Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1860-12-13


. slow decay OF time and of defying th
, storms Of ages. indeed, well may III
? jealous patriots OF that day have induI
!. ged fears that government Of such hig
powers might violate the reserved right
Of the States, and wisely did they ador
| the rule OF strict construction Of ihos
powers to prevent the dangerl But the
, did not fear, nor had they reason q
imagine, that the constitution woul
ever be 80 interpreted as 10 enable an,
State. by ner own act, and without tb
consent Of her sister States, to discharg
her people from all or any Of their fede
raj obligations.
II may be asked, then, are the peopl
of the States without redress against tn
tyranny and oppression Of the Fedora
Government BY no means, Tn,
right Of resistance on the part Of tb,
governed against the oppression o
their governments cannst be denied. 4
Dexists independent Of all constitutions
and has been exercised ut all periods o
the worlds history Under it old gov.
ernmen,s have been destroyed, and new
ones have taken their place. 1t is EN-
bodied in strong and express language
in our own Declaration of independence
But the distinction must ever be observ
ed, that this is revolution against an
established Government, and not vol
untary secession from it by virtue Of ar
inherent constitutional right. Ia short
let us look the danger fairly in the face
Secession is neither more nor less than
revolution. II may or it may not be Q
justifable revolution, but still it is re
volution.
What, in the mean time, is the res
possibility and true position of the Exc
cutive7 He is bound by solemn oath
before God and the country ito take
care that the laws be faithfully execut.
ed and from this obligation he caDno,
be absolved by any human power. Blu,
what If the performance Of this duty
IN whole or in part, has been rendered
impracticable by events over which he
could have exercised no controll Such
at the presen, moment, is the case
throughout the State Of South. Corolina
so far as the laws Of the United State.
to secure the admin istration of justice
BY means OF the Federal Judiciary are
concerned. All the Federal officer,
within its limits, through whose agency
alone these laws can be carried into ex'
ecution have already resigned. We nj
longer have district Judge, a distric
Attorney, or q Marshal, M South Caro-
lima. In fact. the whole machinery o
the Federal Government, necessary fo
the distribution Of remedial justice
among the people has been demolished
and it would be difficult, If not impos
sible, TO replace it,.
The only acts Of Congress on the
statute. book, bearing upon this subject
are those OF the 2sth FEBRUARY, 1898
and Sd March, 1907. These authorize
tn. president, after he shall have as
certainrd that the marshal with hi
posse comitatus is unable to execute
civil or criminal process in any pirticu
lar case, to call forth the militia ant
employ the army and navy to aid hin
in performing this service, having hrs
by Proclamation commanded the in
surgents TO disperse and retire peace
ably to their respective abodes, withir
q limited time This duty cannot b.
possibility be performed in Stat'
where no judicial authority exists Il
sue process. and where there is nj
marshal TO execute it, and where, ever
if there were such an officer, the entir
DO population would constitute one soli'
combination TO resist him.
! The bare enumeration Of these provis
ions proves how inadequate they ar
without further legislation TO overcom
united opposition in single State
not to speak Of, other States who ma,
+ place themselves in similar attitude
Congress alone has power to decid
wh ether the present laws can or canno
!. be amended so as to carry out NOR
efectualIy the objects Of the Constitu
i tion. =
The same insuperable obstacles d
: not lie in the way of executing ,he law
for collection Of the customs. Tn
, revenue still continues to be collected
Q as heretofore, at the custom-hopse j
|, Charleston; and should the coIleeio
. unfortunately resign, a successor ma
r be appointed to perform this duty.
. Then in regard to, the property
. the United States in South Carolins
s This has been purchased for fair equiv
. alent, 'by the consent Of the legisla.uI
of the Sfate,' for the erection of fort
|. magazines, arsenals,' &c, land over .hes
f the authority. ito exercise exciusiv
' legislation has been expressly granite
= by the Constitution to congress.
? 8 not believed that any attempt wi
/ be made to expel the United States iro'
d this properly by force; but If in this
Z should prove to be mistaken, the oftic'
in command of the forts has receive
;. orders TO act strictly on the defensiv
"a Ia such contingency, the responsible
f " for consequences would rightfui'
"a res, upon the head of the assailani
" Apart from the execution ofithe Law
so far as this may be practicable, q
a Executive has no authority to decit
a what shall be the relations between Il
- federal government aud South Carolia
/, !, He has been invested with no SUI