Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-03-08

| tive slave law by a mob in the city of Boston,
These Reports were laid before the Senate in the
last hours of the session on Tuesday, too late to
receive any consideration by that body.
Report of the Committee on the Judiciary.
| Mr. Bra dbury, from the Committee on the Judiciary
to which was referred the Message of the President Of
the United States in resolution OF the Sen
ate call ing for information in relation the recent dis
tur bance at Boston made the following report
| The committee being called upon near the close of
the session to consider the subject involved in the Mes
sage OF the President, deem ii proper at this time to
confue the expression OF their opinion to or two
points presented in that document.
That the Executive officers OF the Government should
possess ull and adequate power TO enforce the execu-
ton of the laws will not be questoned and the
miIee OF opinion that they possess such power
now, without the aid OF further legislation.
In the execution Of judicial process, the marshas and
their deputies have authority to call to their assistance,
whenever it is necessary, the posse comtatus within
their jurisdiction, and, 10 adopt the language of the
President, sc" is supposed not to be doubtful that all
citizens, whether enrolled in the militia not, may be
summoned as members and that 1t is their duty to
| obey such summons.
| The committee are not aware of any reason that
exempts the citizens who constitute the military and
naval forces OF the United States from like liabilities
to this duty. Because soldiers sailors, they
not to be tzens they possess all the rights and
bound by all the duties OF other czens and while
acting under the call and direction OF the civil autdo
ty, they may with more efficiency and without OBJ
lection in organised form under appropriate subord
nate command.
| The Constitution Of the United States and the law
Congress, passed in pursuance thereof being pa
mount to State legislation, State enaetments in con-
fic with them nuly them exonerato the citizen
from his duty 10 render them obedience.
When occasions arise (Which must nee essariy be
rare) when the civil power proves inadequate to MAN.
tam the laws the President authorized by the acts OF
Congress- 2Sh February, 1895. and March Sd, 1907,
to call forth and employ, IN the manner prescribed by
these acts, the militia OF the States, and the land and
naval forces OF the United States, to suppress nsurec
tons and to enforce tine due execution OF the laws
A review of the powers possessed by the Executive
by virtue of existing laws to winch have her gin al
luded. and the experience of the past have led the
mittee to the opinion that further legislation is not es
sentia to enable the President to discharge as we have
confidence he s disposed to discharge with fidelity his
high constitutional duty, 10 that the laws faith
fully executed The committee, therefore, deem i in
expedent TO recommend at this time, further legisla
tion and ask TO be discharged from the further
sheraton OF the subject.
| Report of the Minority By Mr. Butler.
Mr.. Butler from the comm ittee, submitted the
following minority report
In submitting my views the Message of the Pres.
dent referred the Judiciary Committee it is not my
purpose express my dissent from the general and un
qualified conclusion oihe majority of the ittee
wit that it is unnecessary at this time, by further e
esa,ion, to give the President power over the militia
and military forces OF the Government for the purpose
OF suppressng nsurrecon and combinations to obstruct
the execution OF the laws.
There some subjects OF the Message presented to
the consideration OF Congress, and which address them
selves specially TO the consideration OF the committee
upon which feel it duty to express opinion, lest
by silence there might be tac recognition of one of
the assumptions, and an appreciation of some of the
recommendations OF the message.
Previously to the act OF 1907 seems to have been
the implied understanding of all the departments ofthe
Government that the President was confined to the mil
tia to suppress instructions against the State Gov.
eminent and to suppress combinations against the laws
OF the United States"
The act of 1875 indicates the occasions and prescribes
the manner in which the militia shall be called and
employed The President cannot order out the militia
TO suppress instruction against the State Government
without being called 10 do by the Legislative or
Executive authority othe State concerned.
To suppress combinations against the laws OF the
Unite States, it is the duty OF the President Judge OF
the occasion tor calling out the militia On all occa-
sions for calling out and employing the militia, it
made the duty OF the Pres ldent by the act referred to-
| to issue his proclamation as warning to the employ
ment of force. This provision was founded in usage,
and has had the sanction OF time, uial and experience.
1t is but the warning voice OF torbealing Govern
ment. There might be some occasions when the inter-
| val between such warning and the actual employment
OF force might be OF some duration. Other occasions
might be such require the force to follow quick
succession TO the warning OF proclamation, The
der to call out the militia and the proclamation might
emanate at the same SINE
1t ems to have been in. contemplation by the act
OF 1895 put at The disposal OF the President quasi
military posse comtatus of citizen solden to main
tain The dominion OF the laws in which they had the
interest OF citizens Ii make Use OF one class
of citizens to bring another TO of justice and
proper submission to the laws. | approve its wisdom.
An nsurrection would be much easily quelled by
the array of neighbors and fellow citizens than by the
| employment OF trained and organized army, whose
only influence would be the employment OF force. An
| Overwhelming force might be employed in the first
case, whilst the other might only be strong enough to
provoke collision, and end in blood, Whatever might
be The views of ancestors it is certain that until
1907 the militia The only force put at the disposal
OF the President to suppress insurrec,ion. &c.
The act of 1867 is in these words; That in case of
insurrection or obstruction orhe laws either OF tho Uni
ted States OF any individual State or Territory where
lawful for the Pie ident tho United States cal
forth the militia for suppres.lng such instruction oil
causing the laws to be duly executed it shall be Lawful
for him employ for the purpose such part Of The
land and nava force shall be necessary harihg fsst
obserred all the prerequisites q the a~ in other re-
spects"
So far as it regards the employmentsof the army and
navy force the President maintains that he is subject 10
no pre-. requisites OF the act referred to- but that they
absolutely his command for the purposes indicated
The words of tie President Congress, not pro.
baby adverlng to the difference between the militia aud
the regular army by the OF March 3d. 1907 author
zed the President the land aud naval force OF the
| tho he. mini