Randolph County journal. [volume] (Winchester, Randolph County, Ind.) 1855-1862, 1860-12-06

gress, but II has adopted efiectual means 20
restrain the States from interfering with their
exercise Tor that purpose. ~ has IN strong
prohibtory language expressly declared that
no State shall enter into any treaty, alliance
or confederation, grant letters Of marque and
reprisal, coin money, emit bills OF credit, make
anything but gold and silver coin a tender ia
payment OF debts, pass any bill Of attainder,
ex post facto law, or laws impairing the obliga-
ton Of contracts Moreover. without the con-
sent Of Congress, no State shall lay any i'm
posts or duties on any imports or exports, ex-
cept what may be absolutely necessary for
executing its inspection laws, and IL they ex-
coed this a mount the excuses shall belong
10 the United States, and no State shall, with
out the consent Of Congress, lay any duty Of
tcnage, keep troops or ships OF war IN time
Of peace, enter into any agreement or COM
pact with another State with a foreign
power, or engage in war, unless actually in
vaded, or in such imminent danger az will
not admit Of delay. In order still further 20
secure the uninterrupted exercise Of these
high powers against State interpositlon, II is
provided that the Constitution and the laws
Of the United States which shall be made in
pursuance thereof, and all treaties made, or
which shall be made under the authority Of
the United States shall be the supreme law Of
the land, and the Judges in every State shall
be bound thereby, anything in the Constitu-
tion OF laws Of any State TO the contrary not
withstandng.
The solemn sanction OF religion has been
superadded 10 the obligations Of official duty,
and all Senators and Representatives of the
/ United States, all members Of the State Legis-
latures, and all Executive and Judicial officers,
both Of the United States and Of the several
States, shall be bound by oath or affirmation
TO support this Constitution. In order 10 carry
into effect these laws the Constitution has
tablshed perfect Government in all its forms,
legislative, executive and judicial, and this
Government, 70 the extent Of its powers, acts
directly upon the individual citizens of every
State and executes its own DEGREES by the agen-
CIV Of its officers. In this respect il differs
entirely from the Government under the old
confederation which was confined 10 making
acquisitions on the States in their sovereign
character. This left ii in the discretion of each
whether to obey or TO refuse, and they often
declined to comply with such acquisitions. 1t
thus became necessary, for the purpose OF re-
moving this barrier, and in order TO form more
perfect union, To establish government which
could act directly upon the people and 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 the Constitution,
and deriving its authority from the sovereign
people of each of the several States, has pre-
cisely the same right to exercise its power over
the people Of all these States, in the enumer-
ated cases that each one of them possesses over
subjects not delegated TO the United States
but reserved TO the States respectively, oryo
the people. To the extent of the delegated
powers, the Court of the United States is n.
much part Of the Court Of each State, and is
as binding upon its people, az though il had
been textually inserted therein. This Govern:
ment, therefore, is great and powerful Gov
eminent, invested with all the attributes and
sovereignty Of the special subjects 10 which its
authority extends. Its trainers never intend.
ed TO implant in its bosom the seeds Of its own
destruction, nor were they, at ts creation,
guilty OF the abeurdity of providing for its own
dissolution. IL was not intended by its trainers
TO be the bsselees fabric of a vision which, Mt
the touch of the enchanter, would vanish into
the air; but substantial and mighty fabric,
capable of resisting the slow decay Of time, and
OF defying tho storms OF ages.
Indeed, well may jealous patriots Of that
day have indulged fears that q Government
of such high powers mi ght violate the reserv-
&c rights of the States; and wisely did they
adopt the rule OF n strict construction Of these
powers, TO prevent the danger; but they did
not fear, nor had they any reason 10 imagine,
that the Constitution would ever be so inter
pretcd az 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. II may be asked,
then, are the people of the States without re-
dress against the tyranny and oppression Of
right Of resistance on the part of the governed
against the oppression OF their Governments
cannot be denied; IL exists independent Of all
Constitutions, and has been exercised nj all
periods of the worlds history. Under il old
Governments have been destroyed and under
II new ones have been replaced. IL is embod-
led in strong and express language in our own
Declaration Of independence; but the define
tion must ever be observed that this is revo-
luton against an established Government, and
not voluntary secession from il by virtue Of
an inherent Constitutional right. In short,
let us look he danger fairly in the face. Sc
cessiOn ~ nothing more nor less than revolu-
ton. II may may not be justifable revo-
luton, but still il il revolution. What, in the
meantime, IL the responsibility and true posi-
tion of the Executive, who is bound bv solemn
oath before God and the country TO take care
that the laws be faithfully executed. From
this obligation he canno be absolved by any
human power But what if the performance
Of this duty, in whole or in part, has been
rendered mpractcable by events over which
he could have exercised no control? Such, at
the present, ia the case throughout the State
of South Carolina. So far the laws of the
United States TO secure the administration of
Justice by means Of the Federal Judiciary are
concerned, all the Federal officers within its
limits, through whose agency alone these laws
can be carried into execution, have already
resigned. We have no longer District Judge,
or q District Attorney in South Carolina. In
fact the whole machinery Of the Federal Gov
eminent necessary for the distribution Of rem
edal justice among the people, has been de-
molished, and il would be difficult if not i'm
possible to replace il. The only acts of Con-
gress on the statute book bearing upon this
subject are those Of the 18th February, 1875,
and the Sd March, 1907. These authorize the
President, after he shall have ascertained that
the marshal, with his posse commitatus is un-
any particular to call forth the militia
and employ the army and navy to aid him in
performing the service, having first, by pro-
clamation, commanded the insurgents to dis
perse and return peaceably TO their respective
abodes within limited time. This duty can
not Ivy possibility be performed in State
where no judicial authority exists to issue pro-
cess, and where there is no marshal TO execute,
and where even, il there were such On officer,
the entire population would constitute one SOL
Ill column 10 resist hlIa.
The bare resistance of these provisions
proves how inadequate they are, without fur
ther legislation, TO overcome united opposi-
ton in a single State. not TO speak OF other
States who may place themselves in a similar
attitude Congress alone has the power TO
decide whether the present laws can or can
not be amended so as to carry out more effect
ually the objects of the Constitution. The
same insuperabe obstacles do not lie IN the
way of executing the laws for the collection of
the customs. The revenue still continues to
be collected az heretofore at the Custom House
in Charleston; and should the Collector unfor-
tunately resign, a successor may be appointed
10 perform this duty. Then, in regard to the
property of the United States in South Caro-
lima, this has been purchased for fair equiv
alent by the consent of the Legislature OF the
State, for the erection OF forts, magazines,
arsenals. &c. and over these the authority to
10 beCn