New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-07-30


must OF necessity employ physical powerio AID them
10 enforcing the laws, whenever they have TO deal
With di-ofedient and refractory subjects and their
legal power and ri2h TO DO 20 is unqnesonabe. The
night OF the courts 20 call out the whole power Of 10
county TO enforce their judgments j. IA old "a the
common Law ;eand tho right Of the PRECEDENT 10 nee
force IN the performance Of his legal duties If not only
inherent in bis Office bat has been frequently recognized
and aided by Congress. One striking example Of ths
is ihe act Of Congress Of March s. 1907 e Sat- ADJ
which empowered the President, without tie lDier-
yenion Of any court to the Marshal, and, II he be
insufficient 10 use the army, snmmanly ID exItl ln'
truders and uateIs upon the public lands And that
power has been frequently eXercised Without re fr
az know, a question If IL legality 70 call, az IS
sometimes done, the judiciary the civil power, and he
Presdent tie military power, seems TO me al once
mistake of fact and an abuse OF language.
While the judiciary and the President, az depart,
ments Of the general government are coordinate, equal
IN dignity and power, and equally trusted by ne NV,
in their respective spheres, there L. nevenIele.-
marked diversity in the character 81 their funeons
and their modes Of action. The Judiciary II, Tor Tie
most part passive II rarely, If ever, takes the nlta-
tive; II seldom never legns an operation Is gfe'
function is Judgment, and, III the exercise oil ih.l Iuc
tion &c ia confined almost exclusively to cases not se-
lsded by i'sel', but made and submitted by OTHERS.
The President the contrary, by the very Nature o.
his office, il active; be must often take the lhlsuVei
he must begin operations. His great function ls eAec
iion for he is required by the constitution ana nc 70
tie only department that is required, TO take care
that the laws all tie laws) be Faithfully eNeculeui
and in the exercse of that function, his duiies ale CO.
extensive with the laws Of the land. .
Often, he TO the aid Of tho Judiciary, ID tne
execution of Its inc gments and this ls only par,
and small part, Of bis constitutional duty, 70 lsho
care that the laws be faithfully executed say u Il
small part Of his Duty because for every lDsAhte ia
which the President executes the Judgment oil coa,
there are hundred instances III which he executes lh
law without The Intervention Of tie Judiciary ala
without referring at sll TO its functions.
have promised this much in order 10 show tIe sep
4 lid gi
mems Of our government and 10 indicate the nelha-
bic difference. in their modes Of ection, ard the ehar
acteTis,ic diversity Of the subjects upon WLch hey
o.erate and ell ills foundation for the answers
which will now proceed to give 10 tbe particular
questions propounded 10 nc.
AZ TO lie first question: am clearly OF opinion thai
in time ike the present, when the very eAence q
The nation is afsaIled by great and dangerous iruf
rection the President has tie lawful discretionary
power to arrest and hold in custody persons known 10
have criminal utter oure with the insurgents, or per
against whom there is probable cane iVr slfll'
con Of such criminal comp lciy. And thiDk TINS 20
nlon can DO maintained, in view OF The lflh'lpes
already laid down, by a very plain argument .,
The Constitution requires The President, before lie
enters upon the lon OF his Office, 70 take al oh
thst re twill faithfully execute the office OF Pr.sienb
of the United States and WILL 10 the beet Of nis ab!i-
ty, preserve project, and defend the Consultation oil
The United States
Tie duties Of the office comprehend all the executive
power of the nation which Is expressly vested IA the
President ty the Constitution, article section l. ana
also al, the powers which are specially oelegnttd 20
tie President, and ct are not IA tier nature eAc.
tive powers. For example, the veto power, Inc
tIesty making power, the appointing power VI. par
dming power. Thee belong 90 that class "i''h IN
England are called pregVgatiye power, inherent III
tie Crown. And yes he framers OF ouT toutIiI'ieh
tborght proper 10 preserve them and 70 Ntst them IN
the President as necessary tie good government ol
the country. The executive pOWe { aIe grained gen
orally and without specifications tie powers hO' eN-
ecuive are granted specially, ind Tor purposes Oh
IN no az Tie Consultation. ANA all
thee DC embraced within the duties Of TIE fTtfi-
dent and are clearly within that clause OF ne oiih
which requires him ~ faithfully execute TIE once q
PRECEDENT
The L., clause Of the oath Is peculiar 70 the Prei
dent. All the other officers o. Government aro 70.
qurci 20 swear only " 10 slW OF this tonsitguoni
while Prc-.deIt swear 20 'prc-ervc, protect
and defend il, which implies Tie power TO perform
vba, be is required in solemn manuerto undertake
And then follows The broad aud compCndiOus iulunc-
ton 20 take that tie lave be faithfully exc.
clted' And ibis junction, embracing a. u does al
tie laws- Constitution, treaties, staiuie-i- addT,fssd
TO the piesi lent alone and not 10 any other DEPART
mcnt or Office 4 the Government. And ibis con. i-
tutee him. in peculiar minuer, and above all other
oil ers the guardian OF the COnsnOn-lH pftsefNeT
protector and offender.
Ii j. the plain duty Of tie President ard bis peculiar
duty above and beyond The other departments Of the
Government 20 preserve tie Constitution and execute
the laws all over the nation and i; is plainly impos
Ill le for him 10 perform this duty without putting
down rebellion, insurrecuon, ind all unlawful CON-
binatons 20 rtsist the General Government Ire duty
90 suppress the insurec1n being obvious and npef-
alive the two acts Of Congress, Of 1928 and lSl come
TO bis aid and furnish Ito phyicai force which be
needs 10 suppress the resurrection and execute Tue
lave Tbose two acts authorize the President 10 en-
ploy for tat purpose the militia, the army and the
navy.
The argument nav be briefly stated thus. Il il the
President bounden duty put down Il insunection,
~ lin the language Of tie act Of H3Jl the con bina-
tions too powerful 20 be suppressed by tie ordinary
fudi 1 BY Tic Ncffed
in the narshas.' And this duty il imposed upon the
President for the very that the courts aha tie
warshals are too weak 10 perform II. The manner IN
which he shall perform THAT duty Il not prescribed BY
any law but the means OF performing 1t are gwen ~
the pln language OF the statutes, and they ore all
means Of fcrce-ibe militia, the army and the navy.
The end the suppression OF the insurTecii ~ 10 re-
0uired Of him: the and instruments 10 suppres
i, are lawfully in biz hands but the manner IN which
he shall use them is not prescribed and could not DO
prescribed without a fOreknoNledge OF Al The future
changes and contingencies OF tie instruction. lie u
therefore necessarily, thrown upon hs dfcrcilOn a.
10 the manner which be will use his ineaus 10 meet
the varying exgencies they arte. II the Insurgents
ashq the nation with an army be may Ind u beet 10
meet them with army and suppress the instruction
in the field of battle. II they seek 70 prolOng the re-
beOn aud gather strength by Intercourse with foreign
Iaons, he may chOore TO guard the coast and elose
the ports with a navy, as one OF tie most t;leht
neaLs 10 suppress toe lusUrrectior And II they en-
ploy spies and cmis-aies 10 gather information, TO
forward secret supplies, and 10 excite new infur-
rectons in aid Of tie original rebellion, le may find it
both prudent and humane TO arrest and imprson them
And this may be done, either for the purpose OF
bringing them TO trial and condign punishment for
their eilisee or they msy be held in custody for the
mder end Of rendering them powerless FOR mischief
until the exigeney Is past.
IN such state of things the President must, Of ne
cessy he the cole judge, both OF the elgency which
requires him 10 act and Of the manner In which II -
mot prudent for lin 10 employ the powers intrused
a...lls "A IL