A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
What, in the meantime, is the responsibility and true position of the
Executive? He is bound by solemn oath, before God and the country,
"to take care that the laws be faithfully executed," and from this
obligation he can not be absolved by any human power. But what if
the performance of this duty, in whole or in part, has been rendered
impracticable 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
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 carried into execution have already
resigned. We no longer have a district judge, a 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 this subject
are those of February 28, 1795, and March 3, 1807. These authorize the
President, after he shall have ascertained that the marshal, with his
_posse comitatus_, 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 performing this service, having first by
proclamation commanded the insurgents "to disperse and retire peaceably
to their respective abodes within a limited time." This duty can not by
possibility be performed in a State where no judicial authority exists
to issue process, and where there is no marshal 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 they are
without further legislation to overcome a united opposition in a single
State, not to speak of other States who may place themselves in a
similar attitude. Congress alone has power to decide whether the present
laws can or can not be amended so as to carry out more effectually 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 a successor may be appointed to
perform this duty.
Public-domain text, read in full here on John Shaqi.
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