The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-04-19
~ THE WEEKLY PIONEER AND DEMOCRAT.


Then General jackson had no power to
remove the Custom House from the city of
Charleston to shipboard in the harbor. He
had no power to order the collection OF
revenue anywhere else than at the place
designated by law. Because of the absence
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 law known to
the country as the "force bill"
The force bill was passed March I'd, 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, expired 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 on ship board now than
there was before the passage of the 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 the revenue within the
port itself, whereas all these ports are in the
possession of the Southern Confederacy, so
that you cannot place ship inside of the
bar. Your vessel would have to be out at
open sea, and could not come into the port
at all. What is true of Charleston in this
respect is clearly correct of Savannah, of
Mobile, and OF New Orleans. They are all
situated from thirty to forty, or fifty, and
two hundred miles from the sea. You can
not and dare not place Collector of Gus
toms 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 Govern
ment and the saceded States upon the
question of collecting the revenue? There
is none, unless Senators suppose that the
President of the United States is going to
violate the law and bis oath of Office by
using force to do that which the law forbids
him to do. do not believe Mr.. Lincoln
is going to do any such thing.
TUE BLOCKADE OF THE SOUTHERN PORTS.
But we are told that the country is to be
precipitatcd into war by blockading all the
Southern ports; blockading ports within
the United States blockading our own
ports with our own Army and Navy |!
Where is the authority for that? What
law authorizes the President of the United
States to blockade Federal ports at discre-
ton? He has no more authority to block
ade New Orleans or Charleston than he
has to blockade New York or Boston !;
and no more legal right to blockade Mobile
than Chicago. Sir, cannot consent that
the President of the United States may, at
his discretion blockade the ports Of the
United States or of any other country. He
can do what the Constitution and laws au.
thorize him to do. He dare not attempt
to obstruct commerce at the mouth of the
Mississippi river, or at Mobile, or at any
other port in the seeded States, or even
those that have remained loyal to the Con.
stitution and to the Union. The intima.
ton that be is to do this implies want of
respect for the integrity of the President,
or an ignorance of the laws of the land on
the part of those who are disturbing the
harmony and quiet OF the country by threats
of illegal violence.
MIR. King. Will the Senator allow me
to ask him question in relation to this
matter? Is it not the duty of the Presi.
dent to prevent smuggling in all ports of
the Union?
Mr.. Douglas. am not talking about
smuggling. 1t is his duty to enforce the
laws of the land 10 respect to smuggling.
Mr.. King. Certainly.
MIR. Douglas But, sir, it is not his duty
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 of preventing
smuggling, the President can close port
created by law, and stop all commerce con.
nected with it? Will he intimate that, un-
der suspicion that if the revenue cutter
allows vessel to enter the port of New
Orleans she will not pay any duties, there
tore the President will prevent her going
there? The law gives him no such power,
no discretion. The revenue cutter may
board merchant vessel when it arrives
withip the district, for the purpose of ex-
aiming her papers and seeing if they are
correct. Ii they are, she cannot, dare not,
arrest the progress OF the ship; cannot,
dare not, demand the payment of duties.
The captain OF revenue cutter has no p wv
er to collect duties no right to detain the
vesse! no right to obstruct commerce; no
right to do any other act than that author
lied by the law-which is, simply to in>
spect her papers. The suggestion, there.
fore, of the Senator from New York, that
these ports of the United States are to be
blockaded by the navy at the discretion of
the President, under pretense of preventing
smuggling, only shows how loosely even
Senators talk about the powers and duties
of the President. Prevent smuggling 10
do that he is going to stop the ship out at
sea, on its way into the port, and collect
duties! How will that correspond with the
rights of the importer to place his goods in
ware houses, and keep them there during
the time allowed by law, and re~export
them without paying duties? Sir, such an
act would be equivalent to abolishing the
| warehouse system. It is not necessary to