The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-21

We have no doubt that patriotic and un-
prejudiced citizens Of both sections, North and
South, will be entirely satisfied with the expo
sition of the duties and determination of the
PRESIDENT as set forth by the Acting Secre-
tary of State in the recent Executive commu-
nication TO DIR. COLLINS. Whilst the PREsI-
DENT makes the Fugitive Slave Law no eX-
cepon from his general and fixed purpose TO
take care that the laws of the United States be
faithfully executed, yet in discharging this high
duty he must in this, as in every other in
stance, take care also that he causes the law TO
be executed according TO lnc.
BY the Constitution, indeed it is made his
duty, and he is empowered ''to take care that
the laws be faithfully executed;" but that pro-
vision does not vest him with the discretionary
power of interfering, by such means, at such
times, and In such manner as he may deem pro-
per for that purpose. BY the Constitution it is
for Congress TO '.make all laws necessary and
proper for carrying into execution" all ''powers
vested in the Government of the United States
or IN any department or office thereof" The
PRESIDENT, therefore, in the discharge Of this
power, is TO follow such law as Congress may
have passed; to use such means al such times,
and In such manner the law shall have
directed. Now, Congress has discharged
its constitutional duty by passing laws pro-
vidng for calling forth the militia to execute
the laws of the Union, and placing the army
and navy at the command of the PRESIDENT for
that purpose. This force is to be used only
when the laws shall be opposed or the execu
cution thereof INSTRUCTED by combinations too
powerful to be suppressed by the ordinary
course of judicial proceedings, or by the powers
vested in the marshal, and the PRESIDENT is
required, before calling out this force, to ''com-
mand, by proclamation, the insurgents to dis
perse and retire peaceably to their homes"
Ii is evident, therefore, that this law con-
templates, as necessary to constitute a case for
the employment by the Executive of the mill
tary force, two things: first, that the powers
vested in the marshal shall have been executed,
or at least that an attempt made to execute the
law by the means placed at his command shall
have proved abortive; and, secondly, that the
opposition shall have been made by men en-
bodied, drawn from their homes, and acting
together under some organization. For how
can it be found that the ordinary powers of the
marshal are insufficient, unless some effort
has been made by him to execute the law,
unless he has attempted to enforce 1t and
called in the posse to assist him2 And how
absurd would be proclamation commanding
those to dispense, who had never assem-
bled, and 10 retire 10 their homes who
had never left them. Whilst then the PREsI-
DENT feels himself bound, and has resolved to
discharge his high duty, he feels himself no less
bound and resolved to discharge it only accord
ing to law. To assume a general and indef-
mite control over the subject-to arrogate TO
himself the right TO employ the military force
against any portion Of the people Of the country
in cases and in a manner not warranted by the
law, would be to violate the law himself in the
very act Of compelling others TO obey it-would
be TO set an example Of INSTRUMENTATION to the
law, and to usurp an authority beyond the law
which would be Of more dangerous tendency
than the combinations against it which he was
endeavoring to suppress. II may be that the
acts of Congress on the subject are defec-
tive, and the powers conferred upon the
President inadequate; but, if 50, that is
defect to be remedied by Congress, and not If
regularly supplied by Executive assumption.
On the contrary. the President feels himself
bound TO act according TO the law, as well in its
spirit its letter, to yield to any intimation Of
the legislative will, and not to assume any
power which is not expressly conferred, or at
any rate any power which is implicitly forbid
den. II is to him manifest that no case exists
in Boston for the exercise Of his power to call
forth the military force, or to issue the prelimi-
nary proclamation directed by law.
But should such case arse-should the
power Of the marshal be found Intellectual in
consequence Of such combinations as are refer
red to in the acts Of Congress-however much
the President would deplore the necessity Of
embcdying the militia or marching the troops
Of the United States against insurgent citizens,
he would not for a moment hesitate or falter in
his course; but would, by all the force placed at
his command-miltia-arm il neces-
sary-"take care that the law should be faith
fully executed
The Latter to DR.. Collins, and the Opposi-