New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-10

sht against Ito ~ mon above ed, that yon can
row. il neccffary order tie dutes 90 be collected
card vessel uide of any established port Of entry.
Whittier I, frtt end 9Th sections Of The act Of 1888
both oi hch Were made temporary by tho eighth sec
ton etould lie r,tnacted ID question for the sgsla
tive del aItUert.
Your right TO take such meaafes as may seem to-hc
necCfary fer TIE protection Of the pub L. property Il
very clear. II rcsults from the proprietary riZhs Of
the Government owner OF tho forts, arscnal-,
mapagirca docI-yards, navy-yards, castom-hnnnes,
public hi e. and other property, which the United
Stsief have bought, bail, and raid for Bessdes the
Government Of the United States Is authorized Ivy the
Constitution (Art. !, rec. - 30 exercise exclusive
Ieeislaiion in all eases whatsoever o.er all
ao,s pur, hated by the consent OF the lsslatnre of
lie State in which tie ZANE shall be for the
erection Of fors, magazines, argeuals, dock-yards,
ard oler recdful buildngs.' II is beloved that no
important public building has been bought erectel
on ground where the Legislature If The State in which
s. hes not passed Law consentng 10 the purchase
Of il and ceding the exclusive jurisdiction.
This Government, then, ia mot only the owner
Of thofe buildings and grounds, BIT by virtue of the
srrI,no and Tar mOdut law it reg3tes the action and
pu hes tie oenses 0f all who 8rs within them lfany
one Of an owners rights is plainr than another. IT is
thu, Of keel ing exclusive possession aud rerellng IN
tuiiou. The right Of defending the public property
inCndes also tie night of recaFure after has been
unlawfullv taken by another. President Jefferson
held tfe OF on ard acted upgn it, that he could order
military force TO take possession OF any land to
which the listed States tad tile, though they hid
is ed and hid it, and though was not then needed
uor propoeed to b. used for any purpose connected
with the operations Of the Government. Ills may
lave been . stretch Of Executive power; but the
right of retakng pubic property IN which the Gov
eruu eut has been carrying its lawful business, and
from yyldci its officers have been unawfully thrust
ont cannot well be doubted; and when II was exer-
cised al Harpers Ferry, in October, 1859, every one
atknoy lodged the legal juftice Off.
cone now to he point in your letter which is prob.
ably of the greatest practical Importance By the act Of
1907 You may employ such parts OF the land and naval
fOrces YOU shall Judge necessary for the purpose oil
cau,inp tie laws TO be duly executed in all cases
where it is lawful TO use the militia for the came pur.
pore. BY the act Of 1888 the militia may be called
forth whenever TIE laws of the United States shall
be opposed the execution thereof Obstructed IN any
state by combinations too powerful 90 be suppressed
ty tie ordinary of Judicial proceedings, or by
the POWER vested in the Marsbas. This imposes upon
the President tie fole responsibility OF deciding whether
the eXgeuey has arisen which requires the use OF nli
tay force and in proportion to the magnitude OF that
responsibility will be bis not TO overstep the limits
Of bis legal and iust authority.
The WIS loferT, 10 in the act of 1885 maniestly
these which are administered BY the Judges and exc
cuted by the ministerial officers of The courts for the
punishment ofCrne against the unied States for the
protection of rights claimed under the Federal Cous,l
luton andlaws and for the enforcement of such obl
pti, ne ae Gene will in the cOgnizance Of the Federal
judiciary. To compel obedience TO these laws the
courts lave authority 10 punish all who obstruct their
regular administration, and the mar-hals and their
q
depUes in TIE several States, in executing the Laws of
the States. 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 ont OF
great and unugnal combinations against them Their
agency continue TO be used until their ncapaclty
10 cope with the power opposed 10 them shall be plain
" demonstrated. II il only upon clear evidence 10
Tint effect that "A military force be called into the
field Even then it's operations must be purely defcn-
five. II suppress only such combinations AS are
found directly opposing the laws aud obstrucng the
execution thereof. Ii can do than what might
ard ought to he done by civil posse, if civil posse
could be raised large enough 10 meet tie same opposi-
ton. On such occasions especially - military power
must be kept in strict suboldinaonS civil author
y since il is only in aid Of the latter that the former
can act AT all.
But what il the feeling in any State against the
United States should become universal that the
Federal officers themselves Including Judges, district
attOrnev-, aud maIshals) would be reached by the
zane Influences and resign their Places OF the
rst step wOuld be to appoint others In their steal
others could be got to serve. But in snch an event,
il il than pre- babe that great difficulty would be
found in Cling the Offices. We can etsily conceive
how il might become altogether impossible. We are
therefore obliged 10 consider what can be done in ease
we have no courts TO issue judicial process and no
iuifteiia officers to execute il. In that event troops
would certain Is lie ont Of place, and their wholly
Heal u they sent to aid the court ard marshas,
there must be courts and maIshGls 10 be aided With
ont tie CXcTGse of those functions, which belong
exclusively 70 the tlsu service, lIe IiNs cannon Dc
eNccutCd in any event, 10 maiicr what may be the
phyrical strength which the Government has at IFS
command Under such circumstances, TO send Mill
tary force into any State with orders TO act against the
vcGI L. would be simply making war upon them.
The exiting laws put and keep the Federal Govern
ueut strictly on the defensive. You force only
to rerel an assault the pubic property and aid the
Courts iii the performance OF their duty II the means
given ven collect the revenue and execute the other
laws be insufficient for that purpose, Congress may
extend and make them efectual to that end.
If one of the States should declare her independence
your action cannot depend upon the ghtfulne- of the
cause upon which such declaration is based. Whether
the retirement Of State from the Union be the eXer
else Of right reserved in the Constitution, or revo-
uOnaTy movement, it il certain that you have not IN
either case the authority 10 recognize her independence
or 70 absolye her from her Federal obligations. Con
g1ees, or the other States, in convention assembled,
must take such measures 10 may be necessary and
proTer. In such event see no for you but
Ia 20 straight onward ia the path You have hitherto
troCden that Is execute the laws TO the extent OF the
defensive means place. in yOurhNnds and act generally
upon the assumption that the present constitutional
relations between the States and tue Federal Govern
ment continue 10 exist until IA new order Of things
slel BE- established, either by law or force.
Whether Congress has the constitutional right 10
make war against one more States, and require the
Executive OF the Federal Government 10 carry it on by
means of force TO be drawn from the other States il
auction Tor Congress itself 10 consider. II must be
admitted that no such power il expressly given; nor
are there any words i'll the Constitution which imply
il. Among the powers enumerated in article / sec
ton l. that 40 declare war grant letters Of maraue
and rcprsa and TO make rules concerning captures
land and water" This certainly means nothing more
than the power to commence and curry on hosllilies
against the foreign enemies Of the nation. Another
clause in the fane section gives Congress the power
10 provide for calling forth the militia" and TO use
them witt in the limits Of the State But this power il
10 rcstIicted by the worde which immediately follow,
that it Gun b. eXercised only for one of the fol-
lowing puIo.cs: I. 10 execute the laws Of
the CniCn that il, TO aid the Federal officers
in the performance of their regular duties.
9 To suppress instructions against the States; but