Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08

sage of the President of the United States relative
to the recent case Of resistance to the fugitive slave
law by mob in the city of Boston. These Re-
ports 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.. BRADBuRY from the Committee on the Ju-
dietary, to which was referred the Message OF the
President Of the United States in answer to re-
solution of the Senate calling for information in
relation to the recent disturbance at Boston, made
the following report:
The committee being called upon the close Of the
sion consider the subec, involved in the Message Of the
President, deem proper this time con6ne the express
of their opinion points presented in that
document.
That the Executive officers ofhe Government should pos
sess full and adequate power enforce the execution Of the
laws will not questioned and the committee of opn
ion that they such power now without the aid of
further legislation.
In the execution Of judicial process the marsha and their
deputies have authority call to their assistance, whenever it
10 necessary the posse comtaus within their jurisdiction,
and to adopt the language Of the President supposed
be doubtful that all citizens whether enrolled in the
militia or not, may be summoned members, and that it
is their duty to obey such summons.
The committee are not any that exemPts
the citizens who constitute the military and naval forces OF the
United States from like liabilities to this duty Because men
are soldiers Sailors they not to be citizens they pos
sess all the rights and bound by all the duties OF other
citizens and while acting under the call and direction OF the
civil authority, they may act with more efficiency and
without objection 10 organized FORM under appropriate
subordinate command.
r. g.. hal AL
Congress passed in pursuance thereof being to
State legislation, State enacmens in conflict with them
can nu them the citizen from his duty to
render them obedience
When occasions (Which necessarily bsrare when
the civil power proves inadequate maintain the laws the
President is authorized by the acts Of Congress Of 2sh Feb
ruary 1885, and March 3d. 1907, 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 Sates
suppress instructions and enforce the due execution Of
laws
review of the powers possessed by the Executive by vr
of existing laws which have herein alluded, and
the experience of the past have led the committee to the
opinion that further legislation is not essential enable the
President discharge have confidence he is fposed
discharge with fidelity bis high constitutional duty, to
that the laws faithfully executed The committee there
fore, deem it inexpeden recommend this time further
legislation; and ask be discharged from the further consd
Grafton Of the subject.
Report Of the Minority by Mr.. Butler.
Mr.. BUTLER, from the same committee, submit
ted the following minority report
In submitting my views the Message Of the President
referred to the Judiciary Committee is not my purpose
express my dissent from the general and unqualified ccnclu
sion Of the msoy Of the committee, Wit, that is
ho
power the militia and military forces of the Government
for purpose of suppesng instructions and combinations
to obstruct the execution Of the laws
subjects Of the Message presented to the
consideration Of Congress- and which address themselves
caly to the consideration Of the committee, upon which
feel duty to express an opinion, lest BY silence there
might be acit recognition Of Of the assumptions and
appreciation Of some oft Of the message
Previously the act Of 1907, it to have been the
implied understanding of all the departments of the Govern
that the President confined to the militia to sup
press instructions against the State Government and
press combinations against the laws Of the United States"
The of 1895 indicates the occasions and prescbes the
which the militia shall be called and employed
The President order the militia suppress nsur
recon against the State Government without being called
on do by the Legislative Executive authority Of the
State concerned.
Safes is the duty Of the President judge Of the occasion
for calling the militia On all occasions for calling and
employing the militia, it made the duy Of the President,
by the referred issue his proclamation warning to
the employment Of force. This provision founded in
usage and has had the sanction Of Time trial. and experience
1t is but the warning voice Of forbearing Government
There might occasions when the interval between
such warning and the actual employment Of force might be
of some duration. Other occasions might he such TO
que the force follow in quick succession to the warning
Of proclamation The order call out the militia and the
proclamation might emanate the time.
1t seems to have been contemplation by the act Of 1875
pu, the disposal Of the President quasi military
comatus citizen soldiers maintain the dominion Of the
laws, which they had the interest Of citizens II to
make class of citizens bring another to
Of justice and proper submission to the laws. approve
its wisdom. An instruction would be much more easily
queed by the array Of neghbos and citizens, than BY
the employment Of trained and organized army whose only
influence would be the employment Of force An overwhelm-
ing force might be employed n the first case whilst the other
might only be strong enough provoke collision, and end 10
blood Whatever might be The views Of ancestors il is
certain that until 1907 the militia the only force put at
The disposal of the President suppress instruction, g.
The act Of 1907 in these words "Tha in of in
surrecton or obstruction The laws either Of the United
Estates Of any individual State or Territory, where is law
tfu Tor the President Of The United States call forth the
militia for suppressng such resurrection causing the laws
be duly executed shall be lawful for him to employ for
~ oC H.