The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-01-17

hibitions and provisions of this act; and in
every case of the CAPTURE of a ship or vessel
within the jurisdictioj or protection of the u.
States as above deii3ed. & in every case in
which any process istuing out of any court of
the United States, siali be diso5eyed or re
sisted by any person or persons having the
custody or any vesselbf war, cruizer or other
armed vessel of any breign prince or state /:
OF OF the subjects or citizens ofsuch prince or
state: IN every such case IL *iaH BE haufui
por the President 6fishe U. S or such ofhey-
IFcrSo" as nc shdu Ad0e cnNovered FOR ma
fnt7ose 10 employ sfrh fart IF the land or
naUdi. forces 81 u 4. States, or of the mi
qua thereof as shaNbe judged ecessarg/ or.
ne hn'foSe Of tokTnsh Possession Of, and de-
farming any such S4N or reSSei with her
lErtSe or H71zss, &c"
|. lhall these cases the principle is precise
" the sane. 1t is the application OF the ply
sical force OF the nation to carry into effect
It's laws ia differentf orms, according to the
different objects Co be affected by it.
But, sir, as / know low easy it is to alarm
the public sensibility by the suggestion of
" military dcspotism, 'ewithout examining in
10 It's applicability tfthe case in question /;
1 Will take the libertyof giving a short histo-
~ OF the proceeding, of the government i'm
relation to thia subject.
In the year 1892, shortly after the esta-
%biishment of the government. it was foreseen
by congress, that a STATE of things might ex-
list, which would require the physical force
OF the nation to BE- called forth TO erecute
me taT9s 81 me nnion, suppress insurrectio' IS
and repel invasions. At this time. however.
no occasions having occurred to render n re-
sort to this remedy necessary, considerable
precaution & delicacy we're manifestedin ma
king the provisions for this object. Accord
ln5ly Oh the I'd day Of May, 1892, a law for
TINS purpose was passed. 1t is not necessary
now to read 1t, but merely to remark, that it
was accompanied with SO many precautions,
and consequent delays, hat upon the first ex-
pertinent made under its provisions, it was
found to be Intellectual.
Inns occurred in the insurrection or the
aPprehended instruction of PENNSYLVANIA,
ana shortly after an act was passed FOR the
same purpose, repeating the act in question,
ana dispensing with most of its dila DRY CO.
reWonies, which were found rather calcula-
tea to defeat, than effect the object, in the e.
vent OF a prompt and formidable resistance,
&C. Inis act contains the following amongst
other provisions:
) PoL LazoS, rage 189.
AN act to provide tor calling forth the
militia To execute the laws of the union,
suppress instructions, and repel iHvasions,
&c.
Sect That whenever the laws of the u
otates shall be opposed or the execution
thereof obstructed iii any state, by com
DinatIons too powerful to be suppressed by
the ordin:ry Course of judicial proceedings,
or by the powers vested in the inarsliais Oy
this act, it shall be lawful for the president
OF the United States, to Call forth the mill
TIA OF such state, or of any o.her state or
states, as may he necessary to suppress sue h
combinations and cause the laws to be duly
executed ana the use of the militia so TO be
Called forth may be continued, if necessary,
unui the expiration of thirty days after the
commencement of the then next session OF
Congress
"oect. 8. ProvideG aizvau2, and be IL FIR
her enacted. that whenever 1t may be ne-
ce.sary IN the judgement or the president,
10 use the military force hereby directed tc
be called forth, the president snail forthwith
by proclamation command such insurgents
TO disperse and retire peaceab.y TO their res
2eclve abodcs within a limited time"
1t cannot escape observation, sir, that the
authority given TO the president to cal out
tic FORCE OF the nation, was limited to the
militia only, III both the laws referred TO at
that tlHle Such were the apprehensionS OF
fears oil cmpioyIng the regular land and naval
torces Tor the purpose OF executing the laws,
&c. that the authority to employ them foi
that purpose, was ACTUALLY withheld from
the Fresident.-but subquent events have
laugh US the necessity aud propriety OF dis
missing such ~SrouDdless alarms. 1t was dis
covered by the insurrection OF Burr, that the
u. States might be attacked and threatened
by the rIost serious dangers, in parts, where
the militia could not be brought to act with
effect, and it was rendered probable, that the
most exposed and d f~enceless parts would ge-
nerally become the objects of attack accor-
dlngiy, congress did not hesitate to pass q
law, 1 believe unanimously, lat least l recol.
collect to nave drawn the law, and do not re.
iect any opposi ion to its passage,) solely
for the purpose Of authorizing the president
to employ the land and naval forces in all Ca.
ses in which he was previously authorized
to call out the militia. The act is in the fol.
lowing words:
SpOi hdge 311.
An act authorizing the employment O
the land and naval forces of the u. State.
in cases OF insurreCtion
That in all cases of insurrection or oh
struction iothe Law either If the u. States o
OF an individual tate or territory, where il
is lawful Tor the President United States 1
call forth the militia for the purpose OF sup
pressing such insurreCtion or of causing tn,
laws to be duly executed, it shall be la wfu
for him to employ, for the same purposes
such parg Of the land or naval force IF the Il
States as lie shall judge necessary havini
first observed all the prerequisites OF the lay
IN that respect"