The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1860-12-06
have already resigned. We no longer have
= District Judge. District Attorney, or q
Marshal in South Carolina.

| hosC oiSo2y ISSiXuoU. w e no Acn&cI AAs
= District Judge. District Attorney, or
Marshal in South Carolina.
| In fact the whole machinery of the Federal
Government Necessary for the distribution OF
remedial Justice against the people has been de-
molished and it would be difficult, if not I'M
possible, to replace 4 The only acts of Con-
gress on the statute book bearing upon this sub
Iject are those of the 2S.h of February 1875,
and Sd of March, 1907; these authorize the
| President, after he shall have ascertained that
the Marshal with his posse oomitstu, is unable
TO execute a criminal process in any particular
case, To call forth the militia and employ the
army and navy to aid him in performing this
service, having first by proclamation comman-
ded the insurgents to disperse and retire peace
ably to their respective abodes within limited
time. This DUTY can not by possibility be per-
formed in State where no judicial Authority
exists to issue process, and where there is no
Marshal to execute and where, even If Il ere
were such an officer, the entire population would
constitute one solid combination to resist him.
The bare enumeration of these provisions
proves how inadequate they are, without furth-
/ er legislation to overcome united opposition
t IN single State, not to speak of other States
who may place themselves in a sim lar attitude.
Congress alone has power to decide whether
the present laws can can not be amended so
as to carry out more effectively the objects Q
the Constitution.
The same inseparable obstacles do not lie in
the way of executing the laws for the coiec-
tioa of the customs. The revenue still con-
tinues to be collected as heretofore at the Gus
tom house in Charleston but should the collec-
tor unfortunately resign, successor may be ap-
pointed to perform this duty. Then, in regard
to the property of the United States in Sntn
Carolina, this has been purchased for a fair
equivalent, by the consent of ;he Legislature
OF the State. for the erection OF forts msga-
zines, arsenals, &c. and over these the author
lty to exercise exclusive legislation has been
expressly granted by the Constitution TO C,n-
gress. 1t is not believed that any attempt will
be made to expel the United States from this
property by force, but if in this should prove
to be mistaken, the officer in command of the
forts has received orders to act strictly on the
defensive.
In such contingency the responsibility for
consequences would rghtfuly rest upon the
heads of the ass tilants. Apart from the execu-
ton OF the laws SO far as this may b, praeticl-
BILE. the Executive has no au hority to decide
wha. shall be the relations between the Fede-
raj Government and South Carolina. He has
been invested with such discretion; he pos
sesses no power to change the relations hereto
fore existing between them, much less to ac-
knowledge the independence of that State
This would be to invest a mere Executive off,
Ger with the power OF recognizing the dissolu-
ton of the Confederacy. Among thirty
three sovereign States it bears no resemblance
20 the reco ynition of foreign de ftct0 govern
ment involving no such responsibility.
ANY attempt to do this would on his par be
a naked act of usurpa ion; it is therefore my
duty to submit to Congress 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 mom sntous question, whether you
possess the power by force of arms to compel
State to rem in in the Union. 1 should feel
myself recreAnt to my duty Were not to ex-
press an opinion on this important subject
The question fairly stated, Is has the Constitu-
ton delegated to Congress the power to coercs
State into submission which is attempting to
withdraw, or has actually withdrawn, from the
Confederacy. If answered in the affirma a.ive,
it must b. on the principle that the power has
been conferred upon Congress to declare and to
make war against State. After much serious
reflection l have arrived at the conclusion that
no such power has been delegated to Congress
or any other department of the Federal Gov
ernInent. 1t IS manifest, upon an Inspection of
the Constitution, that this is not am ng the
specific and enumerated powers granted Con-
gress, and it is equally ap aren't that its exercise
is not necessary to the proper carrying into exc
cation any one of these powers. So far from
it was expressly refused by the Convention that
frame the Constitution. 1t appears from the
proceedings Of that body that, on the 3lst of
May, 1877 the clause auth ,rizing an exertiou
Of the force of the whole army against delin-
quent State came up for consideration. Mr..
Madison opposed it in a brief but powerful
speech, from which shall extract but single
sentence. He observed that the use of force
against a State would look more like declara-
ton of war than an infiiction Of punishment
and would probably be considered by the party
attacked as a dissolution of all previous com
pacts by which it might be bound.
Upon his motion the clause was unanimous
" postponed. and was never, l believe again
presented. Soon afterward, on the sth of June
1897. when incidental adverting to the sub
jsct, he said any government for the United
States formed on the supposed practicab;lty of
using force against the Constitutional proceed
ings of the States, would prove visionary and
fallacious as the government of Congress, evil
dently meaning the then existing Congress Of
the old Confederation. Withou. descending to
particulars, it may be safely asserted that the
power TO make war against State IS a. vari-
ance with the whole spirit and intent of the
Constitution Suppose such war should
suit in the conquest of State, DO are we to
govern it afterward2 Shall we hold it. as
province and govern it by despo.ic power? In
force control the will of the people and compel
them to elect Senators and Representatives TO
Congress. and to perform all the other duties
depending upon :heir own voEtion, and
auired from the free citizens of free State as
a Constituents member of the Confederacy. But
if we possessed this power, would it be wise
to exercise 1t under existing Circumstances? The
obiec. would, doubtless be to preserve the IN
ion. War would lot only present the most
effectuai means OF destroying it, but would
banish all hops of its peaceable reconstruction;
besides, in the fraternal conflict, vast amount
of blood and treasure would be expended ren
dering future reconciliation between the States
impossible.
In the mean time who can foreteil what
would b, the suffering and privations Of tn
people during its existence ? The fact is tha.
our Union rests upon public opinion, and can
never be cemented by the blood of its citizens
shed in civil war; if it cannot live in the affec-
tons Of the people, it must one day perish
Congress possesses many means Of preserving
il by conciliation, but the sword was not placed
in their hand IN rr,Sprva !. bv f,rca Rrf