Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-12-13

under the authority of the United States shall be the
law of the land and the Judges in every State
shal oe bcund thereby, anything in the Constitution or
a"S VI any state to the contrary Notwithstanding"
me solemn sanction OF religion has been superadded
10 tne Obligations Of official duty and all senators and
representatives. Of the United States all members of
State legislatures and all executive and judicial officers
pom OF the United States and of the several States
Constitution"
In order to carry into effect these powers, the Cons
tuuon has established perfect Government in all its
forms, Legislative, Executive and Judicial and this
Government, to the extent of its powers acts directly
upon the individual citizens OF every State ana executes
us own DEGREES by the agency of its own officers In
this respect it differs entirely from the government nm
der jhe Old confederation, which couinei to making
acquisitions on the States in their sovereign character
This lett it in the discretion of each whittier to obey or
TO refuse, and they often declined to comply with such
requlsoDs. Il thus became necessary tor the purpose
OF removing this barrier and order form more
perfect Union,' to establish government which could
act directly upon the people, and execute its own laws
without the Intermediate agency OF the States This
has been accomplished by the Constitution Of the United
St,tos
In short, The government created by the Constitution,
and deriving its authority from the sovereign people of
each Of the several States has precisely the same right
tc exercise lis power the people of all these
States, IN the enumerated cases. that each one of them
possesses subjects not delegated to the United
States, but deserved TO tie States respectively Or to
the people"
10 the extent Of the delegated powers the Constitu
ton OF the United States is much part of the Con-
sttutlon OF each State, and is binding upon its peo
pie, as though it had been texualy inserted therein
lhlS Government, therefore, a great and powerful
Government, invested with all the attributes of soypr
eighty The special subjects to which it's authority
extends Its trainers never intended to implant in its
bosom the seeds of its own distinctions nor were thew
Off
OWE dissolution 1t not intended by its trainers to
be the baseess fabric of vision which, at the touch of
the enchanter, would vanish into thin air. but ubsan-
al and mighty fabric capable of resisting the slow de-
cay OF time and of deyng the storms of ages Indeed
well may the jealous patriots Of that day have INDUCED
fears that government Of such high powers might vo-
late the reserved rights of the States and wisely did they
adopt the rule of strict construction of these powers to
prevent the danger But they did not fear had they
any reason to imagine, that the Constitution would
be so interpreted to enable any State by her own act
and without the of her sister States to discharge
her people from all any Of their Federal obligations
1t may be asked, then are the people of the States
without redress against the tyranny and oppression OF
the Federal Government By no means The right
of resistance on the part Of the governed against the
preston OF their governments cannot be denied. 1t
lists independently of all constitutions and has been ex-
ercsed at all periods of the worlds history Under it
old governments have been destroyed and have
taken their place. 1t is embodied in strong and express
language in own Declaration Of independence But
the distinction must be observed that this is revo-
luton against an established Government and not "a
voluntary secession from it by virtue of inherent
stitutonal right In short let look the danger fairly
in the face: Secession is neither nor less than revO
luton. 1t may Grit may not be ustifable revolution
but still it is revolution.
What in the meantime is the RESPONSE
bilty and true position of the Executive. He
is bound by solemn oath, before God and the coun
try to take care that the laws be faithfully executed
and from this obligation be cannot be absolved by any
human power But what if the performance of this duty in
whole III part has been rendered impracticable by
events over which he could have exercised no control
Such at the present moment is the throughout the
State of s. Carolina, far the laws of the u States
to the administration OF justice by of The
Federal judiciary are concerned.
All the federal officers within its limits through whose
agency alone these laws be carried into execution
have already resigned
We no longer have district iudgea district attorney
or marshal in South Carolina in fact, the whole ma
chnery OF the Federal Goytnm NJ necessary for the dis
tribuon Of remedial Justice among the people, has beer
demolished and it would be difficult, if not impossible
to replace it.
The only acts of Congress the statute book, bear
ing upon this subject, are those Of the twentyeigt
February, 1896. and 81 March, 1907 ; these anthoriz
the President after he shall have ascertained that tn
Marshal, with his posse GtuS, Is unable to eXa
cute civil criminal process in any particular case,
call forth the militia aud employ the army and navy to al
him in performing this service, having first, by procia
peaceabIY to their respective abOdes within Limited
time This duty cannot by possibility be performed i
State where judicial authority exists to issue pre-
cess and where there is Marshall to execute it,
where even if there such officer, the entire pop
ulaton would constitute solid combination to re
sist him.
The bare enumeration OF hes provisions proves hoy
Inadequate they are without further legislation to ove
come united opposition in single State, not to spea
of other States who may place themselves IN smlla
attitude Congress alone has power to decide Whethe
the present laws cannot be amended SO as to ca
~ out more eectualy the objects of the Constitution
The same insuperabe obstacles do not lie
3 the way of executing tie laws for the collection
the customs The revenue still continues to be coecte
as heretofore at the custom house in Charleston; at
should the Collector unfortunately resign, success
may be appointed to perform this duty:
e In regard to tie property of the United States
e South Carolina This has been purchased for
fair equivalent, by the consent OF the Legislature
the State for the erection Of forts Magazines arsenas
&c. and over these the authority to exercise excusl
legislation has been expressly granted by the Constit
al ton to Congress.
r 1t is not believed that any attempt will be made
expel the United States from this property by fort
ii but il in this should prove to be mistaken, the
1t 6cer in command of the forts has received ordt
of to act strictly on the defensive. In such cont
gency the responsibility for consequences would rg
st fully rest upon the heads of the assailants Apart ir
u the execution of the laws, far this may be PR
a. ticab!e the Executive has authority to dec
or what shall be the relations between the Federal Cove
e ment and South Carolina He has been invested W
lis no such discretion he possesses no power to char
the relations heretofore existing bet|een them, mt
S. less to acknowledge the independence of that State
,r This would be to invest mere Executive OH
ct with the power of recognizing the dissolution of
ge Conederacy among thirtythree sovereign States
Mt It bears DO resemblance to the recognition of fore