The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-12-08

has adj ped effsctual means " restrain the Stat,
! from interfering with their exercise for that III
posA- II has in strong prohibition language q
pressly declai I'd that State shall enter into an
Eiarquc and repfissl, coin money, emit bills G
credit, make anything but gold and silver coin
tender in payment Of dehts pass any bill OF affair
der, post fActo laws, or laws imparing the obi
cations Of contracts. Moreover, without the cor
sent II Congress no Stale shall lay any inposts q
duties, on any imports or exports, except what ma
be abFolutely necessary for executing its inspec
ton laws; and if they exceed this amount, the ex
cesses shall belonRt - the United States, and n
Slate all all without the consent Of Congress la
any duty tonnage, keep troops or ships Of il
1 time Of peace, enter into any agreement or com
pact With another State or with fore gn power, D
engage q war unless actually invaded or in sucl
| imminent danger ss viii not admit Of further de
| lay.
In order sti a further to secure the uninterrupted
exercise Of these high powers against State inter
position it ~ provided that he Court and the Law
Of the ltoi Stat q, nlach shall be made in pursu
ance thereof and all treaties made or which shall bs
| made un Ter the authority OF the United States
| shall be the supreme law Of tho land, and tht
Judges ia every state shall BIO bound thereby, any.
thing In tho constitution or laws Of any State 70
| the ontlary notwithstanding. The solemn sane
tien Of religion has been snperadded to the oblga
tons Of official duty aud NIL Senators and Repre-
| sentatiyss of the United States, all members Of
State Legsla tures and all Executive and Judiciul
States, snail be bound BY oath affirmation to sup
port the Constitution.
In order to carry into eject these laws, the Con.
stitution has establisheda perfect government in
all It's forms, Legislative, Executive and Judicial,
and the Government to the extent Of its powers
acts upon the individual citixcns Of every State
and executes its own DEGREES blythe ageLcy Of its
own officers. In this respect 1t differs entirely
from the Governments undor the old Confederation
which was confined to making requisitions on the
States IN their sovereign character This left ii in
the discretion OF each whether Tn obey or refuse,
and they often declined to comply With such requi-
sitions- ltthns became necessary, for the purpose
Of removing the barrier, and in order to form =
more perfect union, to establish Government
which could act directly upon the people and exe-
cute its own laws without the intermediate agency
OF the States. This has been accomplished ty the
Constitution Of the Uni I'd States.
In shtrr, rne gurcrnE.GAt created by the COAST.
tuition and drawing ith authority from the sover.
| egn people of each Of the sovereign States hnt
precisely the riget to exercise it's power over
the people OF all states in the enumerated cases
that each one Of tncn possesses over subjects not
delegated to the United States, bu reserved the
-fates respectively or 10 the people. TO the ex-
| tent OF The Delegated powers, the Constitution OF
the United Ststes ~ as much part Of the Consti-
| tuition Of each State, aad is as binding upon the
| people as though il ha been textually inserted
therein. This Goven ment, therefore, 10 a gry at
| and powerful government, invested with sI the
attributes OF s,vcregntj on tue special subj Gets
| which its sathnrity extaudr. I.s trainers never
intended 10 implAnt in its bosom the seeds OF its
own destruction, nor were til y, at its creation
guilty of the sbsurdity Of providing for It's own
dissolution.
|. IL wns no, intended by its trainers to be the
baseess fabric Of yeion, which, mt the touch Of
the enchanter, would vanish into thin air, but a
substantial and mighty fabric, Of resisting
the slow decay Il time aud Of delysng the storms
OF ages. Indeed well may jealous patriots Of that
day have INDUCED fears that government Of
such high powers might violate the reserved rights
Of the stAtes. and MiEel1 did they -ths-suie
Of strict construction II those powers to prevent
the danger; bat thsy i i NOT fear, nor had they
any reason to Imagine, that the Contttution
would be 90 interpreted ~ 10 enable any State, by
her own act and withou the consent If her sister
states, to discharge her people from all any of
their federal obligations IL may be askes, thtn
the people OF the states without redress against
| the tyranny and opIres ion OF the Federal Govern
| men,l by no means. Ihe ri ght Of resistance on
the part Of the governed against the oppression Of
their governments Mt be denied IL exlsts in-
del enient VI all censit ations, and has been
| csed at ali periods Of tue worlds history. Under
IL, Old vernu4en,s hAvs been destroyed, ami new
0nes have been replaced Ii 10 embodied in strorg
| and express language, in our own Declaration of
Independence, but the stlnctIon must ever be OBJ
served, inst this il rev luton against tho es,ab
lished Government, and not voluntary Sec ssion
IRON it by virtue Of al inherent constitutional
right.
flee Secession il nothing more nor l,ssihan rev.
oiu ten. Ii may or u nay not be jnstifable rev
| olutien, but sliiiit il revo ution What, in the
meantime, IL the res pom ihility and true position
If the executive, bound by solemn oath before oil
and the country to take c9re that the laws be fAi
fully executed From this obligation he cannot
| DO absolved by any hallan power. But VIII Il if
| the performance OF his aaiy, III whole in part
has been rendered imI Practicable by events over
| which be could have cpntroli Such at the pres
, eHf ma ia mr. cuRe hs Nat &
South Carolina. So far as the laws Of the United
States to secure the administration If justice by
means Of the Federal dietary ere CONCERNED eli
the Federal officers within it's limits, through whore
agency alone those Laws can be carried into execu.
| tton, have nire ady resfeHed. We have no longer
= District ndge, .r District Attorney in South
Carolina. In fact, tbs whole machinery Of the
| Federal Government, cesaary for the dstribu-
| ton OF remedial just! Q among the people, has
heon demolished and II would be difficult, If not
| impossible to repla-e IL. The only acts of Con-
gress on ike statute boob bearing upon this sub.
ject. those Of the 2sh February, 1895. and Sd
| March, 1907. Thesc horiEe the President, after
he shall havo ascfrtaiIed that the Marshal will
aiy posse cnmitatus is unable TO execute civil or
criminal process IN any articuar case call forth
| the militia, Eni employ tho army and nav, to aid
| him in reforming the service, having frst, BY
| proclamation, commanded the insurgents 10 dis
persc and return pesceably to their respective
| atodes within n limited ttmc. This duty cannot
by any possibility. be reformed in = State where
no Judicial authority exists to issue process, and
where there is no Marshal to execute, and where
even il there were such office, the entire popula-
ton would combine in che solid column TO resist
| him.
The mere resistance or these provisions proves
how inadequate they are without further legisla-
| tion, ~ overcome united opposition In single
State, not to speak Of other States who may place
themselves in u similar attitude. Congress alone
has power to decide whs her the present laws cam
not be amended 30 AZ 10 carry out etectually
The objects Of the Constitution The same ihsupcr-
able obstacles do not lie in the way of executing
tho laws for tho collerio OF the customs. The
revenue still continues u he collected heretofore
at the Custom House IN Charleston and should the
Collector unfortunately resign, successor may be
| appointed to pe riorm this duty. Then, in regard
to the property Of the United states In South Caro-
lima, this has been purchased for fair equivalent
~ the consent Vt the Legislature Of the state for
the erection VI FORTS magazines, arsenaIs, Ac and
over these the authority to exercise exclusive