Washington telegraph., 1851-03-19

words directing only against insurgents,
and to disperse. thereby implying not
only al insurrection but an organized, or
at eaS an embodied, force. Such a
proclamation in aid of the civil authority
would often defeat the whole object, by
giving such notice to persons intended to
be arrested that they would be enabled
to fly or secrete themselves. The force
may BE- wanted sometimes to make the
arrest, and also sometimes to protect the
officer after it may be made, and also to
prevent rescue. would, therefore,
suggest that this section be modified, by
declaring taa. nothing therein contained
shall be constructed to require any previ-
GUS proclamation, when the militia are
called forth, either to repel invasion, to
execute tlR laws, or suppress combi-
nations against them; and that the
President may make such a call, and
place such militia under the control OF
the United States, to aid him in execut-
ing the laws or suppressing such combi-
nations; AMI while so employed, they
shall be paddy and subsisted at the ex-
pense of the United States.
Congress, lot probably adverting to The
difference between the militia and the
regular army, by the act of March g.
1907, authorized the President to use the
land and naWl forces of the United
States for the same purposes for which
he might call firth the militia, and sub
ject to the sane proclamation. But the
power of the President, under the con-
stitution, as commander of the army and
navy, is general; and his duty to see the
laws faithfully executed is general and
positive; andthe act of 1907 ought not 10
be construed as evincing disposition in
Congress to limit or restrain this conslitu-
tional authority. For greater certainty.
however, it nay be wei! that Congress
should modifl or explain this act in regard
to its provisions for employment Of the
army and na'y of she United States, as
we'll as that il regard to calling forth the
militia. 1t il supposed not to be doubtful
that all citizas, whether enrolled in the
militia or npt. may be summoned as
members Of The posse consatatus, either
by the marshal or a commissioner, ac.
cording 70 law: and that it is their duty
to obey such summons. But perhaps it
may be doubted whether the marshal or
commEsDner can summon as the posse
conaatatas an organized militia force, act
ing uder its own appropriate officers,
withou the consent of such officers -
This pant may deserve the consideration
of Congress.
l use this occasion to repeat the assnr-
ance, that so far as depends on me, the
laws shall be faithfully executed, and ali
forciblf opposition to them suppressed;
and to his end am prepared 20 exercise,
whenerer it may become necessary, the
power fonstitutionally vested in me, to
the fulhst extent. l am fully persuaded
that th, great majority Of the people oi
this coiutrY are warmly and strongly at
tached to the constitution, the preserva.
ton of the Union, the just support ot
the Goernment, and the maintenance oi
the authority of law. | am persuaded
their ernest wishes and the line of my
constitutional duty entirely concur; and
doubt lot tirmness, moderation and pru-
dence. strengthened and animated by the
genera opinion of the people, will pre- vent
the REPETITION of occurrences disturbing
the public peace and repro5ated by al
good nen.
MILLARD FIJI LMORE.
Afterthe reading of the message, the following
debate arose:
Mr.. Gay had listened with great satisfaction Il
the message o. the President just read. Its gen
eral tom, and The firm resolution it expressed t'
laI inf off fo ha nd, bf
satisfactory to every candid and impartial man
He regIetted one thing, and that was, that thu
message did not announce that the marshal hat
been dismissed. He had doubt the Presiden
was sub rc.ing the conduct of the marshal 10
scrutiny in order to ascertain whether he deserved
dismissal or not lie had been gratitied at the
general execution of the fugitive law. 1t hat
been promptly executed in Indiana under very ad
verse circumstances; in Ohio in repeated instances
in Pennsylvania, atit capital and in Philadelphia
also, in the great metropolis OF the Union, New
Y FORK. 1t had been executed everywhere excep
in Boston.
I In Boston two attempts to execute the law re
suited in failures. When he heard Of the firs
failure, he had looked forward with anxiety to tn,
second arrest, in order 10 see if the law would o
would not be executed; aud he was surprised t.
hear that the law had been resisted by lawes
mob, who entered the court house and rescue'
from the oilcerS OF JuS'lce person leSdIly III te
custody. When he had alluded to the blacks, an'
their outra geous conduct in this matter, he als
meant to include in his denunciaton, the conduc
of those, whether in high or low places, who, by
their speech, their advice, induced, led on and in
stgated those poor deluded creatures to this opel
violation of the law. He o,ed that, if there wer
any defect in existing laws, provision would b.
made by which those who Instgate, induce, per
suade, aud lead on these miserable wretches T.
such acts of violence, will be brought TO condg
punishment. He earnestly supported the sugges
tions made by the President in his message, AM
moved the message be referred to the Judiciar,
Committee.
Mr.. Hale was glad that the document just rea
had been sent in, if for other reason than be
Cause it showed that the President felt that hi
Administration had made itself ridiculous by issu
ing the proclamation; and the message just rea
was nothing more than labored essay 10 prov