The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-01-13

, the forts already seized; and more especi-
ally as when it was reported we may re-
collect that the Confederate Congress had
already been ten days in session at Mont
gomery, Alabama, and had adopted a pro-
visional constitution. Notwithstanding
all this, the House refused to act upon it.
The bin was discussed on several occa-
sions until Tuesday, February 26. On
that day motion was made by Mr. Cor
win, of Ohio, to postpone its coasidera-
tion until Thursday February %. (Con.
Globe, ,232) Mr. Stanton, the reporter
of the bill, resisted this motion, stating
! that such postponemcnt would be fatal
| to IT, at will, said he, be impossible
after that to have 1t passed By the Sen
at" (before March ~. lie therefore
demanded the ayes and noes, and, not
withstanding his warning, Mr.. Corwin' $
motion prevailed by vote of loo to IA,
and thus the bin was defeated.
n may te proper to obserre that Mr.
Cor,e5ns .,rhose motion kiited the bill, pos
n confdeattat friend Of The President
elect, then present IN Washington, and
,ras soon thereafter appointed Minister 10
| 1EtTteo.
80 APPROPRIATIONS PROPOSED ran TIE DEFENSE
or THE c0vERSaExr.
But even had Congress passed this bill
it would have proyen wholly inefficient
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 trihing sum, without a previous ap-
preparation By law The union of the
] purse with the sword, in the hands Of tho
exeeutiye, is wholly inconsistent with the
idea of free government. The power
of the legislative branch to withhold
money from the executive, and thus re-
strain him from dangerous projects Of his
own, is a necessary safeguard Of liberty.
This exists in every government pretend
ing to be free. Hence our Constitution
/ has declared that no money shall be
drawn from the treasury but in conse-
qucnee of appropriations made by law"
1t is therefore apparent that even if this
| bill had become law. it could not have
been carried into effect By the President
without direct violation of the Consti-
tuition. Notwithstanding these insuper-
liable obstacles, no alenlber If either House,
! Throughout the entire session, euer euea
proposed 10 raise or appropriate single
foitGr for the defense Of TIE Gorerameat
against armed REBELLION Congress not
only refused to grant the President the
authority and force necessary to suppress
| instructions against the United States,
br,f
aoaissla or Cuiiscfoy of tse Cusf0Ias
for The port Of Charleston, eGecf0a4ly tied
lis hands and rendered it impossible for
| him to collect the revenue within that
port In his annual message he had ex-
Ipressed the opinion that & the same insu-
perable obstacles do not lie in the way of
executing the lexisting] laws for the col
lection of customs on the seaboard of
South Carolina as had been ihterposed to
Ipreyent the administration of justice un-
der the Federal authority within the in
terror of that State" At all events, he
had determined to make the effort with
the naval force under his command He
trusted that this might be accomplished
without collision; but if resisted, then the
IJiNC HC(CSSdA ~ 0tldltl IA4C ORtjCCt must
be applied. Accordingly, while inform
ing Congress !" that the revenue still con-
tinues to be collected as heretofore at the
Custom House In Charleston." he says
that should the Collector unfortunately
resign, a successor may be appointed to
perform this duty"
rHE SENATE nErusEs rHnoueHour THE rSr1RE
sEssIos TO APPOINT A COLLECTOR ron CHARLESTON.
The Collector (William L. Colcoct)
continued faithfully to perform bis duties
until some days after the State had
seeded, when at the end of December he
resigned. The President, Immediately
afterward, on the I'd january, nominated
to the Senate, as his successor, Mr.. Peter
McIntire, of Pennsylvania, gentleman
well qualified for the office. The selec-
ton could not have been made from South
Carolina, because no citizen of that State
would have accepted the appointment.
The Senate, throughout their entire ses-
sion never acted upon the nomination of
Mr. NcTntire and without Collector Of
Customs duly appointed, it was rendered
impossible for the President, under any
law in existence, to collect the revenue
CONGRESS REFUSES AUTHORITY TO COLLECT THE
REVENUE BIZ FORCE.
But even if the Senate had confirmed
Mr.. McIntire's nomination, it is extreme
| ly doubtful whether the President could
lawfully have collected the revenue
against the forcible resistance of the
State, unless Congress had conferred ad-
ditional powers upon him For this pur-
pose Mr.. Bingham, of Ohio, on the Sd
January, 1861, (Con. Globe, p, 236, bills
II. r., No. 910) the day after Mr.. Nc
Intire's nomination to the Senate, re-
ported bill from the judiciary Commit
tee further to provide for the collection Of
duties on imports This bill embraced
substantially the same provisions, long
since expired, contained in the act of I'd
| March, 1888, commonly called " the
Force bill" " to enable General jackson to
collect the revenue outside of Charleston,
/" either upon land or on board any vessel. =
4Mr. Rtnghans's bill acqs permitted to
slpasber on the files Of the House until tie
I'd March, the last day but one before
Congress erpired (H. Journal, p. 1867,
aohen be naoUed for suspension of the
rules, to eaa6se the House to take 1t up
aud consider ii, but ht.s motion prored
atnsuccessfut. Indeed, the motion was net
made until SO late an hour of the session
that even if il had prevailed, the bill
could not have passed both Houses before
the final adjournment. Thus the Presi-
dent 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
Mr.. Bingham's bill shared the fate of all
lother legislative measures Of whatever