Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1860-12-14

troyed, and new ones have taken their
place. 1t is embodied in strog and express
Language in our own Declaration of Inde-
pendence. But the distinction must ever
be observed, that this is revelation against
an established Government, and not a
voluntary secession from it by virture Of
an inherent 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
justGable revolution, but still It IS revolu-
ton.
WHAT, in the meantime, is the response
bility aud true position Of the Executive? ?
tfe is bosnd by the solemn oath before
God and the country to take care that
the laws be faithfully executed and from
this obligation he cannot be absolved by
any human power. But what if the per-
formances Of this duty, IN wholo or part,
has been rendered impracticabe by events
over which he could have exercised no
control. Such, at the present mome ent, is
the case throuGkt the State Of South Caro-
lima, SO far as the laws Of the United
States to secure the administration OF jus
tlce 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 execu
tion, have already resigned. We no
longer have district Judge district at
torney, or a marshal, in South Carolina.
In fact the whole machinery of the Fede.
raj Government, necessary, for the distri
button of remedial justice among the peo-
pie, has been demolished and it would be
difficult, if not impossible, to replace it.
The only Acts Of Congress on the
statute book, bearing upon this subject,
ore those of A2slh February, 1895,
and Sd March, 1907. These authorize
the President, after lie shall have ascer-
tanned that the marshal with his posse
eomita tus is unable to execute civil or
criminal process IN any particular case, to
call forth the militia AMI employ the army
and navy to aid him in performing this ser.
vice, having first by Proclamation comman,
ded the insurgents to disperse and retire
peaceably to their respective abodes, with.
in limited time This duty cannot by
possibility be performed in State where
no judicial authority exists TO Issue process
and where there is no marshal to execute i,
: and where, even if there were such an Off
Ger, the entire population would constitute
one solid combination to resist him.
The bare enumeration of these provisions
proves how inadequate they are without
further Legislation 10 overcome united op
position in single State, not to speak o
other States who may place themselves ii
similar attitude. Congress alone ha'
power todecide whether the present law.
can, or connot be amended 80 as to carft
out more eaectually the objects Of the Con
stitution.
The same iasupersble obstacles do moi
lie in the way Of executing the laws for tht
collection Of tie customs. The revenue
stlli continues to be collected as heretofore
at the Custom House in Charleston.; ane
should the Collector unfortunately resign
successor may be appointed to perform
this duty.
Then ia regard to the property of th'
United States in South Carolina, Tbi.
has been purchased for fair equivalent
by the consent Of :the Legislature Of th'
State ffor the erection of forts, magazines
arsenals, &C., and over these the authorit,
TO exercise exclusive legislation bas bee,
expressly, granted BY the: Constitution t,
Congress. L. is pot believed that any at.
tempt will be:6made to expel the Unitet
. States. from this property by force but
ip this I should prove TO be mistaken, tn
officer in commahd of,he forts has received
o.ders1o act strictly on the defensive. i
; such contingency, life responsibility 70
!. consequences would rightfulIy rest upol
: the heads Of the assailants.,
: Apartsfrom the execution Of tbe. laws
so far as this may be practicable, the Exc
cutiye has no authority TO decide:what sbal
be the.elation between stlle Federal Coy,
; etpment and South CnEoioa, Hs.has besl
? Invested with no such discerticn: lie pos
:. sesses do power toehapge the relationshers
. ,of,re ex;stino between them. much less n