The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1860-12-14

else its power over the people of all these
states, in the enumerated cases, that each one
of them possessed over sub bjects not delegated
to the United States, but PRESERVED to the
states respectively, or TO the people," To
the extent of the delegated powers of the
constitution of the United States, it is as
much a part of the constitution of each state,
and is as binding upon its people, as though
it had been textually inserted therein
This government, therefore, is great and
powerful government, invested with all the
attributes of sovereignty over the special
subjects to which its authority extends. Its
trainers never intended to implant in its bos-
ON the seed of its own destruction, nor were
they at its creation guilty of the absurdity of
providing for its own dissolution. 1t was
not intended by its trainers to be the baseless
fabric of vision which, at the touch of the
enchanter, would vanish into thin air, but
substantial and mighty fabric. capable of re-
sisting the slow decay of time and of defying
the storms of ages. Indeed, we'll may the
jealous patriots of that day have indulsed
fears that government Of such high powers
might violate the reserved rights Of the
states, and wisely did they adopt the rule of
IA strict construction of these powers to pre-
vent the danger. But they did not fear. nor
had they any reason to imagine tha; the con-
sttution would ever be SO interpreted as to
enable any state, by her own act, AID with
out the consent of her sister states. TO dis
charge her people from all CT any OF their
federal obligations.
1t may be asked, then, are the people Of
the states without redress against the ,yran-
ny and oppression of the federal government @?
! BY no means. The right of resistance Oh the
part of the governed against the oppression
of their governments cannot be denied. It
exists independently Of all constitutions, and
has been exercised at all periods of the world )
history. Under it old governments have
been destroyed, and new ones have taken
their place. 1t is embodied in strong and
express language in our declaration of indie
pendenee But the distinction must ever be
observed, that this is revolution against an
established government, and not a volunta-
ry secession from it by virtue of an inherent
constitutional right. In short, let US look
the danger fair " in the face {: secession is
neither more nor less than revolution. II
may or it may not be justitiable revolution,
bu: still it is revolution.
What in the near time. is the responsible
ity and true position of the execltive9 He
is bound by solemn oath before God and the
country "to take care that the laws be faith
fully executed" and from this obligation he
cannot be absolved by anv human power
But what if the performance of this duty is
rendered impracticable, in whole or in part.
BY events over which he could have exercised
no control? Such, at the present moment.
is the case throughout the state of South
Carolina. so far as the laws Of the Unte;l
States to secure the administration of Justice
by means of the federal judiciary are con-
cerned All the federal officers within its
limits. through whose agency alone these
laws can be carried into execution, have al
ready resigned. We no longer have dis
trict Judge. district attorney. or a marshal
in South Carolina. In fact, the whole ma
chinery of the federal government. necessary
for the distribution of remedial justice among
the people. has been demolished ard il
would be difficult, if not impossible, to re-
place it.
> The only acts of Congress on the statute
: book. bearing upon this subject. are those of
the 2Sth February, 1875. and 81 March, $50.
These authorize the president after he shall
) have ascertained, that the marshal, with his
posse comitcttus is unable to execute civil or
criminal process in any particular case, to
) call forth the military and employ the army
and navy to aid him in performing this ser
vice, having first by proclamation command
: ed the insurgents "to d>perSe and retire
| pcacably to their respective abodes. within Il
limited time This duty cannot by any pos
) siblity be performed in state where no ju
diciai authority exists to issue process. and
, where there is no marshal to execute it, and
where, even if there was such an officer, the
| entire population, would constitute one SOLE.
, combination to resist him. The bare ena
) meration of these provisions proves how in
+ adequate they are, without further leg islation
to overcome united opposition in singl.
state, not to speak of other states who may
: place themselves in similar attitude Con-
gress alone has power to decide whether the
, present laws can or cannot be amended 50 a.
t to carry out more etfectually the objects Of
+ the constitution.
f The same insuperable laws Do net lie i,
+ way of executing the lews for the collection
. of the customs. The revenu" ,lill continu,
to be collected, as heretofore. At the cl>:on
: house in Charleston; and, should the co!ec
o tor unfortunately resi- gn, successor may b.
appointed to perform the duty
Then in regard to the property Of tn,
f United States in South Carolina. Tnis Ia.
. been purchased for fair equivalent, -: th
A consent OF the legislature of the state, so
: the erection of forts, magazines, arsena,>.
g &C., and over these the authority ITO execut
: exclusive legislation" has been express
# granted by the constitution to Congress |
n is not believed that any attempt will BE- mad
G to expel the United States from this proper
"a ty by force; but if in this should prove t
IS be mistaken, the officer in command of tn
T. forts has received orders to act strictly o
J. the defensive. In such a contingency, tn
" responsibility for consequences would riyh
q fully rest upon the heads of the assailants.
o Apart from the execution of the laws, S
= far as this may be practicable, the executiv
% has no authority to decide what shall be til
: relations between the fe leral governmer
Il and South Carolina. He has been investe
J. with no such discretion. He possesses n
n power to change the relations heretofore e,
,e isting between them, much less to acknow
is edge the independence Of that state Tn
would be to invest mere executive Office
. with the power of rec ognizing the dissolu,io
- >, of the conftderacy among our thirty-thr,
- sovereign states. 1t bears no resemb.an,
=, to the recognition of a foreign de tacto go
=, ernment, involving no such responsibility
- Any attempt to do this would, on his par
20 . be naked act of usurpation. 1t is, ther
>. ., fore, my duty to submit to Congress Il
~ ~ whole question in all its bearings. I.