, 1864-01-15

Leave him to Code watching ere:
|, Trust him to the hand that inside him.
Mortal love Weeps idly by;
God alone has power to aid him.
Ley him low, Lay him low,
IN the clovet OF the snowi
What Al eases hei he cannot know;
THE ILLINOIS TWO PER CENT
CLAIM.
Communication from Hon. |. N.
Morris to the President.
LETTER OF EX-SENATOR GREEN
OF MISSOURI.
Below VIC print the important documents,
the character Of which is indicated in the
heading. They will be read with interest by
au classes Of our citizens:
COMMUNICATIONS OF HON. I. n. MpRR1s
WAsuRGTox, Jan. g. 1864.
To Ills Excelfeucy 4. Lincoln, President Of the
United States: -
sm:-I beg leave to submit few addition
al conscientious in connection. with the
arising from the net proceeds Of the sales Of
the public lands within her limits. ::
The State had, undoubtedly, right to
know, from the Interior Department. upon
What ground it rejected her demand. II the
Law, approved March Sd, 1857; for the settle
ment OF certain accounts between the United
States and the State OF Mississippi, and other
then that Department shonIa have rested its
objection upon it. Ii, however, that act is
not to be regnrdea as law to the rieht
claimed by my State, md the acts making ap-
preparations to the National Road aro insist
ed on as such compliance with the terms
and Illinois, as to cut off the rights Of that
State to the money cllimcd to be due her,
ndt ought to BIZ assigned Us the reason for
withholding it. II the Hon. Assistant Sec
rotary had assumed, exclusively, one position
character Of the legislation, his opinlon would
haye been more consonant with established
legal rules, and less disingennous, Had lie
liked upon some definite and positive euact-
ment as ! basis for, and Justification Of Lis
opinion, 1t would laye been much wiser aud
safer than to have relied on yagmnt authority.
As TO y2ur power to hear nd'dctc1mlne
the case, think there can be no doubt. Iu
constitutional sense it Vas pending before
you from the moment made the application
for the money, on behalf of the State, in the
General Land Office, so that the formal ap-
peal was work Of mere supcerrosation. :.
:. BY the Constitution you are mnde the Excu-
tive to execute the laws. By that same in,
strument you are made Commander-iu-C Chief
OF the army and navy. By virtue Of your
authority as such Commander, YOU can re-
verse the orders, DEGREES and proclamatlons
Of your inferior military officers, and during
the present rebellion hare exercised that
power. It won1d sceem clear therefore,
N+14 tyx,{ -.
nothing further ufon the subject, that you
have the right, as the Executive, to reverse
ard cnnul, or oyerrule the opinions and de-
cis1ons Of your ministerial Executive officers.
The same provision Of the Constitution which
confers upon yon the powers Of a Command
tie opinion, in writing, Of the principal ofH-
Ger in each Of the Executive Departments, ,
upon any subject relating to the duties OF
their respective otlces,n 6ut it docs not de-
clare, nor does the Constitution anywhere
declare or provide, you shall be bound by
such opinion. : Its character is purely adyis-
o7v, and VAS not intended to Interfere with.
or obstr1ct your duty to take care that the
LAWS be faithfully executed. That duty and
that power the Constitution invests complete
and entire In yourself. It not onlY invests it
there, but It imposes positive injunction on
Jon to perform it. It Is IN Executive md
not judicial duty.
L
tiona1 power and duty, in cases where his
suEordlnate Executive officers refuse or neg
lect to c1ecntc the laws. or perform their
duty under them, was elaboratcly and ably
discussed, by Chief Justice fancy, when At
t91neJ General n his opinion rendered to
beF, 1851, on the libel case, then pending be-
fore the District Court Of New York, involv-
ing tle alleged forfeiture, to the United
states, under our rcvenue laws, of the stolen
Jewels Of the Princess of 0range. To this
opinion yon have not heretofore been re-
1eHed, and beg leave to direct your attcn-
ton to it. See Gilpin's Opinions Of the At
toIney Generals, pages S553a-.74-5-G7-89-1D.
TIC jewels were Of very great yalue-were
stolen and brought to this country without
the consent Of the owner-were nbeEed By
the District Attorney Of the United States
end as soon as they were known to be lerc,
they were demanded by the minister Of the
King Of the Netherlands, acting under the d.
tcction Of his Government, as the property |
OF the Princess, who was one Of the family Of |
the King. The District Attorney declined to |
discontinue the proceeding against them, and |
the question arose us to tie power the |
President to direct him to do it. For conre-
niencc will give eomc extracts from Nj. Ia
ney's opinion, although have referred you |
TO 1t as whole He says:
The main question, cId the only one about
lie eadent nay asfy % direct tie Dstriet 's
,orney to discontinue tic libel now pending asalnst
these Jewels In the district court Of New ForE.-
Was led by theirA,foTney in their behalf snd claims
United stctes for al offence ai'cdsed 10 have < been @
committed Against their reEenue laws.
Assuming Ihst the District Attorney possesses /
tie power to discontinue prosecution, the next |
inqIsS qsS T. can The PRESIDENT 1aTtull{ direct him
Is the Chief point Of difficulty.
-, think the President does possess the power
Ihe tnteresfs Of the country and the puip poses Of
it. and Its existence l. necessarily implied By the
duties imposed upon him in that clause OF the Con-
stitution before referred to, which enjotns him to
Cases readily suggest themselves which show tho |
necesslfy Of ol such power to enable him to dls-
Suppose foreign ship with public s.orcs on
board ta taken poseees,on Of BY a mntinoua crew
and brought to the United States, that the stores
s5e seIzsd By The collector and libelea tof breach
eiEn Sovereign demands them Of the Executive Of
the United States, and there is no other claimant
and to- Be- 1es
upe Or mnst the United States prosecute, By its
officer, aclsim which it knows to be unfounded.
sgainft the property OF a foreign and friendly
1rdeed 4 case might readily be imagined in
sheh justice TO an lndir1dual would equally re-
b. the President. For suppose q merchant shin
Eound from one foreign port to another is piratc-
airy seized upon by the crew, and brought into tho
seized for breach OF or revenue laws On q libel
ha a1d hs officer
eatiHfcd that such prosecution was not faithful
execution Of the 1--we. but unjust and oppressive
hit to order the proEccut!on to be dlscontinned
LIT ehoCld be said that the District Attorney
having the power to discontinue The prosecution,
to deet Kin M 10 eaePsa sft aasxae n se
Int the direction Of the President Is not required
e communicate a9y new authority to the District
crtlon OF the power heis admitted to possess It
might ,1s indeed huppen that the District Attorney
sqt In The name Of The United
sno .or the purpose OF oppressing IN individual.
S1ch prosecution would not be q faithful execu-
fs9a o. @ NE 5aW ard upon the President being
pnrpoes Z, ara Icing bound 10 take care that the
taTs were fsth1a'ls exe< uted It would lie his duty
e H. ea1 sa.n 70 correct the procedure, and
pleh that object would be 10 order the Dstaot
attorney to discontinue the prosecution. The
a1er snS fht 70 5r1css to obey the Pcs
lion. while to remained in cf13ce. would sttn 20
on, hecause ths President could Eire no order 10
Tou nct q t,on x snS pare1!a!
officer, the District Attorney, who is resnonsii;e
% hin, sna who holds bus Office at his pleasure,
which tie President was satisfied ought 10 h. tssa
continued the rcmoyn! Of The dieobedient nf,cer
ind the Substitution Of one more worthy in hIs' |
3lccc would enable the President tIronrh Nm
aithfnl]y 10 execute the Law. And It ID fer thIs1
.muug other reasons, that the power Of REMOVING.
be District Attorney resides in the President,
,cy as under the control and direction Of The Prns
dent, in tic Institution md prosecution OF suits
n The nanc Of tho United States: and that it ia
liIcct him 10 institute, or discontinue pending
nit. and TO point out 10 him his duty, wheneYer |
be interest Of the United states Is directly OF in