Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-10-15
TUESDAY MORNING. OCTOBER l5. 1851


part of the communication, and as such r.
ported to the Convention lie stated at tn
same time, that it was from no indlspostlo
that it should be known, but from an appr'
hension he entertained that it would not
correctly reported, and that any irregula
communication was liable to misconceptior
There was an implied understanding bctwcc
us that we would not detail that conversation
and, Of course, my colleagues have refraine
from so doing
Mr.. PREsroE-I think the President OF
served that what transpired there vas unde
confidence between gentlemen.
Mr.. STuART.-The gentleman reminds IN
that he expressly said, that what was said II
the interview referred to was under conidenc
between gentlemen. know that the obllga
tion existed. | speak Of it as an obligation
which do not mean to violate.
But | may be permitted to say that did no
conceive that a good portion of that conVeTsa
tion should 80 without an answer. In tn
interview, sir, my colleagues will remember
upon my own responsibility, disclaining an,
authority from them, and protesting to speat
for myself alone, gave to him very planl,
my views of his conduct and of bis admin
istraton. ! feel, sir, that there is no obligation
pf sc:'csy upon me to withhold from .:ir "a
vcntiofl.w haL said That is my scul'e' .'..t
is subject to my control; and, while it may
not be Of much interest, yet, Us il may SlIed
soulc little light upon the character OF the in
lcrvicw. will state, SIS fully rs can, wha!
my remarks tn him were
| stated TO him, that whilc | could readily
perceive his sense Of obligation TO unlnrco the
Iaw, and could give him credit for sincerity in
his attempt to cnfoicr it, yet that | must &c
permitted to sag TO him, liIat thought nc had
fallen ntn q great error. instancrd, in tic
first piacs, tire revenue Law, anu stated that he
ought to remember that while nc was under
an obligation TO enforce The lrw, the las Itself
provided agencies ard instrumentalitlcs by
WHICH they were io be enforced and that it
was AZ much his obligation to pursue the nod,
pointed out By the law, rs it vas to execute
the iay itself These agencies, | said, were
part TN! icc OF the law, and he was o1und
to re<p:ct them; and remarked that WHEN
ever he undertook 10 depart from the lnoi;
which the law pointed out for its own enforce
mcut, &c was no longer enforcing the law, :ut
usurpmg power not conferred upon h'm BY
las', and that did 10. exist | stated much 0n
the subject OF the collection Of dHlies, and At
length came 10 where, - regards the lighter
duties, the Collector is authorized 20
make all the machinery nccesSs;y for the
collection Of the revenue. 'ihcn stated 10 him
,hat, rs his machinery did nat cXiS.. his au-
ilroriy ceased with it, lie could oHiT execute
the laws through his agency, a1A whcn this
agency 10 longer cXita,; he had II" ri sht L.
suhstitut" uii.c!s than tho3" wiI;:h tho Law !;
self provided. | th@i, reirrr'ri 10 tic case Of
ibe courts remarked tr hin ;ilat the power
to l;se Inc military authority 0i the country
was in nil cases subordinate to the civil pogcI !;
that it could only be used as ancIiiary or sub
siliary to the civil power; and that As soon
rs the Courts ceased 70 exist, and the civil an-
thorily vas Withdrawn from the seeded
States, he had no authority to employ the mil
itary bower for the enforcement Of tho laws,
and that any attempt to do so by him would
be violation Of the law, instead Of m enforce
ment Of it.
| then referred to the forts. stated to him
that cherished the hope that he would fnd
it consistent with his sense of duty to with.
draw his troops, at least from those forts which
were, strictly speaking, local that he might
find it consistent with his sense OF official OBJ
lisatipn to Withdraw the troops from Fort
Sumter Fort Pickcns, and any ether local
forts which had 20 great national functions 10
perform; but which were Intended for the de.
fence Of the particular locality in which tiry
we're situated. 1t seems, sir, that was max
ing the same discrimination, by accident, in
regard to the forts, which was made in this
Convention drew distinction between the
forts which understand TO be national and
those that were local. referred to Fort Sum
ter and the Tortugas, and stated that whilst
the latter might be regarded as national in
their purposes, as fulfilling national functions
which interested New York and Massachusetts
even more than Florida, yet, that when II
came to these local forts, | could conceive that
there was no public necessity for his retaining
them. said TO him that upon this subject
his power was penary that as Commander
in chief of the Army and Navy Of the United
States, be had power 10 dispose Of these forces
as to him seemed most cxpcdlcnt
referred to the fact that 1t was All every
dav occurrence to evacuate forts which II
was no longer expcdent to hold, and had
cherished the hope that he would find that II
vas no longer cxpcdient to hold For'
Sumter or Fort Pickens, because they were
no longer necessary for purposes of local de-
fence: at least for the present. stated that
he might have Withdrawn the troops from
these forts without any remuneration Of the
jurisdiction Of the United States over them
but that ne might have made public procla
matii,n Of his purpose in withdrawing the
troops that it was in the interests Of peace,
and that he would make IN appeal to The pen
plc of the country to adjust these diStractlnS
issues which now are upon us. stated to
him that his predecessors had admitted that
these questions were too grave and i;:iort;n!
to be dealt with By the Executive Or hcgiSia-
five authority Of tile country; that the only
mower competent to deal with them was either
a Convention or Congress Of tho United States,
through the Legislatures. At this point he
interru. tied inc by saying tina! he made that
appeal thanked him for referring To the
fact. ard assented to the truth Of it, that he
had, in his inaugural Address, Proceeded to
make that appeal to The people of the United
States but reminded him that he made that
appeal after the Congress Of the United States
had adjourned. I reminded him Of the fact
that the Congress of the United States was
the only agency through which response
could be obtained to that appeal. here
stated that it had been my expectation and
hope, that in fulfilling the policy enunciated 1T
his Inaugural, he would have felt called upon
to conyckc Congress to carry out the policy
which he indicated in his Inaugural; but
caiu! his attention to the fact, that inste@d o
enforcing the policy indicated by that lnau-
gnral, in carrying out this appeal after having
addressed the appeal to an aroitcr of his o~r
selection, ba(orc that arbiter had gone upon
the Judgment scat, he prejuasca the result O
The appeal by his course. icItlt due to my
srlf to make these remarks to the President,
which were, az near as can recollect, withou
any pretneditaton or previous preparation.
Now, desire to say few words more.
confess, sir, that, like my friends who were
associated with me, regard the President:
answer as in the highest dDgree unsatisfactory
regard it, while courteous in form, rs a!mos
hostile in intent. But must confess further
that was utterly unpreparcd for the develop
ments which have taken place since All TIT
&C, nt, mind c0ulI draw iron