New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-10
pERCE POWERS.

PEACE PcEESS.
TIE Daig Neps having grossly assailed the
President for having declined to permit the Con-
iederate eslnboat Torpedo, commanded by rem
cgadc from oui Navy, TO pass through our fleet
IN Hampton Roads, ana 30 around and up tie
Potomac TO Washington, conveying Alex. II.
Stephens on a mission from the commander-in-
chief Of the Confederate TO the commandments
chief of the Union armies, we asked that journal
10 point ont TO Us that clause of the Federal
Constitution which authorizes the President of
the United .ates to receive and treat citizens OF
any Oh The United States as ENJOYS OF an indie
pendent foreign power. The question is plain
one, end It's bearing is very important. II WAS
first acted on ny Mr.. Buchanan, and by him de-
cided as il has since been by NJ. Lincoln. Col.
J. W. Llayne, q most respectable South Carroll
Man, appeared in Washington in January, 1861,
as the special envoy" OF Gov. Pickens, then
the uuquestioned Governor Of his State, to de-
mand the surrender of Fort Sumter TO the aiore-
said Sovereignty Mr.. buchanan not merely
refused to make the required surrender-though
expressly notified by Gov. p. that a refusal
would lead TO bloodshed-but he refused TO
recognize Col Hayne in the official character
wherewith Gov. Pickens had invested him,
turned him over to the War Department and d.
rected him to reduce his demands TO writing;
and even then would give him no direct answer,
but directed the Secretary Of War to respond TO
Senators Fitzpatrick Mallory and slidell-
who still retained their seats, and had intorposed
between the Governor and the President 10
avert an immediate collision-thati he deemed it
his duty to hold Fort Sumter, that any attempt
by South Carolina to seize that Fort "would,
beyond question, be an act Of war against the
United States and chat be could not even
give assurances that Fort Sumter would not be
reinforced because the President has M an
dorjiy Ia enter into any such agreement or I'M
derstanding;' and 4" it would De a manifest viola
ton Of his duty" to do anything Of the sort,
&c. dc. Mr.. Lincoln, both in declining to
receive officially and treat with special ENJOYS
or commissioners Of States which claim TO
have seeded from the Union, and in treating
the bombardment Of Fort Sumter by the seee-
dcrs as a fragrant and wanton act Of unproyoked
war against the United States, has followed
strictly the course marked out for him by his
predecessor.
The Neirs asks what clause Of the Constitution
GoyJids such reception and recognition of dplo-
matists from the States which claim to have
seeded from the Union, and to be thencefodh
independent of its control. We answer: so
much of Art ], { 10, as provides that "No State
shall enter into any treaty, alliance or confeder-
atom" also Art VI, ( Z, which prescribes that
4" This Constitution, and the laws Of the United
States which shall be made in pursuance thereof,
" shall be the supreme lar Of The land,
ANYTHING in the Constitution or laws Of any
State to the contrary Notwithstanding" and so
much Of Art H., as vests the Executive power
in a President of the United States, and requires
him, before entering upon his official duties, TO
solemnly swear that he will faithfully execute
the duties Of his station, ard "to the best of my
ability, preserve, protect, and defend the Con-
Stitution Of the United States" These pro-
visions, it seems to US very clear, forbid recog-
milton by the President Of any State as outside
Of the Union, and reception by him of any
citizen of such State as the envoy Of an indie
pendent foreign power.
The Nens asks what is the Presidents author
lily for treating with Rebel Commissioners re-
specting the exchange or other treatment of
prisoners Of War. We answer-Art. H., ! 2,
in SO far as it prescribes that 1.-The President
shall be Commander-in-C Chief Of the Army and
Navy Of the United States" &c. Congress isl
clothed with the War power, including that Of
suppressihg Instructions, with the President as
chief executor of its decroes A commander
in-chief can always negotiate exchanges, &c,
with an armed foe confronting him: this is a
necessary incident Of his Office. Negotiating ex-
changes with formidable foe who conlronts
you is one thing; receiving ambassadors from
insurgents who claim to be independent is quite
another And, even if willing 10 receive one,
you may not choose to let hostile gunboat con-
vey him through the very heart of your most i'm
portant lines Of defense.
The naked truth lies here. Up to this hour,
the Rebels have never been ready or willing TO