The condition of the country demands action. A “masterly inactivity” policy is the wisest for some emergencies, but it is not adapted to our present needs. The Government must vindicate its power in the face of treason and rebellion, or its destruction is as certain as that the law of gravitation will execute itself. The demoralization of public sentiment now in progress as to the power and efficiency of our National Government must be speedily arrested, or no earthly power will be able to avert the ruin that threatens it. We are not for making war upon the people of the seceding States, but we are for enforcing the laws everywhere within the jurisdiction of the Federal Government. If men choose to make war upon the Government for the proper exercise of its Constitutional prerogatives, that is a matter for which they alone are responsible. As the upholders of the Constitution and laws, it does not devolve upon us to discuss the question of war at all. That burthen rests upon those who trample upon the one and resist the execution of the other. Government does not make war upon a murderer when it arraigns him for trial, establishes his guilt and executes him. It is simply performing one of its legitimate functions, the neglect of which from any cause whatever, would be an end of civil order and of government itself The effect is precisely the same in kind, if not in degree, whether it be the case of a single culprit, or of a whole community of criminals. The majesty of the law must be vindicated in each case, or the government has practically vacated its functions and ceased to exist. It is a delusion and a snare, therefore, to talk about the Administration making war upon the Seceding States, so long as it confines itself to the exercise of those duties for which it was created.
The checks and balances provided by the framers of our fundamental law to restrain the co-ordinate branches of government, each to its proper sphere, are such as to place the present national difficulties wholly beyond the reach of the Executive, unless aided by the. Legislative Department. The Force bill of 1832, adopted by Congress for the purpose ;of suppressing nullification, expired long since by limitation. The law of 1799, empowering the President to call out the military force of the country to put down insurrection in a State at the solicitation of the Governor thereof, is not applicable to the present condition of affairs. In each of the seceding States, unless Texas be an exception, the Governor is at the head of the insurrection, and is not likely to prefer the request contemplated by the law. The President, therefore, is measurably powerless. If reports from Washington be true, Fort Sumter, with its magnificent armament and munitions of war, is about to be surrendered to men who are in arms against the Government. Whatever of men or money might be required for provisioning, reinforcing and holding possession of that stronghold, would be forthcoming at the call of the President, if he were but invested with the power to make it. There are other Forts at the South still held by the loyal forces of the United States, which may soon be reduced to a similar strait with Fort Sumter. Shall they too be given, up to rebels? There again, unless the law making ports of entry of certain places in the seceding States, be repealed by act of Congress, a large proportion, of our foreign commerce will be diverted thither from the ports of loyal States, and the duties collected upon it will he used in strengthening and sustaining the rebel government. The difficulties in the way of collecting duties on ship-board seem to be insuperable; and that project would not meet the emergency fully even if attempted.
Looking at the whole subject from our stand-point, there seems to be but one course which the Administration can pursue with any hope of reaching a favorable solution of existing difficulties. That is to summon an extra session of Congress with out unnecessary delay—to place before that body in plain and unequivocal language the condition of the country, and to demand in no less unmistakable terms that it place the Executive in possession of the means necessary to execute the laws and to vindicate the power of the Government. Fears are entertained by some that certain Republican members of Congress would, in that event, unite with Democratic members and Secession Sympathizers to withhold the needed legislation. There may be danger of such a result. But for fear of the apprehended defection of a few members of Congress, shall the process of demoralization be permitted to go on, and the Government hastened to an ignominious end? For ourselves, we are for placing the responsibility where the Constitution intended to be placed, and risking the result. The Administration is fresh from the people, and the people expect it to do its duty. It cannot afford to stand between a disloyal Congress—if indeed: that be its character—and the people. The Executive feels the need of power which Congress can alone give to uphold authority and enforce the laws. Let him demand of Congress to place that power at his disposal. If it refuse, the responsibility for whatever may follow will rest wholly upon Congress; otherwise the people will hold the Administration responsible. This is the case in a nut-shell. Let us hope that something will be done soon to save the country from the humiliation of another Fort Sumter surrender.
Chicago Daily Tribune, Chicago, IL
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