New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-04-03


bis actions by considerations Of policy and eIPeoepcs
and takes merely lawyers view Of the subject. NO
State has the power by the Constitution 70 "hnuisw
from the Confederscy, therefore he Ganno. rscoS'o
such withdrawal. He will NOT employ ,ha;, 80.
compe any of the seeding States TO reecind tneit
luton but he win treat the Southern states 81 he
accession had taken place lie WIZ en'Sre ,'srS
laws of the Union in all the States ne VIII ior
the mails "a usua "He will hold occupy, and possess
iii properly and places belonging to the GoveInme
and win collect the duties imposed. ps n ~
what ia necessary for these purposes tnere WIN az
no invasion or force. Where the hostility go VIZ
limited States In 40 great as TO prevent Citizens
holding Offices he will not force obnoxious stransers
among the inhabitants. He has no oolecuo%n ~ a
amendment of the Constitution, pieoelns ,,;nrs ~
not TO interfere with the domestic insei.u shau ha
the Soutb and consents that such amendment snn. I
;rrevocable The speech concludes Win tnese "oIu,
which we NAV be forgiven for thinking are scI1r
conceived in q vein worthy OF the occasion. -
mystic chords Of memory stretching iron eVeiy 80.
field and patriot grave 20 every hVing Deart III LIE
broad land will yet swell chorus OF union when
AGAIN touched as they surely will be, BY the better
angels of our nature" We read this piece OF me
writing with some impatience when we consider .he
momentous matters to which il is the epilogue MIR.
Iipcons expressions stuoously cautious and mod
crate but they really amount to tbis-that be will
enter into no negotiation with the South-that ne VIII
bold 90 much of the property Of the United States
Government is still in his power, Will possess ana
and occupy that is recapture the ciiadels arsenals
and other property Of the United States which nave
fallen into the hands Of the South; and further he
will collect the revenue from the seeding States which,
if done in the mildest manner, implies very strct
blockade. In mskiog these announcements President
Lincoln may be doing nothing more than his duty, but
cannot conceal from ourselves that such pchcy Is
neither les than declaration OF civn war
Nobody Bupposes for Instant that, even II Sonth
Carolina should refrain from attacking Fort Sumter,
and Florida from attacking Fort Pckens, the Southern
Statee are likely to submit TO reoccupauon OF tne
ctadels and srsens which they have seized or that
A.
the benefit of what they consider foreign Govern
merit to be levied on goods landed on their shores
Whether the President announces his intention 10 In
wade the South or no is matter OF little
except for the satisfaction Of his conscience The
revenue will not be levied nor the property nor the
forts occupied without the employment OF armed iorce
and the first resistance which that force meets scers
10 the winds all the fair professions about unwling
that civil war, will be carried on, we may be well
assured in no judicial or compunctious spirit :,
The position OF the American President calls Tor
every allowance from persons who from distance
criticise his actions; but we should have had much
more hone for the future had his speech been founded
more on the actual position affairs and less upon the
formal requirements of the Constitution We have
always thought that the steps proposed by Mr. Lincoln
might POSSIBLY have checked Secession had they been
taken In the first instance but time has been allowed
to elapee rebellion to consolidate sel and 1t Is TO
t1de with great danger to attempt to limit the means
OF putting il down to the exercise OF one OF two cons
tutional functions Would 1t not be better TO recog-
Ize at once the formation Of the Southern Coniedefacy
and 10 think little less Of Constitutional powers and
decorums which can end In nothing but civil war, ana
little of negotiation and arrangement, by which
alone that civil war can be averted II would be an
ntelgibe the President TO cay that be Is
going negotiate for peace or that he Is gong 10 en-
force TO the Union by arms but to say that ne
is going to exercise the powers of the Constitution ig
norDg altogether the fact OF Secession Is 70 make waf
certain while cutting off any opportunity for negots-
ton.
FyO. The London Timet Ba,eL 10.
60 rapid and impeuous is the march Of events In the
United States quickly does one scene succeed an
other In the great political drama, that news becomes
of secondary interest almost before IT Is known Every
one has been looking forward with breathes interest
for the Presidents inaugural speech. The electric
telegraph furnished US an Arrangement Of yesterday
morning; to-day are enabled TO give 1t at full
length, but accompanied with Intelligence winch If
unite az important as itself. The speech takes up
grounds strtly constitutional In II the President
confines and intrenches himself behind the express
mowers which the Constitution has given him and re-
fuses 10 recognize any other He Is capable Of coneid
cradle flights of fancy but cannot emancipate himself
from the shackles of a merely legal mind. lie looks
into his bond and be finds there that he Is bound to
execute the Law in all parts Of the Union and to pre-
serve the Federal property accordingly. what the
consequence Of performing these acts may be II IL not
for him 70 consider his business IL 10 execute the iaw
let those who made the law answer for the rest.
Mr. Buchanan took much the same view OF his func-
tous but he extracted from that view the inference
that he was bound 10 do nothingi while Mr. Lincoln
cnnsders Thai he ia bound TO do exactly the thing
which il sure 70 produce the which he conceives
it to be beyond his power to declare Nor Is nr
discretion alone which the President believes TO be
circumscribed by the Constitution. Not only doeb be
seem 20 conceive himself prevented from doing any
thing beyond its strict precepts, be does not feel thai
he ia allowed 10 know anything unconstitutional lie
knows that bis fellow countrymsn dissatisfied but
he is forbidden TO know that seven States are Ia ma
grant rebellion. There is Presidential as well as a
Judicial knowledge, and, as Courts OF Law are not
larh Vx.rfa1 flp
torious 10 the rest Of the world, IL i with Presi
dents part Of whose duty is TO have purer eyes than
10 behold anything that ssyors of rebellion We see
that this way Of looking at the question binds favor IN
the ewes Of the purely Republican journals while the
South appears to consider it, far as we can judge
from their organs in New-York, as the Mugng down
the glove, which it will not hesitate moment 70 take
up Had Mr. Lincoln been President ut the time
the Secession was first threatened, essay on the
Constitution and q few words of friendly persuasion
might have been an appropriate way Of dealing with
the subject. But it is childish as well az dangerous
thus studously TO ignore the real state OF the case and
TO seek by constitutional 10 influence men who
have placed themselves ont Of the pale Of the Consttu
ton alt ogetber There Is no safer maxim IN human
Affairs than carefully TO examine ones own position
and tbat Of ones antagonist before announcing any
resolution and 10 base that resolution actual and
real not imaginary conventional consideratioDs
With the real OF America the Federal COnstitn
ton has most unfortunately very little 70 do. The
President might almost well go back to the social
contracts of Rousseau. TIE question Is not Judicial,
but politieaI-not one Of laws and powers, but Of
reason and expediency. We believe that, instead
of ignoring the secession OF the ooulh and de-
termiping TO treat 1t "a non apeHu, the Prosi-
dent ought to recognize it as reality. We do
not say that be ought to recognize the right TO BE-
cede, which clearly does not exist, any more than
the right 10 rebel against the English Crown claimed
by the American Colonies existed part Of the En-
elish Constitution We do not ssy that the President
+ bound to treat as legal the Confederncy which has
risen up in opposition TO his own; bat what we main.
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