The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1860-12-14


bodied IN strong and express language in on
/ own Declaration of Independence But tn
distinction must ever be Observed, that this
revolution against an established Government
and not voluntary secession from 1t bv virln
OF an inherent constitutional right. In short
let Us look tue danger fairly IN the face Spces
SION IS neither more nor less than revoluti2n.-
IL may or It may rot be juSlidabIe revolution
but sill Il is revolution.
Wha, 10 the mean time, is the responsibility
and true position OF the Executive? He i.
p9lih95,;aRe care bat the VS. be- h - ihe coun-
ecuted," ana iIom this obIieal,,n ne cannot b.
a5soised by any human power. But what If
the performance OF this duty, in whole or 10
part, has been rendered mpraciicabe by events
over which he could have evrrciSed no control
Such, at the present moment, is the case through
out the State Of Sou h Carona, 50 far as the
laws OF The United States 10 SECURE the admins
tfation OF justice by means of the Federal judi
ciary are concerned. All the Federal officers
within its limits, through whose agency alone
these laws can b. MED into execution, have
already resigned. We no longer have dis
trIct jGdge, district attorney, or marshal, IN
South Carolina. In fact. the whole machinery
OF the Federal Government, necessary for The
distribution of remedial justice among the ppo-
pie, has been demolished and 1t would be diff
cult, il not impossible, to replace it.
The only acts OF Congress on the statute-book
beating upon this subject, are those of the 28th
February, l795, and 81 March, 1907. These
authorize The President, after he shall have as
ceflalned that the marshal with his posse conf
tatuS is unable to execute civil or criminal pro-
cess III any particular case, to call tofth the
mll!tia and employ the army aud navy 10 aid
him IN performing .hIs service, having first by
Proclamation commanded the insurgents f'io
disperse aud retire peaceably 10 their respective
abodeS, within limited time" This duty can
not 5r possibility bs performed in State where
no judicial authority exists to issue process, aud
where there IS no marshal to execute il and
where, even il there were such an officer, the
entire population would constitute one solid
combination TO resist him.
The bare enumeraiIon-of these provisions
proves how inadequate they are without further
l1gislaton 10 overcome united opposition in a
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 can or cannot be amended so as TO
carry OFT more rhec;ually the o3Jecis or tue
Conslitl ton.
The some insuperable obstacles do not lie in
the way of Executing The laws for the coIlec-
tion of the customs. The revenup still contn-
ues 10 be collected, as heretofore, at the custom
house IN Charleston and shonId the collector
unfortunately resign, successor may be ap-
pointed to perform this duty.
Then in regard 10 the property of the UnI-
ted States in South Carolina. This has been
purchased Tor fair equivalent shy the consent
OF the legislature OF the Slatr," 'sfor The erec-
ton OF io9ts, magazines, arse1aIS," SC, and
over these the authority ''jo exercise exclusive
legislation" has been expressly granted BIZ the
Constitution TO Congress. 1t is not believed
that any attempt will be made to expel the
Unred States from this property by force ; but
II IN thus should prove 10 be mIS aiken, the
officer IN command Of The fort has received or
deS 10 act strictly on the defensive. In such
a contingency, the responsibility for conse-
qu"nces would rightiuIiy rest upon the heads
OF the aSsaiianlS.
Apart from the execution OF ih laws, so far
as tins may be practicable, the Executive has
Il authority to decide what shall be the rr-
lationS between the frjeIsl government and
South Carolina. He has been invested with
no such discretion. He possesses no power TO
change the relations heretofore existing be-
tween them, much less 10 ack ledge the in
dependence of that State. This would be to
invest meTe Executive officer with The power
OF recognizing the dissolution of the Confsdera
cy among our lhi7ty-three sovereign States. Il
bears no resemblance to the recognition of
foreign de faciO government, involving no
such responsibility. Anv attempt to do this
would, on his past, be naked act Of usurTation.
Ii is, therefore, my duty 10 submit 10 Congress
the "iIoiS question in all It's BEARINGS. he
course OF events Is TdPiuIy nasIeniug for
ward, that the emergency may SION arise;
when you may BE- cailpa upon to decide the
momentouS question whether You possess the
power, by force Of arms, 10 compel State to
remain in the Union. | should feel myself
recreant 10 my duty were | not to express an
opinion on this important subject.
The question fairly stated is Has The Cor
stitnlon delegated to Congress the power 10
coeTce state INTO submission which is attempt-
ing to withdraw or has actually Withdrawn
from the Coniederacy If answered in the
The affirmative, il must be on The principle that
the power has 0een conferred Upon CongteSs 10
declare and TO make war against a Sale
After much serious reflection | have arrived at
the conclusion that no such power has been
delegated 10 Congress or to any other depart
ment Of the Federal Government. It is mani
lest, upon an inspection of the Constitution,
that this is not among the specific and enumera-
ted powers granted 10 Congress and il is
equally apparent that lis exercise is not ''ner's
>ary and proper for carryIng into execution
any one OF these powers. so far from tins
power having been Delegated 10 Congress, il
was expressly refused by the convention which
framed the Constitution.
1t appears, from the proceedings OF that body,
that on the 3lst May, 1881, the clause
"authorlzing an exer,ion of the force OF the