The southern press., 1850-09-04
SPEECH OF

day August l5, 1850.
The House being in Committee of the Whole
on the state of the Union, and having under con-
sideration the Civil and Diplomatic APpropria-
ton Bill
Mr.. VENABLE said:
Mr.. CHAIRMAN: had intended to address the
committee upon the bill for making the appro-
of the Government, and an apology is due for
nv change of purpose. have never before dis
cussed any other subject than that which the
committee had Immediately in charge But the
course which this debate has assun ed, and the
high and vital issues involved i'm the principles,
as we'll rs the policy foreshadowed in the late
message Of the President, impress my mind with
the necessity of pursuing this subject until its
Importance shall have been fully developed.
Objectionable as the appropriation bill under
consideration is, there will be another Opportu-
nifty, whilst considering it in detail, to expose
its enormities. II there was no such occasion
to occur q few millions improperly appropriated
is n small consideration compared with the mis-
chiefs resulting from the assumption OF power
tset forth by the Executive in the message rela-
ing to the boundary of Texas.
shall not repeat the eloquent and impressive
remarks of the gentlemen from Georgia, Mr..
STEPHENS and Mr.. TooMBs. Those gentlemen,
ss well us my friend from Virginia, Mr. SED
poN,l have elaborated the argument against the
doctrines Of this message in the most mastery
manurr, and shall content myself with ndors-
ING their conclusiUrs 50 far as they refer to the
elements Of dcspotiSm which are to be found in
the Executive assumption of the Judiciary, in
addition to those powers with which he IL
clothed by the Constitution. The statutes OF
1895 and 1907 present case in which the mill
tary arm Of this Government may be used for
10 90 bn law pf fbn int
but is q case in no way resembling that to
which the President refers in his message. Both
Of tht Sc acts which shall presently read, refer
to a state of things where the civil power has
been unable to enforce the laws; and, as last
resort, when the marshall and the posse have
failed, the Executive may interpose. 1t will be
seen in the debates attending the passage of the
act referred to, that, during the whisky insured
ton in Pennsylvania, when the necessity for the
interference Of the Federal Government grew
out of an open rebellion, Congress even then re-
fused to give general power to the President
to interpose with the military arm. That propo-
sition was debated and rejected, and the present
law was passed. Gentlemen feel the pressure
ofthis fact, when they fly to the general provi-
sions ofthe Constitution to justify this interfer
ence. saw that the astute and able gentleman
from New York, Mr. DUER, to whom always
listen both with pleasure and instruction, felt
the pressure of this difficulty, and considered
the Constitution in broad and unrestricted
construction of that instrument, for the power
and the consequent duty of the President to in
terfere in the manner indicated by the present
Executive under existing circumstances The
statute Of l795 is as follows:
THAT whenever the laws of the United
States shall be opposed, or the execution there
of obstructed, in any State by combinations too
mi ha SSpd
course of judicial proceedings, or by the powers
vested in the niarshals by this act, it shall be
lawful for the President of the United States
to call forth the militia Of such State, or of any
other State or States so far rs may be neccssa-
ry to suppress such combinations and cause the
laws to be duly executed; and the use of the
militia so to be called forth may be continued,
if necessary, until the expiration of thirty days
after the commencement of the then hrxt scs-
sion of Congress-"
The act of 1907 provides:
THAT in Ell cases of insurrection or obstruc.
ton to the laws, either of the United States or
of any individual State or Territory where it is
lawful for the President of the United States to
call forth the militia for the purpose of sup
pressing such insurrection or Of causing the
laws to be duly executed, it shall be lawful for
him to employ, for the same purposes, such part
of the land or naval forces of the United States
as shall be judged necessary, having first oh
served all the prerequisites Of the law in that
respect"
He at once pcrccvcs that those statutes do
not give the power claimed, but are distinct
declaration that the military is, in time of peace,
ancillary and subject to the civil power. From
that broad construction of the Constitution
which used to te the party line which divided
the politicians Of this country, the gentleman
has sought to protect the President from blame
would only inquire, if this be true--ifthe power
was to be derived obviously from the Constitu-
t on, and required no legal grant to make it op-
erative, why was it deemed necessary, in the full
reign of Federal party power, in the hour of
triumph to Federal doctrines, in Ammo Domni
l795. just preceding the enactment of the sedi-
ton law, that such statutes should have been
thought indispensable to enable the President
to suppress rebellion and execute the laws
There never was n time when dominant party
had more thorough belief in the unlimited
powers of this Government under the general
powers of the Constitution. 1t was for these
doctrines and these opinions that the old Fede-
raj party was rebuked by the public voice and
have been generally out of the power ever
since.
These are the statutes to which the President
refers, which wei Th upon his conscience, and in
dicntr to him the duty Of cocrcng the govern
ment Of Texas, should it have the temcri-
ty to claim the boundaries by which they came
into the | zion, to which they have made con-
inuH claim which were acknowledged to be
valid bv President Polk, who began, prosecuted
and ;ernn:,trd the Mexican war for a trcspass
on the soil OF Texas, and who commanded the
military occupant Of the territory east Of the
Rio Granlc to surrender it to the jurisdiction of
Texas. If President Fillnore can decide the
question of boundary, President Polk had equal
authority; and although. principle on which a
case is decided may be overruled, it would be
something new for court of equal @risdction
to reverse a case and eject party placed in pos
session by former decision of the same tIibu-
nal. This is assuming for the President the
right to determine and to execute his own de-
sires. Texas claimed the boundary of the Rio
Grande. President Polk did not claim the right
Of possession for this Government. He had
expelled the enemy of Texas and the United
Statas from Taxan tn rrit orv and surrendered II