The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-08
The Boston Fugitive Slave Riot and tho
Presidents Message IN the u. 3. Senate
From the National intelligencer, March S1

! AS documcntS possessing general interest, we
publish below two reports, expressing the views Of
| the majority and minority Of the Judiciary Com
mittee OF the Senate, in response TO the message OF
the President of the United States, relative TO the
recent case of resistance To the Fugitive Slave law
| by mob in the city of Boston. These reports
were laid before the Senate IN the last hours of the
session oD Tuesday, too late to receive any consi-
| deration by that body.
REPORT OF THE COMMITTEE ON THE JUDICIARY
| Mr.. Bradbury, from the Committee on the Judi
ciary, to which was referred the message of the
President of the United States in answer 10 re-
solution of the Senate calling for information in re-
| lation to the recent disturbance at Boston, m ide
| the following report =
The committee being called upon, the CLOSE of
the session, to consider the subject involved in the
message OF the President, deem 1T proper at this
or two points pressnted in that document 'n'
That the executive officers OF the should
on the laws will BE- and
mttee are OF opinion that they possess such power
| low, without the aid of further legislation
In tho execution OF Judicial process the marshals
and their deputies have authority to call to their
assistance whenever it is necessary the
within their Jurisdiction and to adopt the language
Of the President, Is supposed not to be- doubtful
that all citizens whether enrolled in the militia or not
may be summoned as members" and that 1t 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
this duty. Because soldiers sailors, they
are bound by all the duties Of other citizens and while
acting under the call and direction Of the civil autho
objection in an organized form under appropriate sub
ordinate command.
The Constitution of the United States aud the laws
of Congress passed in pursuance thereof being para
mount to State legsaton, State con-
fict with them nuify them crate the cti-
| zen from his duty to render them obedience
When occasions arise (which must necessarily be
rsrel when the civil power proves main.
tain the laws the Prssdent Is by the acts
ofCongress OF 2sth February l7s5 and March g. 1907
TO call forth and employ in the manner prescribed BY
naval forces Of the United States to suppress nsur
rections and to enforce the due the Laws
review OF the powers possessed by the Executive
by vrtuei of existing laws, to which have herein
alluded and the experience of the past have led
committee to the opinion that further legislation is
essential enable the President to discharge as
have confidence he is disposed to discharge with
fidelity, his high constitutional duty that the
laws faithfully executed The con mittee there
fore deem i nsxpedsnt to recon mend at this time
| further consideration of the subject
! REPORT OF THE MINORITY, BY MIR. BUTLER
Mr.. Butler, from the same committee, submit
/ ted the owing minority report -
sdent ref,rred to the Judiciary Committee IL is
my purpose to express my dissent from the general
unqualified conclusion OF the majority OF the COM
mitee to wit that 1t is unnecessary this time by
further legislation to give the President power
tho militia and military forces of the govern for
| tions to obstruct the execution Of the laws.
There are some subjects OF the message presented to
Themselves specially TO the consideration Of the COM
mittee upon which l feel 1t duty to express
opinion lest by silence there might be tacit recogn
tion OF Of fhe assumptions, and appreciation of
| some Of the recommendations Of the message.
Previously to the act of 1907 II seems to been
the implied understanding Of all the Of
the government that the President confined the
government and TO suppress inbnatons against the
| laws of the United states'
| The act OF 1895 indicates the occasions and Pre-
scrbes the In which the militia called
| out and employed The President cannot order out
Shou oaeS On 70 20 ;, sss
legislative or executive authority OF the State con-
| cerned
To ruppress combinations against the laws of the
United States IL s the duty Of the President to judge
OF the ocosasion for calling out the militia On all
occasions for calling out and Toying militia L.
made the duty Of the President by the act refer
red to, to issue his PROCLAMATION as warning to the
employ ment of force. This provision founded In
usage and has bad the sanction OF time trial and ex
periencs 1t is but the warning voice OF forbearng
government There nigh. be sone occasions when
the interval between such warning and the actual
| employment OF force might be OF some duration
other occasions might be such ure ths force
to follow in quick successon to the warning Of pro
clamation. The order to call out the miliis and the
| proclamation might emanats at the same time
IL to have been In contem pla,ion bJ the act
Of 1895 to put at tn. disposal OF the President qgg
difc,y eo@itatus of citizen soldiers to maintain
the dominion Of the laws in which they had she
interest Of citizens 1t was to make OF class
Of citizens to bring another to sense Justice and
proper submission to the laws approve its wisdom.
an insurrecton would be much easily quelied by
the array Of neghtors and fellow citizens than by the
employment of a trained and organized army, whose
only influence would be the employment of force
An overwhelming force might be employed In the first
| enough
provoke collision aad end In blood Whatever might
be the views OF ancestors IL Is certain that uuth
1907 the militia was the only force put at the dspose
OF the President to suppress lnsurrection, sc,
Tho act Of $50, Is in these words That in oa,es OF
insurreotion or obstruction to the laws either OF the
United sater or OF any individual state or territory
where IL IL lawful tor the President OF the United
States TO call forth the militia for ruch In
surrscio or causing the Laws to be duy executed IL
shall be lawful for him TO employ the came purpose
such part OF the land and naval shall bs
sary having hrst observed all the OF this
So far as 1t regards the en- ployuent Of the army
and naval force the Prt'idsnt maintains that he i
subject 90 no pre- requisites OF the referred but
that they are absolutely at bis conn and for the pur
pose indicated
probably sdverting to the difference between the mill
tia and the regular army By the act of March Sd 1907
authorized the President 70 use the land aud naval
force OF the URisd states Tor the purpose for which
he might call fortA the militia end subject
proclamation But the power of the President under
the constitution as of the army ana navy
general and bis duty to see the laws executed L.
general and positive, and the act of sc7 ought
be construed az svinsing any disposition In Congress
TO limit restrain any ef his constitutional author
ityn The import Of which is that the President may
use the amy and navy as he may think proper, under
the penituds Of his constitutional authority au1 that
he s not eons,fsned by the act OF 1907 he
restrained By any act cf Congress-, Being exoffcio
conmsader he can use the army in suppr-,.inr In.
suireetions Ia msnner different from that Ia which
he isregured TO use tbs militia
For the specific and fometmes delicate purposes In
dicated think Congress has the direction OF the
President when actually in command FOR repsling
Invasion or for sny other purpose he must exercise
bis own judgment under his titutiensl discretion
one tenience, deny that the Pre,deat has Alright
20 employ the army and navy for supprsssipg insur-
rectuns, Sc, without observing the came pre- requL
sites prescribed for him in calling out the militia FOR
the same purrose.
Ills suggestion in his message Is that he shall havea
risht 70 en- ploy the militia, IS he contends he has
riSht under the constitution TO employ the regular mi
litary iOrce that H. without notice OF procs sten
DO h think be has the right e call out the military
force o the government without observing the pre
gutitrs ot the act Of 1923 ant unwilling to Civ.
him such power In calling cut the militia would
gard feariully none ntoua occasion to see the
army called out to foot down insurgents wthost no.
tics or PROCLAMATION
of the times 70 be told that marshal under his
plenary power TO call out the posse eomtfaus cannot
execute contitulion6l iavt witnsut resort force
and that to be executed with the promptness Of
tive viii