North Carolina standard. [volume] (Raleigh, N.C.) 1850-1852, 1851-03-12

the CITY of Boston. These Reports were laid before
the Senate in the last hours of the session on Tues
day. too late to receive any consideration by that body
Report of the Committee TIE Judiciary.
Mr.. Bradbury, from the Committee the Judicial
ry, to which referred the Message of the Presi-
dent of the United States in answer to resolution of
the Senate calling for information in relation to the
recent disturbance in Boston, made the following
port:
The committee being called upon near the close of
the session to consider the subject involved in the
Message of the President deem proper at this time
to confine the expression of their opinion to one or
two points presented in that document
That the Executive officers of the Government
should possess full and adequate power to enforce the
execution of the laws will questioned and the
committee are OF opinion that they possess such pow
e. now. without the aid of further legislation.
In the execution of judicial process, the marshals
and their deputies have authority call to their as
sstance, whenever it is necessary the posse contt1s
within their Jurisdiction and to adopt the language
of the President, " it is supposed to be doubtful
that all citizens, whether enrolled in the militia or
not, may be summoned as MEMBERS" and that it is
their duty to obey such summons.
The committee are notaware of any reason that ex-
empts the citizens who constitute the military and ma
val forces of the United States from like liabilities to
this duty. Because men soldiers sailors, they
cease not to be citizens they possess all the rights
and bound by all the duties of other citizens and
while acting under the direction of the civil authority
Ln6y OOl6C-
ton in organized form, under appropriate subord-
nate command.
The Constitution of the United States and the laws
of Congress passed in pursuance thereof being para
mount to State legislation, State enactment in con-
ict with them nullify them, exonerate the cit
iZen from his duty to render them obedience.
When occasions arise (Which must necessarily be
rare) when the civil power proves inadequate main
tain the laws, the President is authorized by the acts
of Congress of 2Sth February, 1895, and March Sd,
1907 to call forth and employ, in the manner prescri
bed by these acts, the militia of the States, and the
land and naval forces of tho United States, to sup
press instructions and to enforce the due execution of
the laws.
A review of the powers possessed by the Executive
by virtue Of existing laws, to which have barely
alluded, and the experience of the past have led the
committee to the opinion atfurther Legislation is not
essenti0! to enable the President to discharge
have confidence he is disposed to discharge. with f.
deity, his hgh constitutional duty, 10 that the
laws are faithfully executed The committee, there
fore, deem it inexpedent to recommend at this time
further legislation and ask be discharged from the
further consideration of the subject.
Report of the Minority by Mr.. Butler.
Mr.. Butler, from the same committee, submitted the
following minority report:
In submitting my views on the Message of the
President referred to the Judiciary Committee, it is
not my purpose to express my dissent from the gen.
eral and unqualified conclusion of the majority of the
committee to w.t. that it is unnecessary This time
over the militia and military forces of the Government
for the purpose of suppressing instructions and COM
binations to obstruct the execution Of the laws.
There are some subjects of the Message presented
to the consideration of Congress, and which address
themselves specially to the consideration of the COM
mittee, upon which / feel it duty to express an
opinion, lest by silence there might be tact recog
milton of one of the assumptions and appreciation
of some of the recommendations of the message.
Previously to the act of 1907, it seems to have
been the imp led understanding of all the departments
of the Government that the President confined to
the militia s. to 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 pre-
scribes the in which the militia shall be call
ed out and employed. The President cannot order
out the militia to suppress -insurrection against the
State Governments, without being called on 10 do so
by the Legislative Executive authority of the State
81
To suppress combinations against the laws of the
United States, is the duty of the President to Judge
of the occasion for calling out the militia On all
occasions for calling out and employing the militia
it made the duty of the President, by the act
fered to, to issue his proclamation warning to
The employment offorce. This provision was found
ed in usage, and has the sanction of time, trial, and
experience. 1t is but the warning voice of forbear-
ing Government. There might be occasions
when the interval between such warning and the /
actual employment of force nigh: be of some dura-
ton. Other occasions might be such as to require
the force to follow in quick succession the warning
of proclamation. The order to call out the militia
and the proclamation might emanate at the same
lime. l.
1t seems to have been in contemplation by the act
Of 1875 to put at the disposal of the President a
quasi military posse coitatus of citizen soldiers,
maintain the dominion of the laws in which they had
he interest of citizens. 1t was to make use of one
class of citizens to bring another to of JUS
ice and proper submission to the laws. / approve
is wisdom. An Instruction would be much more
easily quelled by the array ofneighbors and fellow
citizens, than by the employment of a trained and
organized army. whose only influence would be the
employment of force. An erwhelming force might
De employed in the first case, whilst the other might
ony be strong enough to provoke collision, and end
n blood. Whatever might be the views of our an
,estors. it is certain that until 1867 the militia
he only force put the disposal of the President
suppress insurrection &c.
The act of 1907 is in these words "Fhat, in
of Instruction obstruction the laws eth
of the United States of any individual State or
Territory, where it is lawful for the President of the
United States to call for the militia for suppressing
such instruction causing the laws to be duly
executed, it shall be lawful for him to employ for
the same purpose such part of the land and naval
force as shall be necessary haUng first observed all
the prerequisites Of the La,o in other respects.''
So far as it regards the employ ment of the army
md naval force, the President maintains that he is
subject to prerequisites of the referred to- but
hat they absolutely his command for the pur-
pose indicated.
The words of the President are: " Congress, not
probably adverting to the difference between the mi