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

| OIlG u OHt TT SllAN
one at Beaufort and collector, surveyor
aud naval officer, are TO be appointed to
reside at Charleston" The custom.houSc
officers are required to reside ut the ports
Of entry designated in the law. SO It is
with oil the collection districts In all the
other States. Another scctiOn-section
eighteen-of the law makes it unlawful to
enter goods or collect revenue elsewhere
than the "ports of entry" designated in
the law. 1t expressly prohibits the col
lection Of revenue or the cntry Of goods at
any other place Then, subsequent sec.
ton section eighty.tivc Of the same law
makes an exception to this rule; and
that il, In case a vessel il prevented by
ice from approaching the pier or wharf ut
the port Of entry, the captain, on appica-
ton TO the collector, may receive q permit
to land the goods and pay the duties at
any other place in the district designated
in the permit. The only case then, where
revenue can lawfully lie collected, or goods
lawfully be entered, at any other point
than the port Of entry designated in the
law, is where the vessel is obstructed by
ice from approaching the wharf at such
port. Such being the case, no revenue
can be collected ut Charleston, Savannah,
Mobile or New Orleans, or any other of
the ports which nre now in the possession
/ of the Confederate" States.
/ 1t has been suggested, and the people
of the country, North and South, have
been led to believe, that it is the purpose
Of this Administration without authority
of law, to order revenue cutters down to
those Southern ports, and collect revenue
on board Of them. wish to call the at
! tcntion of the Senate and the country to
the fact that the law forbidS the collection
OF revenue on ship'board or anywhere
Sc, except at Charleston, Mt Savannah.
4 at New Oiran.., and at each one Of the
ports designated in the law. Tile Presi-
dcnt 9fMc LTnited States could Wbiect
himSeF ,jVtly and tawJUIly to impcach.
ment yhG should attompt 10 collect reee
/ nnc 0ashp.bonrd, or in any other man.
her, or Mt "ny other place, than that du-
horised by lac. The law in this respect
stands now just as it did when Gen. Jack.
son, in 1892, called on Congress for adj
ditional legislation to enable him to col
cct revenue at the port of Charleston.
Then Gcn. jackson had no power TO re.
move the custom house from the city Of
Charleston TO ship-board in the hnrbor.
| lie had no power to order the collection
Of revenue anywhere else than ut the place
designated by law Because Of the abb
Sence Of legal authority to do this, he
called on Congress to pass law which
authorized him to collect the revenue on
land or ship-board, anywhere within the
harbor other than at the place designated
as the port OF entry. Congress passed
the bill known to the country as the
force BILL" The force bill was passed
March 81, 1888 and the first and fifth
sections, which gave authority to collect
the revenue at any place in the harbor,
and the power to use military force, eX-
/ pired at the end OF the next session of
Congress by the express limitation Of the
Act Hence the law stands now just as
it did before the force bill was passed !;
and there is no more authority to collect
revenue OH shi board now than there
was before the passage ofthc Act Of 1888.
But, sir, even if the force bill were now
in operation, it would not be possible to
collect the revenue under it in the exist
ing state Of the case, for that bill confines
the right to collect revenue within the
port itself, whereas all these ports are in
possession Of the Southern confcderacy,
so that you cannot place ship inside Of
the bar Your vessel would have to be
out in the open sea, and could not come
into the port at all. What is true of
Charleston in this respect is clearly cor
rect of Savannah, of Mobile, and of New
Orleans. They are all situated from thr-
~ to forty, or fifty, and two hundred
miles from the sea. You cannot and dare
not place collector Of customs at either
of these places until you conquer the city
where your collector is to reside. You
cannot, under the law, collect the revenue
anywhere else. either on ship-board or on
land. Then, what danger is there of any
collision between this Government and
the seeded States upon the question OF
collecting revenucg There is none, unless
Senators suppose that the President of
the United States is going to violate the
law and his oath Of Office by using force
to do that which the law forbids him to
do. do not believe Mr.. Lincoln is 60
ing to do any such thing
But zee are toll that The country Is to
be precipitaicd into war by 6lOckdding
all the Southern ports; 6I0ckading ports
within the Cnitrd States IiOckaiing
our oNn ports .cith our own army anil
nary! Where is the authority for Mat?
What idw authorizes the President Of the
United Suites 10 blockale Federal forts
at discrttion ? He has no more authori-
~ to blockade Ne,c Orleans md Charles.
ton than hS has to blockade Ncw York or
Boston and no more legal right to
6Lockade Mobile than Chicago. Sir,
tanuot consent that the PreaIlent Of tile
United States may, at his discretion,
blockude the ports Of the United States or
Of any other country. lie can do only
what tie Constitution and the lawS du-
thorise him to ito. lie dare not attempt
OJstruct commerce at the mouth Of The
.lfississippi rirer, or at Mobile or al any
other mort in the seccded States, or eren
those that hare remained loyal to the
Constitution and TO the Union. The in
timation that he is to do Mts implies a
want Of respect for Me President, or an
ignorance Of tho Iatss Of tho land on the
part Of those ,chO are disturbing the har-
n,Ony and quiet Of the country BY threats
Of illegal riolence.
Mr.. King-Will the Senator allow me
to ask him a question in relation to this
matter? L. it not the duty Of the Presi-
dent to prevent smuggling in all the ports
of this Union?
Mr.. DOuglas--T nm not talking about
smuggling. 1t is his duty to enforce the
laws Of the land in respect to smuggling.
Mr.. King--Certainly.
Mr.. Douglas--But, sir, it is not his du-
ty to prevent smuggling in any other
mode or by any other means than those
provided by Law. Will the Senator from
New York intimate to the Senate and to
the country that, under the pretext OIL
preventing smuggling. the President can
close port created by law, and stop all
commerce connected with it? Will he
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