The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-07


As documents possessing general interest. publish
below two reports expressing the views OF the majority
and minority OF the Judiciary Committee OF the Senate in
response the Of the President OF the United
States relative the of resistance to the fug
tive slave law by mob in the city OF Boston These
reports were laid before the Senate In the last hoa Of
the session on Tuesdsoo late to receive any consider
alton by that body
Report of the Committee on the Judiciary
Mr.. Bradbury from the Committee on the Judiciary,
to whom referred the message OF the President Of
the United States in answer to resolution OF inc Senate
calling Tor information IN relation 10 the recent dsturb-
al Boston, made the following report:
The committee being called upon the close OF the
session 10 consider the subject involved IN me message OF
the President deem proper al this time 10 conhne The
expression OF their opinion to one or two points presented
in that document
That the executive officers of the government should
full and adequate power to enforce the execution
OF The laws will not be qnesiioned aud the committee
OF opinion that they possess such power now, with
out The aid OF further legislation.
In the execution OF judicial process the marshals and
their deputies have authority to call to their assistance
whenever is necessary the posse eom'ta within Their
sit ID supposed not to be doubtful that all cilzens
whether enrolled in the militia not may be summoned
members, and that is their duty to obey such sum
MONS
The committee not aware OF any reason that ex
emps the citizens who constitute the military and naval
forces of the United States from like liability 10 this duty
Because soldiers sailors they cease not to be
czens they possess all the rights and bound by all
the duties OF other cilzens and while acting under the
call and direction Of the civil authority, they may act
with 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 being paramount to
State legislation, State enaclments IN conflict win
them nuiy them, exonerate the cilizen from MS
duty to render them obedience.
When occasions arise (Which must necessarily be rare)
when the civil power proves inadequate to MAINTAIN me
laws the President authorized by the acts OF Congress
II ~ Eahr md arch n
and employ, in the prescribed by these acts The
militia Of the States, and the land and naval forces OF the
United States 10 suppress instructions and 10 enforce
review of the powers possessed by the Executive by
virtue OF existing laws to which we have barely alluded
and the experience of the past, have led the committee TO
the opinion that further legislation essential to
bic the President TO discharge as we have confidence ne
is disposed discharge with fidelity, his high conslltu-
The committee, therefore, deem nexpeden to recon-
mend this time further legislation; and ask to be dis
charged from the further consideration OF the subject
Report Of The Minority. BY Mr.. Butler.
Mr. Butler from the same committee submitted the fol-
lowing minority report:
In submitting my views on the message OF the Presl-
dent referred the Judiciary Committee II is not my pur-
pose express my dissent from the general and unqua'
fled conclusion OF the majority OF the committee, TO WIT:
that i IS unnecessary at ss hme oy laGneI
forces of the for the purpose OF supressng
Instructions and combinations to obstruct the execution
There are some subjects of the presented the
consideration Congress, and which address themselves
specially the consideration OF the committee, upon
which feel it duty TO express an opinion, lest by 81
ence there might be acit recognition OF one OF the as
SYMPTOMS and appreciation OF some OF the recommend
atoms OF the message.
implied understanding OF all the departments OF The gov
eminent that the President confined to the militia
10 suppress instructions against the State government
and TO suppress combinations against the laws OF the
| United States"
The act Of 1895 indicates the occasions and prescrbes
the manner in which the militia shall be called out and
employed The President order out the militia to
suppress instruction against the State government with
out being called to do BY the legislative or execu-
| tive authority of the State concerned.
To suppress combinations against the laws OF the Uni
ted States is the duly OF the President to Judge OF the
occasion for calling out the militia On all occasions Tor
calling out and employ the militia was made the duty
OF tbs President BY the act referred TO, 10 Issue his proca
nation warning to the employment OF force This
provision founded in usage and has had the sane
lion of time trial, and experience II is but the warning
! voice OF a iofbearing government. There might be
some occasions when the interval between such warn
ng and the actual employment OF force might be OF some
duration. Other occasions might be such as TO require
the force to follow quick succession to the warning OF
proclamation The order TO call on, the militia and the
proclamation might emanae al the same time.
Ii seems to have been in contemplation by the act Of
1895 put the disposal OF the pesdenla quasi mill
tUy posse comItatm OF citizen soldiers to MAINTAIN the
dominion Of the laws which they bad the interest oil
citizens IL TO make OF one class OF citizens TO
bring another of justice and proper subms-
eion to the laws. l approve It's WISDOM An lnsurfec-
ton would be much more easily quelled by the array
of neghbors and feow-citizens than by the employ
ment OF trained and organized army, whose only in
nuence would be the employment OF force. An over
wbelming force might be employed IN the hrsi case,
whilst the other mig only be strong enough TO provoke
| collision and end in blood Whatever might be the
views OF our ancestors is certain that until 1907 the
militia the only force put at the disposal OF the Pres
dent TO suppress instruction, &c
The act oil 1907 is in these words:
THAT in eases obstruction the laws,
eli OF
Territory Is lawful Tor the President OF the United
call forth the militia for suppresns such nsurrec
lion causing the laws be duly executed II shall be
lawful for hin employ Tor the same purpose pch part OF
aud naval shall be necessary, hapirg frat
ob,erpsd all tho Of The La,o IN Other rp,cfs
So far il regards the employment OF the army and
naval force the President maintains that he subject To
no OF the act referred to- but that they
absolutely his command for the purposes indicated.
The words OF the President are;
Congress not probably advsrng the difference be-
The ms and the regular army, by the act OF March
force United States Tor the purpose Tor which
he nj ght ca forth the militia and subject 10 the
proclaim ton But the OF the President under the
ION, commander OF the army and navy,
positive and the OF 1897 ought to be construed
evncing any disposition IN Congress to limit or restrain
OF his constitutional authority"
The import OF which is, that the President may the
army and navy he may think proper, undsr the pen
tude OF his constitutional authority, and that he ~ not
constrained by the of 1907 he be restrained
by any OF Congress Being cfe,o commander, he
the army in suppresslng insurectons in man
different from that 10 which he is required TO the
militia,
For the specific and sometimes delicate purposes ndi
Gated think Congress has the direction OF the President