The Van Buren press., 1860-12-21

50 ~ioV fCsSSSsCS tuc cACluSINc TfSut
to levy and collect all import duties aud
other taxes, and has adopted eiIectual means
to restrain the States from interfering.
In order. still further to secure the I'm
interrupted exercise of these high powers
against State interposition, it is provided
that this Constitution, and the laws of the
United States which shall be made in pur-
suance thereof, and all treaties which shall
DC made under the authority of the United
States. shall be the supreme law of the
land, and the judges in every State shall
he bound thereby. anything IN the Consti-
tuition or laws OF any State or Territory
notwithstanding. The Gov.enment, GREAT
CD BY the Constitution and deriving its au-
thority from the sovereign pco2ls of each
the several States, has precisely the sAsne
right to exercise its power over the people
OF all these States in the enumerated cases
which each one of them possesses over sub
lects not delegated to the United States. bu.
reserved to the States respectively or to the
people to the extent of the delegated pow
ers. The Constitution of the United States
Is as much a part Of the Constitution of
each State, and is as binding on its people
as though it had been textuaily inserted
therein.
9" Tins Governmrnt, therefore, is a great
ana powerful Government, invested with
ali the attributes OF sovereignty over the
special subjects 10 which its authority cx-
tends. 1t may be asked, then, aya the peo-
pie OF a State then without re lress against
the tyranny and oppression Of tn, Federa
Government BY no means. Th, right
OF resistance on the part of the governed
against the oppression of the governors,
cannot be denied. 1t exists Independently
of constitutions and has becn exercised ut
all periods Of the worlds history but the
distinction must DO observed that this is
revolution against an established Govern
ment, not voluntary secession from it by
virtue OF an inherent constitutional right
In short. let Us look the danger fairly in the
face secession is neither more nor less
than revolution. 1t may or may not be
JGstliia5ie evolution, but still it is rev
olution.
What, in the meantime, is the response
bllity and true position OF the Executive :?
lie l. bound to take care that the laws be
faithfully executed, and from this ob!iga-
tion he cannot be a5solvei 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 40 control :?
Such at the present moment is the case
throughout the State of South Carolina
50 tar AS the laws of the Unitel States to
secure the administration Of Justice by
means OF the Federal judiciary are concer-
ned. The Federal officers within its limits
and thr2ugh whose agency alone these SIS
can be carried into execution, have already
resigned. We no longer have District
Attorney. or Msrshal in South Carolina.
In fact the whole machinery of the Federal
Government necessary for the distribution
OF remedial Justice among the people has
been demolished, and 1t would be difficult,
If not impossible. to replace it,
The only acts o! Congress on the stat
ute book, bearing on this subject, are those
OF the 2Sth OF February. 1895, and the
81 of March, 1907. These authorize the
President after he shall have ascertain
ed that the Marshal with his posse com;fa-
fus, Is unable to execute civil or criminal
process IN any particular case, to call forth
the militia and employ the army and navy
to aid him il. performing this service, hav-
ing first, by proclamation, commanded the
insurgents to Jlsperse and retire paaceablv
to their respective aboIcs within limited
time. This duty cannot by any possibil.
ity be performed in state where no iudic-
iai authority exists to issue process where
there is no Marshal to execute, and where
even if there were such an officer, the en-
tire population would constitute n solid
com bination to resist him. Congress alone
has power to decide whether the present
laws can or cannot be amended So "a to
carry out more ellectually the objects OF the
Constitution. The revenue still contin-
ues to be collected as heretofore, AZ the
Custom House, at Charleston, and should
the collector unfortunately resign, success
sor may be appointed to perform this duty.
1t is not believed that any attem pit will
be made to .expel the United States from
its property there by force but if this should
prove u mistake, the Off GERS in command OF
the forts have received orler TO act strict
ly on the defensive. In such a contingen-
cy, the responsibility for consequences
would riShtiulIy rest upon the heads OF
the assallants.
In reference to recognizing a scceoding
State. he says, g. it would be an act OF max
ell usurpation on his part, anl it is his duty
to submit to Congress the W hole question
in all its bearings.
" The probability OF any emergency
soon arising when Congress will be calici
On to decide the question whether it poses
ses power to compel STATE to remain in
the Union, authorizes him to exprcs. III.
opinion that no such power ha, been dsie.
gaiel to Congress. or any other depart.
ment OF the Federal Goveram mt IL i,
manifest that this Is not among tin, specli
anl enumerated powers granted to Con
sre,s, AMI 1t Is equally apparent that it,
exercise Is not necessary AMI proper 70,
carrying into execution any one OF thest
! powers.
The President declares that to make wal
upon State " is at variance with the Con
stitu,ion, and after having conquered
how are we to govern in it? We coul,
NOT govern it by despo:ic power, or b,
physical force compel its people to elec
Senators and Representatives and perform
all other duties appcrtaininS to an indie.
pendent State. The fact that our UnioI
rests upon public opinion. and can ncvc
be cemented by the blood of its citizen
shed in civil war. If it cannot live in tn
affections of the people. it must one da
perish. Congress possesses many means q
preserving it by Cancellation, but the swor
is not placed in their hands to preserve
nv for q Hnt NAV [ be narm;f. :,