Spirit of the age. [volume] (Raleigh, N.C.) 1849-1865, 1860-12-12

$3.50 " III wv
ment? By no means. The right of resis-
lance on the part of the governed, against
the oppression of their governments, cannot
be denied. It exists Independently of all
constitutions, and has been exercised at all
periods of the worlds history. Under it old
governments have been destroyed and new
ones have taken their place. 1t is embodied
in strong and express language in our own
Declaration of Independence. But the dis
tinction must ever be observed, that this isa
revolution against an established Govern
ment, n not a voluntary sece sion rom 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 it may not be a justi-
fable revolution, but still it is revolution.
What, in the mean time, is the response
bility and true position of the Executive?
He is bound by solemn oath before God and
the country, ito take care that the laws be
faithfully executed" and from.this obligation
he cannot be absolved by any human power.
But what if the performance of this duty, in
whole or in part, has been rendered imprac-
ticable by events over which he could have
exercised no control Such, at the present
moment, Is the case throughout the State of
South Carolina. so far as the laws of the
United States, to secure the administration
of Justice by means OF the Federal Judiciary,
are concerned. All the Federal officers with
in its limits, through whose agency alone
these laws can be carried into execution,
have already resigned. We no longer have
a district Judge, a district attorney, or a mar
shall, in South Carolina. In fact, the whole
E machinery of the Federal Government, ne
f cessary for the distribution of remedial JUS
f tice among the people, has been demolished,
! and it would be difficult, if not impossible, to
5 replace it.
5 The only acts of Congress on the statute
/ book, bearing upon this subject, are those OF
: the 26th February, 1876, and Sd March,
1907. These authorize the President, after
: he shall have ascertained that the marshal
S with his posse coDaitatuS is unable tie execute
a 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
service, having first by Proclamation COM
manded the insurgents ito dispense and re-
&c tire peaceably to their respective abodes,
a. within a limited time" This duty cannot
Y by possibility be performed in State where
t. no judicial authority exists to issue process,
t. and where there is no marshal to execute it,
&c and where, even if there were such an Off
n Ger, the entire population would constitute
I'd one solid combination to resist him.
es The bare enumeration of these provisions
II proves now llaueQudte tiicy are Wltl1OuC iuI-
he ther legislation to overcome a united opposi.
he ton in a single State, not to speak of other
tn States who may place themselves in a similar
al attitude. Congress alone has power to de
he eide whether the present laws can or canno'
ed be amended so as to carry out more etfectu
to ally the objects of the Constitution.
ct, The same insuperable obstacles do not lie
ay in the way of executing the laws for the col
on lection of the customs. The revenue still
Ter continues to be collected, as heretofore, q
the custom-house in Charleston and shoul'
red the collector unfortunately resign, a sue
has cessor may be appointed to perform thi
ties duty.
7or Then in regard to the property of the Tn
Dry ted States in South Carolina. This has bee
ate purchased for a fair equivalent, by the cor
on sent of the Legislature of the State for ii
re- erection of forts, magazines, arsenals,' &c
ike and over these the authority to exercise e.
der elusive legislation has been expressly graz
lin ted by the Constitution to Congress. 1t
the not believed that any attempt will be mao
it'll to expel the United States from this prope
aall ty by force but if in this | should prove
or be mistaken, the officer in command of Il
nA forts has received orlers to act strictly o
S - the defensive. In such a contingency, I'll
responsibility for consequences would RICH
fully rest upon the heads of the assai!ants.
5CIlI 4 IA HUN Xix u " ItIC laws,
.eep far as this may be practicable, the Execute
zee has no authority to decide what shall be Il
With relations between the federal government al
. or South Carolina. He has been invested wi
or no such discretion. He possesses no DO
er to change the relations heretofore exist
between them, much less to acknowled
min the independence of that State. This wou
vers be to invest a mere Executive officer wi
ided the power of recognizing the dissolution
the the Confederacy among our thirty three Sc
lrsu- ereign States. 1t bears no resemblance
hich the recognition of a foreign de tacto COVE
the ment, involving no such responsibility. A
of attempt to do this would, on MS part, b.
shall naked act OF usurpatlon. 1t Is, thereto
;titu- my duty to submit to Congress the VIII
not question in all its bearings. The course
events is so rapidly Fastening forward, Il
been the emergency may soon arise, when J
lnty. may be called upon to decide the momento
the question whether you possess the power,
risla- force of arms, to compel a State to remain
GERS. the Union. / should feel myself ~recreant
sevc- my duty were | not to express an opinion
irma- this important subject.
The question fairly stated is: Has
vers. Constitution delegated to Congress the p
erfect er to coerce a State INTO SUBMISSION Whlcf
J, Ex- attempting to Withdraw or has actually W
nent drawn from the Confederacy If answc
v M in the affirmative, it must be on the princi
and that the power has been conferred on c
of gress TO declare ana MAKE war again
;ffers State. After much serious reflection [ b
q old arrived at the conel ision that no such pc
max. has been delegated to Congress, or to
,over- other department of the Federal Gov,
ment. 1t is manifest, upon an inspection
and the Constitution, that thisi is not among
ch re- specific and enumerated powers granted
Or the Congress and it is equally apparent tina
1 sn exercise is not necessary and proper for
to es- rying into execution any one of these |
,ct d. ers. SO far from this power having
5 own delegated to Congress, it was expressly
of thc fused by the convention which framed
w the Constitution.
1t appears, from the proceedings of
" the body, that on the 31st of May, 1887,
2 from clause, authorizing an ~exertion of the
everal OF the Whole against delinquent d
exer- came up for consideration-Mr. Madison
these posed it in a brief but powerful speech,
each which | shall extract but a single sentt
dele He observed: The use of force again
red ia State would look more like a declaratio
peo- war than an i~nfiction of punishment
would probably be considered by the
attacked as a dissolution of all previous
?, .nI pacts by which it might be bound
nuo n this motion the clause was unanimt
ugh it pnospntad Soon ofterwsrds on the
June, 1887, when incidentally advertin
and the subject, he said: ANY Cover nmen