Year: 1860




fear, nor had they any reason to imagine
that the Constitution would ever be so in.
terpreted as TO enable any State, by her
own act, and without the consent Of hen
sister States, to discharge her people from
sll or any Of their federal obligations.


Il 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 governed
against the oppression Of their govern
ments cannot be denied. 1t exists inde-
pendently Of all Constitutions, and has been
exercised at all periods Of the worlds his
tory. Under It's old governments have
been destroyed, and new ones have taken
their place. It is embodied in strong and
express language in cur own Declaration
of independence. 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 adherent Constitutional right ID
short, let US look the danger fairly in the
face: secession is neither more nor less
than revolution. 1t may or it may not be
justifable revolution, but still it is revo-
luton.


What in the mean time, is the response
bility and true position of the ExecutiveP
de is bound by solemn oath before God and
the country ''tO take care that the laws be
faithfully executed, and from this Obliga-
ton he cannot be absolved by any human
power. But what if the performance OF
this duty, in whole or in part, has been rem
dered impraoticable by events over which
he could have exercised no control? Such, at
the present moment, is the case throughout
the State Of South Caroline, so far as the
laws of the United States to secure the ad-
ministratiOn OF justice by means of the Fed
erHl Judiciary are concerned. All the fed
eral officers within its limits, through whose
agency alone these laws can be carried into
execution, have already resigned. We no
longer have q District Judge, District
Attorney, or a 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 it would be difficult
if not impossible, to replace it.


The only acts Of Congress on the statute
book bearing Upon the subject, are those Of
18th February, 1895, and Sd March, 1907.
These authorize the President, after he shall
have ascertained that the Marshal with his
posse commitatps, 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 perform
ing this service, having first, by prOclama
ton commanded the insurgents ''to dis
perse and retire peacesbly to their respect
i've sbOdes, Within,a limited time" This
duty cannot by possibility be performed in
a State where no judicial authority exists
to issue process, and where there is no Mar
shal TO execute ii, and where, even if there
were such an officer, the entire population
would constitute Que solid combination to
resist him.


The bare enumeration of these provis-
ions proves how inadeq uate they are with
out further legislation TO overcome united
opposition in single State, not To speak of
other States who may place themselves in
a similar attitude. Congress alone has pow
er 10 decide whether the present laws can
or cannot be amended so as to carry out
more effectually the objects of the constitu-
ton.


The same insuperbable 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, q
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 fair equivalent, "by
the consent Of the Legislature of the State"
''for the erection Of forts, magazines, arse
nails" SC, and over these the authority ito
exercise exclusive legislation" has been
expressly granted by the Constitution to
Congress. II is not believed that any at
tempt will be made TO expel the United
States fran this property by force; but if
IN this l should prove TO be mistaken, the
Othcer in command of the forts has received
orders to act strictly on the defensive. In
such a contingency, the responsibility for
would rightfully rest upon
The heads of the assailants.


Apart from the execution Of the laws, so
lar as this may be practicable, the Exeeu-
i've has no authority to decide what shall
be the relations between the Federal Gov
srnment and South Carolina. He has been
invested with no such discretion. BE pos
,esses no power to change the relations be-
.Ween them, much less 70 acknowledge the
Of that State. This would be
o invest mere Executive officer with the
power Of recognizing the dissolution of the
among our thirty-three sovsr-
.ign States.


Ii bears no resemblance to the recognition
# foreign de JaetO government involving
10 such responsibility. Any attempt to do
hat would, on his part be a naked act Of
1t is, therefore, my duty to
ju smit to Congress the whole question in
III its bearings. The course of events is so
'apidly Fastening forward, that the emer-
yency may soon arrive, when you may be
JAILED upon to decide tho momentous oues-
ion whether you possess the power, by
force Of arms, to compel State to remain
n the Union. l should feel myself recre-
INT to my duty we're not to express an
opinion on this important subject.


The question fairly stated is Has the
Constitution delegated to Congress the pow
IT to coerce a State into submission which
s attempting to withdraw or has actually
from the COnfederaoy2 If an
IWered in the affirmative, it must be on
he principle that the power has been con-
erred upon Congress to declare and to
make war against q state After much
erious reflection have arrived at the con
ilusiOn that no such power has been dele
rated to Congress or to any other depart
net Of the Federal Government. 1t is mani
ested, upon an inspection Of the Constitu
ion, that this is not among the specific and
powers granted to Congress;
md it is equally apparent that its exercise
s not necessary and proper for carrying
ntO execution" any one Of these powers.
10 far from this power having been dele
sated to Congress, it was expressly refused
" the Convention which framed the Con-
titution.


1t appears from the proceedings of that
,Ody, that OF the 3lst May, 1887, the clause
an exertion Of the force of
he whole against delinquent State" came
lp for consideration. Mr.. Madison oppos-
d il in a brief but powerful speech, from
which I shall extract but single sentence. |
Ie observed THE use Of force against


l.. II :