The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1860-12-10

s,,,r we publish the opinion Of the Attor-
Sg;.neral OF she United States, the legal ad :
~ the Government upon the G uest tons
'.,lvs,i In cases Of disputed iurisdic ton and
...nr,,v between the Government of the
r,ts8 Sxtes and OF any State. u VIII be
s-.s ,ocouiain the legal defe.ice OF the posi-.
-. .s>Hs,ed by the President in so much Of
s.xssre as relates 30 the attempted seces.
: n5 any State from the Union, and the de.
a, which and the means by which tho
II The United States can be enforced
his The Jurisdiction cf such seeding State:
ATTORNEY GENERALS OFFICE,
November 2O, 1860 I
c,, have had the honor to receive your
:. ii the Eth, and now reply 10 the grave
s..,,ons therein proponnded as fully as the
90. .lloyed me Will permit
& "W,,hia their res specuNe spheres of action
&H 4, vadarsl Government and the Government
81 1I.sia,e are both OF them independent and
?. e..,sn,e. but each is utterly po werless beyond
ssPnmis assigned 10 ii by the Constitution
sa ....r,nsress would attempt 10 change the law
Ia - sa.rsrts to make new rule OF personal
s.,sssion, or dissolve the family relations
.r,.ung 10 any State, the act would be simply
"a hut not more void than culd be State
"T;o prevent the recapture of fugitives from
81 ,snor 10 forbid the carrying of the mails, or 10
.,on the collection OF duties on imports. The
81 III Of State, whether expressed in its Con.
'a,utiou or laws, cannot. while it remains in
,ss Coufederacy. absolye her people from the
SStv Of oAeying the just and constitutional re.
! oirsmepts Of the Central Government Nor
"a sn sny &C. of the Central Government dis.
81 mace the jurisdiction OF SIale, because the
81 sws of the United States are supreme and
hndirs only SO far as they are passed in pay-
81 ,rss. ef The Constitution. l DO not say what
N ht be efee ted by mere revolutiuary force
Am speaking OF legal and constitut ton al
ii right
,,srv, and SO universally adopted that the
sz,ement of il may seem csmmona place. The
Snnreme Court of the United States has de.
Z. 1Israd it IN many cases. 1 need only refer Won
Il 70 he United States VS.. Booth, where the D re-
ssa, Chief Justice, expressing the unanimo as
q onlaon Of himself and all his brethren eugn.
GATED the doctrine in terms so clear and full
that sny further demonstration OF it can
j. scarcely be req uired.
Il The duty which these principles deyolye
lo! only upon every officer, but every citizen,
perdiously in his first inaugural. namely "to
( support the State Governments in ali their
rgais, SIS the most competent administrations
;or their domestic concerns, and the surest It
talgslks against tanti-republican tendencies. y
coGaaed with 1.-The preservation of the Gem
ss sGovernment, in its whole coustitutionnI
ufor, as The sheet-anchor OF our peace az homa
and safety abroad"
To The Chief Executive Magistrate O: The
i Cnl9n Is connded the solemn duty of see: g
A the ssSs !altnfuily executed. That he NAV he
able 10 meet this duty with n nou,sr .n,ayy W "
us pelDfinance, ne nom1nStes hfs own subor
dlasies ana removes them st b - plessnrs Eor
Ae same reason the land aid naval forces ara
s sac.i MS oIuet as tneb commander in chief
ba! MS power Is TO Re used only in the mar
Lf prescribed by me legislative department
Hse.nnot "oeULplish legal purpose by ille-
E msans' o- break the laws himself to pre-.
ta' 'aem ifora being violated by others.
D lns acts of Congress sometimes siys ,ba
! IssIuen a broad discretion liz the usa of tn -
assL> Dy which they are 10 be exeout ted and
sm times limit his power SO that he can ex
tse II only in a certaJ-. prescribed manner.
Shere the Ia" oirScts thing to be done,
without saying Pow, that implies the power
70 use shch means as may be necessary and
proper 10 accomplish the end OF the Lagsla-
taIe Nv where the mode of performing n
cIyF. pointed out by statute, that is the ex-
aas.Se mede, and no other can be followed
I.- United States have no common law to
.lll back upon when the written law is defec
i've. II, therefore, an act of Congress declares
hat certain thing shall be done by a partic-
1lar officer, it cannot be done by different
,t1cer. The agency which the law furnishes
bits own execution must be used, to the ex.
elusi0n of all others. For instance. the rev.
eaaes OF the United States are to be coliec ted
Easertaln way, at certain established norts.
and ey q certain class OF officers; the Presi.
aeat has no authority, under any circum-
stances, 10 collect the same revenues at O ther
places, by different sort of officers. or in
Waysnot provided for. Even if the mac hin ary
furnished by Congress for the collection of the
duties should by any cause become So de-
ranged or broken up that it could not be used.
iaal weuld not be q legal reason for supsti-
latlhs different kind Of machinery in its
place.
The law requires that all goods imported
iA'0 me tnited States within certain collec-
uoH ulSl.lets Stall be entered at the proper
p1I' ana thg duty thereon shall be received
=, .ue ooi.ector appointed for and residing at
HN foG-. But the functions of the Collector
Ia! Vt exercised anywhere at or within the
te' There is no law which confines him TO
we custom house, or TO any other particular
tio1 II the custom house were burnt down,
Ae emlght remove to another bplding IL he
were driven from the shore, he might 60 on
poafc vessel in the harbor. II he keeps
within the port he is within the law. A port
,Na place 10 which merchandise is imported,
Saq from whence it is exported. tits created
:! la"' It's not merely harbor or haven
,0f Il may be es taslished where there is moth
lug oui an open roadstead, or on the shore of a
s"'ea3le river, or at any other place where
'r'aels may arrive and discharge or take in
.atfcargoes. Itcomprehends the city or town
NAieh Is occupied by the mariners, merchants
anu others who are engaged in the business OF
mupeftlng and exporting goods, navigating
.aesaips, and furnishing them with proyis-
"us IL includes also so much OF the water
a1Jaeeat to the city as is usually occupied by
'aseis discharging or receiving their cargoes,
IIylng at anchor and waiting for that pur-
pose
The first section of the act of March 2, 1888,
auhorized the President in a certain contin-
seucy TO direct that the Gus tom house for any
collection district be established and kept in
"y secure place tUtthiH some port or hdrbor Of
'dsi dissriet, either upon land OF on board any
vessel. But this provision was temporary,
hAld expired at the end of the session of Con-
Eess next afterwards. 1t conferred upon the
executive right 10 remove the site of the
NusIcm- house, not merely to any SECURE place
villain the legally established port of entry
!oF lhe district--the right he had before-but
H"iuened his authority so as TO allow the re-
u'oNal OF II 10 any port or hdr5or within the
Nnole district. The enactment of that law
u aHu lhe limitation Of IL to certain period OF
tlae now past, is not, therefore, 6r argument
asa'sst the opinion above expressed that you
Sau now, II necessary, order the duties TO be
,onected on board vessel inside Of any es-
asot arso.ished port Of entry. Whether the firstand
.'th sections of The act of 1888, both OF which
we're made temporary by tho eighth sestion,
tuouio De re-enacted, is question for the lcgis-
"!!ve department.
. iOuf right TO take such measures rs may
IN, IN 70 be necessary for the protection OF the
ruole property is very clear. Its results from
oas ne proprietary rights of the Goysrnment as
v"Ln "ner VI The forts, arsenals, magazines, dock
,sbS navy-yards, custom-houses. public
S,.i. and other property which the United
So eS nave bought, built and paid for. Be-
sN'a, Inc Government of the United States Is
sI,nofized ~ " by the Constitution CART. L, Sec.
cs." exercise exclusive legislation In ali
Ix - "hatsoever--over all places purchased
i. ,ae consent Of the Legislature OF the State
f,,s hich The same shall be for the erection OF
oIha, magazines, arsenals, dock-yards, and
\" ~. heeofnl buildings" II is believed that
or npOftant public building has been bought
Ihs ecteo on ground where the Legislature OF
conso, oale, In which it is, has not passed a law
,yafHeenung TO the purchase of il and ceding the
il i.usiVe rni Jurisdiction. This Government, .hen,
groupds Aiy the owner OF those buildings and
nsHus, but, by virtue of the supreme and