The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1861-08-24

| tain OF q revenue cutter mas no power "
collect duties no right TO detAin the ves-
sci; no right to obstruct commerce; 10
right to do any other net than that au-
thorized by law--which is simply to in-
spect her papers. The suggestion, there
| fore, Of the gentleman from New York,
that these ports Of the United States are
to be bl0ckadc1 by the navy at the dis
cretion of the President, under the pre-
text Of preventing smuggling, only shows
how loosely even Senators talk about the
powers and the duties Of the President.
Prevent smuggling! To do that, he Is
going to stop the ship out ut sea, on its
way into port, and collect duties How
will that correspond with the rights Of
the importer to place his go0dSin ware
house, and keep them there during the
time allowed by law, and rc.cxport them
without paying duties? Sir, such an act
would be equivalent to abOlishing the
warehouse system. 1t is not necessary
to argue the question. There is no law
that authorizes it. TO do the act. or at.
tempt it, would be one Of those high
crimes and uSurpatiOnS that would justly
subject the President Of the United States
to impeachment.
But we are told that the President is
going TO enforce the laws in the seeded
States. HowS BY calling out the militia
and using the army and navy! These
terms are used MS freely and hlppantlv as
if We were in military Government
where martial law was ;hc only rule Of
1 .o.:... ..I ,Lo ,,.;ll oc tha t1Onurnh ,vnr
the only law to the subject. Sir, the
President cannot Use the army, or the
navy, or the militia, for any purpose not
authorized by law; and then he must do
it in the manner, and only in the manner,
prescribed by law. What is that? II
; there be an insnrrection in any State
against the laws aud authorities thereof.
the President can use the military to put
it down only when called upon by the
State Legislature, if it be in session, or, il
it cannot be convened, by the Governor.
| lie cannot Interfere except when request
ed II, on the contrary, the inSnrrection
be against the laws Of the United States
! instead of State, then the President can
use the military only as II pOsSe comitttus
| III Nlu vi lIIG uIdI DuSu NhSCS a. az Y
50 extreme that judicial authority and the
powers Of the marshal cannot put down
the obstruction. The military cannot be
used in any case whatever except in aid
of civil process to assist the marshal TO
execute a writ. Ishall not quote the laws
upon this subject; but If the gentlemen
will refer to the Acts Of 1875 and 1907.
they will find that under the Act Of 1895
the militia only could be called out to ai'l
in the enforcement Of the laws when re-
sisted TO such an extent that the marshal
CANNOT overcome the obstruction. BY
the Act of 1907, the President Is author.
lied to use the army and navy to MD in
enforcing the laws in all cases where il
was before lawful to use the militia. -
Hence the military power, no matter
whether navy, regulars, volunteers, or
militia, can be used only in aid Of the
civil authorities.
Now, sir, how are you going to create
case in one Of these seeded States
where the President would be authorized
to call out the military You must first
procure writ from the Judge describing
the crime you must place that in the
hands of the marshal, and he must meet
such obstructions ns render it impossible
for him 10 execute it; and then, and not
till then, can you call upon the military.
Whcrei> your judge in the seeded States
Where is your murshalP You have no
civil authorities there, and the President,
in his inaugural, tells you he docs not in.
tend to appoint any. He said he intend.
cd to use the power contided TO him, tG
hold. to occupy, and to possess the forts,
and collect the revenue; but beyond this
he did not intend to 20. You are told,
therefore, in the inaugural, that he is GO.
ing to appoint no judges, no marShals, no
civil officers, in the seeded States, thnt
can execute the law and hence We are
told that he does not intend to use the
army, the navy, or the militia for any
such purpose Then, sir, what cause is
there for apprehension that the President
Of the United States is going to pursue a
war policy, unless he shall call Congress
for the purpose Of comforting the power
and providing the means? lprcsumc no
Senator will pretend that he has any au.
thorty under the existing law to do any.
thing in the premises except what have
stated and in the manner | have stated
If am mistaken in regard TO these laws
| shall be Obliged to any Senator who " i'll
correct ME. have examined them care.
fully, and think l have stated them nc.
curately but il not, should like to be
corrected.
But it may be said that the President
of the United States ought to have the
power to collect the revenue on ship.
board, to blockade the ports, to use the
military to enforce the laws. | say, il
may bc said that he ought to hnvc that
power. BE that AZ It may, tine President
of the United States has not asked fol
that power. lie knew that he did not
possess it under the existing lawS--tor We
are bound to presume that he is familiar
with the laws which he took an Onth Il
execute. We arc bound to presume TINT
he knew, when he spoke Of collecting rev
cnue, that he had no power to collect II
on ship.bOard, or elsewhere than at the
ports. We are bound to presume that,
when he said no would use the power
confded to him to hold, occupy, and pos
sess the forts and other property Of the
United States, he knew he could not call
out tho militia for any such purpose un'
der the existing law. We are bound tc
presume that he knew Of this total alb
sencc of power on all these questions.
Then, sir, il he did know that he had
no power to do any Of these things, We
must understand that he referred to the
future action Of Congress when he said
he should execute the laws in all the
States "unlcss tho requisite means were
withheld" That brings up the question
whether VIC nre going to withhold the
means or not. take it for granted thai
the means Of making war on those States
either to collect revenue, or to regain pos
session Of the forts, or to enforce tho laws
within their limits, will not be conferred
by Congress; and come to that conclu
sion from the fact that, while his political
friends-the Repub!icans-have had tht
power to clothe him with these means fol
the last six weeks in both Houses Of Con