Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-12-11


administration of justice by mans Of the Federal
Judiciary are concerned. All the Federal Off
GERS within its limits, through whose agency a.
lone these laws can be carriti into execntion.
have already resigned.
We no longer have distrid iudce a district
attorney, or a marshal in Sotth Carolina. In
fact the whole machinery of he Federal Gov
ernment, necessary for the distribution of reme-
dial justice among the people has been demol-
ished; and it would be Difficult. if not impossi .
BILE, to replace it.
| The only acts of Congress on the statnte-book
bearing upon this subject, arethose Of the 28th
February, 1895, and 3rd Marh. 1907 These
authorize the President, after he shall have as
certained that the marshal wida his possa comi
tatus is unable to execute civilor criminal pro-
cess in any particular case to cll forth the mill
tia and employ the army and navy to aid him in
performing this service, having first by Procla
nation commanded the insurgents ssto disperse
and retire peaceably to their respective abodes,
within limited time."
This duty cannot by possibility be performed
in State where no judicial authority exists to
issue process, and where there is no marshal to
execute it, and where, even if there 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 further
legislation to overcome united opposition in q
single State, not TO speak of other States who
may place themselves in similar attitude
Congress alone has power to decide whether the
present laws can or cannot be 80 amended as to
carry out more effectually the objects of the
Constitution.
| The same insuperabe obstacles do not lie in
the way of executing the laws for the collection
| n hn ot3l1 fr,
be collected, as heretofore, at the custom house
in Charleston; and should the collector unfor-
tunately resign, successor may be appointed to
perform this duty.
Then in regard to the property of the United
States in South Carolina. This has been pur-
chased for a fair equivalent, ''by the consent of
the Legislature of the State" 'sfor the erection
of forts, magazines, arsenals," &c., and over
these the authority ito exercise exclusive legis
lation'' has been expressly granted by the con-
stitution to Congress.
| 1t is not believed that any attempt will be
made to expel the United States from this prop
erty 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 con-
sequences would rightfully rest upon the heads
of the assailants.
Apart from the execution of the laws, 90 far
as this may be practicable the Executive has no
authority to decide what shall be the relations
between the Federal Government and South
Carolina. He has been invested with no such
discretion. he possesses no power to change
the relations heretofore existing between them,
much less to acknowledge the independence OF
that State. This would be to invest mere Ex
ecutive officer with the power OF recognizing the
dissolution OF the Confederacy among our thirty
three sovereign States. 1t bears no resemblance
to the recognition of foreign de facto govern
ment, involving no such responsibility. Any
attempt to do this would, on his part, be q ma
ked act of usurpation. 1t 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
lmomentous question whether you possess the
lpower, by force OF arms, to compel State to re-
main in the Union. should feel myself recre
ant to my duty were | not to express an opinion
on this important subject.
The question fairly stated is: Has the Con-
|stitution delegated to Congress the power to CO.
cree a State into submission which is attempting
to withdraw or has actually withdrawn from the
lConfederacy If answered in the affirmative, il
must be on the principle that the power has been
Iconferred upon Congress to declare and to make
tion have arrived at the conclusion that nc
1such power has been delegated to Congress or to
any other department of the Federal Govern
lnent. 1t is manifest, upon an inspection of the
CONSTITUTION, that this is not among the specific
and enumerated powers granted to Congress
land it is equally apparent that its exercise is not
necessary and proper for carrying into execu-
ton" any one of these powers So far from
this power having been delegated to Congress,
lit was expressly refused by the convention which
framed the Constitution.
1t appears from the proceedings of that body,
that on the a1st of May, 1887, the clause Eau
thorizing an exertion OF the force of the whole
against delinquent State," came up for consid
Grafton. Mr.. Madison opposed it in brief but
powerful speech, from which j shall extract but
a single sentence. He observed:
1.-The use of force against State would look
more like declaration of war than an infiction
of punishment; and would probably be consid-
cred by the party attacked as dissolution of all
previous compacts by which it might be bound >
Upon his motion the clause was unanimously
postponed, and was never | believe again pre-
sented Soon afterwards, on the 9Th June, 1887,
when incidentally adverting to the subject, be
said: ANY government for the United States,
formed on the supposed practicability of using
force against the unconstitutional proceedings OF
the States, would prove as visionary and falla-
cious as the government of Congress" evidently
meaning the then existing Congress of the old
confederation.
Without descending to particulars, it may be
safely asserted that the power to make war q
gainst State is at variance with the whole
spirit and intent of the Constitution. Suppose
such war should result in the conquest of a
State, how are we to govern it afterwards g.
Shall we hold it as province and govern it by
despotic power? In the nature of things we
could not, by physical 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 their own
volition, and required from the free citizens of
a free State as q constituent member of the con-
federacy.
Bot. if we possessed this power, would it be
wise to exercise it under existing circumstances
The object would doubtless be to preserve the
Union. War would not only present the most
effectual means of destroying it, but would BAN
ish all hope of its peaoeable reconstruction
Resides. in the fraterGal conflict vast amount
Of blood and treasure would be expended, rem
derino future reconciliation between the States
impossible. In the mean time who can foretell
what would be the sufferings and privations of
t,,e peonle during its existence2
The fact is that our Union rests upon public
onnion and can never be cemented by the blood
ot its citizens shed in civil war. 1t it cannot
live in the affections of the people, it must one
day perish. Congress possesses many means of
nreserying it by Cancellation; but the sword was