The Constitutional., 1861-01-26
From the National lnirlligencer.
fscccsS;on nnl i.S Trcat,ucnt.

history, to maintain the public peace While
at the same time maintaining the Constl-
tuition and the Uuion of the States. Be
leving that the preservation Of the former
is essential to the preservation of the lat
ter, we need not say that we should dep
recatc, at this stage of the movement In
augurated by South Carolina, and pro-
cecding on the part of the Federal Gov
ernment which would have for It's effect to
intensity and widen the spirit Of resistance
which animates portion Ol the Southern
mind. The public authority in times Of
popular agitation needs to be- welded with
valor, as ii il often seen that government
by yielding with dignity 20 tie force of
circumstances, while yet defending its le-
gtimatc prcrogative with firmness, may
open n reader way 20 the adjustment OF
the most intricate complications than can
be- found by cutting the Gordian knot
with the sword.
At the present time it is believed by
many that the public peace would be
Ijropardod by an attempt on the part of the
United States to collect the revenues at
Charleston. Whether this conviction is
well founded or not, we think it bchoovcs
members Of the National Legislature to
weigh well aud wisely the conditions Of
the problem which they are called to solve,
that they may adopt the cxpcdicnt which
shall seem best adapted to subscrve the
highest and most manifold interests Of the
country.
We have already hintcd at the policy of
repeating or suspcnding such laws OF the
United States as, in the existing condition
of the Federal authority in South Carroll
ma, it may be found impossible to enforce
in that State, without lin the absence Of
the civil forms which should prccede the
exercise of Executive authority doing vi
olence to the genius of our institutions,
and also without greatly cndangcring the
public tranquility. The civil machinery
of the Federal Government having fallen
| into almost total wreck in South Carolina,
it is obvious that until this deficiency is
repaired the Executive must lack n salts
factory basis for such administrative ac-
ton ar, under other circumstances, would
be not only proper in itself but impcra-
tive upon him, in the discharge of his
duty, to see chat the laws are faithfully
executed. And from this difficulty in re-
gard to South Carolina he can be relieved
only by the action Of Congress, in either
clothing him with new and enlarged pow
crs to meet the eXigcncics of the case, or
in repeating or sr-pcnding the laws which
it is now made li.s duty to enforce. The
latter alternative, while saving the lcgiti-
macy and maintaining the honor Of the
Federal Government. has the advantage
Of insuring preservation Of the public
peace. unless it should be broken by Nh
provoked agcressions against the rights
anl property Of the United States.
When we consider that the collection of
the Federal revenues in South Carolina
entails, at the best, dead loss on the
Government, it Is apparent that considcra-
tons Of economy (Which in the present
condition of the Treasury should be very
wcighty) combine with those of admins
tra;iyc prudence to advise n suspension Of
- much of the act of March 2, 1899, "ior
the collection Of duties on imports and tom
uago," a. makes Gccrgrtoar, Ch1rlcaiou
ami Beaufort, in South Carolina, ports OF
rutry. The repeal or e.t.pcn,ina of the
thirteenth and ether sections Of this net
80 far rs it relates to South Carolina,
would have for lis effect to relieve the
President from thc duty Of coll cling the
revenues il those r9i;-, aud woulI, at thc
same time, relieve South t:.9iaa hom
wha; She regards rs tn, oLious domination
of Federal laws. The lrgal eject ot such
q cnu-:c on thc part Of the Federal Gov
ctmmrat would hc that, il an, foreign ycs-
eel should thereafter enter or attempt to
enter these ports with dutiaLle goods, she
would be subject to seizure by our revenue
cutters, and forfeiture under oar laws.
Aud If the effect of such liability should
BE- to place South Carolina, with regard to
foreign nations, III 4 state Of commercial
isolation, it would be nothing more than
the natural and inevitable consequence Of
,hc position she has assumed in the eye
and under the public law Of the civilized
worLl. Ii corid pot hc properly construed
into an act Of hostility Oh the part Of the
Ie l,ral Goy,.nnrut, which cannot rcAs-
onably br ,ypectrd 20 allow to South Car
ol.ll all III" con} cui"nc"s Il or laws,
while she refuses 30 achao" edge the au-
lhoTi,y Gom which they cnanatc. And
ec mistake ibc people Of that State If they
10 not uow resent tie necrs-i,y under
which they are placed 10 respect proyis-
iouaiiy tLc postal and rnycuur laws Of
hateful Goycrnmcnt. As it appears, how
ever, that the Postmaster Of Charleston,
in reply TO letter from thc Postmaster
General states that he still considers him
self a. holding his Office under ." Govern
meut of the nitcd States tor all moneys
coming into his hands as. Postmaster, it
may be hcld that the same con-idcration-
Of public dignity do not call for a repeal
or suspension Of the postal service in South
Carolina. 10 withhold from her people
the benefit Of the Federal laws Which she
acknowledges, might seem Ike an attempt
to punish her for theoretical contumacy,
and the United States can well afford, in