Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-03-10
From The World"
Powers of the President.


raj, that be will take care that the laws of
! the Union be faithfully enforced in all the
states, TO the e1tent of his ability. Under ex-
/ isting circumstances this is a most important
qualification. as the President himself virtu-
| ally acknowledges that, OF the large body of
United Stetes statues, the laws for the collec-
| ton of the federal revenue are the only ones
which he deems it advisable or practicable
| to enforce i'm the rebel states. The laws of
the United States are executed through the
agency of subordinate local officers. As no
man can be compelled to hold Office without
his consent, the laws become imperative from
the want of instruments to execute them
Mr.. Lincoln deems it unwise to further irri-
tate disaffected people by sending among
them host of appOintees from abroad, and
the only exertion of executive power he will
attempt in the seeded states will be to hold
the public property and collect the revenue.
1t may fairly be questioned whether existing
laws are adequate to enable bin to maintain
even this small modicum of authority; and
if, on examination, it should be found that
they are not, the President will have to con-
slider the expediency of calling An extra seq
sion of Congress.
The President has no power to enforce the
laws except by the methods prescribed by eristing
legislation. If a person commits a crime
(smuggling for example) to which the laws of
tried only in the state where the crime was
committed. and by jury of the vieinage.-
But If no person will hold the Office of mar
shall, who will summon the jury? If nobody
will consent to be judge, who will hold the
court? If nobody will be district attorney,
who will manage the prosecution? Or, If
we could overlook these insuperable obsta-
cles, what jury, in one of the seeded states.
would convict his fellow-citizen and fellow
lox 70 tuhinh fbar har 10
abiured their allegiance? A law without a
penalty is practically null; but how are
penalties to be infiict' when the whole ma
chinery for administering justice is broken
down and destroyed? Lawless men In the
rebel states may rife the mails, counterfeit
the federal coin, smuggle goods into the
country. set fire to the government property,
and, unless the state authorities choose to
take cognizance of the offenses, the criminals
must go unwhipped of justice. If man
should shoot down revenue officer of the
United States in Charleston be cannot be
taken out Of South Carolina TO be tried, and
there are no means of trying him there un-
less the state courts should try him for homi-
eide. It is clear, therefore, that no crime
against the United States. committed in the
rebel states, can be punished; and that no
federal laws can be enforced in those states
which depend on the agency Of the courts for
their execution.
Seeing that the power of the federal exec
utive is thus crippled and paralyzed Mr..
Lincoln is wise in reliDquishing any attempt
to enforce any other laws in the seeded states
than those relating to the revenue. But as
his duty requires him to make this exception,
an interesting inquiry arises as to how far
existing laws enable him 10 collect the reve-
nue.. in face of the powerful and combined
opposition which will be offered in the sece-
ded states. The President. who is sworn to
enforce the law, must himself obey the law
and he can collect the revenue only at the
places and in the manner prescribed by ex-
isting acts of Congress. The ports of entry
are established by Congress !; the President
has no power to abolish them, or to transfer
the place of collecting the duties. The prop
CT proceeding. under present circumstances,
would seem TO be, to establish the custom
house on board a government vessel; but it
does not appear that the executive has power
TO do this without special authorization by
Congress. In 1888, when the collection of
the federal revenue was likely to be resisted
in South Carolina, President Jackson sent a
message to Congress, advising that an act
should be passed authorizing the President
to alter or abolish such of the districts and
ports of entry as should be necessary, aud
establish the custom house at some secure
place within a port or harbor, with various
other notifications of the then existing laws.
He not only thought that there would be less
opportunity for collision, but doubted if the
revenue could be collected in any other way
than by placing the custom house beyond
the immediate power of the local authori-
ties. An act was passed in compliance with
this recommendation, but its operation was
limited to the close of the next session of
Congress. Mr.. Lincoln has no more power
now than Gen. jackson had previous to the
passage of the "iorce act" and if the execu-
tive needed to be clothed with additional
authority then, it would seem to be even
more necessary uader existing circumstances.
The attempt to revive this act at the late
session. it will be remembered, did not pre-
vail.
The question then naturally arises, wheth-
er Mr.. Lincoln will deem it necessary to call
an extra session of Congress. As ii is i'm
possible to collect the revenue, under exist
ing laws, without an immediate collision be-
tween The federal and state authorities, it is
hardly probable that the President will I'M
dertake it until he has obtained from Con-
gress authority to abolish existing collection
and establish custom houses on
board ships.