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

the eristing difficulties r,M the Cotton
States an peaceful manner, and that he
might be embarrassed by any legisla-
ton contemplating the necessity of a
resort TO hostile measures. F
CONGRESS ENDS, LEAVING THE LAW AS THEY
lg sn FOUND IT. ft a.,fta
te The Thirty-sixth Congress expired
on the 3D. of March, 1861, leaving the \
law just as they had found it. They
made no provision whatever for the
suppression of threatened rebellion,
but deliberately refused to grant either
men or money for this purpose. 1t
was this violation Of duty which COM
PEELED President Lincoln to issue q
proclamation convehing the new Con-
grcss, in special session, Immediately
after the attack on Fort Sumpter.--
Urgent and dangerous emergencies
may have arisen, or may hereafter
arise in the history of our country,
rendering delay disastrous, sucn as
the bombardment Of Fort Sumpter by
the Confederate Government, which
would for the moment justify the Pres
ident in violating the Constitution, by
raising military, force without the
authority of law, but this only during
a recess of Congress. Such extreme
cases are law unto themselves. They
must rest upon the principle that it is
a lesser evil to usurp, until Congress
can be assembled, a power withheld
from the Executive, than TO suffer the
Union to be endangered, either by
traitors at home or enemies from
abroad. In all such cases, however,
it is the Presidents duty to present to
Congress, Immediately after their next
meeting, the causes which impelled
him thus to act, and ask for their APP
probation; just, as on a like occasion,
a British minister would ask parlia-
ment for bill of indemnity. II H,eoald
be d!0ic@lt, hoperer, to eoneeire Of an en'er-
gency 80 extreme as 10 justJy or eren grouse
a President for h@ hdnSeeading his con-
stitutiondl po~ers whilst Congress, TO uhom
he could male an immediate appeal pas IN
session. Certainly no such case existed
during the administration Of the late
President. On the contrary, not only
was Congress actually in session, but
bills were long pending before it for
extending his authority in calling
forth the militia, for enabling him to
accept the services of volunteers, and
for the employment of the navy, if
necessary, outside of ports of entry
for the collection of the revenue, all of
which were eventually rejected. Under
these circumstances, had the President
attempted, of his own mere will to
exercise these high powers, whilst
Congress were at the very time delib-
Grating whether to grant them to him
or not, he would have made himself
justly liable to impeachment. This
would have been for the Executive to
set at defiance both the Constitution
and the Legislative branch Of the Gov
ernnleut.
CHAPTER *.
THE FORTS IN CHARLESTON HARBoR.
1t is now necessary to recur to the
condition of the forts and other public
property of the United States within
South Carolina, at the date of the
Presidents annual message, on the Sd
of December, 1860. In regard to that
property the message says: "This
has been purchased for fair eluiva-
lent. 10y the consent of the Legislature
of the State, for the erection of forts,
magazines, arSenals,' aud over these
the authority TO exercise exclusive
legislation has been expressly granted
by the Constitution to Congress. 1t
is not believed that any attempt will
be made to expel the United States
from this property 10y force, but if in
this / should prove to be mistaken,
the officer in command Of the forts
has received orders to act strictly on
the defensive. In such contingency
the responsibility for consequences
would rightfully rest upon tie heads
of the assailants." Ibrs if var must
come, the President hes determined
to fix the whole responsibility for its
commencement on South Carolina. =
In order to estimate correctly the wis
DON of this defensive policy, it is nee
essary to revert to the condition of
the country on the Sd of December,
1860, when it was announced. AT
this period we may divide the Southern
States into three classes, holding opin-
ions variant from each other
/. There was South Carolina, which
had been the avowcd and persistent
advocate of disunion for more than q
quarter of century. She had already
called a convention for the purpose of
seeding from the Union. Her load
ing secessionists were ever upon the
alert to seize upon any action of the
federal government which they might
wrest to the purpose OF alternating the
J other slaveholding States from their
attachment to the Union, and enlisting
} them in her cause.
.. The second class was composed
of the six other Cotton States. The
!. people of these, although highly ex-
cited against the Abolitionists, were
still unwilling to leave the Union. =
They would have been content, not
} withstanding the efforts of secession
: demagogucs, with simple recognition
! of their adjudged rights to take slaves
into the Territories, and hold them
there like other property. until a ter
ritorial convention, assembled to frame
! State constitution, should decide the
} question. TO this decision, whatever
it might be, they professed their will
| ingncss to submit. Indeed, as has
already been seen from the statements
of Messrs Douglas and Toolnbs in
the Senate, they would have consented
TO abandon their rights in all the Ter
ritories north of 30 deg. 30 min, leav-
ing what should remain TO them little
more than q name.
3. The third class consisted of the
border slaveholding States, with Vir-