The weekly pioneer and Democrat., 1861-01-25

That Is the next proposition, that nobody
sees any practical difficulty about But, sir,
it is totally impracticable-totally impossi-
bic. Take case. A citizen Of New York
owns vessel which loads with Q cargo of
assorted merchandise, part free, part owing
duty, and consigns it to Charleston. He en-
ters the harb0r. Under the law he is
obliged to make entry of his vessel, to pro-
duce bis manifest, and to 60 through certain
other formalities. He goes on board your
ship-of-war, sees the collector, and complies
with the orders. What nextf There are no
duties paid yet, and the man who has right
to the free goods has no duties to pay. You
cannot prevent him from going to the wharf
and discharging them. There is no law to
be executed there against an individual.
But will take it for granted that the
whole cargo is duty-paying cargo, and all
belongs to one man, who does not mean to1
pay your duties. You are no better oil.
The man declines to enter bis cargo. What
Is the law? The master OF the vessel wants
to 20 away. He is entitled by law to report
to the collector that be is ready to deliver
bis cargo, that nobody is there to enter it.,
and that be demands that bis cargo be dis
charged. and put in public store; and under
that be may 60 upon bis new voyage; and
you cannot change that, unless you change
the law for all the ports of the United
States. Or be may 60 further: the importer
may go to the collector, and say, II want
to enter my cargo in warehouse" and be
gives bond signed by himself and solvent
iellow-citlzen. that they will pay the duty
when be takes the goods out of the ware
house. Then you must let him put those
goods into the custom house warehouse; and
you cannot change that law either, without
changing it Tor the whole United States;
because you cannot, under the Constitution.
by any regulation of commerce, give any
preference to the ports of one State over
those OF another.
Mind you. you are ut peace; you are not
coercing state; you are merely executing
the laws against individuals |! You cannot
do it, without breaking up your whole ware
house system you csnuot do it, without
treaking up your whole commercial system
10 every part of the cOniederacy. Your
goods are ashore; they are in government
warehouses; but you have not got the duties.
A rush upon the warehouse, aud the goois
are taken out. You have got bond, but
you have no court to sue 1t 10; and If you
had, you would have no jury to forfeit it,
because the jury would be told by the court
or at all events by the lawyer who defended
the defendant, that the government bad no
right to collect that bond; that it was usur-
patton which required him 10 give the
bond.
This whole scheme, this whole fancy, that
Al 1e kofa
issued in an authoritative form, and in her
collective capacity as state, as being ut.
terIy out of existence; that you can treat the
state as still belonging collectively to the
confederacy, and that you can proceed,
without solitary federal officer in the state
to enforce your laws against private individ-
uals, is as vain, as idle; and delusive, as any
dream that ever entered into the head of
man. The thing cannot be done. 1t is only
asserted for the purpose of covering up the
true question, than which there is no other:
you must acknowledge the independence of
the seeding state, or reduce her to subjec-
tion by war.
SENATOR DOUGLAS, OF ILLINOIS.
Senator DOUGLAS. on the Sd, 10 the course
of an elaborate speech, gave his views as
follows on the subject of coercion:
We are told that the authority of the
government must be vindicated; that the
Union must be preserved that rebellion
must be put down; that insurrections must
be suppressed, and the laws must be enforced.
| agree to all this. am in favor of doing
all these things according to the Constitu-
ton and laws. No man will 60 further than
to maintain the just authority of the gov
ernment. to preserve the Union, to put down
rebellion, to suppress insurrection, and to
enforce the laws. would use all the powers
conferred by the Constitution for this pur-
pose. But, in the performance OF these
| important and delicate duties, it must be
borne in mind that those powers only must
be used, and such measures employed as are
authorized by the Constitution and laws.
Things should be called by the right names;
and facts, whose existence can no longer be
denied, should be acknowledged.
Insurrections and rebelions, although
unlawful and criminal, frequently become
successful revolutions. The strongest gov
ernments and proudest monarchies on earth
have often been reduced to the humiliting
necessity of recognizing the existence of
governments de facto, although not de jure, in
their revolted States and provinces when
rebellion has ripened into successful revolu-
ton, and the national authorities have been
expelled from their limits. In such cases
the right to regain possession and exact
obedience to the laws remains; but the
exercise of that right is war, and must be
governed by the laws of war. Such was the
relative condition of Great Britain and the
American colonies for seven years after the
declaration of independence. The rebellion
had progressed and matured into revolution,
with q government de facto, and an army and
the complaints of the colonies unfOunded,
| refused to yield to their demands, and
proceeded to reduce them to obedience; not
by the enforcement of the laws, but by
military force, armies and navies, according
| to the rules and laws of war. Captives
| taken in battle, with arms in their hands,
fighting against Great Britain, were not
executed as traitors, but held as prisoners of
war, and exchanged according to the usages
of civilized nations. The laws of nations,
the principles of humanity, of civilization,
and Christianity, demanded that the gov.
ernment de facto should be acknowledged and
treated as such. While the right to prosecute
war for the purpose OF reducing the revolted
provinces to obedience still remained, yet it
was q military remedy, and could only bs
exercised according TO the established prin-
ciples Of war. :.
1t is said that, after one of the earliest
engagements, the British General threatened
to execute as traitors all the prisoners he
had taken in battle; and that General
Washington replied that he, too, had taken
some prisoners, and would shoot two for one
until the British General should respect the
laws of war, and treat his prisoners accord
ingly. May Divine Providence, in His