New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-05-31
WHO mAKRs THE WARs

If it had pleased God to make this foolless
world, the labor of journalists would have been
considerably ghtened and the occasions for cult
waiting the Christian grace of patience materially
And OF all exhibitions Of human stodhy
or faulty that try q naturally sweet temper, we
regard the current Secessionist cant about Lin.
coins ,oar on the South as the most provoking.
Abraham Lincoln 10 President of the United
States, and has sworn to execute the duties OF
that high Office. He has no choice, no discretion
in the premises, unless it be to perjure himself
by leaving uncone what he has taken his Maker
to witness he will faithfully do. Suppose, now,
that one of our merchants were to import cargo
of Silks or Wines, and, giving fair notice of his
purpose, were to undertake to land them at this
port and sell them without paying the Customs
imposed thereon by law, does any one doubt that
it would be the Presidents imperative duty to
make him call at the Custom House and pay the
legal impost on bis goods Suppose the merchant
honestly believed that he ought not to pay-that
all tariffs were invalid, because violations of the
natural right of every man to take his property
whithersoever he would-suppose he considered
this particular tariff illegal or unconstitutional
suppose he considered Dir. Lincoln not duly
elected, and therefore invested with no rightfu
power in the premises-would any or all of these
make any difference with regard to the Presi-
dents Duty Plainly not. He could only say,
eff you dispute the validity of the tariff, or of
"my election, you can raise that question by
I" due legal process, and have it adjudicated in
{" the Supreme Court; but must obey my oath
:" and follow tie plain letter of tho law" Who
doubts it
If. now, the merchant should undertake to
resist, not by an appeal to the Courts, but by
filing bis ship with armed men, instructed to
resist to the death any collection Of duties or
seizure Of the goods and the President should
thus be obliged to use force to command obedience
to the laws, could it be honestly said that the
President had made on that obstreperous
merchant Would it not be the simple duty Of
the Executive to use 50 much force as should be
necessary for the purpose-no matter whether ten
men or ten thousand land would not the wrong
headed merchant be responsible to God and man
for all the loss of life thence accruing'
We have presented no impossible case. 1t is
in fact, the very case which Gen. James Hami.
ton, IT,, proposed to make on behalf Of the South
Carolina Nullifers in 1882. Holding the duty
then levied on Sugar to be unconstitutional, he
declared that he would import q cargo from
Cuba. enter it at Charleston, refuse to pay the
duty. and, if the Government interposed force,
he would "go TO the death for his Sugar" But
when bis Sugar arrived, Gen. Scott brought the
vessel to under the guns Of Fort Sumter, and
there il renamed until the other General thought
better of the matter and concluded to pay the
duty.
Who does not know that if he resists On officer
Of the law engaged in the discharge Of his duty
he does 90 at his own peril Who doubts that,
should . riot grow out Of such resistance, the
resster, not tho officer, would DO guilty Of in.
citing that riot Who does not know that,
should that riot eliminate in . homicide, the
law. breaking party would be responsible for tho
murder1
"Ah but" says caviler. I" If q State resists,
" or authorizes resistance that alters tho case"
Who told you sol Not the Consttution-Bot
the laws Of the land. The oath imposed on tho
President binds him absolutely to enforce the
lsws-it knows no authority competent to qualify
that obligation. An act Of Congress which the final
judicial tribunal has adudged unconstitutional is no
law, and binds nobody; but be who in practice
assumes the u2coast!tut.Oaalty Of a. act %