V
- , k
-.
1
1
ALBANY, LINN COUNTY, OREGON, SATURDAY, JANUARY 13, 18GC.
NO. 23.
STATE
1 1
STATE RIGHTS DEMOCRAT.
ISSUED EVERY SATCRDAY,
13 ALB VX Y, LIXX COUXTY, OGX.
v PUBLISHER AND EDITOR.
Cfice Tie One Story Building en the
-Street nmuing- from the Hsver hy the
-Court House, East side, Two Blocks
Seats f the tSaia. Bnsiaca street.
; TERMS:
ron srrscKXTTxoNi
One Copy for One Year - - - S
One Copy for Six Months - - - 82
ESSr JSaj-Toent to he Bade in advance in every
as.. The Taper will not be sent to any address
nlej ordo'red, and the term for which it shall be
ordered bo paid for. X "rfgarfiir will 6 made
from tkeit termi fa any 'nltn.
' IT.'B.; Timely prior Wea trill te, Rvn to
ach Subseriber.of A week 04 Lich h's uH--.
. H -a win expire, and unless an order for its
eoiisinuaaee' accompanied, with the money, be
Ce, the Paper will he discontinued to that
address ' ......
. ron ADVEISTtSINa:
rer One "Square, ef Twelve Lines, or
Lets, One Insertion - - - $3
For Each ' Ss Jsequeat Insertion - 1
A liihcral Redaction from these
Rates to Quarterly, Half Yearly and
Yearly Advertisers, and upon all Lengthy
Advertisements, will be made.
GENERAL N0TIC2 1 ... .
Correynondents writinsr over assumed sis-nature:
r anonynjousiv, mttft make known their proper
ames to tne bailor, or no attention will be given
W tnoir communications.
AH Letters and Comsnonieations. whether on
bnsinass or for publication, should be addressed to
taaJKditor. .-. v. . ..
THE KQTEL TO TRY IN PORTLAND!
NEW' COLUMBIAN.
3Vos. IIS, 120 and 122 Front, cox -
ner or, "Iorrison Street.
GOOD NEWS FOR ALL !
nrtiiE iveit colusidiax hotel
g having jnt been elegantly fiui.-bcd, and being
tauwveady for the reception of Utreststhe Propri
etor woald say to the Citiien of Willamette Valley
and cf Southern Oregon, cf the Upper Columbia
. and Idaho, and to the travelling public generally,
that he is now ready to entertain all who may favor
nun w;ta taeir patronage,
v AT PRICES TO SUIT.
. The Xew ConmsHt is an entirely new bnilding,
hard finished, rooms well ventilated and well fur
nished, and has capacity to comfortably accommo
date fcix Hundred Oa;?ti
The Dicing Hcom is iarre and commodious, and
has fine suits of" rooms with connecting doors, for
families. -. - ! '
- THE T1DLE
Will he furnished wnh the best the Market a5ords,
nd the Proprietor is determined that no hotel ia
Portland sbail excel bis in the excellence, Tariety,
and completeness of his table.
Hot, Cold and S&ower Eallis,
For the Guest, free cfcharge. " '"
A Iarge Tire Proof" Safa
For the secure deposit of valuables helongin g to
Guests. -
The Bag-page of Guests conveyed to and from
-the Hotel wichent charge.
J House open ail sight.
... ..TERMS: .
Coardy per Week - t$5
Hoard and Lodging - fY to $10
The Proprietor will at all times endeavor to
please hi Guests, and w.mld respectfully aoiieit
tne patronage 01 tae traveHvn? pnbS-.c.
, P. B. SLSXOTI, Proprietor.
Portland, Doc. 25, 1S55.
oachiije:shop.i
afA;; F. CHERRY, :; "
"YYAYIXG PCEC1IASED THE E3T-
JLJt.tire jntTrt is the ALBAXY FOUNDRY
Ai MACHINE SHOP, I am
.O 'Prepared; to Furnisa - ,
nROUSHT AK3 CAST lHO!i WOEK
Of every description, on short notice. Also,
- BRASS CASTINGS.
:--,--! X3. Orderii for
. IJ3I.L WORE v
Will be filled with dispatch, and U a satisfactory
- , naannor.
'. . ;.UOHEJ POWERS
" ' V asb ' v. ' . "
Agricultural Implenichis
2aahn factored ta order, and particular attention
paid to Repairs. . , ,r
AH kinds of w-
PATTSnri WOES " . '
. v, .;; I- f ' n v done to rder on short notice
y A. F. CHERRY,
Albacy September 16, 1865.
ALB AN Y,OREaON.
T HAVE ALTTAYS OJT HAKD,
r tr:ll Miinnracture to order, every Etyle of
.it the siiortest notice asi lowest possible charges.
Bo&rds tat c hed and'planed.
l&ort . executed Ja a tyle eot wtrpassed iy aoay
, . Shop, in the State. .. -,-.r - ; ,
' The Mill is in the lower cart of the town.
pa tha river back, at the corners of tba joining
claims of the 2donticth aad Haekiaman.
" J. B. COMLET.
e Albany, Scptcashor 29, 1865. . ...
;UalGEOn,:- .DENTIST,"
jjate Gradnafe of the
v CineinaaU College -cf A
Toaid :!ta oiTsr Ik Frsfes4otial gervices iafk
itiiens of tlii place ui Stfrrounding country.
Offtcb Up stairs TosterV Brk-s: BaEispg.
E?ideBre elocgaide-of the PaciSe Bot'eJL. "
Albacy, iutssl llzix, 1865.
anl4tf.
f tra,t :'e W'iil annexed, of tbe estate of.
.JviDf McSi-Tl', di-eeased, herebv notifies all
f.-ofc liATtiiS cuuim agaiosi said estate," to pre-H
f:nt ta same wi.a proper voaciers, to the noder
:ned at big resideuee, rlstcen miles eoata of Al--'.
Orr?!, wiiiia Ix month from the date of
. , , JONAS DAVIS, -
Jnaary Ci, I.;.. 3.-4 . , Administrator.
CRASoa & Hzus, A.-rs, f,r Adai'r. -
JAS. BtXISAIVAX'S HOOK.
Ex-President Jaiues Bucbananf eays
the Ohio Crisis, ha3 written a history of
his important Administration, tvhich was
to have been issued front the Appletoa.
press on the rst of this month. We
have not yet seen a copy of the book, but
find in a Philadelphia paper the preface
to the work, which we give below. The
virup nt and malignant Abolition papers
havtf already "reviewed" the book in
their usual billingsgate Style, although
they have never seen it or read it j but
its merits or demerits, whatever they may
be, will find a better judge in the mind of
the people and posterity, than the foij-and
foolish political hacks yJio have cJjT
ed sua Ihe iact of? Mr. Buehanan finish
ing a history of his times, an opportunity
to revive their stupid slanders and ventil
ate their senseless malignity. The fact
that the venerable ex-President has re
mained quiet four years under an "unpar
alleled storm of abuse, misrepresentation
and ignorant prejudice, calmly waiting
his time to defend himself, imparts an
interest to his work which it would not
otherwise possess. The rreface which
A "
we reprint below unites that tone of dig
nity which belongs to a historian of the
scholarly polish of the genuine statesman:
Ihtr; following historical narrative of
the events preceding the late rebellion,
was prepared soon after its outbreak, sub
stantially in its present form. " It may be
asked why, then, was it nof published at
an earlier period ? The answer is. that
the publication was delayed to avoid the
possible imputation, unjust as this would
have been, that any portion of it was
intended to embarrass Mr. Lincoln's ad
ministration in the vigorous prosecution
of pending hostilities. The author
deemed it far better to suffer temporary
injustice than to expose himself to such
a charge. He never doubted the suc
cessful event of the war, even during its
most gloomy periods. Having drawn his
first breath soon after the adoption of the
Federal Constitution and the Union which
it established, and having been an eye
witness of the blessed effects of these in
securing liberty and prosperity at home,
and in presenting an example to the op
pressed" of other lands, he felUan abiding
conviction that the American people
wouid never suffer the great charter of
their rights to be destroyed. To the
Constitution, as interpreted bvits'framers.
he has ever been devoted, believing that
the specific powers, which it confers on
the Federal Government, notwithstanding
the experience of the last dreary years.
are sufficient for almost every possible
emergency, whether in peace or in war.
lie, therefore, claims the merit if merit
it be simply to do one's duty that while
in the exercise of executive functions, he
never violated any of its provisions.
It may be observed that no extensive
and formidable rebellion of an intelligent
people, against an established rovcrnmcnt.
has ever arisen without a long train of
previous and subsidiary causes. A prin
cipal object of the author, therefore, is to
present to the reader a historical sketch
of the antecedents ending in the late re
bellion. In' performing this task, the eye
naturally fixes itself, as the starting point,
upon the existence of domestic slavery in
the South, recognized and protected as
this was, by the Constitution of the United
States. We shall not inquire whether its
patriotic and enlightened frame'rs acted
with wise foresight in yielding their sanc
tion to an institution which is in itself a
great social evil, though they considered
this was necessary to avoid the greater
calamity of dissolving: the convention
without the formation of our Federal
Union, ' -
The narrative will prove that the orig
inal and eonspiring causes cf all our
future troubles are to be found in the
long, active and persistent hostility of the
Northern Abolitioaiste, both in and out of
Congress, against Southern t lavery, until
the final triumph of their cause in the
election of President Lincoln; and, on
the other hand, the corresponding antag
onism and violence with which the advo
cates of slavery resisted these efforts, and
vindicated its preservation and extension
up to the period of secession. So ex
cited were the parties, that had they in
tended to furnish material to inflame the
passions of the one agains? the other,
they could not have more effectually suc
ceeded than they did by their mutual
criminations and reeriminations. The
struggle continued without intermission
for more than the quarter of a century,
except within the brief interval between
the passage of the compromise measure
of 1850 and the repeal of the Missouri
Compromise ia 1854, during which the
hostile feelings of the parties were greatly
allayed, and hopes were entertained that
the strife might finally subside. "These
peaceful prospects," it will appear, were
soon blasted by thearepeal of this com
promise, and the struggle, was then re
newed with, more bitterness than ever,
until the final catastrophe. ' Many griev
ous errors were committed hy both parties
from the beginning, but the most fatal of
them all was the secession of the cotton
States.
The authorities cited in the work will
shoTfsthat Sir- Buchanan never failed,
upon all euitabla occasions, to warn his
countrymen of the approaching danger,
and to advise them of th proper means
to avert it. ,,35oti Terore and after he
became President,-he was an earnest ad
vocate of compromise between the parties
to save the Union," but Congress disre
garded his recommendations. Even after
he had, in his message, exposed the dan-
tous condition 01 public affairs- and
when it had become morally certain that
all his efforts to avoid the civil war would
be frustrated by agencies far beyond his
control, they persistently refused to pass
any measures enabling him or his suc
cessor to execute the laws against armed
resistance, or to defetid the country against
approaching rebellion.
The book coneludcs by a notice of the
successful domestic and foreign policy of
the Administration. In the portion of
it concerning our relations with the Mex
ican Republic, a history of the origin ami
nature of the Monroue doctrine is appro
priately included.
It has been the author's intention, in
the following pages, to verify every state
ment" of fact by a documentary or other
authentic refcrcuce, and thus save the
reader, as far ui may be possible, from
reliance on individual memory. From
the use of private correspondence he has
resolutely abstained. J. B.
Wheatland, Sept., 1SC5.
,We sow jnoc3tl to give extended ex
tracts from Mr. Buchanan's book, and we
ask every reader to peruse them. The
vindication of the venerable cx-Prcsideut
is complete and unquestionable. He
places the responsibility of the war ex
actly where it belongs upon the Aboli
tion party:
CHAPTER Vlir.
COXSGRrS PASSES NO MEASrilKS TO ESAEI.E THE
PEES1PKST- TO KXECETB TBK LAWS OR DEFEJn
THE COVEnXSCNT,
We have already seen that Congress,
throughout the entire session, refused to
adopt any measures of compromise to pre
vent civil war. or to retain first the Cottnn
or afterwards the Border States within
the Union. Failing to do this, and wh:l.-t
witnessing the freeessiou of one after
another of the Cotton States, the with
drawal of their Senators and lieprefenta
tives, and the formation of their confed
eracy, ft tasthf! impvrolivt t'ufy rf m
grcss to furnish' the JWxidi nt or his suc
cessor the W(nj of rcpcUin-j force &:
force, should this become necessary to pre
fer re the Luton. ih"V. ncvcTthetras, rt-
fused to perform this duty icith a much
pertinacity as they had tnnrttfrd in re
pudiating alt measures of comprennite.
TEET PECl-IXS TO P.EVIVE THE AFTHORITT OP THE
rEPEnAt-jmscititY in sofrn Carolina.
1. Atthe meeting of Congress a Fed
eral Judiciary had ceased to exist in South
Carolina. The District Judee, the J)
trict Attorney, and the United Ptat
II t 1 1 , 1 n. I
-uarriai iwi res:gnea tneir oitices. Ihe-e
ministers of justice had all deserted their
posts before the act of secession, and the
laws of the United States could no lonjrer
be enforced through , their agency. We
have already seen that the President, in
his message, called the attention of Con
gress to this suhjeet, but no attempt was
made in either House to provide a reme
dy for the evil.
THET RErrSE THE AVTITOTUTT TO TIM. FORTH THE
HH.IT1A OB ACCEPT VOlCJtTEERS.
2. Congress positively refused to pass a
law conferring on the President authority
to call forth the militia, or accept the
services of volunteers, to suppress insur
rections which might occur in any State
against the Government of the United
States. It may appear strange that this
power had not long since been vested in
the Executive. The act of February 2.
1735, (1 Stat, at Large, p. 424.) th e'en by
law applicable to the subject, provides
alone for calling forth the militia to sup
press insurrections against State govern
ments, without making any similar pr"i
sion for suppressing insurrections against
the Government of the United States.
If anything were required beyond a mere
inspection of the act to render this clear,
it may be found in the opinion of Attorney-General
Black, of the 20th Novem
ber, 1860. Indeed it is a plain casus
omissus. This palpable omission, which
ought to have been instantly supplied,
was suffered to continue until after the
end of Mr. Buchanan's administration,
when, on the 29th July, Congress con
ferred this necessary power on the Presi
dent. (12 U. S. Stat, at Large, p. 281.)
The framers of the act of 1795 either did
not anticipate an insurrection within any
State against the Federal Government, or
if they did, they purposely abstained
from providing for it. Even in regard to
insurrections against a State government,
so jealous wpe they of any interference
on the part' of the Federal Government
with theiights of the States, that they
withheld from Congress Jhe power to
protect any ftr8 " against domestic vio
lence" except on the application of the
LegLLi-oi-e, or of the Executive(when
the Legifc'.ti.iio cannot be convened)."
Under the act of 1795, therefore, the
President is precluded from acting even
upon his own personal and absolute
knowledge of the existence of. such an
insurrection. Before he can call forth
the militia for its suppression, he must
first be applied to for this purpose by the
appropriate State authorities, in the man
ner prescribed by the Constitution. It
was the duty of Congress, immediately
after their meeting, to supply this defect
in our laws, and to confer an absolute au
thority on the President to call forth the
militia, and accept the services of volun
teers, to suppress insurrection against the
United States, whenever, or wherever
they might occur. This was a precau
tionary measure which, independently of
existing dangers, ought long since to have
formed a part of our permanent legisla
tion. But no attempt was ever made in
Congress to adopt it until after the Presi
dent's special message of the 8th January
1861, aad then tJie attempt entirely failed,
Meanwhile the aspect -of publio affairs
had become more a$d more threatening.
Mr. Crittenden's amendment had been
defeated before the Comniittae of Thir
teen, on the last dayef December j and
it was also highly probable that his prop
osition before the SeDate to refer it to. a
vote of the people of the States would
share the same fate. South Carolina and
Florida had already seceded, and the other
Cotton States had called conventions for
the , purpose of seceding.- Nay, more,
several of them had already , seized the
forts, magazines, and arsenals within
their limits. Still, all this failed to pro
duce any effect upon Congress. It was
a this crisis the President sent his
special message to Congress (th January.
18G1), by which he endeavored to imprc.is
them with the cecesiity for immediate
action. TI concealed nothing from them.
Whilst still clinging to the fadtug hope
that they might yet provide for a peace
ful adjustment of our difficulties, and
strongly recommend ing this course," he
says : " Even now the danger is upon us.
In several of the States which have not
yet seceded, the forts, arsenals, and mag
acines of the United States have been
seized. This is by far the most serious
step which has been taken since the com
mencement of the troubles.
The seisuro of this property, from all
appearances, has tecrpurely aggressive,
and not in resirty, a4o any attempt to
oerce a Stat 0; j rto reaiain in the
Union." n?T- , well-known
faet that oar Tr?i;uraTmy was on the re
mote frontiers, and was scarcely sufBcient
to guurd the inhabitants against Indian
incursions, aud consequeatly our forts
were without sufficient garrisons. -
Under these circumstances he appeals
to Congress in the following language :
" But the dangerous and hostile attitude
of the States toward each other hits
already far transcended and cast iu the
shade the ordinary executive duties
already provided for by law, and has
assumed such vast and alarming propor
tions as to p'nee the subject entirely
above and beyond executive control. The
faet cannot be disguised that we are in
the midst of a great revolution. In all
its various bearings, therefore,.! com
mend the question to Congress, as the
only human tribunal, uader Providence,
possessing the power to meet the existing
emergency. To them excluni rly b longx
the pv;rer to declare vnr or to authorize
the employment cf military frce in all
can contcwplated ly the Constitution ;
and they alone posse? the power to re
move grievances which might lead to
war. and to secure peace and union to thi
distracted country. On them, nnl on
them alone, re-!s the rcponsibilitv."
Congress might, had they thought
proper, lnve regarded the forcible seizure
of these forts ami other property, incht 1
ing that of tbe branch mint at New Or
leans, with all the treasure it contained,
as the commencement of an airurcs-sive
war. Beyond question the Cotton Slates
had now committed acts of open hostility
against the Federal Government. They
had always contended that secession was
a peaceful constitutional remedy, andfiiat
Congress had n power to make war
against a sovereign State fur the purpose
of coercing her to remain in the Union.
They could no longer shelter themselves
under this plea. They had by their vio
lent action entirely changed the position
they Lad assumed; and intead of peace
fully awaiting the decision of Congress
on the Question of coercion thev had
themselves beecue the eoereienists and
&3?ai Uuits. This question had, therefore,
passed away. A pr.on has ever doubted
jfie right or the duty of Congres to pas
lavs enabling the Preside t to defend the
Union 'against armed rebellion, Con
gress, hoiceier, stilt shrunk from the rc
fpoimbi?.ify of patting any snrh fates.
This might have been commeudable had
it proceeded from a sincere desire not to
interpose obstacles to a compromise in
tended to prevent the effusion of fraternal
blood and restore the Union. Still, in
any event, the time had arrived when it
was their duty to make at the least con
tingent provisions for the prosecution of
the war, should this be rendered inevita
ble. This had become the more necessary
as Congress would soon expire, and the
new Congress could not be convened for
a considerable period after the old one
had ceased to exist, because a large por
tion of the representatives had not then
been elected. These reasons, however,
produced no effect.
The President's special message (Con.
Globe, p. 3 16) was referred, two days
after after its date (January 10), by the
Houss of Representatives to a special
committee, of which Mr. Howard, of
Michigan, was chairman. Nothing was
heard from this committea for ihe space
of twenty days. They then, on January
30, through Mr. John II. Reynolds, of
rsew lorfc, one of its members, reported
a bill (Con. Globe, p. C4.5, bills of II. R.,
No. G9S) enabling tho President to call
forth tho militia or to accept the services
of volunteers for the purpose of protect
ing the forts, magazines, arsenals, and
other property of the United States, and
to " recover possession " of such of these
as ': has beeu or may hereafter be unlaw
fully seized or taken possession of by any
combination of persons wjfatevcr." Had
this bill become a law, it wtild have been
the duty of the President at once to raise
a volunteer or militia force to recapture
the forts which had been already seized.
But Congress was not than prepared to
assume such a responsibility. Mr. Rey
nolds accordingly tcithdrew his bill from
the consideration of the House on the very
day it was reported. On his own motion
it was recommitted, and thus killed as
soon as it saw the light. It was never
heard of more.
Then, after another pause of nineteen
days, and only a fortnight before the close
of the session, the Committee on Military
Affairs, through Mr. Stanton, of Ohio,
their chairman, on February l8, reported
another bill (Con: Globe, p. 1,001, bill
1,003, n. R.) on the subject, but of a
more limited character than that which
had been withdrawn. Jt is remar table
"that it contains iio provision touching the
recovery of the forts . and other property
which had been already seized by the de
linquent States. It ; did no more than
provide that (the powers already possessed
by the President, under the act of 1795.
to employ the militia in suppressing- in
surrections against a State Government,
should be v extended' to the case or in
surrections against the authority of the
United states.' -with the additional au
thority to "accept 'the services of such
volunteers as may offer their services for
the purpose mentioned." Thus all hostile
action for the recovery of tho forts already
seized was excluded from the bill. It is
difficult to conceive what reasonable ob
jection could be made to this bill, except
that it did not go far enough and embrace
the forts already seised ; 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
ail this, the House refused to act upon it.
The bill was discussed on several occa
sions until Tuesday, February 20. On
that day a motion was made by Mr. Cor
win, of Ohio, to postpone its considera
tion until Thursday, February 28. (Con.
Globe, 1,232.) Mr. Stanton, the reporter
of the bill, resisted this motion, stating
that such a postponement would be fatal
to it It will, said he, " be impossible
after that to have it pascd by the Sen
ate" (before March 4). He therefore
demanded the ayes and noes, and, not
withstanding his warning, 31 r. Corwiu's
motion prevailed by a vote of 1U0 to 74,
and thus the bill was defeated.
It may be proper to observe that Mr.
ConvTJvhose. motion killed the bill, vas
a confidential friend of the President
elrcf, thn present in. Washington, anil
icas soon thereafter appointed Minister to
Mtxico.
so ArpnorniATioxs pRoroen ran. tub eifkssb
OF THE COTKR.lfEST.
But even had Congress passed this bill,
it would have proveu wholly inefficient
fur 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 trifling sum, without a previous ap
propriation by law. The union of the
purse with the sword, in the hands of the
executive, is wholly inconsistent with th;
idea of a 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 nece-sary safeguard if liberty.
This exists in every government pretend
ing to be free. Heuee our Constitution
has -declared that " no money shall be
drawn from the treasury but in couse
quence of appropriations made by law.'
It is therefore apparent that even if this
bill had become a law. it could not have
been carried into effect by the Presidtut
without a direct violation of the Consti
tution. Notwithstanding these insuper
able obstacles, no member rf either House,
throughout the tntire session, ever even
proposed to raise ot appropriate a single
dollar for the d'ftnsr of the GovernmentX
against armed rebtlliuti. Congress not j services of volunteers, and for the em
only refused to grant the President the ! plovrnent of the navy, if necessary, out-
authority and force necessary to suppress
insurrections against the United fctates,j
but the Hi-Hate by re fvsir.'j to confirm n". 1
Komhuttitm of a (dt-ctor f the Vastoms j
for the port of Charleston, effectually tied I
hit hands and rendered it impossible for
him to collect the revenue within that
port. In his annual message he had ex
pressed the opinion that " the same insu
perable obstacles do not lie in the way of
executing the existing! laws for the col
lection of customs on the seaboard of;
South Carolina as had beeu interposed to
prevent the administration of justice un
der the Federal authority within the in
terior of that State." At .all events, he
haii determined to make the effort with
the naval force utider his command. 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 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 uufortunately
resign, a successor may be appointed to
perform this duty."
THE SI5ATR RBECSKS Timor&HOUT THE IXTinE
SESSION TO APPOINT A COLLECTOR POH CHARLESTON.
The Collector (William F. Colcoct)
continued faithfully to perform his duties
until some days after the State had
seceded, when at the 'end of December he
resigned. The President, immediately
afterward, on the 2d January, nominated
to the fecnate, as his successor, Mr. l'eter
Melntire, of Pennsylvania, a gentleman
well qualified for the office. The selec
tion 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. Melntire; and without a Collector of
Customs duly appointed, it was rendered
impossible for the President, under any
law in existence, to collect the revenue.
CONGRESS REFUSES AtTTItOUITT TO COLLECT THE
REVENUE BY FORCE.
But even if the Senate had confirmed
Mr. Mclntirc's nomination, it is extreme
ly doubtful whether the President could
lawfully have collected tho 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 3d
January, 18G1, (Con. Globe, p, 236, bills
II. R., No. 910) the day after Mr. Mc
lntirc's nomination to the Senate, re
ported a bill from tho J udiciary 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 2d
March, 1833, commonly called " the
Force bill," to enable General Jackson to
collect the revenue outside of Charleston,
" either upon land or on board any vessel."
Mr. Bingham's bili was permitted to
slumber pn the files of the louse until the
2d March ihe last day but one before
Congress expired (H, Journal, p. 465),
when tye moved for a suspension of the
rules, to enatse the Mouse to take it v,n
aud consider it, but hit motion, proved
unsuccessful. Indeed, the motion was net
made until so late an hour of the session
that even if it had .prevailed, the bill
could not have passed bothTIouses before
the final adjournment, -Thus the Presi
dent was left both without a Collector of
Customs, and most probably without any
law which a Collector could have carried
into effect, .had such an officer existed
Mr. Bingham's bill shared the fate of all
other legislatiye measures of whatever
character, intended cither to prevent or
to confront tho existing danger. From
the persistf nt refusal to pass any act ena
bling either the outgoing or the incoming
Administration to meet the contingency of
civil var, it may fairly be interred that
the friends of Mr. Lincoln, in and out of
Congress, believed he teoula be able to
settle the existing difficulties with the Cot
ton Stales in a peaceful manner, and that
he might be embarrassed by any legisla
tion contemplating the necessity of a re
sort to hostile measures.
cosobbss sacs, liatixs tb law as tdet
' POCHtJ IT.
The Thirty-sixth Congress expired on
the 3d March, 1801, leaving the law juat
as thev had found it. They made no
provision whatever for thy suppreswon of
threatened rebellion, but deliberately re
fused to grant either men or money for
this purpose. It was this violation of
duty which compelled President Lincoln
to issue a proclamation convening the new
Cougress in speeial session, immediately
after the attack on Fort Sumter. Urgent
and dangerous emergencies may have
arisen, or may hereafter arise in the
history of our country, rendering delay
disastrous, such as the bombardment of
Fort Sumter by the Confederate Govern
ment, which would for the moment justify
the President in violating the Constitu
tion, by raising a military force without
the authority of law, but this only during
a recess of Congress. Such extreme
cases are a 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
from enemies abroad. In all such cases,
however, it is the President's duty to
present to Congress, immediately after
their next meeting, the cauces which im
pelled him hus to act, and ask fur their
approbation; just, as on a like occasion.
a British minister would ask Parliament
for n bill of indemnity. would be diffi
cult t hoicevr, to conceive of an emergency
so extreme at to Justify or even excuse a
President for thus transcending his con
stitutional power? iehit.-it Congress, to
whom he could make an immediate ap
peal, was in session. Certainly no suuh
case existed during the administration of
the liite President. On the contrary, not
only was Congress actually in session, but
bills were long pending before it for ex
tending his authority in ealling forth the
militia, for enabling him to accept the
side of ports of entry for the collection of
the revenue, all of which were eventually
rejected. Under these circumstances.
ha 1 the President attempted, cf his own
mere will, to exercise thee high powers.
whilst Congress were at the very time
deliberating whether to grant them to him
or not, Le would have made himself justly
liable to impeachment. This would ha.ve
been for the Executive to set at defiance
both the Constitution and the legislatiye
branch of the Government.
TlIE TALtANDIGHAX AsSAVLT SrORY. The.
report having been circulated in the Cincin
nati Commercial and other Abolition papers,
to the effect that the Hon. C. L. Vallandig
ham had been assaulted and made to run for
his life by an Abolition mob at Eaton,
Ohio, the Enquirer gircs the following cor
rect statement of the affair :
The statements made by the Commercial
of yesterday, in regard to an assault upon
Mr. Vallandigham at Easton, are, with a
single exception, untrue. The real facts are,"
simply, that 3Ir. V. went on Monday night
to Laton to argue a case in court, and did
argue it on Tuesday, remaining in town all
day, and at the hotel till some after dark.
He went directly to the depot, and the train
being behind time, remained at or near the
depot for an hour, when, after he wa upon
the cars, some cowardly ruffians threw stones.
The train remained a quarter of an hour
afterward ot the depot, but nothing further
occurred, except loud talk aud threats out
side, Mr. y. came down to this city the
same night, aud remained till )ast evening.
The affair was disgraceful enough to the
town and all concerned in it, as it actually
occurred 5 but even with the exaggerated
statements of it, the Commercial adds not
one word of condemnation.
New Theort of Dietetics. Dr. Erasmus
Wilson, quite Celebrated in England, has
been lecturing very extensively, and finally
published several lectures, to prove that the
great body of the young English gentry are
annually starved into imbecility and death
by the insufficient quantity of their food. A
breakfast of tea and toast he does not approve
of, and for growing youth, instead of meat
once a day, at dinner, he thinks three, times
a day would he nono too much. ; Instead of
a diet two-thirds vegetable to one-third ani
mal food, lie would have it exactly reversed.
no speaks ot this chieny as a means ot pre
venting disease. The most vital organs,
apart from the digestive tube, are, he says,
the brain, the lutj-ga and the heart. If these
are not supplied ith a sufficiency of whole
some nutriment, there are always elements
of disease enough lurking round to attack
and destroy them. We all. know4 for in
stance, that the best sateguard against most
fovers and all miasmatic diseases, is a vigor
our state of health; and in a southern cli
mate to go out of doors before taking break
fast is therefore iustlv considered dangerous.
In like manner, in the north, where diseases
of the lungs prevail, cod liver oil, the richest
cream, and indeed a generous diet, is gener
ally the best medicine. The muscular fibre
of meat, rather than the fat, or a vegetable
tood, is the great secret of even the Banting
system. Nor ia there any doubt but that the
healthy action of the brain and heart depend
on plenty of good nutriment.
All Wet. The Quincy Union is rcspon
siblo for the following: '
A bashful and rather green young fellow
01 uur acquaintance, lnyuea a young iaay 10
attend a bait with him one night last sum
mer, ' The invitation was accented, and the
couple appeared at the hall. '. After dancing
fnr RnmA timA.' M mAflnxr' caw l,ia worhiAr
sitting, and sat down beside heri AH "well
so far ; but the bashful fellow was at a loss
for something no- say. He fidgeted about
considerable, and was wcatin nrofusely.
Finally, taking hold of his wilted collar, he
commenced conversation thus : .'It's power
ful wnrm in thin mnm mv shirt's Wet,
ain't yours?" His partner blushed, said
nothing, and took his arm tor ine ncn uauw
From the New York Journal of Commerce. J. :
A LESflOX FOR DEMOCRATS.
The result of the election, in the State,
of New York has surprised no one who
took any pains to ascertain the condition
of the publio mind. There was very little
interest felt in it by the people' at large,
and less by the Democrats than, the- Ke
publicans. It was manjfcat that, there,
was no serious question of principle at
stake. Both parties professed to endorse)
the President and his reconstruction polU
cy, while all the old issues were carefully
kept out of sight. Oar readers have ob-.
served that we refrained entirely from
taking either side in the contest; and this,
not because of any desire for neutrality,
but because there did not scent to be any
serious issue on which we felt it our duty.
to sustain either side against the other,5
Sou.- of the Democrats are expressing
disappointment at the result, but they have
received a lesson which ought to do thenx
good. It is very easily read; The Dem
ocratic party has ruled the country for
long period, with brief intervals. It will
probably rule the country again before
many years shall have - passed over ns.
It will never recover its power, however,
until it enters on the eontest with pure
and patriotic devotion to those national
principles which have been its special
charge in past years, and which, involv
ing the financial and commercial interests,
of the country, as well as the home and
foreign relations of the Government, will,
of necessity, become hereafter of para-;
mount importance to the nation's pros-;
ferity. . '
The simple truth is that the Democrat
must shake off from them the desire for
spoils, and discharge those leaders whose
sole object is power and place, before they
will again become victors. The election,
in this State was nothing but a contest fop
spoils. It was a mere race to determine . ,
who should win 31 r. Johnson. It was the
purest folly on both sides to suppose that
the President was so weak as to determine
his future course, and select his future
friends, by the result of a State election
of inferior officers, in which no great prin--ciple
was involvad. He is no such pnp
pet as the political leaders on both side
seem ta sqpposejiim. The election in?
New York decides nothing, either as tq
the reconstruction policy, the negro sufV
frage question, the resumption of specie
payments, the extension of the National
Bauk system, the foreign relations of the
Government, or aay other matter of na
tional importance. .
It was, therefore, exceedingly humili
ating to see the leaders on both sides en
gaging in a contest for the possession of
the President as if he were a ward polk
tit-ian, waiting to see whfenf icte was
stronger, and ready to throw himself into
the arms of the victors. The Republi
cans shouted "He is ours, for 'we. elected
him ;' while the Democrats shouted ?'He
is ours, for we resolved to support him
too. and will give the larsest vote." In
such a eontest it is not FurprisJng that the
people took little interest. ; If the Demo?
crats expect to try again, let them abandon
the leadership which has shown its weakr
ness in this election. The men who man-
aged the campaign for them were so evi-'
dently mere runners for spoils that the
voters were in large numbers thoroughly
disgusted. In New -York city, for ex?
ample, the only attempt to arouse the
public was made by placing Montgomery
Blair forward as the accepted champion
of the Democracy. For four years the
Democratic party here has done ht tie else
but protest against the arbitrary exercise
of power by the members of Mr. Lin
coln's Cabinet. The people were justly
astonished at Eeeing the very men who
had pretended to be most indignant and
furious in their devotion to the liberty of
the person and the pres, inviting to their
platform and putting forward as tbjj ex
ponent of their principles the very "maij
who was first in the late Cabinet to sup,,
press newspapers, who approved all the.
arbitrary arrests and other proceedings
had under the '? war poweV," and whq
does not pretend penitence, but, tflf the'
present day. justifies all those measures.
1 he argument, ot common sense was
very simple. . There was no doubt thaV
the managers were only seeking success.
power, spoils, at any sacrifice of principle.
Of course there were thousands of YOters
who staid at home, when such leaders
asked them to vote. It is not at all cer
tain that Democratic principles would.
have gained any strength by tha success
01 tne parry under sucn leaaersnip ana .
for such objects. It is just as well that
the Democratic leaders have received the
lesson they are now reading in pain,.
The next time they go into an election,
mey will pruuauiy nave iuc wibuuui ocw
that the people only vote with enthusiasni '
when there is a principle . at stake, and
that in contests for spoils, which do not
involve principle, they are never likely
be pleased with the tricks of politicians,
and never look "frith faror on the men.
who sink principles out ftf sigljt fof th.
sake of gaining power. v . . , .
A confirmed bachelor Bised th fonowing
argument against matrimony r " Calico: is a
great prompter of laziness. If young aaei
wish to accomplish anything of momcni eithr
er with head or hand, they must keep clear of,
the institution entirely. , A pair of swee
lips, a pink waist, swelling chest, a pressure
or two delicate hands, will do as ta
unhinge a man as three fevers, the xz i:
a large-sized whooping-cou gh, a pair 01 t
ed jawsevEal hydrophobias, an. the v'
tor tillV - '
A WobdNto th Fai Sxx. " I hav
found," eavi Addison, ",that the men whq
are rally mis' fond the omea &Dd wb5
cherish for tfiem the highest respect, a ee.
dom the most popular with the sex.
great assurance, whoso tongues . are lightly
hung, who make words supply tho places of
ideas, and place compliment in the room cf
sentiment, are their favorites. r A dus i re-,
spectfor women leads to a respeetfuj action
towards them, and respect is taken by taea
fbr neglect or want oflove.';' '
- Josh Billings aya-n" When a man's df
deserts him on account of his poverty, hy
can't get any lower down ia this world not
by land." '
1 - i
-J
1 t r t