Year: 1860

each of the sovereign States, has pre-
cisely the same right to exercise its
power over the people of all States in
the enumerated cases; that each one Of
them possesses over subjects not des-
ignated to the United States, but re-
served to the States respectively, or to
the people. To the extent of the dele
gated powers, the. Constitution of the
United States is as much part of the
Constitution of each State, and is as
binding upon the people as though it
had been textually inserted therein.
This Government, therefore, is great
and powerful government, invested
with all the attributes of Sovereignty
of the special subjects to which its au-
thority extends. Its trainers never in
tend to implant in its bosom the seeds
of its own destruction, nor were they;
at its creation, guilty of the absurdity
of providing for its own dissolution.


1t was not intended by its trainers
to be the baseless fabric of a. vision,
which, at the touch of the enchanter,
would vanish into thin air, but SUBJ
stantial and mighty fabric, capable of
resisting the slow decay of time, and
of defying the storms of ages. Indeed,
well may jealous patriots of that day
have indulged many fears that gov
ernment of such high powers might
violate the reserved rights of the States,
and wisely did they adopt the rule of
a strict construction of those powers,
to prevent the danger; but they did
not fear, nor had they any reason to
imagine, that the Constitution would
be SO interpreted as to enable any
State, by her own act and without the
consent of her sister States, to dis
charge her 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 no means. The right of resistance
on the part of the government against
the oppression of their governments
cannot be denied it exists independent
of all constitutions, and has been ex-
ercised at all periods of the worlds his
tory. Under it old governments have
been destroyed, and under it new ones
have been replaced. 1t is embodied
in strong and express language, in our
own declaration Of Independence, but
the distinction must ever be observed,
that this revolution against the estab-
lished government, and not voluntary
secession from it by virtue of an inhe-
rent constitutional right.


In short, let us look the danger fairly
in the face: Secession is nothing more
nor less than revolution. 1t may or it
may not be justiiable revolution, but
still it is revolution. What, in the
meantime, is the responsibility and true
position of the executive, bound by
solemn oath before God and the coun-
try to take care that the laws be faith
fully executed? From this obligation
he cannot be resolved by any human
power. But what if the performance
of this duty, in whole or in part, has
been rendered impracticab.e by events
over which he could have exercised no
control? Such at the present moment
is the case throughout the State of
South Carolina. So far as the laws of
the United States to secure the admin
istration of justice by means of the
Federal judiciary is concerned. all the
Federal offices within its limits, through
whose agency alone these laws can be
carried into execution, have already re-
signed. We have no longer District
Judge, or District Attorney, in South
Carolina. In fact, the whole machinery
of the Federal Government, necessary
for the distribution of remedial Justice
among the people, has been dcmol-
ished, and it would be difficult, if not
impossible, to replace it. The only
acts of Congress on the statute book
bearing upon this subject, are those of
the 2Sth February, 1895, and Sd March,
1907. These authorize the President,
after he shall have ascertained that the
Marshal with his posse comitatus is
unable to execute civil or criminal pro-
cess in any particular case, to call forth
the militia, and employ the army and
navy to aid him in performing the SER
vice; having first, by proclamation,
commanded the insurgents to disperse
and return peaceably to their respec-
tive abodes within limited time. This
duty cannot. by any possibility, be per-
formed in State where no judicial au
thority exists to issue process, and
where there is no Marshal to execute,
and where, even if there were such an
office, the entire population would
combine in one solid column to resist
him.


The mere resistance of these provis-
ions proves how inadequate they are
without further legislation, to overcome
united opposition in single State,
not to speak of other States who may
place themselves in similar attitude.
Congress alone has power to decide
whether the present laws cannot be
amended SO as to carry out more effec-
tually 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
unfortunately resign, successor 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 8 fair-euuiva-