Semi-weekly Camden journal. [volume] (Camden, South-Carolina) 1851-1852, 1851-03-14
REPORTS MADE TO THE U. S. SENATE
R.;L Ting TOHIIE BOSTON RIOTS.

As docanrents possessing general interest,
w" ;.u''li II h.low two Reports, expressing The
Wis oi t,r majority and minority of the Ju-
tiy.:, o:nnittc, nf the Senate, in response
to tax. ..~:,!.,. n t!,n 'r, sidrnt Of the United
States r,ltiy;. /, ii" mt case of resi- talce
(" 80 f,:i:;,' @':vr lAw by a mob in the city
of Boston. These rcpnrts were laid before the
Senate in the last honrs of the session on Tues
day too late to receive any consideration by
that Lody.
Report Of HE Committee on 'he Jnliciry.
Mr.. Bradbury. from the Committee OF, the
Judiciary, to which WAS referred the Message
OF the President OF the United States. in answer
to a resolution of the Senate calling for infor.
mutton in the recent disturbance at Boston,
made the following report:
The Committee being called upon near the
close of the session to consider the subject in.
volved in tn" Message of the President, deem it
proper at this time to comtine the expression Of
their opinion to one or two points presented III
that document.
That the Executive officers of the Govern
n,ent should possess full and adequate power to
enforce the execution of the laws will not be
questioned; and the committee are OF opinion
that they possess such power now, without t..e
aid of further legislation. s
In the execution of judicial process the mar.
shals and their deputies have authority to call
to their assistance, whenever it is necessary,
the po.se romia'us within their jurisdiction, and
to adopt the language of the President, it is
supposed not to he doubtful that all citizcns,
whether enrolled in the militia or not, may BE-
summoned rs members" and that it is their du-
ty to obey such summons.
The committee are not aware OF any reason
that exempts the citizens who constitute the
millions and naval forces Of the United States
from like liabilities TO this duty. Because men
are soldiers or sailors. they cease not to be cit.
izens they possess all the rights, and are hound
bv all the duties Of other citizens; aud while
acting under the calEand direction of the civil
authority, they may actwith 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 there
Of being paramount to- State leselslati"l, no
State enacineuts i,rcohfict ctMith ,'can Hul.
lify them or exonerate the citizen from this .du.
ty to render them obedience. ~
When occasions arise (which must necessa.
rily be rare) when the civil power proves inad
rquate to naintaiu the laws, the President IS
authorised BY the acts Of Congress OF 2sth Feb
ruary, l795, and Mrch 81, 1897, to call
fofth aud employ, in the manner prescribed hy
these acts, the Militia of the United States, and
the land and naval forces of the United States.
to suppress insurrectiohs aud to enforce the
due execution OF the laws. 'ir'''.- -
1 review of,he powers possessed by the Ex-
ecutive by vi-tne Of existing laws, to which We
have herein aHnded, and the experience of the
past, have led the committeet the opinion, that
further legislation is not essent.atto enable the
President to dicharge, rs we have confidence
he is disposed to discharge with fidelity, his high
constitutional daty, to see, that the laws are
faithfully executed. The committee, therefore,
deem 1t inexpedient to recommend at this time
further legislation, and ask to I've discharged
from the further consideration of the subject.
Report of The Minority BY Mr. Butler.
Mr.. Butler. from the same Committee, sub.
mittcd the following minority report:
In submitting nv views on the Message OF.
the President referred to the Judiciary Commit.
tee. it is not nv purpose to express my dissent
from the general and unqualified conclisl'n OF
tue majority Of the committee, to wit: that 1t Is
unnecessary at this time, by further Legislation,
to give the President power over the militia ana
military forces of the Government, for the pur-
nose of suppressing insurrectons and rombllia'
tions to obstruct the passage OF the laws
There arc some ubjects Of the Message pre-.
ssented to the consideration Of Congress, and
which addresses themselves specially to the
consideration of the committee, upon which
fael it a dntyto express an opinion, lest by ST.
lence there might be trct recognition OF on
Of the assumptions, and appreciation OF some
ofthe recommendations Of the message.
Previously to the act of 1907, it seems to
have been the implied understanding Of all the
departments of the Government that the Pres'-
dent was confined to the militia to suppress
instructions against the State Government and
to suppress combinations, against the laws OF
the United States
The attack Of l795 indicates the occasions
and prescribes the manner in which the mil
litia be called out and employed. The
Presidentcaunot order out the militia to suppress
insurrections .against the State Government,
without beiny called on to do SO by the Legis-
lature or Executive authority of the State con-
cerned. --,s
To suppress combinations against the laws OF
the United States, it is the duty Of the Prcs'
Al,o