The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1861-04-06
POWERS OF THE PRESIDENT. i.

POWERS or. 1,1IIS ppUcTnr,-T.
m, = 2 ~, i l.'.e''' 4 -. :.
PREsIDEST LINCOLN declares, in his in
angurat that he viii take care that the
laws Of the Union be faithfully enforced
in all the states, 10 ne e1fe4t 81 his ability.
Under existing circumstances this is d
most important qualification, as the Presi-
dent himself virtually acknowledges that,
Of the large body Of United States sta.
tutcs. the laws for the collection Of the
federal revenue are the only ones which
he deemsit advisable OF practicable to
enforce in the rebel states. The laws Of
the United States are executed through
tile agency Of subordinate local officers.
As no man can be compelled to hold Of
lice without his consent, the laws become
imperative from the want Of instruments
to execnte them. Mr.. Lincoln deems ii
unwise to further irritate a disah'eetcd
people by sending among them d host OF
Apprentices from abroad, and the only exs
ertion Of executive power he viii attenlnt
n thc seeded states viii be to hold tile
public property aud collect The revenue.
X may tairly be questioned whether exist
ing laws are adequate 10 enable lin 10.
maintain even this small modicGfiI Of au.
thority and il, on examination. ii should
be found that they are not, the President.
viii have to consider the expedieney OF
calling an:extra session Of Congress. X
II. The President has no power to enforce
the laws except by the methods pre-
seribed BY existing legislation. liza per-
son eommitsa crime lsmuggIillg for ex-
amplel to which the laws OF the United
States atiix a penalty, lie can he tried
only IN the state where the crime was
committed, and BY ajury of the vicinage
But i no person viii hold tile Office of
marshal, who win summon the jnry2 If
nobody VIII consent to be Judge, who will
hold the courts II nobody viii be dis
trlct attorney, who will manage the prose-
catiols Or, if we could overlook these
insnperable obstacles, what Jury. in one
OF the seeded states, would convict his
Fellow citizen and fellow rebel under laws
70 which. they have alike abjured their
ailegiancei A law without u penalty is
practically null but how are penalties to
DC inflicted when the whole machinery
Tor administering Justice is broken down
and destroyed Lawless men In the rebel
states may rifle the mails, counterfeit the
federal coin, smuggIe goods into the
country set fire to the government prop
erty, and, unless the state authorities
choose to take cognizance Of the offeuses
the criminals must go unwhipped Of jRs.
tice. Haman should shoot down a rev.
enne Office Of the United States in
Charleston he cannot be taken out OF
South Carolina to be tried, and there are
no means Of trying him there unless tile
state courts should try him for homicide.
1t Is clear. therefore, that no crimes
against the United States, committed in
the rebel states, can be punished; and
that no federal laws can be enforced in
those states which depend on the agency
OF the courts for their execution.
Seeing that the power of the federal
executive is thus crippled and paraIyzed.
Mr.. Lincoln Is wise in relinuuishing any
attempt to enforce any other laws ia the
seeded states than those relating 10 the
revenue. But as his duty requires him
TO make this exception, an interesting in
curry arises as to how far existing laws
enable him to collect tile revenue, IN face
OF the powerful and combined opposition
which will be offered ia the seeded states.
/ The PreSf1nnt M; ~ - =. q 80