East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1865-12-13

several occasions until Tuesday, Feb
ruary 26. On that day motion was
made by Mr.. Corwin, of Ohio, to post
pone its consideration until Thursday,
February 2s. (Con. Globe, p. 1882
Mr.. Stanton, the reporter of the bill,
resisted this motion, stating that such
a postponement would be fatal TO it,
"1t WILL" said he, !" be impossible
after that to have it passed by the
Senate (before March A. He there
fore demanded the ayes and macs, and,
notwithstanding his warning, Mr.. Cor
wins motion prevailed by a vote of
100 to "a, and thus the bill was de-
feated. ~ oGI rsTl
H may be proper TO obsernsi that Mr..
COrmia, tciose motion killed the biI, was
a confidential friend Of Usa President elect,
then present in Washngton, and ras soon
thereafter appointed Munster 10 Merico.,
NO APPROPRIATIONS rnvfvsHD ,ren, rpp
DEFENSE OF THE GOVERNMENT.
But even had Congress passed this
bill, it would have proved wholly in-
efficient for want Of an appropriation
to carry it into effect. The, Treasury
was empty; but had it been full the
President could not have drawn from
it any, even the most triAing sum,
without previous appropriation by
law. The union of the purse with the
sword, in the hands of the executive,
is wholly inconsistent with the idea of
free government. The power of the
Legislative branch to withhold money
from the executive, and thus restrain
him from dangerous projects of his
own, is necessary safeguard of lib
erty. This exists in every government
pretending to be free. Hence our
Constitution has declared that "no
money shall be drawn from the Treas
ury but in consequence of appropria-
tons made by law" 1t is therefore
apparent that even if this bill had be-
come law, it could not have been
carried into effect by the President
without direct violation of the Con-
stitution. Notwithstanding these in
superable obstacles, no member Of either
House, throughout the entire session, erer
srsn proposed to raise or appropriate a
single dollar for the defense Of the gor9n-
ment against armed rebellion. Congress
not only refused to grant the President
the authority and force necessary
against the United States, but the SEN
ate, by refusing 10 confirm his nomination
Of a collector Of the customs for the port
Of Charleston, efectual2y ned his hands and
rendered it impossible for him to col
lect the revenue within that port. In
his annual message he had expressed
the opinion that "the same insuperable
obstacles do not lie in the way of ex-
ecuting the [existingl laws for the col
lection of customs on the seaboard of
South Carolina as had been interposed
to prevent the administration of justice
under the federal authority within the
interior of that State" At all events,
I he had determined TO make the effort
with the naval force under his COM
mand. He trusted that this might be
accomplished without collision but if
resisted, then the force necessary TO
attain the object must be applied
Accordingly, while informing Congress
''that the revenue still continues to be
collected as heretofore at the custom
house in Charleston" he says that
"should the collector unfortunately
resign, successor may be appointed
to perform this duty"
I
ENTIRE SESSION To APPOINT A CoLLEc-
/ TOR For CHARLESTON. r
The collector (William L. Colcock)
continued faithfully to perform his
duties until some days after the State
had seeded, when at the end of De-
cember he resigned. The President,
Immediately afterwards, on the I'd Of
January, nominated to the Senate, as
his successor, Mr.. Peter McIntire, of
Pennsylvania, gentleman well quail
flied for the office. The selection could
not have been made from South Car
olina, because no citizen of that State
would have accepted the appointment.
The Senate, throughout their entire
session never acted upon the nomina-
ton of Mr.. McIntire; and without q
collector Of customs duly appointe1.
it was rendered impossible for the
President, under any law in existence,
to collect tho revenue.
CONGRESS REFUSES AUTHORITY TO COLLECT
THE REVENUE BY FORCE.
But even if the Senate had confirm
ed Mr.. McIntire's nomination, it is
extremely doubtful whether the Pres
ident could lawfully have collected the
revenue against the forcible resistance
of the State, unless Congress had con-
ferred additional powers upon him.
For this purpose Mr.. Bingham, OF
Ohio, on the 3D. of January, 1861
(Con. Globe, p. 236, bills III. r., No.
9lO) the day after Mr.. McIntire's
nomination to the Senate, reported a
bill from the Judiciary Committee
further to provide for tho collection OF
duties on imports. This bill embraced
substantially the same provisions, long
since expired, contained in the act OF
March ID, 1888, commonly called
"tho Force bill," to enable General
Jackson to collect the revenue outside
of Charleston, "either upon land OF
on board any vessel" Nr. Bngham',
bill was permitted 10 siumJer on The files q
the House until the ed of March, tie last
day bit one before Congress erpaed Gil.
Journal, p. 1867 ,ehen he mOred for a
suspension of the rules, to enable the Houst
to take IL up dad consider ii, bit his motion
prored msuecesyia. In1ecd, the motion
was not made until so late an hour OF
the session that even if it had pre-
vailed, the bill could not have passed
both Houses before the final adjourn
ment Thus the President was left
both without collector of customs,
and most probably without any law
which collector could have carried
into effect, had such an officer existed.