Sec. 2. And be it further enacted, That whenever the laws of the United States shall be opposed, or the execution thereof obstructed in any State, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by this act, it shall be lawful for the President of the United States to call forth the militia of such State, or of any other State or States, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of Congress, There is nothing in the act that precludes unilateral action by the President.
The Supreme Court read it that way, in any case.
Walt
There is nothing in the act that precludes unilateral action by the President. The Supreme Court found that a blockade was lawful under the Laws of War and found in existence a War.
Now you are, once again, desperately citing the part of an Act regarding obstruction of the courts, and action permitted to assist the marshals of the courts.
Now, instead of fighting a war, you have The Lincoln combatting obstruction of the judicial system.
The Supreme Court found it was a WAR. They proclaimed the blockade lawful under THE LAWS OF WAR.