The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-01-05

that he ASSUMES a power not 0nly not con-
ferred on the Executive by the ConstItu-
tion, bat which belongs TO no despot pp-I
on earth exercising less unlimited. author
ity than the Autocrat of all the Russias. (.
an authority which, if submitted to, would
at once reduce the free people OF these
United States, TO state Of the most abb
ject and degraded slavery. But the Pres
ident has no power whatsoever to execute
the laws, except in the mode and man
ner prescribed by the laws themselves.
On looking into the Laws i will be
seen that he has no shadow or semblance
of authority 10 execute any OF the threats
which he has thrown out to the good peo-
ple of South Carolina. The Act Of 28th
February, 1895, gives the President au-
thority TO call forth the Militia in case of
invasion "by foreign nation or lndiaa
Tribe" BY the second SECTION Of that
Act il is provided that " "whenever the
Laws Of the United States shall be OPP
posed, or the execution thereof obstruct-
cd in any State, by combinations too pow
erful to be suppressed by the ordinary
course ofjudicial proceedings, o. by the
powers vested in the marshals by this Act,
il shall be lawful fpr the President of the
| United States to call forth, the Militia Of
such State, or ofany otLer State or States,
as may be necessary to suppress such
combinations, and to cause the Laws to
be duly executed"
The words here used, though they
might be supposed to be very comprehea-
sive in their import, are restrained by
those which follow. BY the next section
it is declared that whenever it may be
necessary in the judgment Of the Presi-
dent to use the military force hereby di-
rected to be called forth, the President
shall forthwith, by Proclamation, COM
MAND SUCH INSURGENTS TO DIsPERsE and
retire peaceably to their respective abodes,
within limited time" On reading these
two sections together, it is manifest that
they relate entirely to combinations of IN
dividuals acting of themselves, without
any lawful authority. The constituted
authorities, acting under the laws of the
State, and its citizens yielding obedience
to its commands cannot possibly be con-
sidered as mere mob, forming combina-
tions against the authority Of the laws of
the Union, to be dispersed by an Execu-
tive Proclamation, and any attempt so to
treat them would be gross and palpable
violation ofthe sovereign authority of the
State, and an offence punishable criminal
ly in her own Courts. Whether the late
Proclamation Of the President was intend
ed as compliance wiah the provisions of
this act, does not very clearly appear
But if SO, it can only be considered as di-,
rected against the State, since the laws
Of the United States have certainly not
been forcibly obstructed by combinations
OF any sort, and it is certainly worthy of
observation, that the command extended
TO the people, is, not that they should dis
ps'se, but that they should rs-assemble in
Convention and repeal the obnoxious Or
dinaaee. =.
Tho power Of the President, SO fer as
this subject is embraced, in relation to
ihe Army anc Navy, is exactly co-exten-
sive with that over the militia. BY the
first section Of Act, Of third of March
1907, II is expressly provided, that ia all
cases OF obstruction to the laws of the
United States or Of any individual State,
where It is lawful for the President to
call forth the militia for the purpose of
causing the laws to be duly executed, it
shall be lawful for him to employ for the
same purpose, such part of the land or
naval force Of the United States as usay
be necessary, having first observed all
the prerequisites of the law in that re-
spect." Here then it is seen, that unless
the President is resolved to disregard all
constitutional obligations and to trample
the laws ofhis country under his feet, he
has no authority whatever to use force a.
gainst the State Of South Carolina,, ;, and
should he attempt to do SO, the patriotic
citizens Of this State, know too well their
own rights, and have too sacred regard
to their duties, to hesitate one moment, in
repelling invasion, come from what quar-
ter it may. Could they be deferred by
the threats OF iawless violence, or any ap-
prehension Of consequences, from the
faithful performance Of their duty, they
would feel that they were the unworthy
descendants Of the P;nckneys, Su.nters,
and Rutledges, and a thousand other
names which adorn the pages Of our rev.
olutionary history ? some Of whom have
just gone from among US, and been gath
cred to their fathers, leaving as a legacy
their solemn injunction that we should