Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1860-12-15

=
: an Inherent Constitutional right.
5 In short, let us look the danger fairh
Z in the face. Secession is nothing NOR
1 nor less than revolution. 1t may 81 !
I may not be a justifable revolution, bu
/ still i revolution What III IN,
meatime, is the responsibility and tru,
j position ofthe Executive, bound by solemn
oath before God and the country to TAX,
care that the laws be faithfully executed
From this obligation he cannot be absolyed
4 by any human power But what If the
4 performance Of this duty in whole or II
part has been rendered lnpracticable BIZ
'levents over which he could have eyes
cised no control! Such, at the present
moment, is the case throughout tht
State Of South Carolina, so far az the
laws Of the United States to secure thead
ADMINISTRATION of justice by means Of the
i Federal Judiciary, is concerned. All the
Federal officers within its limits, through
whose agency alone these laws can be car
ried into execution, have already resigned.
We have no longer District Judge, OF
District Attorney, in South Carolina. Ii
fact, the whole machinery of the Fedora,
Government, necessary for the distribution
of remedial justice among the people, has
been demolished, and it would BE difficult
if not impossible to replace it. The only
acts of Congress on the statute book bear
ing upon this subject, are those Of 2sth Of
February, 1875, and 81 Of June, 1907
These authorize the President, after he
snail have ascertained that the Marshal with
his posse coinitatus 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 perform
ing the service, having first, by procama-
ton, commanded the insurgents to dispense
and return peaceably to their respective
abodes within limited time This duty
cannot, by any possibility, be performed il
a State where no Judicial authority exists
to issue process, and where there is no Mar
shall to execute, and where, even if Il ere
were such an Office, the entire population
would combine in one solid column TO re-
sist him.
The mere resistance of these provisions
proves how Inadequate they are, without
further legislation, 10 overcome a united
Opposition in a single State, not to speak
of other States who may place themselves
in similar attitude. Congress alone has
power to decide whether the present laws
cannot be amended, so as to carry out more
effectually the objects of the Constitution.
The same insuperable obstacles do not lie
10 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 collector unfortunately resign, a success
sor may be appointed to perform this duty.
Then, in regard to the property of the Uni
ted States, ID South Carolina, this has been
purchased for a fair equivalent, BY the con
sant Of the Legislature Of the State, for the
efecClou OF loTtS, BiagSt1tlie~s, a.
and over these the authority to exercise ex-'
elusive legislation has been expressly grant
ed by the Court to Congress. 1t is not
believed that any attempt viii be made
to expel the United States from this
property by force, but if in this should
prove to be mistaken, the officers in the
command Of the forts have received orders
TO act strictly on the defensive La such a
contingency, the responsibility for conse-
quences would rightfuly rest upon the
heads Of the assailants. Apart from the
execution Of the laws, far as this may be
practicable, the Executive has no authority
to decide what shall be the relations be-
tween the Federal 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 to acknowledge the
independence Of that State. This would
be to invest mere Executive officer with
the power of recognizing the dissolution Of
/ the confederacy among our tliiIty-three
sovereign States. 1t has no resemblance
to the recognition Of a foreign dc facto
government involving DO such responsible
t., any attempt to do this would on his
part be naked act Of usurpation. Ii is,
therefore my duty to submit to Congress
the whole question in all its bearings. The
course of events is SO rapidly ha4tening for
ward that the emergency may arrive when
you may be called upon to decide the mo-
mentous question whether you possess the
power, by force Of arms, to compel State
to remain in the Union. should feel my
self recreant to my duty wereI to express
an opinion on the important subject The
question fairly stated is: Has the Consti-
] tuition delegated to Congress the power to
\ force a State into submission which is at-
y tempting to withdraw, or has actually with
drawn from the confeieracy? II answered
1 III the affirmative, it must BE on the prnci-
4 pie that the power has been conferred upon
u Congress to declare and to make war
against a State.
After much serious reflection, have ar
| rived at the conclusion that no such power
has been delegated to Congress, u amy
!; other department Of the Federal Govern.
nent. 1t is manifest, upon an inspection
i Of the Constitution, that this Is not among
4 the specific and enumerated powers grant
! ed to Congress, and It is equally appa
rent that its exercise is not necessary ane
proper for carrying into execution any one
9 Of these powers. So far from this powe'
) having heen delegated to Congresses, it was
: avn, IL refused BY the Convention which