The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-08

Report ~ ~ cesmna&nes ~ As IwdieiNv II ~
Uxitej NIeIxs 6snats,
ACCOM- AxiED ~ rHD MMoaIrr REPORT on THE
sAME COMMITTEE.
Mr.. BxApsuaY, from the Committee on the Ju-
| dietary to which was referred the message of the
President Of tho United States, in answer to reso-
luton Of the Senate calling for information in re-
laton to the recent disturbance al Boston, made
the following report
The committee being called upon near the close
Of the session to consider the subject involved in
the message Of the President, deem il proper at
this time to con6ns the expression of their opinion
TO one or two points presented in that document.
That the executive officers Of the government
should possess full and adequate power to enforce
the execution Of the laws will not be questioned;
and the committee Of opinion that they poss ess
such power now, without the aid Of further legis-
lation.
In the execution Of judicial process, the marsh
ais and their deputies have authority to call to
their assistance, whenever it is necessary, the
posse comifatas within their Jurisdiction, and, to
adopt the language Of the President, sit is sup
posed not to.be doubtful that all citizens, whether
enrolled in the militia or not, may be summoned
as MEMBERS" and that it is their duty to obey
| such summons.
| The committee are not aware Of any reason that
exempts the citizens who constitute the military
and naval forces Of the United States from like
liabilities to this duty. Because mon are soldiers
or sailors, they cease not to be citizens; they pos
sess all the rights and are bound by all the duties
of other citizens; and while acting under the call
and direction Of the civil authority they may act
with more efficiency and without objection in an
organized form, under appropriate subordinate
command.
The Constitution Of the United States and the
laws Of Congress passed in pursuance thereof be-
inn MAJ Ar,rnr to fatn
actments in conflict with them can nullify them or
exonorate the citizen from his duty to render them
obedience.
When occasions arise (Which must necessarily
be rare) when the civil power proves inadequate
to MAINTAIN the laws, the President is authorized
by the acts Of Congress of 28th February, 1885,
and March Sd, 1907 to call forth and employ, in
the manner prescribed by these acts, the militia Of
the States, and the land and naval forces of the
United States, to suppress insurrectons and to
force the due execution Of the laws.
A review of the powers possessed by the Ex-
ecutve by virtue of existing laws, to which we
have herein alluded, and the experience of the
past, have led the committee to the opinion that
further legislation is not essential to enable the
!, President to discharge, as we have confidence he
is disposed to discharge with fidelity, his high con-
stitutonal duty, see that the laws are faithfully
executed. The committee, therefore, deem it in
expedient to recommend at this time further legis-
ation; and ask to be discharged from the further
consideration of the subject.
Report Of the Minority by Mr. Butler.
Mr.. BUTLER, from the same committee, SUBJ
mtted the following minority report:
} In submitting my views on the message of the
} President referred to the Judiciary Committee, it
is not my purpose to express my dissent from the
general and unqualified conclusion of the majority
Of the committee, to wit: that il is unnecessary
at this time, by further legislation, to give the
| President n mill and nv
forces OF the government for the purpose Of sup
pressing Instructions and combinations to OBJ
struct the execution of the laws.
There are some subjects of the message present
ed to the consideration of Congress, and which
address themselves specially to the consideration
of the committee, upon which feel it duty to
express my opinion, lest by silence there might
be tacit recognition of one of the assumptions,
and an appreciation of some Of the recommended
tons of the message.
Previously to the act Of 1907, it seems to have
been the implied understanding of all the depart
ments Of the government that the President was
confined to the militia "to suppress instructions
against the State government and to suppress COM
binations against the laws Of the United States
The act OF 1875 indicates the occasions and pre-
scribes the manner in which the militia shall be
called out and employed. The President cannot
order out the militia to suppress inaurrecton
against the State government without being called
on to do so by the legislative executive author
. ity OF the State concerned.
To suppress combinations against the laws OF
the United States, it il the duty Of the President
to judge Of the occasion for calling out the militia
On all occasions for calling out and employing the
militia, it was made the duty of ti6 President, by
the act referred to, to issue his proclamation as
warning to the employment Of force. This pro-
vision founded in usage and has had the
sanction OF time, trial, and experience 1t is but
the warning voice Of forbearng government
There might be some occasions when the interval
between such warning and the actual employment
of force might be Of some duration. Other occa-
sions might be such to require the force to fol-
low in quick succession to the warning of a proc
lamation. The order to call out the militia and
the proclamation might emanate at the same time
1t seems to have been in contemplation bv the
act of l795, to put at the disposal Of the President
quasi military posse comitaus of citizen soldiers,
to maintain the dominion Of the laws, in which
they had the interest of citizens. 1t was to make
use Of one class of citizens TO bring another to
sense Of justice and proper submission to the
laws. approve its wisdom. An instruction
would be much more easily quelled by the array
OF neighbors and felIow-citizens than by the en-
| pioyment of a trained and organized army, whose
| only influence would be the employment of force
An overwhelming force might be employed in the
first case, whilst the other might only be strong
enough to provoke collision, and end in blood
| Whatever might be the views Of our ancestors, il
is certain that until 1907 the militia was the only
force put at the disposal of the President to sup
press Instruction, &c.
The act of 1907 is in these words: "That, in
cases Of instruction or obstruction to the laws,
| either of the United States Of any individual
State Territory, where it is lawful for the Presi-
dent Of the United States to call forth the militia
for suppressing such instruction or causing the
laws 10 be duly executed, 1t shall be lawful for
him to employ for the same purpose suoh part of
the land and naval force as shall be necessary
having first Observed all the ties of The Iao
in other respecis.
So far az it regards the employment of the
army and naval force, the President maintains
that be is subject to prerequisites of the act
ferred to, but they are absolutely at his command
for the purposes indicated.
/ The words of the President are: " Congress not
probably adverting to the difference between the
militia and the regular army by the act of March
Sd, 1907, authorized the President to use the land
and naval force Of the United States for the same