What, in the mean time, 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 cannot 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 28th February, 1795, and 3d March, 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 out 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 cannot, 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.But why cannot the President appoint
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