Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-03-14
REPORTS MaDi. TO THE SENATE RELATING IoI
TIE BOSTON RIOT.

the views oi the Majority and Minority OF the Jc1icttfs
Committee of the Senate in response the Message ~ IN
President Of Tie United Suites relative 10 ac recent case {"
resistance TO the fugitive sla:c Law by noh IN the cis
Boston These Reports laid before the Senate IN TIE las
hours of tho session Tuesday a,a 10 receive any
consideration by that body
REPORT OF THE COMMITTEE ON THE JUDICIARY
MIR. Bradbury, from the Committee he Jictsfy 10
which was referred the Message Of The President OF te cn
ted States n answer 10 resolution III the Scnae cnae ie
information in relation tho recent disturbance al Boston
made the following report:
The committee being called upon near he close Of the
sion 10 consider the subject involved in the Message o e
PRESIDENT deem 1t proper al this time coEhGc lie s"cs
sion OF their opinion c one points pcscned III 's
document.
That the Executive officers OF tie Goyernnen: shollo
POSSESS full aad adequate power cnorc the execution o
the laws Will Tot be questioned and the committee are d
opinion a they possess such power now, without he aid
OF further legislation
In the execution of judicial process the marshas and tncir
deputies have authority call hs assistance whenc"cT
it Is necessary the ose ni.aS within their rsicion
and, TO adopt The lanclagc Of President supposed
not TO be doubtful that all citi2ens whether enrolled IN IT.:
militia or not may be Summoned members, and that II
is their duty 10 obey such summons.
lie committee are that eXGtlpts
the citizens who constitute the military and naval forces OF
the United States from like liabilities this duty. Because
men arc soldiers or Sailors hev not 10 be:zen ey
possess all the rights and bound by al the duties o other
citizens; and while acting under the call and direction of lie
civil authority they may with efficiency anu with
OUT objection In an organized o' under appropriate soof-
dnate command
The Constitution Of the United States and the laws cl
Congress- passed in pursuance thereof being paramount To
State ieglsiaon State enactinents m conflict with hem
nullify them the citizen from his duty to icn-
der them obedience
When occasions arise (Which necessarily be racl
when hc civil power proves inadequate to maintain the
laws the President authorized by the nets Of Congress OF
26th February, 1885, and March 3d. lSU 10 call orlh int
employ III the manner prescribed by these acts The 'it'
Of the States AID the land ana naval ioces OF Tie Cned
States TO suppress instructions and 10 enforce the due
execution OF lke laws.
review Of the powers possessed by the Executive by
virtue OF existing laws to which we have alrca,
aud the experience The past havo led tho committee p
the opinion that further Legislation is not e3ssnti 70 enable
the President TO discharge We have confidence o IS DIS
posed TO discharge with fidelity, his high constitutional duty,
that the laws u!tfuy executed. The committee
therefore, deem ineXpedent recommend al this time fur
her legislation ana ask 10 be discharged from the further
consideration OF the Subject
REPORT OF THE MINORITY BY MR. BUTLER
Mr. Butler from the committee submitted the ol
lowing minority report:
In submitting my views the Message Of the President
referred 10 the judiciary Committee, II - not purpose 10
express my dissent IRON the general and unqualified concu
sion of tho majority Of the committee, 10 w.t. that il is
cessary this tme BY further legislation TO give the Pr,s
den. power the militia and military forces Of the Gov
for the purpose Of suppressng instructions and
combinations obsruct the execution Of the laws.
There subjects of the Message presented to the
consideration of Congress- and which address themselves
specially TO the consideration oi the committee upon which
feel il duty express opinion, lest By silence there
might be iacit recognition Of of the assumptions
and appreciation OF OF the recommendations of the
message.
Previously to the act of 1907 it seems to have been tie
implied understanding Of all the departments of the
ment that the President confined the militia "o sup
press Instructions against the State Government and 10
suppresss combinations against the laws Of the United
States"
The of 1895 indicates the occasions and prcches the
In which the militia shall be called and enpoyad
The President order out the militia to suppress
rection against the State Government without being called
on TO do by the Legislature Executive authority of the
State concerned.
States the duty the President Judge the occasion
for calling the militia. On all occasions for calling ou:
and employing the militia II was made the duty of The Prs
dent by the act referred TO- to issue his proclamation
ming to the employment of force This provision was i5-
ded in usage ard has had the sanction OF time trial and
perience II is bu the warning voice of orheariEn Cavern
men There might be occasions when tho interval be-
such warning and the actual employment force
might be of some duration Other occasions might be such
require the force p follow in quick succession
warning Of procanatpn The order call the mill
tia and the proclamation might The same ne
II seems 10 have been in contemplation by the Of 1855
to put at the disposal OF the President qlS military
eoitatus of citizen soldiers 10 maintain lie dominion c the
laws, in which they had tie interest Of citizens l.
make of class Of citizens bna another TO
of Justice and proper submission 10 the laws arr-ovc
its wisdom. An insurecon would be much more easily
queed by the of ncshbors and fellow citizens tar y
the employment Of trained and organized army whose on
y INFLUENCE would he the employment Of force. An over.
whening force might &c employ cd in TIE FIRST case whist
the other might only be strong enough 10 provoke collision
ard end in blood Whatever might be the OF ouy an
cesors it certain that until 1907 the militia was the ony
force put at the disposal of the President suppress
rec,ion, DC.
The of 1907 is in these wcrds "Tha in ca5es Of In,
suuection obstruction ae laws either o. the United
States of any individual State Or Territory where il is
lawful for the President Of the United States to call .ih
the militia Tor suppcssng such nsurrecCn causing the
laws TO be duly executed il shall be lawful for him 10 employ
for the same such part of tho and naval force
shall be necessary, harnc first o5serre1 all he prcrecss
of elar in otter respects"
So far as it regards the employment, of the army and ua
val force the President ainuins that he is subject to no
prerequisites of the referred TO- out that ev a-e
lutely at his command for the purposes Indicated.
The words Of the President Congress- not
adverting to the difference between n, militia and Ie re.-
lar army BY the OF March 3D. 1907 ui,rizcd the p.s
dent the land and naval force o the United States ;
the purpose for which lie might call forth the ni;,
and subject to tine proclamation. But the powe ri I'm.
President nEder the constitution commander OF the army
and navy Is general and his duty the laws execsle
general and positive and the o l7 ought no, "a a
construed evncng any disposition in Congress 70 limit
restrain any OF his constitutional authority The import of
which is that the President may the onv and navy as
he may think proper under the cnude C his constitutions
al authority and TIN, constrained by the ac, ri
1907 he be restrained by any OF Congress- Re-
ing eco COMMANDER ne the ARM supprcssoe
instructions different from that in which he X
required TO use the militia
For tho specific and sometimes delicate
think Congress has the direction of the Pr, siaen When
actually in command for repeng invasion or c. any ohcr
purpose he exercise his Judgment under his
stutiona discretion. In sentence denv that the Pre-
sdent has right 20 employ the army and navy for
ing Instructions DC. without observing the same
sites prescrloed LOT nun III Gazing out the militia for the
purpose.
His suggestion in his message is that he shall have ph,
TO employ the mtia as he contends he has yht under
the constitution employ the regular military th.
without notice OF proclamation. do not think he has the
sn to call out the military force Of the Government with
out observing the prerequisites OF the CT 1885, and en-
unwilling give him such power in calling OF, the militia
would regard 1t as fearfuy momonous occasion TO see
tho army called shoot down insurgents without notice
or proclamation
The truth is il must be regarded as significant omen Of
the times TO be told that marshal under his penary
10 call out the posse comatus execute constitutional
laws without force and that to be executed viii ir
promptness Of Executive will. ~ ~
Justice and tine occasion require to say that do no,
sent Executive The precedent for the direction of M
despot. D m eI.rI 'I.'sa'y Ep
FEBRUARY %, 1851. = oiLIh'
VIZ u n IA l. e GEsLA LATURE.
TUESDAY, MARCH IL. 1881
SENATE.