Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-12-05

act. ana Without tle COuetut VI ctoe0A
charge her people from all any of their Federal ooh
cations.
Il nav be asked, then are the people Of the States
without redress against the tyranny and oppression Of
the Federal Government? By no means. Toe rignt OF
resistance on the part the governed against the oPpe
sion Of their governments cannot be denied IL e1's
independently Of all constitutions and has been eAeres
ed at all periods Of the worlds history. Under II OLD
governments have been destroyed and new ones nave "a
ken their place. Il Is embodied In strong and express
language in our own Declaration Of Independence But
the distinction must be observed that this is revon-
ton against an established Government and not volun-
tary secession from il by virtue of an inherent const
tona right In short let look the danger fairly 10
the face Secession neither nor less than revou-
ton. 1t may may not be ustiaole revolution Out
still It is revolution
What in the mean time, is the responsibility aud true
position of the Executive He is bound by solemn oath
before God and the country ITO take care that the laws
be faithfully executed and from this obligation he can
not be absoved by any human power. But what Il the
performance Of this duty in whole or In part mas oeen
rendered impractcable by events over which he could
have exercised no control Such at the present moment
i the case throughout the State OF South Carolina so lar
as the laws Of the United States to secure the admnsra
ton Of Justice by means of the Federal Judiciary are con-
cerned All the Federal officers within its limits, through
whose agency alone these laws be carried into execu
tion have already resigned. We no longer have dis
trict Iudge district attorney, or marshall IN SCUM
Carolina. 10 fact the whole machinery OF the Federal
Government necessary for the distribution OF remedial
justice among the people, has been demolished and II
would be difficult il not impossible to replace it.
The only acts Of Congress the statute book bearing
upon this subject are those Of the 2Sth February $780,
aud Sd March, 1907 These authorize the President, al
ter he shall have ascerained that the marshal With his
posse e0mitat is unable to execute civil or criminal pro-
in particular case TO call forth the militia ana
employ the army and navy to aid him in performing this
service having first by Proclamation commanded the in-
sugents to dispense and retire peaceaby TO their re-
spentive abodes within limited time" This duty can
not by possibility be performed in State where no Ju-
dcal authority exists issue process and where there
is marshal execute IT, and where even II there were
such an officer the entire population would constitute
/ one solid combination TO resist him.
The bare enumeration Of these provisions proves how
inadequate they without futher legislation to over
come united opposition 10 single State, not to speak
of other States who may place themselves In similar
attitude Congress alone has power 70 decide whether
the present laws cannot be amended so as TO car
~ out eectuay the OF ects OF the Constitution
The same insuperable obstacles do not lie IN the way
of executing the laws for the collections Of the customs
The revenue still continues to be collected as heretofore,
at the customhouse in Charleston and should the col
ector unfortunately resign, asuccessor may be appoint
ed to perform this duty.
Then in regard to the property Of the United States in
South Carolina This has been purchased for fair equiv
aent "by the consent Of the Legislature Of the State
"ior the erection Of forts magazines arsenas &C. and
over these the authority to exclusive legisa-
/ been expressly granted tue NoHotltuNOu
Congress IL is not believed that any attempt will be
made to expe the United States from this property by
force but If in this should prove to be Mistaken the
officer 10 command Of the forts has received orders TO act
strictly on The defensive. In such contingency, the
responsibility for consequences would rghualy rest up
on the heads of the assaiants.
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 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 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 thrtyhree sovereign States IL bears no re-
Sembance TO the recognition OF foreign de JaetC gov
ernment involving such responsibility. Any attempt
70 do this would on his part be naked act of usurpaon
Ii is therefore, my duty to submit 20 Congress the whole
question 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 mo-
meutous question whether you possess the power, by
force of arms to compel State remain in the Union
should feel myself recreant 10 my duty were not to
express an opinion on this important subject.
The question fairly stated Is Has the Constitution de-
legated to Congress the power 70 coeTce State into
submission which is attempting 10 withdraw has actu-
ally Withdrawn from the Coniederacy? If answered in
the affirmative il must be the principle that the pow
er has been conferred upon Congress to declare aud to
make war against State. After much serious reflection
arrived at CONCLUSION Luhk no SuCu power
been delegated Congress TO any other department
Of the Federal Government IL Is manifest, upon an in
speciion Of the Constitution that this not among the
specific and enumerated powers granted to Congress- aud
il equally apparent ths exercise is not necessary
and proper for carving into execution any OF these
powers So far from this power having been delegated
to Congress it expressly refused by the convention
II appears from the proceedings of that body, that
the Slst Nav 1851 the clause "dah0rirq an eJsrtiOH
Of the force Of Tie UhOle against delinquent STATE, came
up for consideration. Mr. Madison opposed 1t in brief
but powerful speech from which shall eG ract but a
single sentence lie Observed "The use OF force against
state would look more like declaration Of war than an
iunciOn Of punishment; and would probably be consl-
dced by the party attacked dissolution OF all pre-
vious cOmpacs by which i, might be bound" Upon his
notion the clause unanimously postponed, aud was
never I believe again presented. Soon afterwards on
the SIN June 1881 when incidentally adverting to the
subject he slid ANY Government for the United States
formed the supposed prActcabiity OF using force
against the unconstitutional proceedings OF the States,
would prove as visionary and iaacioUs as the govern
me1t of Congress" evidently meaning the then eI sung
Congress Of the old Confederation
Wthou. descending 20 PARTICULARS It may be safely as
serted that the power to make war against state Is at
variance with the whole spirit aud intent Of the Consutu-
ton Suppose such a should result ia the conquest
of State how are we 70 govern il afterwards Shall
we hold it az province and govern il by despodc pow
err In the nature Of things could not by physical
force control the viii of the people and compel them 10
elect Senator's and Representatives to Congress- and to
perform all the other duties depending upon their own
votion aud required from the free citizens of free
| Safe as constituent member of the COniederacy
But if possessed this power, would it DC wise to
exercise il under existing circumstancesg The object
would doubtless be to preserve the Union. War would
not only present the most eecua OF destroying
t. but would Danish all hope Of its peaceable reconstruc
ton Besides in the iraternal conflict vast amount OF
blood and treasure would be expended rendering future
reconciliation between the States impossible In the mean
time who foreel what would be the suierings and
| privations Of the people during its e1is,encey
The fac, is that our Union rests upon public opinion
and be cemented by the blood OF is citizens
shed in civil IL it cannot live in the affections o.
the people, must one day perish Congress possesses
many means of preserving it by conciation bu. the
sword not placed in their hand to preserve by
| force.
But may be permitted solemn,y to invoke my cour
trymen to pause and deliberate, before they determine
10 destroy this the grandes temple which has ever beer
dedicated to human freedom since the world began
as been consecrated by the blood of fathers by the
cores Of the past aud the hopes Of the future Toe
Union has already made the most prosperous and ere
loug will if preserved render the most powerful ma
lion on the face Of the earth. In every foreign region
o. the globe the title Of American citizen is held in the
highest respect and when pronounced in foreign lant
u the hearts OF our eounrymen TO swell with hon
es. pride. Surely when we reach the brink of the
yawnng abyss, we shall recoil with horror from the
last fatal plunge. BY such fatal catastrophe the hopes
OF the friends Of freedom throughout the world woulC
be destroyed, and long night OF leaden despotisu
would enshrOud the nations. Our example for more
than eighty years would not only be lost but it woulC
be quoted conclusive proofthat man is unftfor self
government
Il is not every wrong-nay, il is not every grieyou
wrong-whch can justify resort TO such fearful al
tentative. This ought TO be the last desperate remedy
Of despairng people, after every other constitutions
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