Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1851-03-13

insurgents TO dis sperse, and retire peace
ably 10 their respective abodes, within
limited time. These words are broad
enough 10 require proclamation in all
cases where militia are called out under
that act, whether TO repel invasion or
suppress an insurrection, or to aid in
executing the laws. This section has
consequently created some doubt
whether the militia could be called
forth to aid 10 executing the laws
without previous proclamation. But
yet the proclamation seems to be in
words directed only against insurgents,
and 10 require them to dispersa, thereby
implying, not only an insurrGction, but
an organised, or at least an embodied
force. Such proclamation in aid of the
civil authority would often defeat the
whole object by giving such notice to
persons intended to be arrested that
they would be enabled TO fly or secreie
lhemscvcs. The force may be wanted
sometimes TO make the arrest. and also
sometimes 10 protect the officer after
! it is made, and to prevent rescue.
would therefore suggest that the sec.
ton be modiiad by declaring that
nothing therein contained shall be con
strued TO require any previous procla-
nation, when the militia G:a called
forth either TO repel invasion, to exc.
cute the laws, or suppress combinG-
iions against them; and that the Pres
idcnt 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 or suppress.
ing such combinations; and while SO
employed, they shall be paid by and
subsisted at the expense Of the United
States.
Congress, not probably advor'ing to
the difference between the militia and
the regular army, by the act Of March
8, 1907, authorized the President to use
the land aud naval forces ofthc United
States for the same purposes for which
lie might call forth the militia, and sub.
jcct the same proclamation. But the
power of the President under the con
sltution, as commander Of the army
and navy, is general; and his duty 10 see
the laws faithfully executed is general
and positive; and the act Of 1907 ought
no, 10 be construed as evincing any
J disposition in Congress to limit or re.
strain the constitutional au,hori'y.-
!, For greater certainty, however, il
may be well that Congress should
, modify or explain this act in regard to
7 its provisions for the employment Of lhC
! army and navy Of the Z. States, a!
. well as that in regard to calling torti
r the militia. is supposed not 10 b'
. doubtful, that all ciriz ms, whethc. en-
D rolled in the militia or not may lie SUM
. moned as members Of the posse comita
} tus, either by the martial or q Commits
5 sioner, according TO law: ana that it i.
their duty TO obey such summons.-
{ Bu, perhaps it may bc doubted whclhc
e marshal or commissioner can sum
j mon as the posse comitalus an organ
!, ized militia force, acting under its ap
8 propriate officers, without the coDsen
y Of such officers. This point may dc
! serve the consideration of Congress.
l : use lHIS wv 'S1Os4 " ~ JSAN N'IC hS
}. surance that, so far as depends on mC
!. the laws shall be faithfully executed
IS and all forcibic opposition to them SUP
d pressed; and to this end am prepare
10 exercise, whenever il may becom
c necessary, the power constitutional!
e vested in me 10 the fullest extent.
J. am fully persuaded that the great mi
II ority of the people of this countr
= are warmly and strongly attached I
'e the Constitution, the preservation {
ID the Union, the just support Of the 20
Ie ernment and the maintenance Of 4
N authority Of law. ! am persuade
e that their earnest wishes and Tie liz
So Of my constitutional duty entirely co
or cur; and | doubt not frmness, moder
le ton and prudence, strengthened al
C animated by the general opinion of Il
m people, will prevent the repetition
ID occurrences disturbing the public pee
ID and reProbated by all good men.
e, MILLARD FILLMORE.