Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

shall be judged necessary having 6r observed allthe pree-
qusites Of the law in that respect"
This act was passed March 3d. 1907 and onhe day
another law was passed will not take up ID time of the
Senate by reading il, il is very long, W. aiaw for the
removal Of persons who took Of part OF the do
main Of the United States. will read pardh
Sand shall be lawful for President OF the
United States to direct the marshal Off acting as mar
shall the hereinafter directed al also to take such
other and employ such mity force as ne may
judge necessary and proper to remove ron OF
secured To the United States by treaty ceson aforesaid
any persons who shall hereer take oil
the same, make attempt to mae settlement thereon,
until thereunto authorized by law"
Here two laws passed to same day. on the same
third Of March, lsO7-one geners extending to all obsIuc
tons Of the law, and authoriznghe employment Of military
force and the ther appcabe the single case OF persons
settling the public lands anaemping to hold possession
know is sometimes said ti TINS auovefnmen' Of ofn
ion, and that you eyPloy force No man on earth
would deprecate than myself the occasion Of occur
renee in which 1t might b. necessary to employ force. No
would regret TIM myself the shedding OF one drop
Of American blood in or 70 enforce the laws OF the United
States. But Government without power, Governments
resisting opinion without 10 enforce the laws, without
enforce the authority and decrees and judgment of
its courts Of justice would be the ridiculous that
presented itself ohe contemplation Of human being. go
for public opinion, and 60 for force when it absolutely
and ndispenssy necessary TO apply It. gofo all the
with which invested by the constitution of the country
in order tomaintain at the North and at the South, and
every WHERE the authority Of the laws Of the Government in
81, shall have done when have described in words
the necessity for the reference Of this message The act of
1895 passed in pursuance Of that provision Of the consu
which declares that Congress shall have the power
pass laws call the militia enforce the execution Of
the laws and In order epe invasion and suppress in-
suecion The law of 1895 passed in consequence Of
that power vested In Congress- By the terms Of that law.
before the application of force is made, It il required that
proclamation shall be issued the President calling upon the
insurgents disperse The law therefore pesuPposes the
existence of organized force in hostile array against the
Government The act which read Of March 1907, referring
to that Of 1885, declares that the President shall have power
to call out the navy and army to be employed he auho
zed to employ the militia force by the act Of 1875. Pocla
nation, therefore, is necessary by the of March, 1907
Now manifest to every Senator here that this condition Of
the law does not the which occurred 10 Boston, and
which may again in the State other States
The law, repeat is founded the superstition Of existing
open, undpued instruction, and open rebellion and oppo
son the laws but the which occurred in Boston
had such feature The first knowledge Of there being any
force in combination against the law was the BY
the mob at the pressing upon the DOORS the
seizure of the fugitive, and his being carried off umphsnty
through the streets of Boston, 1t is proposed to invest the
President with power to call out the militia, call the
army and navy where he shall have just
prehend, either in the after the of the fugitive
Of the slave That is the sole purpose Of the refer
which proposed by me- and do away with any pre-
lminsry proclamation, which, if issued at ALL would of
favor the parties with opportunity Of preventing the
rearres did enable them to make rescue with more
success.
Having said thus much will no longer deain the Senate.
would not have addressed them but for the extraordinary
circumstances Of the hope the message will be refer
red, and call for the yeas and nays the question
The yeas and nays ordered.
Mr. DAVIS, Of Massachusetts, In order that may not be
wish say that have time felt the
slightest objection intended nterpose any obstacle
reference Of the Presidents message the Committee the
lection to that course, meet and discuss hereafter
any proposed amendment to the law But it must be very
obvious all who have listened this dabae that the chaac
Of my State the city and the citizens of Boston, have
extent been drawn into and involved in this inquiry
and rise to say few words in reply to remarks which
have been made since last addressed the Senate. sa
hen that did not perceive in the evidence which agrees
was imperfect any decisive proof that this demand
ing the inteposion Of this Government in the exercise Of
power that did that had arisen in the city
Boston which could be controlled by the civil authorize
there. All the evidence that has come to my knowedg
since last addressed the eo.s has confirmed this convco
and confirmed this opinion.
Mr. President what is the fundamental principle upc
which this power Of the President Of the United States stands
It is admitted all hands that 1t is power to be exercised
sparngy and that has been exercised by the United
States from the commencement of the Government down ID
this day. think the principle involved is very plainly this
That there to be interposon long civil autho
y Of the Government adequate support and sustain tn
judicial tribunals Of the country without resort to unusua
prce for that purpose That is the principle which lies at h
Cttom The genius Of the Government itself sanctions th
Principle, and looks with dstrust and regret upon all ngn
o. civil and military power There should be no nteposo
when the judicial power competent carry the laws int
execution If we 60 to history shall find some instruction
upon this subject find by adverting to English history
sentiment which struck conveying useful lesson npoi
this ssect There in the time Of the distinguished AM
eminen. lawyer Chief Justice Hale, application male
him to and civil officer with an armed force to suppress
some poplar commotion. What his reply Ihav,
noted down piece of paper before In answer
that application, he replied "Le them know that thaaw
OF this kingdom be executed by the sword hes
matter. belong the civil power and you have noting 10
9 do with it."
The Government Of Rome had very great experen. on
this subject They hid frequent popular outbreaks. hey
had many occasions in which they reposed dcatoa povr in
What We result all their experience BON
this subject after substituting military and arbitrary pow in
the place Of the ordinary cfl administration Of the las
Their experience at asto be expressed in four o]s
inter a,a ges silent" Mink, as general ppcipl
will be found to be true that whenever military power nd
military force coupled for the purpose Of executing he
laws the laws enced and the military power is trim,
plant
How is il with regard to the act of l7s5. which has be,
adverted by the honorable Senator from Kentucky am
which referred to in the message Of the President Why
the very complaint Of the message is that the Executive de-
parmen is required before military power is resorted TO 10
carry into execution the laws Of the Quilted States to make
proclamation requiring the insurgents or nsarreconiss TO-
dispense. The policy of that is perfectly obvious the good
Of cannot be misunderstood The design was that M
penceabe measures all quoting measures all mild and pad
measures shoul s be tried before force .esorted t.
The purpose and intent plain upon the face Of he static
itself Congress intended to restrain the President irons
hasy, nconsderae unlawful exercise Of this CO.
gress required him first to issue his proclamation for the pit
pose seeing whether not that would not be effective II
should be effective then agree would be very proHr
force, If the opposition is beyond the control of 70