The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1850-08-24

The second section OF tre act oil
the 28th February, 1895, declares, that
whenever the laws of the United States
shall be opposed, or their execution OBJ
slructed, in any State, by combinationstoo
powerful to be suppressed by the ordinary
course of judicial proceedings, or the pow
er vested in the marshals, the president
may call forth the militia, SO far as may
be necessary, to suppress such combina-
%tions, and TO cause the laws TO be duly ex-
ecuted.
BY the act of March 8, 1907, it is pro-
'vided that in all cases of obstruction TO the
laws, either Of the United States OF any
individually State or territory, where it islaw-
ful for the president 10 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 purposes, suchpart of
the land or naval force of the United States
as shall be judged necessary.
These several enactments are now in full
force; so hat if the laws of the United
States are opposed or INSTRUCTED, in any
State or territory by combinations too pow
erGul TO be suppressed by the judicial or
civil authorities, it becomes a case in which
it is the duty of the president, either TO call
OUT the militia or TO employ the military
and naval force of the United States, or, 10
do both, if in his judgment the exigency Of
the occasion shall SO require, for the Pur-
pose Of suppressing such combination.
The constitutional duty of the president
is plain and peremptory and the authority
vested in him by law, for its performance
clear and ample.
Texas is a State authorised TO maintain
her own laws, SO far as they are not repug-
nant TO the constitution, laws and treaties
of the United States; TO suppress insur-
r%ections against her authority, and to pun
ish those who may Commit treason against
the State, according to the forms provided
by her own constitution and her own laws.
But all this power is local, and confined.
entirely within the limits of Texas herself.
She can possibly confer no authority which
can be lawfully exercised beyond her own
boundaries.
Allthis is plain, and hardly needs argu-
ment or calculation. If Texan militia,
therefore, march into any one Of the other
States, or into any territory of the United
States, there to execute or enforce any law
of Texas, they become at that moment
trespassers they are no longer under the
protection of any lawful authority, and are
to be regarded merely as intruders and if
within such State or territory they obstruct
any law Of the United States, either by
power Of arms or mere power of numbers,
constituting such a combination as is too
powerful to be suppressed by the civil au-
thority, the president of the United States
has no option left TO him, but Is bound TO
obey the solemn injunction of the %consti-
tuition, and exercise the high powers vested
in him by that instrument and by the acts
of Congress.
Or, if any civil posse, armed or unnamed,
enter into any territory Of the United
States, under the protection of the laws
thereof, with intent to selze individuals to
be carried elsewhere for trial for alleged
offences, and this posse be too strong TO be
resisted by the local and civil authorities,
such seizure or attempt to seize is to be
prevented or resisted by the authority ol
the United States.
The grave and important question now
arises, whether there be in the territory Of
New Mexico any existing law of the Uni
ted States, opposition to which, or the OBJ.
stTuction of which, would constitute a case
calling for the intelposition Of the authority
vested i. the president.
The constitution of the United State.
declares that "this constitution and thu
laws of the United States, which shall b,
made in pursuance thereof, and all tn,
treaties made, and which shall be made
, under the authority Of the United States
shall be the aupreme law OF the land" If
therefore, New Mexico be a territory o
the United States, and if any treaty stipu
lation be in force therein, such treaty slip
%uIation is the supreme law Of the land, ant
: is to be maintained and upheld accord
| ingly.
In the letter 10 the Governor of Texas
r my reasons are given for believing tina
New Mexico is now a territory of the Uni
y ga CtA,n. -sl -