The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-12-14

officers within its limits, through whose
agency alone those laws can be carried into
execution, have already resigned. We have
/ no longer District Judge, or District At
torney 10 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 be difficult, if not inn
possible, to replace it. The only acts of
Congress on the statnte book bearing upon
this subject, are those Of the 28th Of Feb.
ruary, 1875, and Bird Of March, 1907
These authorize the President, after he shall
have ascertained that the Marshal with his
posse comitatus 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
the service, having first, by proclamation,
commanded the insurgents to dispense and
return peaceably to their respective abodes
within limited time. This duty cannot,
by any possibility, be performed in State
where no judicial authority exists to issue
process, and where there is no Marshal to
execute, and where, even if there were such
an Office, 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
further legislation, to overcome a united
opposition in single state, not to speak of
other states who may place themselves in a
similar attitude. Congress alone has power
to decide whether the present laws cannot
be amended so as to carry out more efectu.
ally the objects of the Constitution. The
same insuperable obstacles do not lie in the
way of executing the laws for the collection
OF customs. The revenue still continues to
be collected as heretofore at the Custom
House in Charleston, and should the Col.
lector unfortunately resign, successor may
be appointed to perform this duty. Then
10 regard to the property of the United
States in South Carolina, this has been pur.
chased for fair equivalent, by the consent
of the Legislature of the State, for the
erection OF forts, magazines, arsenals, &c.,
and over these the authority to exercise
exclusive legislation has been expressly
granted by the State to Congress. 1t is
not believed that any attempt will be made
to expel the United States from this prop
erty by force; but if in this should prove
to be mistaken, the officer in the command
of the forts has received orders to act
strictly on the defensive. In such contin-
gency, the responsibility for consequences
would rightfully rest upon the heads of the
assailants.
Apart from the execution of the laws, 80
far as this may be practicable, the Execu~
tive has no authority to decide what shall
be the relations between the federal gov
eminent and South Carolina. He has been
invested with no such discretion. He pos
sesses no power to change the relations
heretofore existing between them, much less
to acknowledge the independence of that
state. This would be to invest mere ex-
ecutive officer with the power of RECOGNIZES
ing the dissolution of the confederacy among
our thirty three sovereign states. It has
no resemblance to the reorganization of for
eign de facto 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 Con-
gress the whole question 10 all its bearings.
The course of events is so rapidly fastening
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 compel a
state to remain in the Union. / should
feel myself recreant to my duty were to
express an opinion on the important subject.
The question fairly stated is: Has the
constitution delegated to Congress the pow
er to force state into submission which is
attempting to withdraw, or has actually
withdrawn from the confederacy If an.
swered in the affirmative, it must be on the
principle that the power has been conferred
upon Congress to declare and to make war
against state. 81 ~cf a... -Lt
After much serious reflection, / have
arrived at the conclusion that no such
power has been delegated to Congress or to
any other department of the Federal Gov
eminent. 1t is manifest, upon an inspection
of the Constitution, 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
carrying into execution any one of these
powers. So far from this power having
been delegated to Congress, it was express
ly refused by the Convention which framed
the Constitution. Itappears from the pro.
ceedings of that body, on the 3lst OF May,
l7S7, that the clause authorizing an execu.
ton of the force of the whole against a
delinquent State came up for consideration.
Mr.. Madison opposed it in brief, but
powerful speech, from which shall extract
but single sentence. He observed, J" the
use OF force against a state would look
more like declaration of war than an in.
Fiction of punishment, and would probably
be considered by the party attacked, as a
dissolution of all previous compacts by
which it might be bound" p
Upon his motion the clause was unani.
mously postponed, and was never, believe,
again presented. o.'.. .....
Soon after, on the 9Th of June, 1887
when incidentally adverting to this sub
ject, he said: "Any government for the
United States, formed on the supposed
practicability of using force against the un-
constitutional proceedings Of the States,
would prove as visionary and fallacious as
the government of Congress-" 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 State is
atvariance with the whole spirit and intent
of the Constitution. Suppose such war