Year: 1860

WHOLE NU. III.


the States respectively, OF to the people,
To the extent Of the delegated powers the
Constitution of the United States is as much
q part OF the Constitution of each State, ,anG
is As binding on the people as though it had
been actually inserted therein.


This government, therefore, is a great
and powerful government invested with all
the attributes Of sovereignty over the spe.
cial subjects to which its authority extends


1t may be asked, then, are the people Of tie
State without redress against tyranny and
oppression of the Federal Government? By
no means. The right of resistance on the
part of the governed against the oppression
of their governments cannot be denied. 1t
exists independently Of all constitutions,
and has been exercised at all periods Of the
worlds history, but the distinction must
ever be observed that this is revolution
against an established government, and not
voluntary secession from it, by virtue Of
an inherent constitutional right. In short,
let US look the danger fairly in the face: Sc.
cession is neither more nor less than rcvo-
luton. It may or may not be Z justihable
revolution, but still it is revolution. What,
in the mean time, ia the responsibility and
true position Of the Executive He is
bound to take care th't the laws be faith
fully executed, and 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 i'm.
practicable by events over which he could
have exercised no controli Such at the
| present moment is the case tkrougout the
State Of South Carolina. 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 car
ried into execution, have already resigned
| We no longer have District Judge, a
District Attorney, or Marshal In South
Carolina. In fact. the whole machinery Of
the Federal Government necessary for the
distribution Of remedial justice among the
people has been demolished, and 1t 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
| February %, 1895, and March 3, 1907
These authorize the President, after he
shall have ascertained that the Marshal
with his posse con,mitatus is unable to exc
cute civil or criminal process in any parti.
, cular case, to call forth the militia and EN-.
ploy the army and navy to aid him in per.
| forming this service, having first by procla.
nation commanded the insurgents to dis.
perse or retire peaceably to their respective
| abodes within limited time. This duty
cannot by any possibility be performed in a
State where no judicial authority exists to
issue process and where there is no mar.
shall to execute it, and where, even if there
were such an officer, the entire population
would constitute one solid combination to
resist him. Congress alone has power to
decide whether the present laws can or
cannot be amended so as to carry out more
efectually the objects Of the Constitution
| The revenue still continues to be collected
as heretofore at the Custom House at Char
lesion, and should the collector unfortunate
ly resign, a successor my be appointed to
perform this duty. 1t is not believed that
any attempt will be made to expel the
United States from its property there, by
force but If in this should prove to be
mistaken, the officers in command have re.
ceived orders to act strictly on the defen.
sive. In such contingency, the responsi.
bility for consequences would rightfully
rest upon the heads of the assailants.


In reference to the recognizing of seced.
ing State as an independent Government by
the President, he says such recognition
would be naked act of usurpation on his
part, and it is his duty to submit to Con.
gress the whole question, in all its bearings.
The probability Of an emergency soon
arising when Congress will be called on to
decide the question whether it possesses
the power to compel State to remain in
the Union, authorizes him to express the
opinion that no such power has been dele.
gated to Congress, or to any other depart
ment of the Federal Government. 1t is
manifest that this is not among the specific
and enumerated powers granted to Con-
gress, and it is equally apparent that its
exercise is not necessary and proper for
carrying into execution any one Of these
powers. The President declares that to
make war upon State is at variance with
the spirit of the Constitution; and after
having conquered State, how are we to
govern it? We could not govern it by
d"spotic power, nor could not by physical
force compel its people 10 elect Senator
and Representative, and perform all other
duties appertaining to an independent
State. The fact is that our Union rests
upon public opinion, and can never be &C.
mented by the blood Of its citizens shed in
civil war. If it cannot live in the affections
of the people, it must one day perish. Con-
gress possesses many means Of preserving
it by conciliation, but the sword is not
placed in their hands to preserve it by force


But may be permitted solemnly to invoke
| my countrymen to pause and deliberate be.
fore they determine to destroy this, the
greatest temple which has ever been dedi-
| Gated to human freedom since the world
began. 1t has been consecrated by the
blood Of our fathers, by the glories Of the
past, and by the hope Of the future The
Union has already made us the most pros
porous, and ere long will, if preserved, rem
der us the most powerful nation on the
face Of the earth. In every far region Of
the globe the title Of American citizen is
held in the highest respect, and when pro-
nounccd in foreign lands it causes the
hearts Of our countrymen to swell with
honest pride. Surely when we reach the
brink Of the yawning abyss we shall recoil
with horror from the fatal plunge. BY
such dread catastrophe the hopes of the
friends of freedom all over the world would
be destroyed, and long night of lcaden
despotism would cnshroud tho nations.
Our example for more than eighty years
would not only be lost, but it would be
quoted as conclusive provf that man is
unfit for selcgovernment. The slavery
question. like everything human. will have
its day. firmly believe that it has alrea-
dy reached and passed the eliminating
point, but if in the midst Of the exissine
excitement the Union shall perish, ths evil
may then become irreparable. Congress
can contribute much to avoid it by propos-
ing and recommending to the Legislature