Daily national Democrat., 1860-12-22

of the Union in rebelious State would not
presuppose a declaration Of war-nothing Of
the kind 1t is simply question as to
whether the Government has the ability to
execute its functions throughout the limits Of
the Union. If the United States Marshal
refuses in any given case to act, let another
one who ,rU act, be appointed in his place
If there be not force enough in the militia of
the State to assist the Marshal, then the army
and navy are both at the command of the
President, and why should they not be called
into requisition?
Secession is simply notification, because,
when State secedes, it cannot Of course take
itsclfup and be transplanted outside the lin
its Of the Union Itremains geographically
and legally where it was before fully and
completely within the jurisdiction Of the
United States lfit chooses not to send SEN
ators or Representatives to the national leg
islature or if it chooses not to exercise the
functions of State Government at all, that
is its own look out but the Constitution OF
the United States has provided for the en-
forcement ofthe Federal authority within its
limits and to dispute the authority of those
Federal laws is notification. SO the whole
thing is resolved into notification at last, and
the law which was passed by Congress, in
the nullifcaton crisis, during the Administra
ton of General Jackson, provides ample
means for the enforcement Of Federal author
! ity in case of resistance to the General Gov
ernment.
To look for this power to the war making
power of the Federal Congress, it seems to
us ridiculous. The authority Of United
States Marshal is not supported 10y any war
making power, but simply by posse comi-
tatus, and, if that fail then by the militia,
and, if that fail, then by the United States
troops or navy. The necessity of the case
does not in any manner touch upon the war
making power. There is no wari in the case,
it is simply the enforcement or non-enforce-
ment of constitutional and legal authority,
by means of those appliances which exist in
the machinery Of the Government
The President seems to be staggered at
the idea of the entire people of South Carroll
ma, for instance, being for secession. What,
he says are we going to do if they refuse to
send Senators and Representatives to Con-
gress? Why, let them do without sending
them, is our answer, and we think there is
sense in it, If they choose to be governed
in Congress, without representation, it is
their high privilege to enjoy that advantage.
That is no reason why the United States
Marshal should not discharge his duty, the
! Collector of Customs exercise his office, U. S.
District Judges discharge their functions, and
District Attorney attend to their cases. If
the present population of South Carolina
choose to live without law, there are thous-
ands of citizens of the United States who
would go within their limits and cheerfully
obey the statutes of the United States, aud
for that matter vote for State officers and
send Senators and Representative to Con-
gress. There is no good sense in saying that
the wheels of State Government are going
to be stopped, as long as there is land to be
cultivated and business interests of every
character to be sustained
This part Of the Presidents Message, bear
ing upon the subject of Secession, is the only
flaw in it. We shall refer to the subject
again, and, next time, will be able, we think
to lay our hands upon high authority touch
touching the point under consideration.