Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1860-12-06
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States, and wisely did they adopt the rule
Of q strict construction of these powers 10
prevent the dangerl But they did not
fear, nor had they any reason 70 Imagine,
that the Constitution would ever be so in.
terpreted as to enable any State, by her
own act, and without the consent of her
sister States, 10 discharge her people from
all or my Of their federal obligations.
Il 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 oppression Of their govern.
ments cannot be denied. 1t exists indie.
pendently of all Constitutions, and has been
exercised at all periods Of the worlds his
tory. Under It's cid 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 distinction must
ever be observed, that this is revolution
against an established government, and
not voluntary secession from il by virtue
Of an adherent 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 net be
Justihable revolution, but still il is revo-
luton.
What, in the mean time, is the RESPONSE
bility and true position of the Executive2
tie is bound by solemn oath before God and
the country "to take care that the laws be
faithfully executed" and from this oblipa-
ton he cannot be absolved by any human
power, But what if the performance of
this duty, in whole or in part, has been rem
dered impraotioable BY events over which
he could have exercised no control2 Such.a
the present moment is the case throughout
the State of South Carolina, SO far as the
laws of the United States to secure the adj
mtnistration Of justice by means of the Fed
eral Judiciary are concerned. All the fed
eral officers within its limits, through whose
agency alone these laws can be carried into
execution, have already resigned. We no
longer have q District Judge, q District
Attorney or Marshal in South Carolina.
In fact, the whole machin cry of the Federal
government, necessary for the distribution
OF remedial justice among the people, has
been demolished; and it would be difficult
II not impossible, to replace it.
The only acts of Congress on the statute
book bearing Upon the subject, are those Of
18th February, 1895, and 3D. March. 1907.
These authorize the President, after he shall
have sscertained that the Marshal with his
posse commitatus, 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 perform
ing this service, having first, by proclama
ton commanded the insurgents i'to dis.
perse and retire peeceably to their respect
i've abodes, within, "a limited time.p This
duty cannot by possibility be performed in
State where no judicial authority exists
to issue process, and where there is no Mar
shal to execute it, and where, even if there
were such AN officer, the entire population
would constitute one solid combination TO
resist him.
The bare enumeration of these provis-
ions proves how inadequate they are with
out further legislation 10 overcome united
opposition in single State, not 10 speak of
other States who may place themselves in
similar attitude. Congress alone has pow.
er to decide whether the present laws can
or cannot be amended 30 as To Garry out
more etfectually the objects of the constitu-
ton.
The same insuperbable obstacles do not
lie In the way of executing the laws for the
collection of the Customs The revenue
still continues to be collected, as heretofore,
at the Custom House in Charleston, and
should the collector unfortunately resign, a
successor may be appointed 10 perform this
duty. .t,.
Then, In regard to the property of the
United States in South Carolina. This has
been purchased tor fair equivalent "by
the consent Of the Legislature of the State,I
'tor the erection Of forts, magazines, arse
nails, 90, and over these the authority "to
exercise exclusive legislation has been
expressly granted by the Constitution to
Congress. 1t is not believed thu any at
tempt Will be made 10 expel the United
states fran this property by force; but If
In TINS should prove TO be mistaken, the
oheer in command Of the forts has received
orders to act strictly on the defensive. In
such contingency, the responsibility for
consequences would rightiully rest upon
the heads of the assailants.. -.
Apart from the execution of the laws, 80
far as this may be practicable, the Exeeu-
tive has NO authority to decide what shall
be the relations between the Federal Gov
ernment.and South Carolina. He has been
invested with no such discretion. He DOS
sesses no power to change the relations be-
tween them, much less to acknowledge the
independence Of that State. This would be
TO invest a mere Executive officer with the
power Of recognizing the dissolution of the
among our thirty-three sovsr-
eign States. r-r'.--.-I ID, .a--..
IL bears no resemblance to the recognition
of foreign de JSeto government involving
no such responsibility, Any attempt to do |
that would, on his part be naked act of
usurpation. II is, therefore, my duty TO
submit TO Congress the whole question in
all its bearings, The course of events is so
rapidly fastening forward, that the emer- |
gency may soon arrive, when you may be |
called upon 10 decide tho momentous ques- |
ton whether you possess the power, by |
force Of arms, TO compel State TO remain |
in the Union. should feel myself recre- |
ant to my duty were not 10 express an
opinion on this important subject.
The question fairly stated is Has the |
Constitution delegated to Congress the pow
er to eOerce State into submission which
is attempting to withdraw or has actually |
from the Confederaey2 If an |
swered in the affirmative, it must be on |
the principle that the power has been con-
ferred upon Congress TO declare and 10 |
make war against a State. After much |
serious reflection l have arriVeda at the CON
olusion that no such power has been dele. |
gated to Congress or TO any other depart
met of the Federal Government II is mani
Tested, upon an inspection of the Constitu4
lion, that this is not among the specific and
enumerated powers granted TO Congress;
and It is equally apparent that its exercise
% not necessary and proper for carrying
INTO execution" anyuon OF these powers.
so far from this power having been dele
gated to Congress, it was expressly refused
'y the Convention which framed the Con-
s mas