The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-12-19


late OF The bill referred To- Did they avoid that vote
were they absent by accident when the was tax
Some OF those gentlemen, know, gave their moral sup
port TO The bill but stale the fact that it was not until
ne o. had gone 10 the country and obtained its favoa-
Die judgment, as they suppose, that gentlemen be-
came It's open advocates. SO much for that
Now for another complaint and charge which the hon
oarole senator has made, which may apply TO myself
that 49, denying the President power to enforce the law
beg to bring TO the attention OF the Senate the report
which submitted in relation the Presidents message,
calling ior additional legislation to enable him TO enforce
Mr.. FOOTE. OF Mississippi. thought that was dis
iincly understood by the whole Senate in stating that
had no aluslon TO the honorable senator connexon
with this matter. recollected his report, and have
mad occasion TO read II in my own State in language OF
commendation he expresses some opinions in the re-
port in which do not entirely concur But ex-
ceedngly struck with portion of the language used in
the report expressing confidence the disposition of the
Executive TO perform his duty faithfully in executing the
Mr.. BUTLER. wish to have the report read not so
much Tor any vindicaton Of myself that the Senate
may understand my views. r
The Secretary read the report as follows:
"In submitting my views the message of the Pres
dent referred the Judiciary Committee, is my pu
pose my dissent from the general and unqna
fled conclusion Of the majority OF the committee witt that
is unnecessary at this ime by further legislation give
the President power the militia and military Of
the government for the purpose OF suppressng nsurec
tons and combinations to obsrruct the execution OF the
There are some subjects OF the message presented to
the consideration of Congress- and which address them
selves specially 10 the ration Of the commiuee
upon which feel il duty express opinion, lest
by silence there might be tacit recognition Of of the
assumptions and an appreciation OF some OF the recon-
Previously to the Of 1907, il have been the
President confaed the militia TO sup
instructions against the Snte government and
States " 'hN''''' w y ' 0~
"The OF 1895 indicates the and pescrbes
the manner in which The militia shall be called out and
employed. President order
suppress nsurrecion against the State government, with
Out being called on to DO so by The legislative or executive
To suppress combination against the laws of the United
States, theriu,y President Judge the
for calling the militia. On all for calling
out and employing the militia it was made the duty by
the referred to issue his proclamation previous
warning to the employment OF f1rce.
'This provision founded in usage and has had the
sanction OF time trial. and experience II is but the
ing voice of iorbearng government There might be
occasons when the interval between such warning
and the actual employment Of force might be of dura
Other occasions might be such require the
follow in quick succession the warning OF proclama
ton The order 10 call out the militia and the Proclama
tion might emanate al the same Time
/" II seems TO have been in platon by the act Of
1875 the disposal Of the President quasi military
coiiais OF citzen soldiers mania the domin
ion Of The laws which they had the of citizens
Il make Of one class of citizens to bring another
TO OF justice and proper submission TO the law.
approve It's wisdom. An insurrection would be much
more easily qneled by the of neighbo and fellow
citizens than by the employment Of trained and organ
ICED army whose only influence would be the enpioynen
OF force An overW helming force might be employed in
the first whilst the other might only be strong enough
to provoke collision and end in blood Whatever might be
the OF ancestors II Is certain that until 1907 the
militia the only force put al tue disposal Of the Pres
dent upprcss nsurrecion, &c.
" The act OF 1857 is IN these words That in cases OF
insurrecton obstruction TO the laws either OF the United
States any individual State Territory where is
lawful for the President Of the United States call forth
the militia for suPpressing such nsurrecon, or causing
laws be daily executed, shall be lawful for him TO
employ Tor The same purpose such part o the land ana
naval force shall be having si ebsfrprd all
ths prerequisite, Of the lac Il" that ropset'
50 lar regards the emf mpoymcnt OF the and
naval force the President maintains that be subject TO
quisites Of the act referred 70, but that they
Gated
The words OF the President Cougoess, poba.
bly, advering 10 the difference between the mta and the
reouar army by March g. 1907 authorized the
states for the purpoes for which he might call forth
militia md suttet 10 the soe proclamation Bot the
power OF President under the constitution, as com
Of the army and in general and his dny to
laws executed general and positive and the act
OF 1907 ought be construed evncing any dspos
ton Congress limit or restrain any oil his constitutional
authority :, :,
army and as he may think proper under the Pen.
iude of his constitutional authority, and that be is not
stained by the of 1907, he be restrain
ed by any act of Congress Being oDdeio commander,
can army in uppessing instructions in man
different tfom that IN winch he required TO use the
militia. ,----.,-,, :,
Gated Congress has the direction of the President
When actually in command ior repeling invasion or for
any other purpose, he exercise his judgment
bis constitutional discretion. In one sentence deny
that the President has right employ the army aud navy
for suppreing iusuection, Sc without observing TIE
prerequisites prescribed io him IN csihk out the mi
ltis purpose.
His suggestion in his is, that he shall have
right employ the militia. he contends be has right
1.-The constitution employ the regular military lorce
that is, without noce OF proclamation do not mink
he has the right call se military ioce OF the govern
me Mt without Oh erving the OF the act OF lI33
and am unwilling give him such power IN ealing ont
The militia | would regard u ieaffpiy monentous
the army called out to shoot down insuf-
gents without no.ice ot Proclamation
The truth Is, u must be regarded as sgnhcant omen
OF the times be told that marshal under his penay
power call out the posn eoman, cannon execute con
.plonsl laws without force and that TO be
cuted with a promptness Of executive WILL
Justice and the occasion require me TO say that 90 no
beys the pow commended would be abused by tue
present Executive The precedent for the direction Of
mild and os President may be the rod OF power Tor mil
vary os'p'' "a p. BUTLER
"FsBnUARY 2s 1851"
MIR BUTLER Mr.. President, this report did not
materially differ from the report OF The majority have
seen il adverted by the newspapers, and generally
think the report has been approved. u had beeo IN.
hnenced by feelings OF sectional resentment, m'ghl
have been tempted 10 yield the Presidents demands
The import Of his message was that he should pe a.,
lowed no, only TO the regular army, without pocla'
nation in putting down instructions and bodies OF men
too formidable be overcome by the ordinary posse com
fus OF the country but he required that there should pe
an armed militia at the disposal OF his marshals, WIN
ba and balls who should put down those fofmlda
BILE bodies OF men without warning them-Wltnou
having ihe rio, act read them a, all did not agree 10
any such suggestion recoect that under The influence
of the highly eloquent appeal which was made by tht
honorable senator from Kentucky, lMr CLAYl no, now
in his seat this body was prepared almost io any aW
and 10 adopt almost any suggestion lfecohec'eu' now
ever that wba, nigh, be urged as the precedent OF 10
day might be the prescription OF to morrow ana me same
nrneples which would prevail If his recommendation
had been nssened TO this nigh, be abused by any
hitrary