Year: 1860

slow decay of time, and of defying the storms
OF ages. Indeed, well may the Jealous patriot
of that day have INDUCED felrs that a Govern
ment OF such high powers might violate the re-
served rights of the States: and wisely did
they adopt the rule OF a strict construction OF
these powers, 10 prevent the danger; but they
did not fear, nor had they any reason TO imag-
inc, that the Constitution would ever be SO in
terpreted as 10 enable any State by her own
act and without the consent of her sister
States. 10 discharge people from all or any OF
their Federal obligations


1t may be asked then, are the people of the
States without redress against the tyranny and
oppression of the Federal Government? By
10 means. The right Of resistance on the part
OF the governed against the oppression of their
Governments cannot be denied; it exists in
dependerty of all Constitutions, and has been
exercised at all periods Of the worlds history.
Under it old Governments have been DESTROYED,
and under il new ones have taken their place
II is embodied in strong aud express language
in our own Declaration of Independence: but
the distinction must ever be observed that this
is revolution against an established Govern
ment, and not voluntary secession from it by
virtue of an inherent constitutional right


In short, let us look the danger fairly in the
face. Secession is nothing more nor less than
revolution 1t may and it may not be justfa-
BILE revolution, but still it is revolution. What,
in the meantime, is the responsibility and 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"
From this obligation he cannot be absolved by
any human power.


But what if the performance of this duty, in
whole or in part, has been rendered impracti-
cable by events over which he could have exer-
cised no control? Such at the present moment
is the case throughout the State of South Car
Olina, SO far as the laws Of the United States
to secure the administration of justice 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 execution, have already resigned. We no
hnger have District Judge, District Attor-
ney, or Marshal in South Carolina In fact
the whole machinery of the Federal Govern
ment necessary for the distribution Of remedial
justice amorg the people has been demolished,
and it would be difficult if not impossible to
replace it. The only acts of Congress on the
statute book bearing on this subject, are those
of 29th February 1895, and Sd March, 1907.
These authorize the President, after he shall
have ascertained that the Marshal, with his
posse comitdtus, is unable 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 this service; having
first, by proclamation commanded the insur-
gents to disperse and retire peaceably to their
respective abodes within a limited time


This duty cannot by possibility he perform
ed in a State where no judicial authority exists
to issue process, and where there is 10 marshal
to execute, and where even if there were such
an officer, the entire population would consti-
tue one solid column to resist him. The bare
resistance OF these provisions proves how
inadequate they are, without further legiSla-
ton, to overcome united opposition in sin
gle State, not to speak of other States who may
place themselves in similar attitude.


Congress alone has power to decide whether
the present laws can or cannot be amended so
rs to carry out more effectually the objects OF
the Constitution.


The same insuperable obstacles do not lie in
the way of executing the laws for the collection
of the customs. The revenue still continues to
be collected as heretofore at the custom House
in Charleston; and should the Collector untor-
tunately resign, a successor may be appointed
to perform his duty. Then in regard to the
property Of the United States in South Carroll.
ma, this has been purchased for fair equivalent
by the consent of the Legislature of the State
for the erection of forts, magazines, arsenas, &C.
and over these the authority "to exercise exclu-
sive legislation" has been expressly granted. by
ed that any attempt will be made to expel the
United States from this property by force; but
if in this l should prove to be mistaken the Off
Ger in command Of forts has received orders to
act strictly on the defensive. In such contn
gency, the responsibility for consequence would
rightfully rest upon the heads of the assailants
Apart from the execution of the laws. SO far
as this may be practicable the Executive has
no authority to decide what shall be the rela
tons between the Federal Government and
South Carolina. He has been invested with
no such discretion. He possesses no power tc
change the relations heretofore existing between
them, much less to acknowledge the independ
ence of that State. This would be to invest |;
mree executive officer with the power ofrecogni
zing the dissolution Of the COnfederacy among
our thirty-three sovereign States. 1t bears DC
resemblance to the Reorganization of foreign Dc
facto government, involving no such responsible
ty. Any attempt to do this would, on bis part
be naked act of usurpation. 1t is. therefore, my
duty to submit to Congress the question in al
its bearings The course of events is so rapid
ly Fastening forward that the emergency may
soon arise when you may be called to decide tht
momentous question, whether you possess the
power, by force of arms, to compel State tC
remain in the Union. l should feel myself re
creant to my duty were l not to express al
opinion on this important subject. The ques
ton fairly stated is: Has the Constitution dele
gated to Congress the power to force a State
into submission which is attempting to with
draw or has actually withdrawn, from the Con
federacy? Ii answered in the affirmative, i
must be on the principle that the power ha
been conferred upon Congress to declare aut
make war against a State.


After much serious reflection have arrived
at the conclusion that no such power has beer
delegated TO Congress. or to any other depart
ment Of the Federal government 1t is mani
fest upon an inspection of the Constitution
that this is not among the specific and enumer
ated powers granted to Congress, and il i
equally apparent that lis exercise is not "neces
sary and proper for carrying into execution
any one of these powers. So far from thi
power having been delegated to Congress. i
was expressly refused BY the Convention which
framed the Constitution. 1t appears from the
proceedings Of that body on the 3lst Of May
! l.S.. that the clause authorizing an exertioI