The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-06

uessagc-if apprehend the senator, l am
an agtator, and the senator dove of peace
Iaughter.]
sir, denounce mobs. The nator, and othe
senators, to q certain extent, think of paliating
the atrocious instance Of the Boston mob, by re-
ferring to other cases of violent assemblages of
rioters.
Mr. President, while on this subject, beg
leave to say that, except the case Of the whiskey
lnsurrecti0n, know Of no instance in which
there has been violent and forcible obstruction
to the laws Of the United States since the COM
mencement OF the government, with, perhaps,
the exception of one or two other cases.
| ought to have said word or two the other
day of the occurrence of this kind in my own
State, referred to by a senator not now in his
seat, Mr. Hale What was that case A
namesake Of mine attempted to establish pa
per in the town of Lexington. That town was
situated in county where there is the greatest
number of slaves of any county in the State.
There were some incorporate and supp0sed-t0 to-
be-incendiary articles contained in the paper, and
the editor WAS requested to stop its publication
or remove it, He refused to do it. Well, the
people OF the surrounding country--the ellie
the men of wealth and of the highest respecta-
bility-the most prominent men in society-(do
not understand me by speaking of them as such
to approve even of that apparently orderly pro-
ceeding; on the contrary, condemn all violent
interference with the true and regular execution
of the law)-these men assembled in the town
of Lexington to the number of thousands, en-
bracing all the responsibility of the adjoining
towns; they held public meeting, appointed a
committee of sixty or eighty persOns to request
again the editor to remove his paper He again
declined. They then directed the removal of it
themselves. The press was taken out without
the employment of force and without resistance,
the types carefully put up, and the whole were
sent to Cincinnati, the city in which the senator
| from Ohio himself resides.
But now for the sequel. He brought his suit
in the State of, kentucky, to recover damages
for the injuries done to his property, by its being
taken and disposed Of contrary to his will, and
he recovered verdict, and obtained n judgment
to the full amount of the injury sustained
| will not 90 over the various other instances
adverted to of riotous proceedings and mobs, as
called. condemn them all and if they have
been as frequent as they are now, it is far from
being i'm apology or palliation for the recent
mob in Boston. 1t is necessary for the govern
ment to speak out and exercise its power to
suppress these irregular proceedings.
There seems to be some regret expressed
| about the employment of force in order to exc
cute the laws of the United States Well,
happen to have in my hand two laws passed on
the same day during the administration of Mr.
Jefferson, investing the executive department of
the government with power to employ the mill
tary and naval force One of them is as follows:
TThat in all cases of insuwection or obstruc-
ton of any of the laws of the United States, OF
of ind,
lawful for the President of the United States to
call forth the militia for the purpose of suppress
sing such instruction, or Of causing the laws to
be duly executed, it shall be lawful for him to
employ for the same purpose such part of the
land or naval force of the United States MS shall
be necessary, having first observed all the prere-
quisites of the law in that respect"
| This law was passed March 8, 1907; and on
the same day was passed another act for the re-
moval Of persons who took possession of any
portion of the public domain without title, and
attempted to avail themselves of that right OF
possession:
at shall be, moreover, lawful for the Presi.
dent to direct the marshal, or officer acting as
marshal, in the manner hereinbefore directed
; and also to take such other measures, and en-
ploy such military force as he may Judge neces-
sary and proper, to remove from land coded To
or acquired by the United States by right OF
cession any persSk or persons who shall here.
after take possession of the same, or attempt to
make settlement upon said land until they are
duly authorized by law"
! Here were two laws passed the same day
on the Sd Of March, l807-one extending gen
orally to all distractions Of the law, and autho-
rzlng the employment of military force, and the
other applicable to the single case of persons
xtxo, ~
| endeavoring to hold possession of them
Mr.. President / know it is sometimes said
that this is government of obedience, and that
you cannot employ force No man upon earth
would deplore more than the necessity of
any occurrence in which it may be necessary to
employ military force No man more than /
would regret the shedding of oneldrop of Ameri-
can blood in order to enforce the laws of the
United States. But government without power
government resting upon opinion-govern-
ment without means to enforce the laws--with-
out means to enforce its own authority, and the
DEGREES and judgments of the courts of justice
would be one of the most ridiculous things
that presented itself to the contemplation of
human being. 60 for public opinion go
for force when it is absolutely and indispensably
necessary to apply it, | go for all the means
with which we are invested by the Constitution
of the country and the nature Of the duties which
belongs to us rs n united people, to maintain the
law at the South, and everywhere the authority
of the laws and of the government nvoate, and
to carry them into full execution
Sir, am done when have described in few
words the necessity for this reference. The act
of 1895 was passed in pursuance of that pro-
vision of the Constitution which declares that
Congress shall have power to call out the militia
to enforce the execution of the laws-to repel
invasion and suppress insurrection The law
of 1895 was passed in consequence of that
power vested in Congress. BY the terms of the
law, before the application of force is made, the
law requires that proclamation shall be issued
by the President calling upon the insurgents to
dispense. The law, therefore, presupposes the
existence of force organized in body and in
hostile array against the government. Now, the
act which read Of March, 1907, referring to that
act of 1913, declares that the President shall
have power to call out the navy and army, to be
exercised in the same manner or to be applied
as he is authorized to employ the militia force
nv tho cct Of 17Qh Nou n 10 ,,,oo;caat a.