Red Wing sentinel., 1860-12-12

uninterrupted exercise os Sheeo hl6h pOWer8
against state eAactments, The laws Of the
United Sta.ss, which shall b. nads in pur-
suance Of the Constitution, aud all treaties
made or which shall b made under the au.
thority Of The United States shall 10 made
the tnpreme laws ofths land; and the Judg:
cs ln' every Court, shall b boull thereby,
anything IN the constitution or, laws Of any
state or territory Notwithstanding. The
government created BY the constitution, and
deriving its authority from the sovereign
people of each Of tho several states, has
precisely the same right to exercise its power
over the people Of al states, in the enuner.
over subjects not delegated to the United
States, but reserved to the states respectively
or to tho people. 10 the extent Of tho del.
esatcd powers, the constitution Of the Uni
ted States is as much part Of the constitu.
ton of each state, and is as binding on its
people As though it had been texually inser.
ted therein. This government, therefore, is
great and powerful government, invested
with all the attrii utes Of sovereignty over.
tho special subjects to which its authority
extends. =. .. .... --.....,.. -.
1t may be asked, then, arc the people Of
the States without redress against the ty-
fanny and oppression 0: the general govern.
mcnt? BY no means. Tho right OF resist
ancc on the part Of the governed against
the oppression Of tho government cannot be
denied. It exists Independently of all con.
stitu,ions, and has been exercised at all
periods Of the worlds history. But this
distinction must ever observed, be that this
is revolution against an established govern
mcnt, and not voluntary secession from it
by virtue Of an inherent constitutional
right. In short, let US look the danger
fairly in tho face. Secession is neither
more not less than revolution. 1t may or
it may not be justifable revolution but
still il is revolution.
What in the meantime is the responsi.
bi!ity and the position of the Executive? He
is bound to take care that the law be faith
fully executed, and from this obligation no
cannot be absolyed by any human power.
But what il the performance Of this duty in
whole or in part has been rendered imprac.
ticablo BY events over which he could have
exercised no control? Such at the present
moment is the case, throughout the State Of
South Carolins, SO far as tho laws Of the
United States, to secure the administration
|of justice by means Of the federal judiciary,
are concerned. All tho federal officers with
in its limits, through whose agency alone
those laws can be carried into execution,
have already resigned. We no longer have
a District Judge, a District Attorney or 4
Marshal in South Carolina. In fact. the
whole machinery Of the federal government,
necessary for the distribution Of remedial
justice among the people, has been demol-
ished, and it would lie difficult, if not i'm
possible, to replace it.
The only acts Of Congress on the statute
books, bearing on this subject, are those OF
February 29th, 1895, and March Sd, 1907.
These authorize the President after hc shall
have ascerta,ned the Marshal, with his
posse conaitatus, 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 in performing this ser.
vice; having first, BY proclamation, com.
manded the insurgents to disperss and retire
[peaceably to their respective sbodes within
. limited time. 't''D s:.-' - IT,
This duty cannot, BY asy possibility, Be
tpsrtormed in . Ssase whore no judicial
[authority exists 70 issas process, and who're
there - no 1asshal o. execute it. and
where, even IL thess w6es sueA an emcer.
the entire populasioa would constitute one
solid combinatioa % resist him. Congress
alons has power 70 decide whether The pres.
snt law cannot b ainendsd % - to carry
e.t more sasetaaily u. ea5J.ets - th.' eea-
lstitutiou. .. M ,..-'' .'iiA sii'5'1i'sl y
The ssysnue ssill eoutinuss 70 b. col.
llected - hssstssbre q NJ custom kouse q
Charleston, and should ~ collector resign,
: eucesssor may b. aPpeiated 70 perform
this duty. .rojsau ai,.5i targ .~oH} .s.
1t Is not believed that a,y attempt will
be made 70 impsl The United States from its
property there By forces; but il in this
should prove 70 30 mistaken, tho officers in
command Of the forts have received orders
to act strictly on the defence, In such 4
contingency the responsibility for consc.
quen.es would righsiully rest upon the head.
0: tho assailants. - - ~ tr.' :
in reference to recognizing seeding
State as an independent government BY the
President, hs says it would be naked act
|of usurpation on his part, and it 10 his duty
to submit to Congress tho whole question,
in al its bearings.
The probability Of On emergency soon
arising when Congress will bs called on t o
decide the question whether il possesses
r..-. ~ ~~'.sP~a oses0 50 ss1ldiu lu Iilu
Union, authorizes him to express the opinion
that no such power has been delegated to
Congress, OF to any other department Of
the federal government. Il Is manifest that
there is not among tho specific and enumer-
ated powers granted 70 Congress, and it is
equally apparent that its exercise is not
necessary and proper to carrying into exc.
cution any one Of these powers. The Presi.
dent declares that, to make war upon q
State, is At variance with the spirit of the
Constitution.
After having conquered State, how arc
we to govern it? We could not govern by
despotic power, nor could we by physical
force compel its people to elect . senator
and representatives, and all other duties ap-
pertaining to a independent State. The
fact is that our Union rests upon public
opinion, and can never be ccmented BY the
blood Of its citizens shed in civil war. IL il
cannot live IN the affections of the people, il
must orc day perish. - <
. The President invokeS his comtrymen to
pause before attempting % destroy the
Union, which has conferred SO many bsne.
f'ts. He argues that Congress- can do
much tn restore yeaeo. nrorcc;,,r .,xl ..