The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-08-28


.August 6, 1860, concerning Tenas and .Neic
| .Neric0
The House being in Committee of the Whole on
the state of the Union, and having under conside-
ration the Civil and Diplomatic Appropriation bill
10, or inc hscai year ending goth OF June, 1851, (Mr.
! BURT, OF South Carolina, being in the chair)--
| tir STEPHENS, of Georgia, addressed the com
| Dlittee as follows:
J Mr. CHAIaMAS The most interesting of the
many interesting subjects which arc now pressnc r.
| themselves upon the consideration of this House
and the country, in my opinion, is the message
communicated few days ago by the President to
| Congress upon the subject of the Texas boundary
and the difficulties and embarrassments attending
that question. That message is now upon your ta-
| bic. IL deserves our immediate considerations and
demands WISE, prudent and speedy action. pro-
pose, therefore, in what have to say upon this oc-
casion, TO confine myself the general topics EN-
braced in II and it is matter of regret to me- in
the midst OF so many disquietng and irritating
causes which now distract and str up the public
mind, to see that are likely to have new ele-
ments OF strife and contention to excite and nfamc
those strong sectional feelings which for come time
clements are to be found in the message alluded to-
The principles assumed by the President in that
paper are, in my judgment, in several particulars
unsustaned by the Constitution and laws of the
United States, and dangerous in their tendencies
not only to the rights of the States but TO the liber-
ties OF the people. They strike at the very founda-
lion upon which the whole structure of our sys-
ten of representative republican government was
reared, and upon which alone it can permanently
| stand.
This, know, is strong language, but no stronger
'hah the truth requires to be spoken. There is no
principle more essential TO the preservation of
Government than that the military in time of peace
shall be subject to the civil power. The message
Is IN opposition to this principle. The President
Informs us that "by the Constitution of the United
States the President is constituted commander-in
chlei oil the army and navy; and of the militia of
the several States, when called into the actual
vice of the United States The Constitution de-
| sin n talr lax Ia.
faithfully executed, and that he shall from time to
ume' give TO the Congress information Of the state
! OF the Union"
This sir, is true. BY the Constitution the Presi-
dent Is the commander in ch ef of the army and
navy of the United States, ard the militia of the
several States, when called into the actual service
oi the United States and ii is his duty 10 see that
the laws arc faithfully executed This is all true.
but there Is something else equally true, and that
IL, that IN seeing that he laws are faithfully
cued he must hlin5el fact in slbordiHntion TO laD
ana IN conformity VI tn the provisions of the laws
which point out the Jnude of their execution And
| he can use the mili AIRY to execute no law which
contains no provisions for its execution first by the
! courts.
The President further asserts that "the Consti-
tuition OF the United States dec that this Con-
sututlon, ana the avs OF the United States which
shai DC made IN pI lrsuance thereof and all treaties
haue, or winch SD all be made, under the authority
oi the United Sta tes, shall be the supreme law o
the land An then be refers to the late treaty
with Mexico, an j, amongst other clauses he refers
.l ]
Mcxicans who may remain in the ceded territory
protection IN tht free enjoyment of their liberty
ahd property, d security in the free exercise o
their religion vi thout restriction. ia this way h,
| assumes lat the treaty of Guadalupe Hidalgo i
sueh .aw as he bound 10 " faithfully exc
Gul'd" in all its 0 bligations. He further inform.
.s that the State II Texas is about 10 extend her
civil jurisdiction er portion OF country lying
this side the Rio G.. anoc within the limits OF the
boundary OF Texas, originally claimed and as
serted by her, but VIII cb, IN has opinion, belongs 10
tuc Of the cessiou ma. 1e by the late treaty. And
/ without suggesting a. slightest cause TO appie-
hend that any OF these rights Of liberty, property
and religion guaran tied To Mehlcans under the
treaty, would be int rfcred W. tn by the extension
Of the civil jurisdiction of Texas ever those OF them
residing cast Of the Rio Grandc CIV, u II they were
included in the terms of the treaty he tells us tha
be feels bound TO resist such extension OF er urls
dicuon by Texas, and If necessary, to repcl WIN
the military force Of the Government his cod 'rol
! BY information reCC ived from Texas no one ca u
doubt that she inte nds TO maintain her civil au-
thoritcs Co-cNtcnsivc with the boundary claimed
by her. And We tave the issue 6irlv prcsented
whether the President has the rightful power un.
der the Constitution and laws Of the United States
as those laws now exist, TO use the military power
at his command against the authorities Of Texas
maintain that he has not.
meet the question at the threshold. II is ono of
The mostimportant that has arisen in this cuun
try'and It's decision, If force should be resored TO-
cannot fail to mark an era in It's history. ! deny
TO the President the power he claims; and assert
that, under the Constitution and laws, he has no
power IN Tune oi peace, Gin seeing that the laws
are faithfully executed, >" 20 rcsort 10 military force
except when their due execution by the courts the
legally constituted tribunals for the administration
OF justice, may be illegally obsructed or resisted
This proportion lay down distinctly. broadly and
confidently. IL is above the reach of azsaiiment
and beyond the power of rcfutaton And main
tain further, that tho very laws cited by the Pres
dent, from which he claims the exercise Of iho ex-
traordinary and unwarrauted power he does sus-
tains the proposition. These very acts do not in
the slightest degree, confer the power which he no.
thcs TO Congress and the country that lac intends
To exercise under them.
Now, sir, let sec. He cites the 2d secGor Of
the act Of Congress Of 1885, and the act Of 3d Ma
1907. But perhaps il would be better 10 refer 20 the
acts, as he himself cites them Here is what he
says
"The second section Of tie act Of the ostb Of Feb
ruary 1895, declares that whenever the laws Of tho
United states shall be opposed, or their exec ution
cbsructcd, IN any state, by combinations too pow
criu TO be suppressed by the ordinary Of ju
dcnl proceedings, or the power vested in the mar
shals, thc President may call forth the militia SO
far may be necessary TO suppress such cornbina-
tions, and 10 cause the laws 10 be duly executed
"By the act Of March 81, 1907, tie provided that
in all cases Of obstruction to the avs either of the
United States, or any individual State or Territory
where it is lawful for the President to call forth the
militia for the purpose of causing the laws &c bc
duly executed, It shall be lawful for him TO employ
Tor the same purpose such par of the land or nav al
force of the United States shall be Judged neces-
sary.'
These arc the acts Of Congress upon which he re-
lies. The first. IL viii be perceived. only author
izcs him IN crfain cdseg 90 call out the militia the
second authorizes hitu, in all similar cases TO Use
the army and navy. IL necessary. lie has how
ever, no authority, under either act, to use the
army and navy, To call out the militia, for
the purpose of aiding in the execution Of the laws,
except in such Cuecs as provided for by the act
Of 1895. And what those cascs2 They are such
os where the laws may be opposed on their cxccu.
ton, or obstructed in any State, by combinations
too powerful 20 be suppressed hy the ordinary course
Of judicial proceedings, OF The po,cG UostSd az The mar
shas. This is the only ciass of cases where The
President IL authorized 20 the military force of
the country 90 aid ia the uton Of tho laws of
the United Statcs. Il i where the due course Of
law, through the courts and by the mare las s up-
posed and obstruCtcd, or where tho combinations
In resistance 10 law care too powerful 20 be sup.
pressed by the ordinary OF iudici al proceed
ings, or the power vested in the marsha a."
Now, sir, is there any such case, or s there likely
70 be any such case in the territory over which
Texas rs about 70 establish her jur sd .ction2 l.
there any law, any act Of Congress ia force there
which cannot be executed in the ord innry course