New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-05


States, shall be bound by oath affirmation to support
this Constitution"
In order TO carry into effect these powers, the Con:
situiou has established perfect Government In all
its FORMS legislative, executive and udichl ana tnis
Government to tho extent of its powers acts directly
upon the individual citizen Of every State and executes
its own decrees by the agency Of its own officers In
this respect it differs entirely from the Government uh-
der the old Confederation which was confined 10 DIX
ing reousons on the States in their sovereign charac-
ter This left 1t in the discretion Of each whether 70
obey OF to refuse and they often declined 10 comply
with such requsiiion. II thus became necessary ior
the purpose OF removing this barrier ana Cruer 70
form q more perfect UDion," to establish Govern,
mont which could act directly upon the people, ana
execute is own laws without the intermediate agency
of the States. This has been accomplished BY the
Constitution Of the United States. , .,.
In short, the Government created by tne Cohshu-
ton, and deriving lite authority from the sovereign
people of each of the several States has precisely the
same right to exercise its power over the people OF s
these States in the enumerated cases. thai esh one on
them possesses over subjects not delegated to the
United States but reserved to the States, respective
ly, or TO the people
stution of the United States is as much part OF the
Constitution of each State and is az binding upon s
people as though it had been textually inserted
therein.
This Government, therefore is great and powerful
Government invested with all the attributes oil SOW
eregnty over the special subjects TO which s anthoi
Nv eStonds Its trainers never Intended to imphnt in
its bosom the seeds Of s own DESTRUCTION nor were
they at it's creation guilty Of tho abSrdity Of prodg
for It's own dissolution. II was not iendedb y us
trainers TO be the baseless fabric Of vision when, AT
the touch of the enchaner would vaish into thin air,
but substantial and mighty fabric, capable Of resisting
the slow decay Of time and OF detyng the storms ~
ages. Indeed, well may the jealous patriots OF that
dsy have induced fears that government OF such mgh
powers might violate the ed rights OF the States
AID wisely did they adopt the rule Of strict consruc-
ton of these powers prevent the dangerl Bn they
did not fear nor had they any reason 10 IMAGINE lns.
the Constitution would ever be so interpreted as to
enable any State, by her own act and without the
consent OF her sister States, to discharge her people
from all or any Of their Federal obligations.
It may be asked then, the people OF the States
without redress against the tyranny and oppression Of
the Federal Government BY no means. The night
of resistance the part OF the governed aghns the
oppression Of their Governments eaunot be denied IL
exists independently of all CONSTITUTIONS and has been
exercised at all periods Of the worlds history. Under
il old Governments have been DESTROYED and new ones
hive taken their place. II is embodied in strong and
express language in own Declaration ci lndelsn-
dence But tie distinction must ever be observed,
that this is revolution against an established Govern
ment and not voluntary secession from IL by virtue
Of ali Inherent constitutional right In short, lei us
look the danger fairly in the face Secession Is neither
more nor less than revolution. IL may or i may not
be ustiiatle revolution, but still IL is revolution.
What, in the mean time, Ia the responsibility ard
true position Of the Eecuiyef He is bound by sol
emu oath before God and the country - 10 take care
legation he cannot BE- dissolved by any human power.
But what if the performance Of this duty in whole or
in part, has been rendered impractieable by events
over which he could have exercised no contrOli oueh
at the present moment is the throughout the State
of South Carolina, so far as tie laws of the United
States to secure the administration Of justice by means
Of the Federal Judiciary are concerned All the Fed
ersl officers within its bmite through whose agency
alone these laws be carried into execution beye al
ready resigned. We 10 longer haye Disriet-Judge,
q Distrct-AttOrney, or q MGrsha in South Carolina.
In fact the whole machinery Of the Federal Govern
msnt necessary for TIE clibuton OF remedial justice
among the people has been demolished, ard 1t would
be difficult, if not impossible, to replace It.
Tie only acts of Congress tho statuebook, bear
ing upon this subject, those Of the 18th February,
795, and Sd March, 1867. There authorize the Pref.
dent after he shall have ascerGined that the marhal
with lis posse cootus is unable to execute civil or
criminal process any particular case 10 call forth the
iltia and employ tie army and navy TO aid him in
performing ills service, having first by Proclamation
commanded the insurgents dsperse and retire peace
ABLY 10 their respective a9Odes within q limited time.
This duty cannot by possibility be performed in state
where judicial authority exists 10 issue process and
where there is marshal TO execute H. and where,
even if there were such officer the entire popula-
ten would constitute solid combination TO resist
him.
The bare enumeration Of these provisions proves how
ipodao they are witt out further e station TO over
come ni,ed'oppositon in q Jingle Sta {, not TO speak
of other States who may place themselves IN similar
attitude. Congress alone has power 20 decide whether
the present laws can or cannot De AMENDED 30 as 70
cauy out efFeetuay tie objects OF the Consti-
tuition.
The same insuperable obstacles do not lie in the way
of executing the laws for the collection of tie custos
The still continues TO be collected, as hereto
FORE at the CustomllOnse in ChaIleston ard should
the Collector unfortunately reign successor may be
appointed 10 perform tlis duty.
Then in regard TO tho property Of the United States
in South Carolina. This has been purchased for fair
equivalent "by the consent Of the Legislature of the
State" for the erection Of forts, magazines arenals
&C.. and these the authority to exercise exclu
sve legislation" has beel expressly granted by the
Constitution 10 Congress. Ii is not believed that any
attempt viii be made to expel the United States from
Es property by orce but II in tits should prove 10
be mistaken, the officer in command Of the forts has
ceved orders to act strictly the defensive. In such
a contingency, the responsibility for consequences
would rghtfaly rest upon the heads of the assiants
Apart from the execution of the laws, far dis
may be practicable the Executive has authority to
decide what shall be the relations between the Federal
| Government and South Carolina. He bas been invest
ed with such discretion. He possesses no power 10
change the relations heretofore exiting between hem
much lees to acknowledge the INDEPENDENCE of that
State. This would be to invest mere Executive Of
cer with the power Of recognizing tie dissolution Of
the Confederacy among our thfty-thIse toyeIcign
States, II bears no resemblance 70 The recognition of
foreign de facto Government, involving no such
sponsiGlity. Amy attempt to do this would, on lis
part be naked act Of usurpation. Ii is therefore, my
duty submit 10 Cogressthe whole question in all its
bearings The Of events is Ia idly hasten-
ing forward that tie emergency may coon arlee, wien
you maybe called upon to decide the monenous ques
lion whether you possess the power by force of arms
TO compel State TO remain in the Union. l should
feel self recreant to my duty were not to express
| an opinion on THE important subject.
The question fairly stated is: Has the Constitution
delegated to Congress The power to coerce State into
submission which is attempting to withdraw, or has
actually withdrawn, from tho Confederacy1 If TN.
swered in the affirmative, it must DO on the prineiple
that the power has been conferred upon Congress TO
md = oEa tafa ffcr
seiOus reflection, have arrived at the conclusion that
such power has been DELEGATED 70 Congress, to