Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-04-22

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the lazy and his 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.
But we are told that the country is to
be precipitated into war by blockading
all the Southern ports hockading 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 Uni
ted States to blockade Federal ports at
! discretion! He has no more authority
to blockade New Orleans or Charleston
thar he has to blockade New York or
Boston; and no more legal right to block
ade Mobile than Chicago. Sir, l canno.
consent that the President of the United
States may ut his discretion blockade the
ports of the United States or any other
country He can do only what the Con-
stitution and laws authorize him to do
He dare not attempt TO obstruct the navi-
CATION at the mouth of the Mississippi
river, or at any other port in the seeded
States, or even those that remained loyal
to the Constitution and the Union. The
intimation that he is to do this implies a
want of respect for the integrity of the
President, or an ignorence 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.
Mr. KING. VIII the Senator allow me
10 ask him a question in relation to this
matter Is ii not the duty of the Prcsi-
dent 10 prevent smuggling i'll all the ports
OF this Union?
MIR. DOUGLAS. / am not talking
about smuggling 1t is his duty to en-
force the laws of the land in respect to
smuggling.
, But, sir, il 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 init
: mate to the Senate and to the country
! that, under the preteN of preventing
smuggling, the President can close a port
| created by law, and stop all commerce
| connected with itl Will he intimate
that, under suspicion that if the revenue
: cutter allows vessel to enter the port OF
New Orleans, she will not pay any du-
ties, therefore the President will proven,
her going there! The law gives him nc
such power, no such discretion The
suggestion. therefore, of the Senator from
States are to be blockaded by the Navy
al the discretion of the President, under
preiense of preventing smuggling, only
shows how loosely even Senators tall
about the powers and duties of the Pres
ident Ii is no use TO argue the question
tn re Is no law that authorizes it. L,
do the act. or attempt il, would be one o
those high crimes and usurpations tina
would justly subject the President of tn
United States TO Impeachment
But we are told the President is goln:
to enforce the laws in the seeded States
How BY calling out the militia AM
usin. the army and navy, These term
are used as freely and rs fiippantly as
we were military government where mar
tial law was the only rule of action, ant
the will of the monarch was the onl,
law on the subject. Sir, the Prssiden
cannot nse the army, or the navy, or tn
militia, for any purpose not authorized b
law. What is law? If there be an insur
reCtlOT III any fSidlc sAStiiiSt tiic isfNo OH
authorities thereof the President can us
the military to put it down only whe
{ called upon by the State Legislatures,
, il be in session. or, If il cannot be cor
l vened. by the Governor. He cannot il
: terfere except when requested If on tn
e contrary. the instruction be against tn
\ laws of the United States instead of
: State. then the President can use the mi
, itary only as a posse coHutdtus in aid
a the marshal in such cases as are so G,
: treme that judicial authority and II
e powers of the marshal cannot put dow
e the obstruction. The military cannot
S used in any case whatever except as ii
v aid of civil process to assist the marsh
S to execute writ | shall not quote Il
laws upon this subject, but if gentlem'
/ will refer to the acts of 1195 and $50
: they will find that by the act of 1895 d
;, militia only could be called out to a
IF in the enforcement of the laws when T
,e sisted to such an extent that the marsh
IS could not overcome the obstruction.
: the act of 1908, the President is autho
= lied to use the army and navy to aid
2 enforcing the laws in all cases where
NJ was before lawful to use the militi
ie Hence the military power, no mat
m whether navy, regulars, volunteers,
" militia, can be used only in aid of the ci
I'd authorities
Of Now, sir, how are you going to ere;