Year: 1860

periods OF the worlds history. Un0er " oIu gov


ernments have been destroyed, and under it new


ones have been replaced. 1t is embodied in strong


1nd express languagein our own Declaration oi In


dependence but the distinction must ever bO obserV-
ed, that this is revolution against an established
! government and not o voluntary secession from


it by virtue Of an inherent constitutional right


THE PRESIDENT PowERLEss TO coRRcE SOUTH
4 CAROLINA.
4 In short, let us look the danger fairly in the


face Secession is nothing more nor less than
revolution. 1t may or it may hos be justi6able


revolution. What, in the meantime, IS the respon-


sibility and true position Of the executive, bound
by solemn oath before God and the country to take


care that the laws be faithfully executed2 From


this obligation he cannot be absolved by any hu-


man power. But what if the performance of this


duty, in whole or in part, has been rendered i'm
practicable by events over which he could have
exercised no ccnlro? Such at the present mo
ment is the case throughout the State OF South
i Carolina. So far as the laws os the United States
to secure the administration Of justice by the Fed
eral Judiciary is concerned, all the Federal Off


GERS within its limits through whose agency alone
those laws could DO carried into execution, have
already resigned. We have longer District


Judge, or District Attorney, in South Carolina. In
fact. the whole machinery Of the Federal Govern


ment, necessary for the distribution of remedial
justice among the people, has been demolished,
and it would be difficult, ii not impossible, to re-
place it. The only acts of Congress on the stat
ute book bearing upon this subject those Of
f. the 2s,h February, 1795, and 50 March, 1907


These authorize tie President after he shall have
ascertaned that the Marshal with his posse COM
m itatus is unable to execute civil criminal pro-


cess in any particular case, to call forth the mill
tia, and employ the army and navy to aid him in
f performing the service, having FIRST by proclama-
S ton, commanded the insurgents to disperse and
return peaceaby to their respective abodes within
, limited time. Tni5 duty cannot by any posi-
bility, be performed in a State where no Judicial
authority exists to issue process, and where there
is no Marshal to execute, aud where, if there
f were such al officer, The entire population would
combine in solid column to resist him.
! THE QUESTION SUBMITTED TO CONGRESS-.
The mere resistance of these provisions proves


how inadequate they are without further legisla-
ton. to overcome united opposition in single


State, not to speak Of other States who may place
themselves in similar attitude Congress alone





not be amended so as to carry out more efeo,uslJ


the objects of the Constitution. The same insuper
able obstacles do not lie in the way of executing
the laws for tho collection of the customs. The
revenue still continues to be collected as hereto
fore at the Custom House in Charleston, and


should the collector unfortunately resign. sue


cessor may be appointed to perform this duty.


Then, in regard to the property OF the United
States in South Carolina, this has been purchased


for fair equivalent, by the consent of the Legis


laure of the State, for the erection of FORTS mag


azines, arsenals, &c. and over these the authority


to exercise exclusive legislation has been express
ly granted By the Court to Congress, 1t is not
, believed tha: any attempt will be made to expel
the United States from this property by force but
, if in this should prove to be mistaken the officer


in the command of the forts has received orders TO


act strictly on the defensive. in such eontin-
gency, the responsibility for consequences would
rightfuly rest upon the heads of the assailants
/ part from the execution of the laws, SO lar as


this may he practicable, the Executive has no au-
! thority to decide what shall be the relations be-
> tween the Federal Government and South Carroll
na lie has Leeu invested with no such disere
tion. lie possesses no power to change the rela-





to acknowledge the independence of that state.


This would be 20 invest mere Executive officer


with the power Of recognizing the dissolution of the


confederacy among our thirty-three sovereign


States. 1t has no resemblance to the recognition


of foreign deJdcto government involving no
such responsibility; any attempt to do this would
, on his part be naked act OF usurPaiion. 1t is,


therefore, my duty to submit to Congress the


whole question in all its bearings. The course of
events is so rapidly Fastening forward that the
emergency may arrive when you may be called


upon to decide the momentOus question whether
, YOU possess the power, by force of arms, 20 COM
pei u state to remain in the Union. should feel
: myself recrssnt 10 my duty ware not to express


al opinion on the important subject,


CONGRESS NO AUTHORITY TO COERcE.
The question fairly stated is Has the constitu-
tion delegated to Congress the power to force a
state into submission which is attempting to with


draw, or has actually Withdrawn from the confcd-
eracy? If answered in the Affirmative, it must be
on the principle that the power has been conferred
. upon Congress to declare and make war agains.
State. After much serious reflection have arri-
we'd at the conclusion that such power has been
delegated to Congress TO any other department


of the Federal Government. It is manifest, upon


an inspection of the Constitution, that this is not


among the specific and enumerated powers grant


ed to Congress; and it is equally apparent that its


exercise is not necessary and proper for carrying


into execution any one Of these powers.


u AN HISTORIC FACT.


So far from this power having been delegated to


Congress, it was expressly refused by the COnVeu-
ltion which framed the Constitution,


1t appears from the proceedings Of that body, on


the 3Ist Of May, I7S7, that the clause authorizing


an execution Of the force Of the whole against a.
delinquent State came up for consideration. Mr..


Madison opposed it in BRIEF bot powerful
speech from which shall extract but single