Independence Of that State. This
would be to invest mere Executive Offices
with the power Of recognizing the dssolu
IItion Of the Confederacy among our thirty.
three sovereign States. 1t has no resem.
b.ance tcthe recognition ofa foreign de-factc