Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1860-11-19
stop and ThInk-yvha. is secessIons

appeal to every ciiiZ-n 20 bear in mind that
these laws are not addressed TO the States.
but to each individual person IN the Union.
For example. the United State Statute says
to the citizen: .-You shall not prevent o. re-
tard the transportation Of the mails" Now.
suppose Tennessee should pas an act forbid
ding the passage of the United States mails
through the State, and direct the issuance Of
process to arrest and stop the carriers, and to
take the mail-bags away from them; and sEp-
pose a magistrate should, in obedience 20
the act. issue such process, and sheriff or
other officer should arrest the carrier and
seize his mail, what would iOllow2 Would
the United States government proceed
against TENNESSEE Not at all. The magis-
trate who issued the process. and the officer
who executed it. would be indicted in the
Circuit Court Of the United States, aud BE-
brough to trial there. Do we fitter our
selves that the defendants could make sue
ceSsfuI defence by pleading that they acted
under the authority Of the act of the Legs
lature? If 50, we only deceive ourselves.
The Court would inform US that the laws Of
the United States directing the transporta-
ton of the mails. and making it i crime to
retard their progress, Is supreme, and the act
of the State Legislature fOrbiddIng It, void
The defendants would be convicted and fined
Nov, how is=the execution of this judgIheh t
of the Court TO lie prevented? 1t could not
be done, except by the defendant himself, or
by the government of Tennessee, Let. US
suppose the marshal. armed with writ OF
execution commanding him to make the fine
out of the defendants property, to come
to- make the money by Selling the d.
PENDANTS horse If the defendant resists the
execution of the process, then he incurs the
guilt Of resisting the process and the laws OF
the United States; and for this he is ind!ct-
able Besides this, the marshal has the pow
err. conferred on him by law, to summon 3
posse to assist him in Selling the horse, But
suppose the people VIII not obey the SUM
mons, and thereby the marshal is prevented
from executing the process of the court; III
that case the marshal reports the case to the
proper department at Washington. The Pre-
sidert is notified of Inc facts; and as he is
sysorn 10 see the laws executed, be will send
an armed force to assist the, marshal to make
the money, and perform his duty The de-
PENDANT would find himself too weak to cope
with the marshal thus assisted; and now
nothing remains but to submit, or appeal 10
the Governor of the State to assist him in
resisting the process, and the forces of thg
General Government. Then, suppose the
Governor should raise a military force to
prevent the execution of the process, the
government of the United States, and their
armed forces are brought face TO face, in
case in which the United States are clearl
in the right and we imagiue that every one
will canceds that The right ought and mu~l
prevail.
Now. It may b. said to all this: "Tenuc-
see can iiud a remedy in this case hy s"cg'l
ing fran the Union How? SuPP"s. Tra-
nessee. even by IA convention, should Glenn
" declare herself out Of h. Union; but thr
government If the United States reids . 30.
recoguiz. the declaration of the COW nti u.
and turning aside iroGI This act of Tenue-s-u.
still persists in cnfuIciug the judgm L
against the def .ndaut pgT-uiug him s.i.i. Is
DrfUqte md UjdlJl, having no excuse tor hi
resistance, and proceeds to enforce tn j dig
memt by military force! Either The Stte
must at last acquiezcc. or must oppose fore.
bv fore. II she resorts to this alternatives:
still the United States will not proceed
against tn State: but, finding the people OF
the State with arms in their hands resisting
the lawful authority Of the Union, seize them
and bring them 40 trial for treason, and
punish them capitalIy. Blood is now she'd,
and it Is said thai this blood could never be
appraised, but must beget fatal hatred in
the minds OF the people against the govern
ment Why: Would not every government
in the case supposed, shed the blood of the
opposers of the law? Has not every govern
ment shed the blood Of those who have in
curre1 the guilt of doing what is forbidden
under capital penalties? Could any govern
ment exist without This power? So, likewise,
in a case where a citizen of one State sues
and RECEIVERS a Judgment in the Federal
Courts against the citizen of another State.
So, in the ease of fugitive slave, pursued
under the act of Congress. So, in the execu-
ton of all constitutional laws of the Fcde-
raj Government. ..a
What does all this prove? 1t proves-that
going out of the Unicn by solemn acts OF
State Legislatures or conventions does not
absoIve the individual citizen from the obIi-
CATION to obey the laws of the Union, and
notwithstanding the act of secession the in
dividual still continues subject to the laws OF
Union, and nothing can protect him from
the penalties of the violated law, but the use
of superior force. In all such cases the
Presidents duty is plain. He. is bound to
execute the laws. He cannot, even, be re-
lieved from It by an act of Congress, for Con-
gress has no such power; any act of the kind
would be void. In any CT the cases supposed,
nothing short of an act of the whole people, J
in convention, can discharge the President
from his obligation to enforce the national
laws against all violators of them, and from |
employing the whole power with which he is
invested by the constitution and laws to dis |
charge that ddty t'if roo
Secession, therefore, by the people OF n |
State, is a nnllity in law, and every citizen |
of the State continues, in spite of secession.
still citizen of the UAron, liable to the pen
alties OF the laws OF the Union; and every
act of resistance TO the laws of tine govern
ment, ,ither by one man or one hundred
thousand is crime, and can only be made
innocent by the people of the. United States.
in eonventioa The contrary dJctrihe would
give as government without law, Without
order, without safety either for life. liberty
or property-just no government at ali. II
will thus be seen that in the outset, the viO-
Iation of the Iaw by a single individual is
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