The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1860-12-08


Congress on the statute book bearing ron
this subject. are those OF the 2Sth Fch,lIa.
~. 1873 and Sd March, 1901. These au-
thorize the President after he shall have
ascertained that the Marshal with his
posse raui7fls i unable to execute civil or
crimiua! 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, 10y proclamation. com
manded the surgcnts TO dispense and re-
turn peaceably to their respective abodes
within q limited time. This duty cannot
by any possibility, be performed IN State
where ito Judicial authority exists to issue
process, and where there Is no Marshal 70
execute, and where, even if there were
such Office the entire population would
combine III one solid column toresst him.
The mere resistance Of these provisions
proves how Inadequate they are without
further legislation, to overcome a united
opposition in a single State, not to speak
OF other States who NAV place themselves
in a similar attitude. Congress alone has
power TO decide whether the present laws
cannot be amended 50 as to carry out
moro etleCtuallv the objects Of the consti-
tuition. The same insupcraLle objects do
/ not lie IN the way OF executing the laws
for the collection of customs The rcye-
nue. still constitutes to be collected as here
/ to.ore ut the Custom House at Charleston,
and should the collector unfortunately re-
/ sign, Il successor may be appointed to per
/ form this duty
Then, in regard to the property of the
| |. :. in South Carolina, this has been pur-
| chased tor a fair equivalent. 10y the con
sent Of The Legislature OF the State, for
the erection Of forts, magazines. arsenals,
&c. and oyer these the authority to exer-
else exclusive legislation has hsen express
y granted 10y the Court OF Congress 1t
is not believed that any attempt Will be
made to eXpel the L. s. from this proper
" by force; but if in this should prove
to be mistaken, the officer in the com.
mand OF the forts had received orders to
act strictly on the defensive Ia such a
coutine-ucv. the responsibility lon con~c-
qusnces would rightfully rest upon the
heads OF the assaiauts Apart from the
execution O; the laws. so far a. this NAV
be practicable the Executive has no au-
thoUlv To decide what shall be the re!a-
tions between the Federal Government
and South Carolina lie la, been invest
I'd with no such discretion lie possesses
no power 70 change the relations hereto
fore existing between them. much less Il
acknowledge the independence q that
state This would be- 70 invest 4 mere
Executive officer with the power of recg-
Ii.;uy too d.- o.gt!on O. TIE conf. l-racr
among our t,irtytAE1e sovereign States
Il has no resemblance 70 the r5c.-a;zatior
OF e. s.--il-. .t. -,.t. government iuya,yIul
10 such Responsibility. arv atta,,rt y, =,
this would on his ,4rs raa naked ac5 o
u-ugIation 1t is. thcress.a. INV dgt- :,
submit 20 Cou.~c,, tie whole question II
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