Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1861-03-06
..Executet, Eavvs-


The Cincinnati Enquirer thus forcby pre-
sents the difficulties which viii attend the new
administration in any attempt it may make to
execute the laws" in the seeding States under
present circumstances, and suggests the true rem
edy for the embarrassment:
Suppose for instance, we want to try W. L.
Yancey for treasonl He has got first to be in
diced, and then tried, in the language of the Con
sttution, "by an impartial jury of the State and
district wherein the crime shall have been COM
mitted, which district shall previously haze been
aScertained by laIo" In Alabama, W. L. Yam
cey can be INDICTED, and tried, and nowhere else.
There are no United States Courts to take jurls
diction of the oilense and if there were, who sup
poses that an Alabama jury would indct himE
Until we get our civil machinery to work in the
Cotton States, and that machinery finds itself I'M
able TO enforce the laws, and makes the fact
known to the President, calling upon him force,
no troops can be constitutionaly sent down there.
No embargo or blockade can be laid upon the
ports of the Southern States under the COnStitu-
ton, for it is provided in that instrument chat
no preference shall be given by any regulation OF
commerce or revenue to the ports Of one State
over those Of another" which an embargo or
blockade would be- unless it was general
The only law which appears to be susceptible
of enforcement under the Constitution, in tue Sc
ceding States is that for the collection ofrevenue
Collectors can be put upon revenue cutters, anu
stationed of the Southern harbors, charged with
the duty of collecting the revenues OF the United
States. Even this law not be entirely enforced
How for instance could the collector on board
the revenue cutter carry out the warehouSinS por-
ton OF itg The importer would say he desired to
bond goods in the Government store house, 4
necessity which the Government would not have
in the seeding States. The only object we could
have in enforcing the revenue law would be to
keep up our jurisdiction over the seeding States,
for the cost of collecting the revenue with this
fleet of revenue-cutters would be ten times IN
amount of the duties that would be paid.
The Southern Confederacy has declared itself
an independent uation, and the exercise OF any
jurisdiction upon our part it would regard as an
act of war, and would resent such by the issu-
ing of letters If marque and reprisal upon North
ern commerce What can the Federal Govern
ment then do constitutiOnally, for Its powers
against a State in the Union, are restricted by
that instrument? Ii can call forth militia to sup
press instructions, but that militia must oto the
aid of some Marshal, Or civil United States OH
Ger, who Is registered in the discharge OF his du-
ties. The Collector or revenue officer might make
the demand upon the Marshal for assistance, but
there is no such officer; and if he fell back upon
the President, who would be unaded by any
courts. or Marshal or anv civil authority, it Is
obvious that against these latter, in the service OF
the State authorities, that the contest would soon
assume the proportions of general civil war be-
tween the two sections OF the Union, carried on,
not in pursuance OF any intendments OF the Con
stitution which never contemplated such con-
tingency, but over and above its provisions 1t is
folly to disguise the fact that we have to combat
q rec0luf0R, and it is the dictates OF an honest,
manly policy to treat it in that light.
The question Of the enforcement of the laws
and the protection of the public property are but
incidental and minor to that great fact, and the
sOphiStry which is thrown away upon them should
not blind US to it. To enforce the laws where
there are no Courts, no judges, no Marshals
District Attorneys and juries, is clearly an impos
sibility. Ii we desire to enforce the laws we must
do something to 50 change public opinion in the
seeding States that we can again have that ma
chnery in motion, by inducing Southern men &c
accept those positions. 1t is not by the bayone
and the sword that We can create those tribunals
to enforce the laws, and again have complete ju
risdcIion over the seeding States. Compromise
and Cancellation, which will keep the borde
States in the Union, will divide public opinion il
the seeding States, and ere long it, Government
would doubtless fall to pieces and our Union would
again be re-eStablished and our laws executed il
the State. We are for enforcing the Unite'
Ssltes laws, and to that il is indispensable tina
cur sectional difficulties should be adjusted.