Cedar Falls gazette. [volume] (Cedar Falls, Iowa) 1860-1895, 1860-12-14

than revolution. 1t may or it may not he
ustifiable revolution, but still it is revolution
What, in the meantime, is the responsibility
and true position Of the Executive, bound by
solemn oa:hs before God and the country to
see that the laws be faithfully executed p
| From this obligation he can not be absolyed
by any human power. But what if the per-
Torrance of this duty, in whole or in part,
has been rendered impracticable by events
over which he could have exercised no con.
troll? Such at the present moment is the
case throughout the State of South Carolina.
So far as the laws of the United States to Sc
cure the administration of justice by means
of the Federal Judiciary is concerned, all the
Federal officers within its limits through
whose agency those laws can be carried into
execution, have already resigned. We have
no longer District Judge, or District At
torney, in South Carolina. In fact, the whole
machinery of the Federal Government. neces-
sary for the distribution of remedial Justice
among the people, has been demolished, and
it would be useless, if not impossible, to re-
place it. The only acts Of Congress on the
statute book bearing upon the subject, are
those of the 2Sth Feb, 1895, and Sd March,
1907. These authorize the President after
he shall have ascertaincd that the Marshal
with his posse ccmitatus is unable to execute
cival or criminal process in any particular
case, to call forth the Militia, and employ the
army and navy to aid him in performing the
service; having first by proclamation, com
manded the insurgents to dispense and re-
turn peaceably to their respective abodes
within a limited length of time. This duty
cannot, by any possibility, be performed in a
State where no judicial authority exists to is
sue process, and where there is no Marshal
to execute, and where, even If there were such
an officer, the entire population would COM
bine in one solid column to resist him.
The mere resistance of these provisions
proves how inadequate they are, without fur
ther Legislation, to overcome a united oppo-
stion in single State, not to speak of other
States who may place themselves in SINH
lar attitude. Congress alone has power to
decide whether the present laws cannot be
amended so as to carry out more effectually
the objects of che Constitution. The same
insuperable objects do not lie in the way Of
executing the laws for the collections of the
customs. The revenue still continues to be
collected as heretofore at the Custom House
in Charleston, and should the collector un-
fortunately resign, any successor may be ap-
pointed to performe this duty. Then in re-
gard to the property of the United States in
South Carolina, this has been purchased for
fair equivalent, by the consent of the Leg
islature of the State, for the erection of Forts
Magazines, Arsenels, &c., and over these the
authority TO exercise exclusive Legislation has
been expressly granted by the Court of Con-
gress 1t is not believed that any attempt
will be made to expell the United States from
this property by force; but if in this should
prove to be mistaken. the officer in command
of the Forts has received orders to act strictly
on the defensive. I'm such contingency, the
responsibility for consequences would right
fully rest upon the heads of the assailants.
Apart from the execution of the laws, SO far
as this may be practicable, the Executive has
no authority to decide what shall be the rea-
tons between the Federal Government and
South Carolina He has been invested with
no such discretion. He possesses no porcr
to change the relations heretofore existing
between them, much less to acknowledge the
to invest mere Executive officer with the
power Of recognizing the dissolution of the
Confederacy among our thirty three Sover-
eign States. 1t has no resemblance to the
recognition of a foreign de,tacto government
involving no such responsibility; any attempt
to do this would on his part be naked act
of usurpation. 1t is, therefore, my duty to
submit to Congress the whole question in all
its bearings. The couse of events is so rap
idly fastened forward that the emergency
may arrive when You may be called upon to
decide the momentous question whether you
possess the power, by force of arms, to COM
pei State to remain in the Union. should
feel myself recreant to my duty were not to
express my opinion on this important subject
The question fairly stated is: Has the Con-
stituton delegated to Congress the power to
force State into submission which lis attempt
ing to withdraw, or has actually withdrawn
from the Confedcracy? If answered in the
it must be on the principle that
the power has been conferred upon Congress
to declare and make war against State.
After much serious reflection have arriv
ed to the conclusion that 10 such power has
been delegated to Congress or to any other
department of the Federal Government 1t
is manifest, upon an inspection of the Consti-
tuition, that this is not among the specific and
enumerated powers granted to Congress, and
it is equally apparent that its exercise is not
necessary and proper for carryingi into execu-
ton any one Of these powers. So far from
this power having been delegated to Congress
it was expressly refused by the Convention
which framed the Constitution.
1t appears from the proceedings of that
body, on the 3lst May, 1887, that the clause
authorizing an execution of the force of the
whole against delinquent State came up for
consideration. Mr. Madison opposed it in a
brief, but powerful speech, from which shall
extract but single sentence. He observed :
The use of force against State would
look more like declaration of war than an
intliction of punishment, and would probably
be considered by the party attacked as dis
solution of all previous compacts by which it
might be bound" -m#
Upon his motion the clause was unani-
mously postponed, and was never, believe,
again presented.
Soon after, on the 9Th of June, 1918, when
incidentally adverting to this subject, he said /:
"Any Government for the United States,
formed on the supposed practicability of
using force against the unconstitutional pro-
ceedings Of the States. would prove svision-
ary and fallacious as the Government Of Con-
gress,n evidently meaning the then existing
Congress of the old Confederation. Without
descending to particulars, it may be safely
asserted that the power to make war against
A State is at variance with the whole spirit