Abbeville Press, 1860-12-14

I jLiie oniy Acta oi uon?rcs3 on tne sla'ute book, bearing upon ibis subject, arc those of the ?28lh February, 1705, and 3d March, 1807. These authorize ihe President, after he shall have ascertained that the marshal with his posse comitutus is unable to executo civil or criminal process in any paiticular case, to call forth the militia and employ the army aud navy to aid him in pet forming this service, having first by Proclamation commanded the insurgents 'to disperse and retire j peaceably to their respective abodes, within a limited time.' This duly cannot by possibility be performed in a State where no judicial authority exists to issue process, and whero there is no mar&hid to execute it and where, even if there were such an officer, the entire population would constitute one solid combination to resist him. The bare enumeration of these provisions proves how inadequate thoy are without further legislation to overcome a united opposition in a single State, not to speak oi other States who may place themselves in a similar attitude. Congress alone has power tadecide whether the present laws can or connot be amended so a* to carrV out more effectually the objects of tbp Constitution. The sartye insuperable obstacles do not lie in the way of executing the laws for the . collection of tl.e customs.* The revenue still continues to be coliccted as heretofore at the Custom House in Charleston.; and , should the Coljeetor-iunfortunately resign, r a successor may le nppoiuted to perform , this duty'. _ - ' Then in regard to the ^property of the United States in South Carolina, This 'has been purchased.for a fair equivalent, 1 it ~ . e ii 1 t ' -

j the power of a State, like an individual, to uj- yield a portion of its sovereign rights to secure the remainder? In the language of lt Mr. Madison, who has been called the U father of\he Constitution; 'It was formed ;e by the States? that is, by the people in )r each of the States, acting in their highest ,s sovereign capacity ; and formed consequenn consequenntly - tly consequenntly by the same authority which formed ,e the State Constitutions.' jt 'Nor is the Government of the United n. States, created by the Constitution, less a n. Government in the strict sense of the term el within the sphere of its powers, than the jjj governments created by the Constitutions of the States are, within their several )0 spheres. It is, like them, organized into ilo legislative executive, and judiciary depart( ments. It operates, like them, directly on persons and things y and like them, it has at command a physical force for executing to the power committed to it. e3 It was intended to be perpetual, and not e? to be annulled at the pleasure of any one ^ of the contracting parties. The old artiufl' cles of cpnfederation were entitled 'Arti[jjj cles of Confederation and Perpetual Union p. between the States;' and by the 13th nt articles it is expressly doclared that 'the ej articles of this Confederation shall be inviolfthlv ohser.VMl li\r ftr?rv nnil tlin

elusion lliat no such power lias bceu delegated to Congiess, or to any other depart* ryent of the Federal Government. It is manifest, upon an in spcction of tlio Constitution that this is not among the specific, and enumerated pwersgranted to Congress; and jt is equally apparent that its exercise is not 'necessary and proper for carrying into execution' any one of these power?. So far from this power having been delegated to to Congress, it was expressly refused by the Convention whiuh framed tho Constitution. It appears, from the proceedings of that body, that on the Cist May, 1787, tho clause 'anthorizinf/ an exertion of the, force i of the whole ar/ulnst a delinquent S.tntc,' came up for consideration. Mr. Mad'uoa opposed it in a brief but powciful spcech, from which I shall extract but a single sentence. lie observed: 'The use of fore? against a fctate would look more like a declaration of war. than an intliction of punishment; and would probably be considered by the party attacked as a disolu-lion of all previous compacts by which it might bo bound.' Upon his motion the clause was unanimously postponed, and was never, I believe, again presented. Soon afterwards, on the 8:h June, 1/87, when incidentally adverting to tho subject, ho eaid: 'Anv Gov. rnmciit for the United

sent 01 congress, lay any amy 01 tonnage ; j keep troops, or ships, of war, in time of peace; enter into any agreement or compact with another State, or with a foreign power; or ongage in war, unless actually invaded, or in such imminent danger as will not admit ot delay.1 In order still further to socure the uninterrupted exercise of these high powers against interposition, it is provided 'that this Constitution and the l.iwa of theUni. ted States which shall be made in pursuance thereof, and all treaties made, or which shall be mado, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the Constitut on or laws of any State to the contrary notwithstanding.' The solemn sanction of religion has been superadded to the obligations of official dutyt and all Senators and Representatives of the United States, all members j pi. StAte Legislatures, and all executive j and judicial officers, 'both of the United i States and of the several State?, shall be bound bv oath or nffirnintinn to siinnorf.

spoke, that 1 sufficient unlo the day is the j evil thereof.' The day o( evil may never j coiiu1, unless we shall rashly bring it upon I ourselves. It is alleged as one cause for immediate j secession that the Southern Slates are tie? j nied equal rights with the other States in | the common Territories. But l>y what authority are these denied? Not l>y Congress, which has never passed, and I believe never will pass, any act to exclude slavery from these Territories ; and* certainly not by (lie Supreme Court, which lias solemn- j ly decided that slaves are property, and ' like all other property, their owners have a | right to take them in the common Territo- j ries, and hold them tliero uudcr the protection of the Constitution. So far then, as Congress is concerned, the objection is not to anything they ImVo already done, but to what they may do bere1 after. It will surely be admitted that this apprehension of future danger is no good reason for an immediate dissolution of the Union. It is truo that the Territorial Leg j'-j^Hture of Kansas, on the 23d of February,

j He 13 bound by the solemn oath before 'jrod and the country Ho take car^ tliat j the laws be faithfully executed,' and from ( this obligation he cannot be absolved by j any human power. B.ut what if the per- j formance'of this duty, Ln wholy or part,! has been rendered impracticable by events over which he could have exercised no | control. Such, at the present moment, is! the case throught the State of South (Jaro ! Una, so far as the laws of the United States to secure the administration of jus tice 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. VVe no longer have a district Judge a district attornej', or a marshal, in South. Carolina, ln fact the whole machinery of the Inderal Government, necessary, for the distribution of remedial justice among the people, has been demolished and it would be difficult, if not impassible, to replace it. mi - 1* A a n .?