Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1860-12-11

ma tSt Oe Ju>-4ltdule revolution, but Stii
II IS revolution. What. in the mean
time, IS the responsibility and irue posI
ton OF ,he executive, bound bv solemn
oath before God and the country 10 TAX,
care that The laws be faithfully executed
From 'hls obligation he canno! be a5solv
ed 10y any human power. But what i
the performance OF this duty, In whole
or in part, has been rendered impracti
cable by 'eyeniS over which be could have
exercised no coutroI! Such al the pres.
ent moment Is the case throughout The
Siate or South Carolina. SO lar as he
laws of the United States 10 secure the
administration OF jusjicr: By means of the
Federal Judiciary IS concerned, all the
edesa- officers within It's limits, through
whose agency alone those laws can be
carried INTO execution, have already re-
signed. We have no longer a Distric,
Judge, or District Attorney, IN South
Carolina. Ia fact, the whole machinery
Of the Federal Government. necessary
for the distribution of remedial Justice
among the people, has been demolished,
and II would be difficult, If not impossi-
bic, 10 replace It. The only acts OF Com
gress on the statute book bearing upon
thls subject, are .hose OF the 2Sth Frbu-
airy 1895, and Sd March, 1897. These
authorize The President, after he Shall
have ascerlained that The Marshall with
his posse cOmilalus is unable 10 execute
civil Or crimlnli process in any particu-
lar case, 10 call forth the militia. and en-
p'oy the army and navy 10 aid him in
performing The service having first, by
proclamation, commanded the Insurgents
o dispense and return peacebIy 10 their
respective abode within u limited time
This duty cannot, by any possibility, ba
performed IN Stale where 10 judicial
authority exists 10 issue process, and
where, even Il there were such an office
the entire population would combine in
one solid column 10 res St him.
The mere Iesi>tLuCe OF these proyis-
lcus proves how Inadequate they are,
without further Legislation, 10 overcome
a united opposition IA single State, not
10 speak OF o,her States who may place
themselves IN a similar attitude Goa
gress alone has power 10 decade whether
the present laws cannot be attended 50 -
10 carry out more etccjuliiy the objects
OF the Constitution. The same iusup-r-
able Obstacles do not lie in the way o. ex-
eculIng The laws for the collection of the
customs. Tne revenue sui Couluues 10
be collected as heretofore al HE Cus.om
House III Charleston. aud should tn Col
lector tuateIy resign, a Successor
may be appointed 10 perform tals duJy
Then, IN regard 10 lae properly OF the
United States IN South Carolina, THIS mas
been purchased for Il taIr equivalent, by
consent of the Legislature Of theS.u,e, for
the erection o. forts, magazines, arSeuats
Sc, and over the s. the authority 10 eXer-
else exclusive legislation has been ex-
pressly granted 10y The Court To Congress.
1t Is n0l believed that ANY attempt VIII be
made to expel The u .Hyd States from
this properly by force; bu: II IA this
should prove 10 be mistaken, the officer
III the command OF The tOrts has received
orders 10 act strictly on tue detrnsjve.-
In such contingency, the responsibility
tor consequences would rlgauuily res.
upon The heads OF the aS5aildulS. 4 par;
from the execution of the laws, 50 tar as
this may be pracucai, the Executive has
10 authority TO decide what shalt be III.
Ineut and South Carolina. H. has been
invested with no such discretion. H po-
sesses no power 10 change the relations
heretofore existing between them, much
less to acinow edge the Independence 0.
that State. THIS would be 10 Iuvrs, a
mere Execuuve officer with the power OF
recognizing the dissolution Of the Con
tederacy among our thlriy-three soyer-
eign States. Ii has no resemblance 10
the recognition Of foreign detttcto gov.
involving no sucn eoponstbIIry:
any attempt - DO this would Oh his part
be j naked act of usurpauon. Ii Is, there
fore, my duty 10 submit TO Congress lhe
whole question IN all Us bearings. Th.
course of eren/fs so rapidly FASTENED
forward that the emergency may arrive
when you may be called upon 10 decide
The momeulOus question whether YOU pos
sess the power, by force Of arms, 10 com
pei a State 10 remain IN The Union. |
should feel myself recrean, to my duty
were | no. 10 express my opinion on the
subject. The question fairly
stated is: Has The Constitution deIegat-
ed 10 Congress The power 10 force 4 State
in,o submission which IS attempting to
withdraw, or has actually Withdrawn
from The Consederacy? If answered iG
the affirm2uye, j. must be oa the prIuci-
pie tina, the power has been conferred
upon Congress 10 dec.are and make war
against a STATE.
After much serious reflection l have
arrived al the conclusion that 10 such
-. ,er has been delegated to CJngress or
10 any other department of the Federal
Government. IL IS manifest. upon an IN
specu0u Of the Constitution, taal this Is
not among the specific and enumerated
powers granted 10 Congress, and j. Is
equally apparen, tha, Is exercise IS 40.
necessary aud proper Tor carrying into
execution any one Of these powers. 50
tar from Jhis power having been delega-
ted to Congress, 1t was expressly refused
5y the Convention winch framed the
Il appears from the proceedings Of Jhal
body, on the Bis; % Mly, I7c7, lhaI lhs
clause auihJrlzlng an execution o. he
force o. the whole against a deiluqu-u.
SJa!e came up Tor consideration. Nj.
Madison opposed IL IN brief, but power
fui speech, from which | shall extract bat
a single sentence. He o served:
The use OF ferce against State
would look more like a declaration OF
war than an inf -lion Of punishment, and