Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25

copus from federal court, then II i the duty OF me
marshal to report that fact To inc supreme oont VI .'
preme Court of the United States 10 call upon the ftcs
dent TO execute this law Of the United States which he
bound TO execute by the military power g! The United
States lie must execute the Ia" ami ii Is 10 case
for Virginia 10 nlerposc
MIR. WISE. The gentleman has misunderstood me
entirely in the application Of the argument do mol
nut that it is for Virginia 10 n'crH"sc. but |
pu case where, by virtue Of this discretionary pocf
vested in him. the governor of Virginia niiat ec:iirc
that the march of the United States forces through her
limits would be an invasion of the territory If rgia.
What is 10 limit the discretion oi tic governor III DC
cidn; shat is INVASION That j., n;ai d"sI.e and 10
that call the attention Of The gentleman ifoIi M
naw'a
Mr. EDMUNDS | was following tine case winch
the gentleman put through every phase oil It, So lar .,
the State is concerned which has imprisoned the citize
of Virginia lie is under the protection OF the a"s ana
constitution of the United States. nc gentleman sup
poses that tie marshall in attempting 10 execute tie
order of the United States ccic AID release tie cIil-
z, or VIRGINIA thus imprisoncl i resisted by the State
authorities, and that he President oil Tie it!led saie'
is then called T::ca execute The y" ~" '''e ',.
the process of that court ard that 10: ii ;"!",. y
may be necessary 10 march Tie army ~ .ic Tilted
S,tcs throle the territory of New York. '.cii STATE
then calls out i-r militia. This j. the 90, ?p"sec.
Now in slc cast, for what pifP'.t WOMB 80" eoi"
call on, her militia: Would it bc because h.r inh;c
safety required il: No, and wherefore ''c a'"''c sue
call them out: -.
Mr. WISE | will tell tic gcn'!thai: lie govern
or Of New York may call them ca r: pr:sfcis ioe
reason which il i dreaded the governor 81 'Hs'.ia W
an opposite may call OF; tie militia ~ ''2''a 70
prevent free soil State from ci ceA.'tHso 10 "''e
Inc laws Of The Union The governor % 20" .orh
ni,,d symrah>e 50 far with c governor ana icsisa-
t,re OF Vermont, 50 far 10 AID hc; ~ resisting "o
,xecuiion Of the laws Of The uncI' That = the reason
v !ch appre,cad might induce the ''c':"" !" -"N'.'-
or Of the north and on the o.hcr hand cab imagine
r # tla pItth
vent southern State from being compelled 10 cbcy me
law .
Mr.. EDMUNDS. The case prc>cnlc, |, one ol 4
clear conflict between the authorities o, lie STATE OIL
Ncy York and the authority OF Tic genera! S"'tsnnc"
Tn: government is marching is ierces through 49,
York and New York sympathi,ins with HE Sia' when
holds citizen of Virginia in cl>iod. contrary I" III"
!a., and constitution OF the United Stac- H. governor
;crnoScs arrest the mafr ~ tie !ortcs "i t'c nj
irI S,aics through il: territory That i tie case sup
posed ami for what purpose does the governor "s New
York do this, Merely because e ympa!scs "i;'i The
government of The other State. can cniy say ia!
when tina, case does actually ;h;> conlcdcracy
will be nj an end. Whenever the case arises that
STATE government refuses 10 ALLOW the maf.tai 81 lie
United States 10 execute the law. aud the President oi
the United States undertakes 10 march Tie force Of ''
| nlcd States 10 the assistance u the marshal "a The
execution Of the iaw. and the passage 81 thai di.i,
through this State is prohibited ~ the governor" -
:.ina. aud liz calls ou The militia Tor tie @po,.' If 20
conflict between or State anhosiic, aud he general
government
Nr. WISE That i. what desire l. prevent.
Mr. EnNIuNDS. Aud are wc TO provide here for
sach that: really think il = ease which
ought not 10 be supposed. Should Sou;l Carolina nu
lly the law and the President OF a Iu;!cd States li
iertakc TO execute the Law wihin her limit. and he
troops Of the United States b. ordered there 10 aid III
their execution, i, the public safety Of Virginia en-
!aigercd thereby; Is the governor OF Virginia under
A. IL, I,i.t
lain authorized 10 call out the militia h.ra," the
President Of the United State. . ordered The forces y
South Carolina: Ii The public safety Of Virginia re
l'iirc, it, then lie may call them ont. h'; o." viii
suppose that III the case referred The public safety c;
Virginia will require the calling on. OF the militia. and
therefore nc would not liz authorized 10 do under Ia"
constitution in any such emergency. lic ''n"lr
safety of Virginia and The public safety ci South Ca
rona, or of any northern Stale, distinct ana scrar
ltc questions aud the power 10 cmboly the militia
when the "pubc safety" Of Virginia requires il. DOES
lot carry with it any discretionary right TO interfere
,ctwccn the general government and any other State.
That, think, is an answer to the gentleman
Mr. JACOB In The present state ol The qa. s,ioa !
prefer To withdraw ny amendment and lei he question
De frs; OH the motion 10 >irlas nnt.
The CHAIR stated the question 10 Dc oil tho motion
II Mr. SMITH of kanlwha
Mr. HUNTER. regret tia. my lrrn! from Ohio
MIR. JAcoBl has withdrawn his amendment t. the I
aud rise ("r the purpose c renewing IT ~
= he amendment and ask the Indulgence Of ;ia corr.
llttcc to submit word or two in relation to i:
Mr.. TAYLOR. Allow Ele IL A.: aque :na mat
uf order. Suppose The i, idmen which TIE ..ii!c
from Jefferson, (Mr llUNrLEl proposes r. "'isr Is
,'.tca il not competent still 10 ak division .! IL.
llesv', and will not the question i:at c,Ie ~ 81
striking out.
The CHAIR. II is ii, amendment t. an amendment /
mi the question will h. frs, upon the amendment /
Mr. HUNTER The amendment | ,roio,. /. this: 1
% strike out the word "enimdy AMI tn" M"l.! 'wlg;,
II his opinion, the public safety shall requr it. auI
insert the words that viii make the paragraph rea,'
luis: (
Il He shall have power to call out a,,i c.n!.,y tie
militia in such case. as ,.ay be authorized Is law
The object Of that is to present 10 the cun.iica
II tlc committee the question: whether il le H.: better
to c,iic the whole subject If defining the cyi1pi.l"
II la. c;,-cs ia which the governor i>
,cui.c power Of employing The militia. t., III" !"gie n
.rc AMI to attempt it in the oreaic laN al the
land Aly impression i, that this subject Is oI -"
most ,ni.rai, and most dangerous that ha- ct e::'-
poycd the attention of this Convention be- !cavc 10
advert for a moment II remark made by The gentle /
man from Norfolk, (Mr. 1AYLoR) that ii Wa sufficient
TO Justify us in retaining this provision III c con-i; /
tuition, that We had not, from past experience IN i-
Commonwealth found any evils resulting 'front.'; Nav, /
in regard TO this matter. say this that in nv humble
judgment, we are likely 10 commit !: srca, nn;
only upon this, but upon many other subcc,. br this
mode of looking backwar. too m,ich-if ] niaY Use Il
lomcly cxprcsslof-t!:s wearing eyes in the back
Of our heads too much. | am not for d>cardng the
lessons Of history. Of cxperctcc--vcry far fran it
but in this progressive age, when wc are Row engaged
in the great experiment Of selfsovcrninent aud have
reached point that is full of interest if not Of dancer.
il strikes me that il will b. far more proper and fr bet
ter while listening TO the lessons that are au; ~
history and by past experience, that We lock forward
what is before us. And in this view IN my humble !
Judgment, the investing the governor with iis wise
discretionary power upon the subject Of calling Out tie
militia and welding tine Hararm. there i nlcl. da,.
ger. /
Now lest / forget it, let answer the inquiry pro.
pounded by the gentleman from Halifax (AIr EpNuy p,
IL regard TO the exercise Of this power by t governor
in the ordinary that arise out Of til. necessity al
enforcing the DEGREES OF the courts. II true that c
ordinary mode known TO Us all is that when the sheriff
With his posse finds difficulties nterpoScd in hi, way in
executing the precepts of tho court he must then call
upon the execu.ive-and there must be Il power SOME
where, and it is likely to be abused by the executive
then to call out this power as it is termcl-tlo militia.
in other words-to enforce the dacrccs of the
If any one will take the trouble to iook ut the filth
sixth volumes Of Munfords reports they will iiud
case reported which cxcrtcd great interest !,o ,
the celebrated Of Hunter Furiy i, which ;iccc
facts are presented: 1t l6;I case and was ~