Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1860-12-06

United States, all members of State Legisla
ture, and all executive and judicial officers
I" both of the United States and of the several
States, shall be bound by oath or affirmation
to support this Constitution"
In order to carry into effect these powers,
the Constitution has established perfect Gov
ernment in all its forms, legislative, executive
and judicial and this Government to the eX
tent of its powers, acts directly upon the indi
vidual citizen of every State, and executes Its
own DEGREES by the agency of its own officers.
In this respect it differs entirely from the Gov
ernment under the old Confederation, which
was confined to making acquisitions on the
States in their sovereign character. This left
it in the discretion of each whether to obey or
to refuse, and they often declined TO comply
with such requsiton. 1t thus became necessary
for the purpose Of removing this barrier, and
" in order to form a more perfect Union" to
establish a Government which could act direct
y upon the people, and execute its own laws
without the intermediate agency of the States.
This has been accomplished 10y the Constitu-
tion Of the United States.
In short, the Government created by the
Constitution, and deriving its authority from
the sovereign people of each of the several
States, has precisely the same right toexercise
its power over the people of all these States,
in the enumerated cases, that each one OF them
possesses over subjects not delegated TO the
United States but reserved 10 the States, re
spectively, or TO the people"
To the extent Of the delegated powers Of
the Constitution Of the United States is as
much part OF the Constitution of each State
aud is as binding upon its people as though it
had been textuaIly inserted therein.
This Government, therefore, is great and
powerful Government, invested with all the
attributes of sovereignty over the special sub
iects to which its authority extends. It's fra
mers never intended to mpant in its bosom
the seeds Of its own destruction, nor were they
at its creation guilty Of the absurdity Of prov
ding for its own dissolution. 1t was not intend
ed By its trainers to be the baSe!ess fabric of q
vision which, at the touch OF the enchanter,
would vanish into thin air, but a substantial
and mighty fabric capable of resisting the slow
decay of time and of defying the storms of
ages Indeed, well may the jealous patriots Of
that day lave indulged fears thas Il govern
ment Of srrh high powers night violate the re-
served rights of the States aud wisely did they
adopt the rule of strict construction Of these
powers TO prevent the danger ! But they did
not fear, nor had they any reason to imagine,
that the Constitution would be s. interpreted
as to enable any State, by her own act, and
without the consent OF her sister States, to- dis
charge her people from all or any OF their
Federal obligations.
It may he asked, then, are the people Of
the States without redress against the tyranny
aud oppression OF the Federal Government :?
BY no means, The right of resistance on the
part CT the goTcrGed against toe oppression OF
their Governments cannot be denied. 1t exists
independently of all Constitutions and has been
exercised at all periods Of the wCrdS history
Under il cid Governments hYe been DESTROYED
and new ones have taken their place Ii is
embodied in strong and express language in
our own Declaration Of Independence. But
the distinction must ever be observed, that
this is revolution against an established Gov
ernorment, and not a voluntary StsSion from
it by virtue of an interest constitutional right
IN short, let Us look the DANGER fairly in the
face: Secession is neither more nor less than
revolution It may or it may not be justf-
able revolution, but still it is revolution
What in the mean time, is the responsiti-
ty and true position of the Executive He is
bound by solemn oath before God and the
country " to kc care that the laws be faith
fully executed and from this obligation he
cannot be abSoYed by any human power
Bn: what if the performance Of this duty, in
whole or in part, has been rendered impracti-
cable hy events over which he could have cX-
erC5ed 10 control Such at the present no
ment, is the case throughout the State OF
South Carolina, so far the laws OF the
United States to secure the administration Of
iuStce 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 re
signed. We no longer have a DiStrict-JudLe,
a District A Attorney, or a Marshal, in South
Carolina In fact the, the whole mac hinery OF
the Federal Government necessary for the dis
tribution 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. hearing upon this subject, are those of
the 2Sth February, 1895, aud 81 March, 1897
These authorize the President, after he shall
have ascertaiued that the marshal with his
posse c0mltatwS is unable to execute civil or
criminal process in any particular case, to call
forth the militia and employ the aruly and ma
w to aid him in performing this service. hav
ing FIRST 10y Proclamation commanded the in
snrgents to diSperSe and retae peaceably to
their respective abodes, within a limited
time" This duty cannot by possibility be per-
formed in a 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 population
would constitute one solid combination to re-
sist him.
The bare enumeration of these provisions
proves how inadequate they are without fur
ther legislation to overcome a united opposi-