The North-Carolina standard., 1839-01-02

! CIV to the President of the United States, under
date of the 7th inst was received yesterday morn
ing and referred to this department, where it has
received that respectful and earnest consideration
which the high source whence it emanates, and
the importance OF the subject entitle It,
In this communication your Excellency in
forms the President that such state of domestic
violence exists at Harrisburg as to put an end, :
for the present. to all the exercise Of the regu-
! lar functions of the State Government, and rem
ders it your duty to request the President, in ac
cordance with the 4th section Of the 4th article
of the Constitution of the United States to take
measures to protect the State of Pennsylvania,
oainst the effects the domestic violence which
YOUR ExcellencV affirms to be there in existence.
The clause of the constitution to which your
cxcellency refers, and the act passed in pursuz
ance thereof authorize the President to call out :
the militia only on the application ofIhe legisfa-
lture of the State or of the executive of the State
W hen the Legislature cannot be convened. Fhe
nature Of the Presidents duty, being. therefore,
discretionary, it is incumbent upon him to exer-
! else the utmost care in examining into all the
! circumstances of the case we'll TO determine
whether the occasion contemplated by the lawhas
! occurred. : -
The commotion which now threatens the
= peace of the commonwealth Of Pennsylvania
! does not appear to arise from-any opposition to
THE laws; but grows out Of a political contest
between different members of the government,
most if not all of them admitted to be the legal
| representatives. Of the people constutionally elect
ed, about their relative rights and especially in
| reference to the OF olganization of the popular
1 branch of the legislature To interfere in any
colnmotion growing out OF aeontroVersy OF so
Z, grave and delicate a character, by the federal
: authority, armed wththe military power of the
Il government, would be attended with the most
:, dangerous consequences to our republican iqsti=
ft1tions In the opinion of the President his in
lterference in any political commotion in State,
LcouId only be justified by the application for It
: being clearly within the meaning oflhe 4th sec
:. tion of the 4h article of the constitution and of
d the act of Congress passed in pursuance thereof
and where the domestic violence hrough to hls
: notice is of such a character that the State au-
i thorites, civil and military, after. having been
), duly called upon have proved inadequate TO
l. suppress it. - - -.
6 that the interposiIen OF The federal government
g should not be invoked by the Legislature OF the
State unless it cannot be convened !; and notwith-
standing the Speaker of the Senate states that
j. the 4th inst, that the body over which he pre-
is sides cannot assemble, and your Excellency, in
S. your communication Of the 7th inst expresses
O. tthe opinion that the Legislature I3ennsylva
er mia carnot be convened, sttt from ssubseqden
% inforInation, which although not official come:
e in a form sufficiently authentic to ehtte 1t to
credit it appears that both branches of the Leg
n! islature were in session in the Capitol of th'
tyi State on the 9Th inst and transacted busines
ou there and that the Senate received message
m Efrom the House of Representatives on that day
la Ifthis be so and there is no reasento doubtth
fact, the Legislature Of the State has been. COZ
venea siuce ihe date OF your Exec liepcy' letter
Nor does II appear, either from your Exeellepcy'
T. letter oE+the published documents which accom-
panied it, that the civil or military authorizes
the State have refused to perform their respet
tive duties in suppressing any existing .dlstu
: Dances. ~ - -2Es. 49, 80 -~.y'-.
en-l Yourl lExcelency does moi even allude to the