The New York herald., 1860-12-10

al cthers for instance, the revenues OF the United
states are 10 be collected in certain way at certain
established ports and by certain class Of officers the
President has no authority under any circumstances
sort Of officers, in ways provided for Even the
machinery furnished by Congress for the collection OF the
duties should by any become deranged or bro
ken up that il could not be used, that would be
legal for substituting different kind Of machinery
! in its place
The law requires that all goods imported into the United
States within certain collection districts shall be entered
the proper port and the duty thereon shall be received
by the Collector appointed for and residing at that port
But the functions Of the Collector may be exercised
where at within the port There Is no law which con
sn" M II the custom h"uso WERE burnt down. he might
removed to another budng if be were driven from the
shore he might on board vessel in the harbor he
keeps within the port he Is within the law. port Is
place TO which merchandise is imported and from whence
is exported. 1t is created by law. It is not merely
harbor haven for may be established where there
nothing but open roadstead the shore OF navi
gable river, or at any other place where vessels may
rive and discharge or take in their cargoes 1t compre
hends the city town which occupied by the mariners,
merchants and others who engaged in the business
Of importing and exporting goods, navigating the ships,
and furnishing them with provisions II hhdndes also SO
much OF the water adjacent to the city is usually
pied by vessels dischsrgng receiving their cargoes
lying At anchor and waiting for that purpose
1be first section of the act of March 1888, authorized
the President in certain contingency TO direct that the
custom house for any collection district be established
and kept in any place within some port or harbor
OF such district either upon land board any vessel
But this provision was temporary and expired at the end
of the session Of Congress afterwards II conferred
upon the Executive right TO remove the site of the
custom house. not merely TO any secure place within the
legally established port of entry for the distrct-tha
right he had bcfore-but widened his authority 80 as
TO allow the removal Of il TO any port or harbor within
the whole district The enactment Of that law and the
limitation Of il to certain period Of time now past is
not therefore argument against the opinion above
pressed that necessary order the duties
osr % os snry Whether the rs, and h sections Of the
Of 1883 both Of which We're made temporary by the
eighth section should be reenacted Is question for the
Sour right 10 take such measures a. may seem be
necessary for the protection of the public property is
very clear II results from the proprietary rights OF the
government OF the forts arsenals magazines,
dock yards navy yards custom houses public ships and
other property which the United states have bought
United States is authorized by the constitution (art
81 'to exercise exclusive legislation in all cases
whatsoever all places purchased by the consent
Of the Legislature Of the state in which the same shall be
for the erection Of forts magazines arsenas dock yards
and other needfu buildings 1t is believed that no
important public building has been bought erected
ground where the Legislature OF the State III which
it Is has not passed a law consenting to the pnr-
chase of II and ceding the exclusive jurisdic-
tion. This government then is not only the owner Of
those buildings and grounds but, by virtue Of the su
preme aud paramount law II regulates the action and
punishcs the offences Of all who are within them II any
of owners rights is palmer than another, IL
that of keeping exclusive possession and repcng ntru
sion. The right of defending the public property in
cudcs also the right Of recapture after has been un
lawfully taken by another. President Jefferson held the
opinion and acted upon IT, that he could order military
force 10 take possession of any land 10 which the United
States had title though they had never occupied be-
though a ",
though not then needed nor proposed to be used
for any purpose connected with the operations Of the
government. This may have been stretch Of Executive
power but the right Of retakng public property IN which
the government has been carrying It's lawful business
and from which It's officers have been unawfully thrust
out cannot well be doubted and when Was exercised
a Harpcrs Ferry in October 1859, every Que acknow-
ledged the legal justice of II.
come now 10 the point in your letter which is proba-
hy Of the greatest practical Importance BY the act Of
1907 may employ such parts Of the land and naval
forces you shall juagc necessary fur the purpose Of
II Is lawful the militia for the same purpose BY
the net Of 1895 the militia may be called forth whenever
the Of the United States shall be opposed or the exc
cuton thereof obstructed in state by combinations
too powerful be suppressed by the ordinary course
Of ncis proceedings, or by the power vested in the
ma This imposes upon the President the sole
sponsbty of deciding whether the exigcncv has arisen
which requires the of military force; and IN proper
ton 10 the magnitude OF that responsibility WIN be h's
care 10 overstep the limits VI his legal aud just autho
fhc laws referred To in the nc, Of 1875 msnifcsy
those which administered by the judges and exc
cuted by the ministerial officers ~ the courts for the
punishment d crime against the United states for the
protection of rights claimed under the federal constitution
and laws and for the enforcement Of such obligations
within the cegnizance Of the federal Judiciary To
compel obedience To these laws the courts have authority
o. punish all who obruct their regular administration,
and the marshals and their deputies have the same
powers sheriff aud their deputies In the several states
In executing the laws ~ the states. These the ord
nary means provided for the execution Of the laws and
the whole spirit of our system opeed 70 the employ
ment cf other except In cases OF extreme necessity
them Their agency must continue n be used until their
ncapaci,y cope with the power opposed 90 them shall
be plainly demonstrated II only upon clear evidence 10
that effect that q military force be called into the
neld Even then is operations must be purely defensive
II suppress only such combinations az are found d
recty tfps ng the laws aud obstructng the execution
thereof Il do more than what might and ought
10 be done by civil posse, civil posse could be raised
large enough meet the same opposition. ON such oc
casions especially the military power must be kept In
strict subordnan ~ the civil authority, since II Is only
M aid of The latter that the former can act all.
Rsat hat he ant
States should become universal that the federal officers
themselves fnendng judges district attorneys and mar
sign their placesS 0f ihe hrst step would bo 10
appoint others In their t,Cad others could be got 70
serve But in such tNt "a Is more than probable
that great dficulty would nIng the Offices.
We easily conceive how might become altogether
n, w. e. ~ aa arc ~ ar" ~ cg, !, ,.ns nd,rs
process and ministerial officers 70 execute H. ia that
event troops would certainly be out ~ place. and their
wholly Illegal II they seut TO aid the courts and
marsha there must be courts and marshals t. be aided
Without the exercise Of those fnnctlons which belong
cuied in event, no matter what may be the phy-
scai strength which the govcrnmeu, has a, IT. com.
maud. Under such Circumstances, 10 send mil.
tary force into any state with orders TO act against
,he people would be simply making war upon them.
The existing laws pot and keep the federal government
strictly the defensive You force only to re-
pei assault the public property aud aid the courts
IN the performance ~ their duty II the means gwen
Won h. collect the and execute the other laws be
insufficient Coz that purpose Congress may extend aud
make the m more sffeetuai o. that end
~ cf the Ntnfee Shou1 uetart thuiptnu'hs''
your action cannot depend rpon the ghtfunes ~ the
cause up0n which such declaration s based. Whether
,hr retirement stsie from the Union be the exercise
OF rizht reserved In the constitution or revolutionary
movement certain that you have not In either case
the authority 80 recognise her independence OF 70 ah
solve her from Der federal obligations. Congress or the
other states in convention assembled must take such
measures may he necessary and proper Ia such 81,
event FOR Won but o 60 straight onward
in tho path you have hitherto troddenhat j.. execute
the laws the extcut of thu defensive means placed ~
your hands and act generally upon tho assumption that
tfc present constitutional relations between the States
and the federal government continue To- exist until
new order cf thns shall be established either by law or
force
whether Congress has tho constitutional right ~ make
war against states and require the Executive
of the federal government 20 carry On by means of
force be drawn from the othr states question for
Congress itself 10 consider " must be admitted that no
such power y expressly given nor are there ANY words
in the constitution which imply ". Among the powers
enumerated IN article section v that 70 declare war,
grant letters of arque and reprsa and " mako rules
q ncern ng captures hand and water" This certainly
means nothing than the power ~ commence and
carry On hoees against tho foreign enemies Of The na
tp Another clause IN the same section gives tongcss
the power ssto provide ealing forth tie militia, and
~ nee them thin the limits of the state Bot this power