Year: 1861

precipitated into war by blockading all the
southern ports blockading ports within
the United States blockading our own
ports with our own army and navy =
Where is the authority for that? What law
authorizes the President oil the United States
10 blockade federal ports at discretion He
has no more authority 10 blockade New Or
leans or Charleston than he has 10 block
ade New York or Boston; and no more legal
right 10 blockade Mobile than Chicago
Sir, canEot consent that the President of
the United States may at his discretion
blockade the ports of the United States or
any other country. He can do only what
the Constitution and laws authorize him 10
do. "He dare not attempt to obsiruct the
navigation al the mouth of the Mississippi
river" or at Noble, or at any other por, in
the seeded States, or even those that re-
on. The iniimaiiou that he is to DO this
implies want of respect for the integrity
of the President, or an ignorance of the laws
Of the land on the part of those who are
disturbing the harmony and quiet of the
country by threats of illegal violence.


Mr.. King Will the Senator allow me TO
ask him question in relation to his matter
Is it rot the duty of the President TO pre-
vent smuggling in all the ports of this
Union


Mr.. Douglas not am talking about
smuggling. 1t is his duty TO enforce the


laws of the land in respect to smuggling


But, sir, it is not his duty 10 prevent
smuggling in any other mode or by any
other means than those provided by law
Will the Senator from New York intimate
to the Senate and 10 the country that under
the pretext of preventing smuggling, the
President can close port created by law,
and stop all commerce connected with il !?
Will ne intimate that, under suspicion that
If the revenue cutter allows vessel TO en-
Ter the port of New Orleans she will not
pay any duties, therefore the President will
prevent her going there The law gives
no such power, no such discretion. The
suggestion, therefor, of he Senator from
New York, that these ports of the United
States are 10 be bockaded by the Navy at
the discretion of the President, under pre-.
tense of preventing smuggling, only shows
how loosely even Senators talk about the
powers and duties of The President. Ii is
no use 10 argne the question. There is no
law that authorize it. To do the act or
attempt it would be one of those "high
crimes and usurpations that would justly
subject the President OF the United States
10 impeachment"


But we are told that the President is 60
ing 10 enforce the laws in the seeded
States. How? BY calling out the militia
and using the Army and Navy These
terms are used as freely and as flippantly
as if we were military government where
martial law was the only rule OF action, and
the will of the monarch was the only law
on the subject. Sir, the President "cannot
use the Army or the Navy, or the militia,
for any purpose not authorized by law."-
What is that If there be an insunection
in any State against laws and authorities
thereof" the President can use military to
put il down ''only when called upon by the
Slaie Legislature, if it be in session, or il it
cannot be convened, by the Governor."-
He cannot interfere except when requested.
IL, on the contrary, the insurrection be "a
gaiast the laws OF the United States instead
of State, then the president can use the
military only as a posse commitdtus in aid OF
the marshal in such cases as are so extreme
that judicial authority and the powers of the
The military cannot be used in any case
whatever except the aid OF civil process TO
assist the marshall 10 execute a writ.
shall not quote the laws upon this subject
but if gentlemen will refer 10 the acts oi
1898 and 1907, they will find that by the
act OF 1895 the militia only could be called
out TO aid in the enforcement of the laws
when resisted 10 such an extent that the
marshal could not overcome the obstruction
By the act of 1908, the President is author.
lied 10 use the Army and Navy to aid in
enforcing the laws in all cases where it was
before lawful 10 use militia. Hence the
military power no matter whether navy reg
uIars, volunteers, or militia, can be used
only in aid OF the civil authorities.


Now, sir, how are you going to create a
case in one of those seeded States where
the President would be authorized TO call
out The military? You must first pro-
cure writ from the Judge describing the
crime you must place that in the hands oI
the marshal, and must meet such obstruc-
tions as render it impossible for him to ex.
ecule IL and then, and not till then, can
you call upon the military. Where is your
Judge in the seeded States? Where is
your marshal You have no civil authori-
ties there, and the President, in his inaugu-
raj, tells you he does moi intend TO appoint
anr la aid he intended in usE. The nnwer