The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1860-12-13
NO. Al.

| the oppression Of their governments can.
not be denied. 1t exists in epcndently Of
all constitutions, and has been exercised
AZ all periods of the worlds history. Un-'
der it old governments have been destroy.
, ed, and new ones have taken their place.
1t Is embodied strong and ex. .ress languogs
in our own Declaration Of Indep, Bdt nee,
But the distinction must ever DC observed,
that this Is revolution against ansesfablish-
ed Government, and not voluntarily se-
cessioh from it by virtue of an inherent
| constii utional right. In Short let us lock
the danger fairly in the face: Secession
is neither moro ..Dr less than revolution
1t may not BET justifable revolution, but
still 1t is rev tlrtion.
What, in the meantime, is the response
bility and true position of the Executive2 :
He is bound by solemn oath, before God
and the country, " to take care that the
laws be faithfully executed" aud from this
obligation he cannot be absolved by any
human power. But what if the perform
ance OF this duty, in whole or part, has
been rendered impracticable by events over
which he could have exercised no control!
Such, ut the present moment, is the case
throughout the State of South Carolina, so
far as the laws of the United States to Sc
cure the administration of jus:ice by means
of the Federal Judiciary are concerned.
All the Federal officers within its limits,
through whose agency alone these laws can
be carried into execution, have already
resigned. We no longer have District
Judge, 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 people, has been domol-
ished and it would be difficult, if not
impossible, to replace it.
The only acts of Congress on the statute
book. bearing upon this subject are those
OF the % February, 1895, and Sd March,
1907. These authorized the President,
after he shall have ascertained that the
Marshal, with his posse contitdtuS, 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
performing this service, having first by
proclamation, commanded the insurgents
ito disperse and retire peaceably to their
respective abode, within limited time
This duty cannot, by possibility, be per-
formedin State where no judicial authority
exists to issue process, and where there is
no Marshal to execute it, and where even
if there were such an officer, the entire pop
ulation would constitute one solid combin-
alton to-resist him.
The bare enumeration ofthesc provisions
proves how inadequate they are without
further Legislation to overcome united op-
position in u single State, not to speak of
other States, who may place themselves in
similar attitude. Congress alone has pow
er to decide whether the present laws can
or cannot be amended so as to carry out
more efectually the objects of the Consti-
tuition.
The same insuperable obstacles do not lie
IN the way of executing the laws Tor the
collection of the customs. The revenue
still continues TO be coll, cted, as heretofore,
at the custom-housc in Charleston; and
should the Collector unfortunately resign,
successor may be appointed TO performs
his duty
Then in regard to the property of the
United States in South Carolina. This
has has been purchased for fair equiva-
lent, "by the consent of the Legislature of
the State, "ior the erection of forts, maga-
zines, arsenals,, &c, and over these the
ton has been expressly granted ~ the
Constitution to Congress 1t is not beliey-
ed that any attempt will | c made to expei
the United States from this property by
| force; but If in this | should prove to be
mistaken, the officer in command of the
forts has received orders to act strictly on
the defensive. In such a contingency, the
! responsibility for consequences would right
fully rest upon the heads of the assail-
ants.
Apart from the execution of the laws,
so far us this may be practicable, the Exc
cutivc has no authority to decide what
shall be the relations between the Federal
Government and South Carolina. He has
, been invested with no such discretion He
possesses no power TO change the relations
heretofore existing between them, much
less to acknowledge the independence OF
that state. This world be to invest a mere
Executive oaicer with the power of recog-
niz'ns the dissolution of the Coniederacy
among our thirty-threc sovereign States
1t bears no resemblance TO the recognition
ot foreign 6e ./6cto Gov, rnmcnt. involv-
ing no such responsibility. Auy attempt
to Go this would, on his part, be "a naked
act OF uslrpation. 1t is, therefor, my du-
ty to submit TO Congress the whole ques-
ton IN all its bearings. The course of
events Is so rapidly fastening forward, that
the emergency may soon arise, when you
may be called upon to decide the moment
ous question whether you possess the pow
or, by iOrce OF arms, to compel State to
remain IN the Union. should feel N.Y.
self recreant to my duty were l not to
express an opinion on this important sub
jcct
The question, fairly stated, is Has the
Constitution delegated to Congress the
power to coercc State into submission
wnieh is attempting to withdraw, or has