Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-02-25

transmitted from The Department of State TO The dssnt
aiterhty aud marshal OF the United States Tor The dis
trict OF Massachusetts, ard their answers thereto.
In regard TO the as branch OF the inquiry made by
The resolution of the Senate, have to observe that the
Constitution declares that the President shall take
that the laws be faithfully executed and that che shall
be commander chief of the army and navy of the
United States. and OF the militia of the several Staes.
when called into the actual service the United States
ard that Congress shall have power to provide for call
ing forth the militia to execute the laws OF the Union,
suppress lnsurrectiop, and repel nvasons From which
1t appears that the army and navy are by the Constu
ton placed under the control of the Executive. and pro-
baby legislation of Congress could add or dmn-
lsh the power thus given but by increasing or diminish
ing or olshng altogether the army and navy. But
not so with the militia. The President cannot call the
militia INTO service to execute the laws repe in
VasoDs, but by the authority OF acts OF Congress passed
tor that purpose. But when the militia called into
service in the manner prescribed by law, then the Con-
stutlon Itself gives the command the President. Ac
ting on this principle, Congress- by the OF February
49, 1885, authorized the President to call forth the mill
TIA TO repel INVASION and suppress instructions against
stale government and TO suppress combinations
against the laws Of the United States and cause the
laws to be faithfully executed" But the act proceeds
to declare that, whenever it may be necessary in the
Judgment of the President, to the military force
thereby directed to be called FORTH the President shall
forthwith, by proclamation, command such insurgents
dsperse and retire peaceaby to their respective abodes
within limited time. These words are broad enough
to require proclamation In all cases where militia
called out under that act whether to repel invasion
suppress an Instruction or to aid in executing the laws
This section has, consequently, created some doubt
whether the militia could be called forth to aid in execu
ting the laws without previous proclamation. But Yet
the proclamation seems to be in words directed only
against insurgents and require them dsperse there
by implying not only Instruction, but organized
or at least an embodied, force. Such proclamation
in aid of the civil authority would often defeat the whole
object by giving such notice persons intended to be
arrested that they would be enabled to fly
themselves. The force may be wanted sometimes
make the arrest and also sometimes to protect the Off
Ger after ii is made, and to prevent rescue. would
therefore suggest that this section be modified by decar
ing that nothing therein contained shall be construed to
require any previous proclamation, when the militia
called FORTH either repe INVASION execute the laws
or suppress combinations against them; and that the
Pre- sdent may make such call and place such militia
under the control of any civil officer Of the United
States to aid him in executing the laws suppressng
such combinations; and, while so employed, they shall
be paid by and subsised the expense of the United
States.
Congress, not probably adverting to the dfferen ce
between the militia and the regular army, by the of
arch3 1907 authorised the President to the and
and naval forces Of the United States, for the same
purposes tor which he might call forth the militia and
subject 10 the same proclamation. But the power of
the President, under the Constitution, commander
of the army and navy, is gene al; and his duty to
the laws faithfully executed is general and positive;
and the act OF 1907 ought not 10 be construed evn
eng any disposition in Congress to limit or restrain
this constitutional authority For greater certainty
however, it may be well that Congress should modify
or explain this act in regard to its provisions for the
employment OF the army and navy of the United States
as well as that in regurd to calling forth the militia:
ther enrolled in the militia not, may be summoned
as ieinoes OF me posse comltatus ener by he mar
shal or commissioner according to law; and that is
their d9y 10 OBEY such summons But perhaps ltmay
be doubted whether the marshal or commissioner can
summon as Inc posse comltatus an organized militia
force acting under its appropriate officers, witho ut
'he consent OF sucn oincers Inns point may deserve
| the consideration OF Congress
use 'hls occasion to repeat the assurance that, 20
lai De oepenos on me- the laws shal De ldthiuly exc
cuted and all orcble opposition to them suppessed and
to this end am prepared to exercise whenever il may
pecoe necessary the power conshtutiona4y vested IN
me 10 ne fullest extent. am July persuaded that the
great aolty OF the people OF IGs country are warmly
ana strongly attached 70 the Constltuon the preser
Vauon OF the Union, the Just support o. the Govern
menl. ana me maintenance m OF the anthony OF law l
am persuaded that their earnest wishes and the line OF
my constitutional duty entirely concur; and doubt not
irmess, moderation, ana prudence strengthened and
animated by the general OPINION OF the people, will pre-
vent Inc repeuon OF occurrence disturbing the public
peace ano leprooaleo ny al gooo men ,,,onp
| MlLLARD FlLLMORE.
| Mr. CLAY had listened with great sat- sacton TO the
message OF the President Just read Its general tone
and the firm resolution it express ed to carry the law
into effect ought to be and would be Satisfactory 10
every candid and impartial man. lie regretted one
thing, and that was that the did announce
that the marshal had been dismissed He had no doubt
the President supecting the conduct of the marshal
10 scrutiny, in order to ascera in whether he deserved
execute Of the Fugitive law 1t had been promptly
executed Indiana under very adverse circumstances;
in Ohio in repeated instance; in Pennsylvania, a! its
capital and in Philadephia aso in the great metropo-
lis OF the Union New York 1t had been executed eve
rywhere except in Boston.
In Boston two attempts to execute the law resulted
in failures When he heard the first failure he had
looked forward with anxiety to the second arrest, in
order to see the law would or would not be executed
ana ne was surprised to hear that The law had been
sisted by awess mob who entered the cour-hou ard
rescued from the officers OF Justice legally in
their custody When he had alluded to the blacks, and
ther outrageous conduct IN this matter, he also meant
TO include. in his deuuncia:ion the conduct of those
whether in high or low places, who, by their speech
their advice induced led on, and nstgated those
deuded creatures to this open violations OF the law
lie hoped that there were any defect in existing
laws, provision would be made by which those who
nsgae. induce, persuade, and lead onthese miserable