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

Mr.. BUTLER. II the senator will give way,
will make motion 70 adjourn.
Mr.. DAVIS 1 want no adjournment wapt
to have the matter dlspossd Of tonight
Mr. BUTLER. did not want an adjourn
ment for myself, but desired to consult the
wishes ofthe Senate.
Mr.. DAVIS, of Massachusetts propose to
occupy the attention Of the Senate but a very
few moments. ] certainly would not desire to
adjourn for my own sake | want to see an end
of this thing tonight.
| And will begin by saying, in order that
may not be misunderstood that ut no time have
felt the slightest objection, or intended to in
terpose any obstacle of any kind, to a reference
of this question to the Committee on the Judic-
ary On the contrary, SO far as know the OPT
mon of the Senate, probably that question could
have been taken without objection. But il must
be very obvious to you, Mr.. President, and to
every person who has listened to this debate,
that the character of my own State and of the
citizens 0fBoston to some extent has been drawn
into and involved in this inquiry; and rise to
cay word or two--and it shall be but few
words--in reply to some remarks which have
fallen from senators since addressed the Senate
before. l said then that had not perceived in
the evidence which all agreed was imperfect
any decisive proof that this was case demand
ing the interposition of this government in the
exercise of its powers-that did see that case
had arisen in the city of Boston which could not
be mastered and controlled by the civil authori-
ties of that city WE'LL sir, all the evidence
which has come to me subsequent to the period
when | addressed the Senate has confirmed
this conviction and this opinion which enter
tain.
Mr. President what is the fundamental prin-
ciple upon which this power contided to the Pre-
sident of the United Suites stands 1t is admit
ted on all hands that it is n power to be exer-
cised sparingy and has been so exercised by
the United States from the commencement OF
the.government down to this day. think the
principle involved is very plainly this: that there
is to be an interpositiOn whenever the authority
of the government is inadequate to sustain and
support the judicial tribunals of the country
without resort to any other force for that pur-
pose. That is the principle that lies ut the bot
tom, and the genius of the government itself
sanctions this principle. The Constitution in
tends and designs that there shall be no inter
position where the judicial power is competent
to carry into execution the law
And if we go to history, we shall find some
instructions upon this subject There was in
the time of the distinguished and eminent Lord
Chief Justice Coke, an application made to him
to send civil officer with nm armed force to
suppress some popular commotion Well, what
was his reply? | have noted it down upon
scrap of paper which have before me. In
answer to that application to send military
force with civil officer to make arrests when
there was popular commotion, he replied:
"Let them know that the laws of this king
dom are not to be executed by the sword
These matters belong to the civil power, and
you have nothing to do with them"
| Well, how does it stand when you 90 to the
laws of the United States? Before passing to
that point, however, will add that the govern
ment of Rome had very great experience upon
this subject. They had frequent outbreaks
They had many occasions in which they re-
posed dictatorial power in individuals and what
was the result of all their experience upon this
subject, after substituting military ard arbitrary
i power in the execution of the laws for the or
binary means by which they were carried into
execution? Why, sir it came to be an adage,
Inter arnes leges silent; and think as an es-
tnbshed principle it will be found to be true
that whenever military power and military force
is employed for the purpose of executing the
laws, the laws become silent
To come, then, to the laws of the United
States: how is it in regard to this act of 1895
which has been adverted to BY the honorable
senator from Kentucky, and which is referred to
in the message of the President? Why, the very
complaint of the message is that the executive
department is required, before military force is
resorted to for the purpose of carrying into ex-
ecution the laws of the United States, to make
proclamation requiring the insurgents or In
surrectionists to dispense. Now, the policy of
| hat 10 >orr> oti ohv II 81
of it is perfectly apparent. The design wns
that oil peaceable measures, all quieting meas
ures should first be tried before this force was
rcsorted to. The purpose and intent of the
thing is plain upon the face of the statute itself
| Congress intended to restrain the President
from hasty and inconsderabe exercise of this
power Congress require him first to issue his
proclamation, for the purpose of settling the
question whether or not that would be effective
as last resort and if it were not, then it
would be very proper to come before us, /
agree.
| Well, sir, great many occasions have arisen :
but the senator from Kentucky says that none
of them were so important as this since the or
ganization of the government except the
whiskey rebellion Let us see whether that is
correct or not. Let, us, in order to test that
point, look into the state of things which exists
in the city Of Boston. | condemn rs much as
any gentlemen can, the act Of violence that has
been committed but does it bring with it testi
mony Of such an extensive detection in the
popular mind that the judicial tribunals cannot
maintain and support their authority? That is
the point to which ! wish to draw attention.
In the first place, we have All learned that this
was an inconsiderabfe band Of persons that res
cued the individual; and then, as if it were to
confess their own weakness and inability to face
the civil authority, this man is taken in disguise
out of the couatry, ms it is said, into foreign
jurisdiction. This certainly implies that the par
ties who were resisting the operation Of the law
were weak In themselves.
But there is much stronger fact than this,
and desire to present it in vndcation of the
people Of my own State II is known to all
gentlemen here, that Immediately after this trans
action occurred, measures were taken to arrest
those persons who were concerned in it; that
warrants were at once issued, and that various
persons, white and black were arrested to an
swer for their conduct Courts were then held