Presidents -- United States -- Messages; United States -- Politics and government -- Sources
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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