Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1851-03-20
From the Augusta Constitutionalist.
a Military Despotism.

a Military DeSpotlsm.
The bold position is assumed by his Acci
dcncy, President Fillmore, that he is veste,
by the Constitution with sole and suprem
command of the Army and Navy, and that h
is not restrained by any act of Congress, no
has it authority to restrain him in the use
them for the enforcement of the laws. In hi
message to the Senate, in reference to TN
Boston mob, the President asserts that tn
act of l707 contains an unconstitutional re
striction on his power, and he desired to b.
relieved by an express enactment, from th;,
restriction. Previous to that act, the Presi
dent had no lcgistivc authority to call out th'
Army and Navy to put down instructions
mobs, and combinations against the laws
The act of 1895 authorized his calling on
the militia oniy for that purpose, he first issu
ing proclamation as Il warning to those il
revolt. The act of 1907, gave him the addi
tional authority to call out the Army anc
Navy also, "haring first oJserrcd all The pre-
requisites Of the Inc IN other respects"
The Senate did not take any action on this
question The majority of the Committee
on the Judiciary reported that no further
legislation WAS necessary to enable the IRE
sdcnt to discharge his executive duty.
Mr.. Butler, we arc pleased to observe, Of
fcred minority report, in which this propos-
cd stride of the President TO absolute militia
ry power, is thus poiniedly protested against:
$50 far as it regards the employment of
the army and naval force, the President main
tains that he is subject to 10 prerequisites of
the act referred to, but they are absolutely at
his command for the purpose indicated.
sThe words Of the President are: Con-
crcss, not probably advering to the differ
ence between the militia and the regupr army
by the act of March Sd, 1907, authorized the
President to use the land and naval force of
the United States for the same purpose for
which he might call forth the militia, and
subject to the same proclamation. But the
power of the President under the cons,itu-
tion, as commander Of the army and navy, is
general, and his duty to see the laws cxccu-
ted is general and positive; and the act Of
1907 ought not to be construed as evincing
any disposition in Congress to limit or re-
strain any of his constitutional authority. "
The import of which is, that the President
may use the army and navy as he may think
proper, under the plenitude of his constitu-
tional authority: and that he is not con-
strained by the act of 1907, nor can he be
restrained by any act of Congress. Being
&c oGicio commander, he can use the army in
Suppressing instructions in 4 manner differ
cnt from that in which he is required to use
the militia.
=" For the specific and sometimes delicate
purposes indicated, think Congress has the
direction of the President When actually
in command, for repelIng invasion or for any
other purpose, he must exercise his own
Judgment, under his constitutional discretion.
In one sentence, deny that the President has
Il right to employ the army and navy for sup.
pressing instructions, &c, without observ-
ing the same prerequisites prescribed for
him in calling out the militia for the same
purpose.
His suggestion in his message is, that hc
shall have 4 right to employ the militia, as hei
contends he has right under the constitu-
tion to employ the regular military force; that
is, without notice OF 4 proclamation. dol
not think he has the right to call out IT,
military force, of the Government withor
observing the prerequisites of the act o.
1875: and I am unwilling to give him sucl.
power in calling out the militia. Iwould rp
gard it rs fearfully momentous occasion
see the army called out to shoot down insu
gents, without notice or proclamation. 4
"The truth is, it must be regarded as Il;
significant omen of the times TO be told that
marshal, under the plenary power to call
out the posse comitatus, cannot execute con-
stitutioeal laws without resort to force, and
that to be executed with the promptncss of
the Executive will"
tits indeed, "a significant omen," when the
fugitivc-slaye law cannot be executed among
the people of the non-slaveholding States
without armiscs and navics. and not even
then, if the people can get notification by
proclamation Of such an intention.
If the President he clothed with absolute
power. or his authority recognized TO be
above the Jurisdiction Of Congress, the South
will be the first made 10 feel the weight of
lis arm.
Anti-slavcry Presidents. such as Millard
Fillmore, who are hereafter destined, in ALL
probability, to be the sole occupants of that
station, would feel employed in Il more con
genial duty, in marching down upon the
Southern people, than in enforcing laws upon
Boston mobs, with whose aut-sayery senti.
ments they synlpathize.
CHRISTIANS SENTENCED TO DEATH.-Ac-
counts from Madagascar state that in June
last, eight thousand Christians, who had rs.
sembled at Imirena for worship, were arrested
by order of the Queen and condemned to