The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-12-19

The act OF 1907 10 III these words That
In cases OF Instruction or obstruction to the
laws either of the United States or Of any indi-
vidual State or Territory, where it is lawful for
the President Of the United States to call forth
the militia for suppressing such insurrection, or
causing the laws to be duly executed, il shall be
lawful for him to employ for the same purpose
such part OF the land and naval force as shall be
necessary, haoing yGrst Observed all HE prerequi-
sues 81 me lao IA hai respect
30 lar as ~ reg rds the employment of the
army and naval force, the President maintains
mat he Is subject to no prerequisites of the act
referred to, but that they are absolutely at hi,
command for the purpose Indicated.
The words of the President are Conoress
not pro badly adyerting to the difference b tween
the militia and the regular army by the act OF
March s. 1907, authorized the President to use
the land and naval forces Of the United States
FOR The same purposes for which he might call
forth the militia and subject 10 The SANE groclo-
nation. But the power of the President under
The Constitution AS commander Of the army and
navy Is general, and his duty to see the Laws
executed Is general and positive; and the act of
1907 ought not to be construed as evncino.anv
DISPOSE ION IN Congress TO limit or restrain any
OF his constitutional authority
he import Of which is, that the President
may use the army and navy as he NAV think
proper under the plenitude of his c0nstitntion,I
authority, and that he is not restrained nv tho
act of 1907, nor can he be restrained by anv act
OF Congress Being ca oBicio commander. he
can use the army IN snppressing insurrections in
manner different from that in which he is ra.
CURED to use the militia.
:" For the specific and sometimes delicate mr..
poses indicated, think Congress has the drec.
ton of the President. When actually in com.
mand for repeng invasion, or for any other
purpose, ie must exercise his own Judgment
under his constitutional discretion In one sen.
tence deny that the President has a RIGHT to
employ the army and navy for suppressing in.
surrectlon, &c, without observing the same pre-.
requisites prescribed for him in calling out tbe
militia for the same purpose
His suggestion in his message il. that he
shall have right to employ the militia, as he
contends he has right under the Constitution
to employ the regular military force-that is.
without notice OF proclamation. do not
thlnk he has the right to call out the military
force OF the government without observing the
prerequisites of the act Of 1875, and am un.
willing to give him such power IT, calling out IN.
! militia. world regard it as fearfully mo.
mentous occasion TO see the army called out TO
shoot down insurgents without notice or pro.
clalnaton.
+" The truth is, it must be regarded as a sio-
nllleant omen OF the times to be told that mar.
shai, under his plenary power to call out the
posse comHdfus, cannot exercise constitutional
laws without regard 10 force and that to be
executed with the promptness of executive will
Justice and the occasion require me to saw.
that DO not believe the power contended for
would be abused by the present Executive
The precedent for mild and just President
may be the rod of power for n military despot
A. p. BUTLER
FEBRUARY %, 1851"
MIR. Blu TLER. Mr. President, this report
did not ma erially differ from the report of the
majority. | have it adverted to by the
newspapers, and generally, | think, the report
has been approved. If l had been influenced bv
feelings of sectional resentment might have
been tempted to yield to the Presidents de-
mands. The import of his message was. that
he should be allowed not only to use the reeu-
lar army, without proclamation, in putting down
instructions and tpdies of men too formidable
to be overcome by the ordinary posse comiiatus
of the country, but he required that there should
be an armed militia at the disposal of his mar.
shas, with bayonets and balls, who should pnt
down those formidable bodies of men, without
warning them-without having the riot act read
to them at all did not agree to any sucb
suggestion. ] recollect that under the influence
OF the highly eloquent appeal which was made
by the honorable senator from Kentucky. GMr
CLAY, not now in his seat, this body was pre-.
pared for any law, and to adopt almost any sup.
gesion. reeollect, however, that what MIGHT
be urged as the precedent of today, might be-
the prescription of to morrow and the same
principles which would prevail if his recon.
mendaton had been assented to in this case.
might be abused by any military tyrant
| do all, Al.
means to overcome the liberties and institutions
of the country. 4 say now, that if the fugitive
slave law is to be enforced by the bayonet-
by an armed posse comitatus, put at the disposal
OF the ExecuIive-it is evidence that it is a
law which will not be enforced at all be-
lieve that 1t will not-l believe that it has not
been enforced. And in this republic, when il
is necessary that the bayonet should be used in
stead of voluntary submission to the dominion
of the law by the citizens themselves, or by the
ordinary force which can be evoked on the oc-
casion TO carry it into effect, it is significant
omen, and indicative of the times Why, | read
of these riots and these combinations being de-
nounced as treason. ] did not believe. Mt the
time, that they would be construed so as to
amount TO treason against the United States
Whatever might be their real character. such
would not be their complexion in the courts.
more on the testimony of witnesses than the
truth of facts, and no authority can overcome
such influences. We have great many rhetor-
ical declarations in this Senate; and fthe adj
refreshments which go out from here were TO
Indicate anything like the truth, there would be
very little difficulty in carrying out the pro-
visions of the Constitution. But the Constitu
ton is dead letter. United States courts have
no jurisdiction over the subject, for il is not re-
garded as treason. 1t is referred TO the State
courts What will be the result The State
courts take Jurisdiction of this resistance of the
fugitive slave law as of an ordinary riot or
murder. Who are to decide upon the crime
jury composed, perhaps, of those who SYM
pathze with the person charged Who IL to
award the punishment The Judge who, per-
haps, entertans the same feelings and INDUCES
IN the ga ne sympathies. Or, a tribunal could
be found-which never expect to see-stern
enough, in defiance of public opinion, to do JUS
tce, under the sanction of an oath 70 .bo alI;-