The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1860-12-26

not merely to any secure place within the dE
trict-that right he had bsfore-but it wider
ed his authority so as 10 allow the removal (
it to any part or harbor within the whole di
trict. The enactments Of that law and the lin
itation Of it to certain period Of time mo-
past, is not, therefore, an argument against th
opinion above expressed that you can now,
necessary, order the duties to be collected o
board vessel inside of any established port Z
entry. Whether the first and fifth sections
the the act Of 1888, both Of which were mad
temporary by the eighth section, should be re
enacted, is question for the Legislative depart
ment.
Your right to take such measures as ma
seem to be necessary for the protection of tn
public property is very clear. 1t results fror
the proprietary rights of the Government a
owner Of the forts, arsenals, magazines, dock
yards, custom houses, public ships, and othe
property which the United States have bought
built, and paid for. Besides, the Government
of the United States is authorized by tn
Constitution (Art. |, Sec. S) to "exercise ex
elusive legislation In all cases whatsoever
all places purchased by the consent of tn,
Legislature Of the State in which the same
shall be, for the erection Of forts, magazines
arsenals, dock yards, and other need ful build.
ings" 1t is believed that no important ptbli,
building has been bought or erected on grount
where the Legislature of the State in which il
is has not passed a law consenting to the pur-
chase of it and ceding the exclusive jurisdc
ton. The Government, then, is not only the
owner of those buildings and grounds, but by
virtue Of the supreme and paramount law, il
regulates the action and Furnishes the offences
of all who are within Them. II any one OF an
owner rights is palmer than another, it is thai
OF keeping exclusive possession and repeline
intrusion. The right of defending the public
idcludes also the right Of recapture
after it has been unlawfully taken by another
President Jefferson held the opinion, and acted
upon it. that he could order military force to
take possession of any land to which the Unit
ed States has title, though they had never oc-
cupied it before, though private party claimed
and held it, and though it was not then needed
nor proposed to be used for any purpose con-
nected with the operations I the Government
This may hrye been stretch of Executive
power; but the right ofretaking public proper
ty in which the Government has been carrying
on its lawful business, and from which its Off
GERS have been unlawfully thrust out, cannot
well be doubted; and when IL was exercised at
Harper's Ferry in October, 1859, every one ac-
the legal justice of it.
come now to the point in your letter
which is probably of the greatest practical i'm
portance. BY the actof 1907 you may employ
such part cf the land and naval forces as You
shell judge necessary for the purpose of causing
the laws to be duly executed, in all cases were
it is lawful to use the militia for the same pur-
pose. BY the act of 1875 the militia may be
called forth Whenever the laws of the United
States shall be opposed or the execution there
Of obstructed in any State by combinations too
powerful to be suppressed by the ordinary
coursr ofjudical proceedings. or by the power
vested in the marshals. This imposes upon
the President the sole responsibility of deciding
whether the exgency has arisen which requires
the use of military force; and in proportion to
the magnitude Of that responsibility will be his
care not to overstep the limits OF his legal and
just authority.
The laws referred to in the act ef 1895 are
those which are administered by the
judges and executed by the ministerial officers
OF the courts for the punishment OF crime against
the United States-for the protection of rights
claimed under the Federal Constitution and
laws, and for the enforcement of such obliga-
tions as come within the cognizance Of the
Federal Judiciary. To compel obedience to
these laws, the courts have authority to punish
all who obstruct their regular administration,
and the marshals and their deputies have
the same powers as sheriffs and their deputies
in the several States in executing the laws oil
the States. s-
These are the ordinary means provided for
the execution Of the laws, and the whole spirit
Of our system is opposed to the employment Of
any other except in cases OF extreme necessity,
arising out of great and unusual combinations
against them. Their agency must continue to
be used until their incapacity to cope with the
nouvar or pncad to thar, eha n ba nla;nly dannn
strated. 1t is only upon clear evidence to that
effect that military force.can be called into the
field. Even then its operations must be purely
defensive. 1t can suppress only such combina-
tions as are found directly opposing the laws
and obstructing the execution thereof 1t can
do no moro than what might and ought to be
done by civil posse, il civil posse could be
raised large enough to meet the same opposition
On such occasions especially the military pow
sr must be kept is strict subordination to the
civil authority, since 1t il only in aid ol the lat
ter that the former can act at all. - s.
But what II the feeling in any State against
the United States should become SO universal
that the federal officers themselves (including
judges, district attorneys, and marshsls) would
be reached by the same influences and resign
their places? 0fcourse the first step would bt
to appoint others in their stead, ifothers could
be got to serve. But, in such an event, it il
more than probable that great difficulty would
be found in filling the offices. We can easily
conceive how it might become altogether i'm
possible. We are therefore obliged to conside,
what can be done in case we have no courts tc
issue judicial process, and no ministerial officers