New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-10
OPINION OF THE ACKNOWLEDGEMENT.
IO.fcial Paper.l

ATTORNEY EyERAL's 0FTICE, Nov. 90, 1850.
SIR: have had the honor 10 receive your note Of
the 17tb and now reply to the grave questions there
in vroT rounded us fully rs the time allowed me will
permit.
Within their respective spheres of action the Federal
Government aud the Government of STATE Are both OF
item independent and supreme, but each is utterly
poweIess beyond the limits assigned to il by the Con-
stitution. Ii Congress would attempt 10 change the
law Of descents to make new rule Of personal success
sion or to dissolve the family relations existing in any
State, the act would be simply void, but not more void
than would be State law prevent The recspture of
fugves from labor TO forbidt the carrying Of the mails,
or to stop the collection of ducs imports. The will
Of q State, whether expressed in it, Constitution
laws, canuo., while IL remains in the COnicdcracy,
ebclve per people from the duty Of oboying the just
and Constitutional requirements OF the Central Govern
melt. Nor can any act Of the Central Government
GislaCe tie jurisdiction Of State, because the laws OF
the United States are supreme and binding only 70 far
~ q are PASSED ~ pursuance Of tie Constitution.
/ do not say what nil be effected by revOlu-
tonary force. am speaking OF legal and constitutional
light.
This il the view always taken by the judiciary, and
so universally adopted that the statement Of it
may seem commonplace. The Supreme Court Of the
United States Las declared 1t in many need
only refer You 10 the United States Ggt. Booth,
wheie Il present Clicf Justice, expressing the mani
nous opinion OF himsef and all his brethren enunciat
Cd the Goclme IN terms so clear and lul that any fur
thcr demonstration Of il can scarcely lie required.
The duty which these principles deyOlye not only
upon every officer, but every citizen is that which Mr..
Jefferson expressed 50 compendiousy III his first nau
gura namely; To support the State Governments in
AL their rights as the most competent administrations
for their domestic concerns, and The suIest bulwarks
against anti-republican tendencies" combined with
tie preservation OF the General Government, in Its
whole constitutional ygor, the sheetanchor OF
Te8ce at home ard safety abroad
To the Chief Executive Magistrate Of the Union il
COnfded the solemn duty OF seeing the laws faithfully
executed That he may be able to meet this duty with
power equal to its Performance, he dominates bis
own suboIdinates and removes them at his pleasure.
For the same reason the land and naval forces are
under lis orders as theT COmmandcr-n-chief. But
bis POWER r to be used &sin the manner prescribed
by the legislative deparuieM He cannot accomplish
a legal purpose by Illegal means, or break the laws
himself to prevent them from being violated by others
The acts OF Congress sometimes give the President
broad discretion in the Of the means by which they
are 10 be executed, and sometimes limit bis power
that he eXercse IL only in certain prescribed man.
uer. Where the law directs thing TO be DONE with
out saying bow, that implies the power to such
me6lls 10 may be necessary and proper TO accomplish
the end of the Legislature. But where the mode Of
performing duty IL pointed out by statute that is the
exclusive mode, and no other can be- followed. The
United States have common law TO fall back upon
when the written Law is defective. IT, therefore, an
act of Congress declares that certain thing shall be
done by particular officer, it cannot be done BY d.
feIcnt officer. The agency which the law furnishes for
lts execution muo be used, 20 the exclusion Of all
others For instance the revenues Of the United States
are be collected in certain way at certain estab-
hshed porte, and by certain class of officers; the
Pre- jdCnt has authority, under any circumstances to
collect the same revenues at other places by different
sort OF officers, in ways not provided for Even il
the machinery furnished by Congress for the collection
of the duties should by any become dernged
broken up that il could not be used that would not
b. legal reason for substituting different kind Of
machinery in Ito place
The law requires that all goods imported into the
United States within certain collection Districts shall
be entered At the proper pot, and the duty thereon
fGD be received by the Collector appointed for aud
dg 1t ha port. But the functions of the Collector
nay b. exercised anywhere at or within the port.
There is no law which confines him TO tho Custom
House, OK 10 any other particular spot. II the Gus
tom-HOuse Were burnt down, he might remove TO an
other building; Il lac driven from the shore, no
might 20 boGrt vessel in the harbOr. If be keeps
within the port, he is within the law. pom
* II place to which merchaldise IL imported,
and from wheace it is exported. 1t is
created by Law. j is not merely Garbor or haven,
for il my be established where there is nothing but IN
epen ro1fsaad or on tie shore Of a nayigable river,
o. ~ any Other place where vessels may arrive and
dicharge, or take in tieir cargoss. Il compTehends
be city or town which H. occupied by the maIiner,
~haIts. and other, who are engages in the bust
less If mpo ling and exporting goods, navigating the
,ips, ard fuynisIling them with proysiont. IL in
u es sO 10 lNucb Of the water adjacent 10 the city
M il us,v y oco,Vied by vessels dschagDg recev.
ng beu cargcos, W lying nj anchor and waiting for
rat purpose.
1be frs section OF the act Of March 9 1888 author
,fI The President in CeItan contingency to direct
hal The Cnaom.Iouse' for any collection district be
Stabilized and kept IN ,qHy secgre place T54, soae
or or hayLor At Sack d. Tc, either upon laud or
osrd any yeesel. But this provision vas temporary
nd ,Ynied M The end Of The eston Of Congress noM
fterward. il conferred upon le Executive right to
move the site Of the C1rtom Mouse, not merely TO
ny secure place within the legal ~eslaGshed port Of
liIy for the dftIict-tLa right be .&d beore-but u
any poyf Or horI0r within the whole District The