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

kIecI neT pHpeTh' Ahe nuEGS'u"'t -
fore of tho gentleman irnm- New- York,
that these ports Of the United States are
to- be bluckaded by the navy at the dis
erection 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 at sea, on its
way into port, and collect duties How
will that correspond with the rights OF
the importer to place his goods in ware
house, aud keep them there during the
time allowed by law, and rc-cxport them
without paying duties? Sir, such an act
would he equivalent TO abOli>liing the
warehouse system. 1t is not necessary
to argue the question. There is no law
that authorizes it. 10 do the act. or at.
tempt it, would he one Of those high
crimes and ISurpations 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. IIowY BY calling out the militia
and using the army and navy These
terms are used MS freely and hippantlv as
il We were in military Government
where martial law was ;hc only rule Of
action, and the will of the monarch was
tlue 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 instruction in any State
against the laws and authorities thereof.
the President can use the military to put
it down only when called upon 10y the
State Legislature, if it be in session, or, if
it caunot be convened, by the Governor.
He cannot interfere except when request
ed. II, on the contrary, the insnrrection
be against the laws OF the United States
inS stead Of State, then the President can
use the military only as posse c0mit"t"'
in aid of the marshal in such cases as are
so 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 writ. shall not quote the laws
upon this subject; but if the gentlemen
will refer to the Acts Of 1876 and-l8O7,
they will find that under the Act Of 1875
the militia only could be called out to all
in the enforcement of the laws when re-
sisted to such an extent that the marshal
cannpt overcome the obstruction. by
the Act of 1907, the President is author.
lied to use the army and navy to mid III
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, OF
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 he authorized
to call out the military You must first
procure n writ from the Judge describing
the crime you must place that in the
hands of the marshal, and he must meet
such Instructions ms render 1t impossible
for him 10 execute it; and then, and not
till then, can you call upon the military.
Whereas your judgcin the seeded States
Where is your mnrshal? You have nc
civil authorities there, and the prcsidtn
i'm his inaugural, tells you he does not in
tend to appoint any. He said he intend
ed to use the power contided TO him, tC
hold. to occupy, and to possess the forts
and collect the revenue; but beyond Thu
he did not intend to 90. You are told
therefore, in the inaugural, that he is GO
ing to appoint no judges, no marShals, ne
civil officers, in the seeded States, that
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 i,
there for apprehension that the PrcSidcnt
Of the United States is going to pursue {
war policy, unless he shall call Congress
for the purpose Of comforting the power
and providing the means? presume nj
Senator will pretend that he has any au
thority 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 vii
correct me. have examined them care
fully, and think have stated them nc
curately; but if not, should like to b(
corrected.
But it may be said that the PrcSidcn
of the United States ought to have thu
power to collect the revenue on ship
board, to blockade the ports, to use thu
military to enforce the laws. | say, i
may DC said that he ought to hnve tina
power. BE that AK 1t may, tine PreSidcn
that power lie knew that he did no
possess it under the existing lawS-fnr w
are bound to presume that he is familiar
with the laws which he took an oath t.
execute. We are bound to presume thn
he knew, when he spoke of collecting rev
cnuc that he had no power to collect i
OH ship board, or elsewhere than at thu
ports. We are bound to presume that
when he said no would Use the power
confided to him to hold, occupy, and pos
SeSs the forts and other property Of the
United States, he knew he could not cal
out the militia for any such purpose un
der the existing law. We are bound L
presume that he knew Of this total alb
scncc Of power OH all these questions.
Then, sir, il he did know that he haC
no power to do any Of these things, W.
must understand that he referred to tn,
future action Of Congress when he sal,
he should execute the laws in all tn,
States "unlcss the requisite means wer,
withheld" That brings up the question
whether We nre going to withhold tn
means or not. take it for granted tina
the means Of making war on those States
either to collect revenue, or TO regain pos
session Of the forts, or to enforce the law
within their limits, will not be conferred
by Congress; and come to that conclu
sion from the fact that, while his politica
friends-the Repub!icans-have had tn
power to clothe him with these means 70
the last six weeks in both Houses Of Con
greSs: while they knew that he could no
regain possession of the forts, custom
houses, arsenals, and other public prop
erty, without such additional power
while they knew he could not blockad
| fh., rortS uV,loSa COnorara oova aynrnu