Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-03-27

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Ds(n these To have - 6loyal =
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wast Il s6Spea - - iooaGPIty - -
PsssidesL = . igsssssss q tAe lsvs
u Ne lasd = ~ pest = ~ vhe -
coustry 81 tkrssn q illegal violsses.
Mr. Kine-Wj1 ~ 0sseess allow
No 70 81 hin qasefioet = Felaeios =
lhis natsssl b k.ses ~ duty Of he
President TO prevent engaging il "a
he posts q tk1 Usioa9
NJ. Douglas-I -, ~ talking shout
smuggling. lth ~ duty = sn1ores he
laws ofthe LAID II respect 70 smug-
Cling.
NJ. King-Csstainly.
Mr.. Doaelas-But, IL, Il i not his do
y 70 prevent smuggling in any other
mode d By any other means than those
provided By lsv. Will the Senator from
New York intimats 70 the Senate and
TO the country that undsr the pretsxt d
prsvsGtisg Smuggling, the President can
close . port created By law, and stop I'll
commerce couneeted with i'll Will Be
intimate that, under suspicion that ifths
revenue cutter allows . vessel 70 enter
the port Of New Orleans she viii moi
pay any duties, therefore tho President
will prevent her going thersi The Law
give him no such power, no such die.
cretiop. The revenue cutter may board
. merchant vessel when il arrives within
the district for the purpose Of examin-
ing her papers and seeing if they are COR
rect. II they are, be cannot dare not,
arrest the progress Of the ship; cannot,
dare not dsAand Tie payment Of du.
tisf. The captain Of : rsvssus cutter
has no power % collect duties; 10 right
TO dstain the vssssI; no right to o.
struct commerce; no right to do any
other cot than that authorized BY law
which 10 simply to inspect her papers.
The suggestion, therefore, of the Ssua-
Tor from New York, that these ports Of
the United States sss to b blockaded
by the navy at the discretion ofthe Pres
ident, under the prstsnss Of preventing
smuggling, only shows how loosely even
Senators talk about the powsrs aud du-
ties Of the President. Prevent smuq.
Cling! To do that he is going to stop
the ship out ct go, on it, way into the
port, and collect dutiesi How will that
correspond with the rights ofthe impor.
ter to place his goods in warehouse, and
keep them there during tho time allow.
cd by law, and re-export them without
paying dutissi Sir, such an act would
be equivalent to abolishing the ware.
housing system. 1t 10 not necessary to
argue the question. There 10 no law
that authorizes it. To do tho act, o,
attempt it, would be one Of those high
crimes and usurpations that would Just.
ly subject the President Of the United
States to impeachment.
Bot we are told that the President j,
going to enforce the laws 10 the seeded
States. Howl By calling out tho mil
itis and uaing the army and navy
These terms are used - freely and q
- if 70 were in : military
government where martial Law was The
only rule of action, and the will Of the
monarch was the only Law to the sub.
ject, Sir, the President cannot use the
army, or the navy, Or the militia, for any
purpose not authorised BY law; and then
be must do it In the manner, and only
in the manner, prescribed by law,
What 10 that II there be an Insured
ton in any State against the laws and
authorities thereof, the President can
nee the military to put it down only
when called upon BY the State Lsgisls.
ture, if it be 10 session, or, If it cannot
be convened, BY the Governor. He can.
not interfere, except when rsquested. II
on the contrary, the instruction be
against the laws Of the United States, in.
stead OF State, then the President can
use the military only - . poses comit0-
txs in aid Of the Marshal in such cases
40 are 90 extreme that judicial authority
and the powers Of the Marshal cannot
put down the obstruction. The military
cannot be used in any case whatever *
cept in aid Of civil process TO assist the
Marsbal to execute . writ. shall not
quote the laws upon this subject !; but il
gentlemen will refer to the acts Of 1906
and 1907, they viz find that under the
act of l795 the militia only could be
called out to aid in the enforcement oil
the laws when resisted to such N e.
tent that the Nasshal could not over
come the obstruction. By tho cot Of
1907, the President il authorized to use
the army and navy to aid in enforcing
the laws in oil cases where it vas before
lawful to use tho militia. Hence the
power, no matter whether navy,
regulars, volunteers or militia, can be
used only in aid Of the civil authorities.
Nov, cir, how are you going to create
> case IN one Of these seeded States
where the President would be authorised
to call ont the military You must
frat procure . writ from tho Judge de-
scribing the crime; you must place that
in the hands of the marshal, and he
must meet such obstructions @ render
Il imnonaihle for him n ovarnto Il erA