The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-12-11

cerned. all the Federal officers within its
limits, through whose agency those laws
can be carried into execution, have al
ready resigned. We have no longer a
4 District Judge, or District Attorney, in
/ South Carolina. In fact, the whole ma
chnery of the Federal Government,
necessary for the distribution of remedi
al justice among the people, has been
demolished and it would be difficult, il
not impossible, to replace it. The only
acts of Congress on the statute book
bearing upon the sub iect, are those of
the 2Sth Feb, 1896, and Sd March, Is
or These authorize the President af-
ter he shall have ascertained that the
Marshal with his posse comitatus is una
bic 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 the service !;
havin 8 first, by proclamation, comman-
ded the insurgents to dispense and re-
turn peaceably to their respective abodes
within limited time. This duty can
not, by any possibility, be performed in
a State where no judicial authority ex-
lists to Issue process, and whore there is
no Marshal to execute, and where, even
if there were such an office, the entire
population would combine in one solid
column to resist him.
The mere resistance of these provis-
ions proves how inadequate they are,
without further legislation, to overcome
a united opposition in single State, not
to speak Of other States which may place
themselves in a similar attitude. Con.
gress alone has power to decide whether
the present laws cannot be amended SO
as to carry out more effectually the OBJ
jects of the Constitution. The same in
superabIe objects do not lie in the way
OF executing the laws for the collection
Of the customs. The revenue still con
tinues TO be collected as heretofore at
the Custom House in Charleston, and
should the Collector unfortunately re-
sign, any successor may be appointed
to perform this duty. Then, in regard
to the property of the t. S. in S. c.,
this has been purchased for fair equiv
alent, by the consent of the Legislature
Of the State, for the erection of forts,
magazines, arsenals, &c, and over these
the authority 10 exercise exclusive legis-
lation has been expressly granted by the
Court Ia Con 9rcss. 1t is not believed that ANY
attempt win be made to expel the United States
from this property by force but if in this /
/ should prpgc To- be mistaken, the officer in com
mand of the forts has received orders to act
strictly on the defensive. In such II contu
gency, the responsibility for consequences
/ wouldri sI,ttully rest upon the heads of the as
sailants. Apart from the execution of the laws,
50 far IL this may be practicable the Executive
has noau,h orty to decide what shall be the re-
iations between the Federal Government aud
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 Ia acknowledge the in
/ depe ndence of that State This would be to
invest alnere Executive officer with the power
Of recognizing the dissolution of the Confed.
cracy among our thrty-thrce sovereign States
Ii has no resemblance to the recognition Of
foreign dc, it,cto government involving no such
respons ibiIty; any attempt to do this would
on hlS part bc naked act of usurpation. 1t is
Therefore, my duty to submit t. Congress the
whole question in all its bearings. The course
of events is SO rapidly hhstenel forward that
the emergency may arrive when YOU may be
Cill''N upon ~ httt'l' tlc lllbliltuilS Question
, whether Won possess the power, by force of
arms, 70 compel State 10 remain in the Union
should feel myself reercant to my duty were
! not 10 express my opinion on the important
subject. The question fairly stated is Has
the Cons til ution delegated To Congress the pow
er totoreea State into submission which is at
ny to- withdraw or has actually with
drawn from the Confederacy ? If answered in
the affirmative, it must bc on the principle that
tho 4t.l has Eaan
to declare and 70 make war against State
Aipr much serious reflection | have
arrived at the conclusion that no such
power has been delegated to Congress or
TO any other department Of the Federal
Govern ment, 1t is manifest, upon an in
spaclion Of the Constitution, that this is
not among the specific and enumerated
powers granted to Congress, and it is
equally apparent that its exercise is not
necessary and propers. for carrying into
execution any one of these powers. So
far from this power having been delega-
/ ted 10 Congress il was expressly refused
/ by lhe Convention which framed the
Cons titution.
Ii appears from the proceedings Of that
body, on the 3lst OF My. 1887, that the
clause authorizing an execution of the
force of the whole against delinquent
Stale came up for consideration. Mr..
Madison opposed 1t in brief but pow
erful speech, from which | shall extract
but single sentence. lie observed
The use of force against a State
would look more like declaration of war
than an infection of punishment, and
would probably be considered by the
party attacked as dissolution Of all pre-
yious compacts by which it might be
I boun d. ="
/ Upon his motion the clause was unan-
lmoasly postponed, and was never, | be-
lieve again presented,
Soon after, on the Sth OF June, 1897.
when inc identally adverting to this sub
Ject, he said Any government for the
United States, formed on the supposed
practicabillity OF using force against the
unconstitutional proceedings of the
States, would prove rs visionary and fall
laclous as the Government of Congress, -
evidently meaning the then existing Con-
gress Of the old Confederation. With
out descending to particulars, it may
be safely asserted that the power 10 make