The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-03-20
THE MILITARY POWER OF THE RESIDENT

Reports in the Senate on The Message Of the Presi-
dent concerning the Boston Rescue.
1t will be recolected that the President in his
message respecting the Boston rescue, suggested
the proprety of passing an act authorizing him
to call out the militia, for the suppression of in
surrection, without previous proclamation. BY
law passed in 1895, the President is required, be-
fore using military force, to issue proclamation,
for the purpose doubtless of preventing unneces
sary bloodshed To strike without warning, was
deemed repugnant to humanity, entirely out of
character for Government regardful Of the
lives of its citizens This humane policy has had
the sanction of more than half century of ex-
perience, and no inconvenience has resulted from
it. 1t remained for Mr.. Fillmore and his Secre-
tary of State, Mr.. Webster, to suggest that it
imposed too much restraint upon the Federal Ex-
ecutive, and that it would be better to give the
President the power to order out the militia to
shoot down, without notice or warning, their fell
low-ctizens. They claimed in the message that,
as commander-in-chief Of the army and navy of
the United States, he had absolute control over
the land and naval forces could use them in the
suppression of instruction, without previous no
tice and that his constitutional authority in this
respect was not limited or restrained by the act
of 1907, which authorized the President to use
these forces for the same purposes for which he
might call forth the militia, and subject to the
same proclamation" Not satisfied with this,
they wished Congress to put the militia on the
same footing-thereby placing at the absolute
disposal of the President the whole military force
of the country, to be used silently, stealthily,
fatally, without admonition to the citizens of the
impending death.
The claim was extravagant, and the Com
mittee to which the message was referred, ought
to have promptly denied it. The recommend
alton was an outrage, and ought to have been
rebuked. The majority of the Committee, how
ever, contentcd themselves with expressing {" the
opinion that further legislation is not essential to
enable the President to discharge
with fidelity his high constitutional duty to see
that the laws are faithfully executed" Mr.. But
Ter of South Carolina, member of the Commit
tee while agreeing in this conclusion, deemed
it his duty to protest against the claim of the
President, to use the army and navy for the sup
preston of insurrection, without proclamation.
He made report, in which, after quoting the
up, he says:
"The import Of which is that the President
may use the army and navy as he NAV think
proper, under the plentude of his constitutional
authority; and that he is not constrained nv the
act OF 1907 nor can he be restrained BY any act Of
Congress. Being er oGcio commander, he can use
the army in sup ressing instructions in a man
ner different from that In which he is required
to use the militia
"For the specific and sometimes delicate Dur.
poses indicated, think Congress has the direc-
ton of the President. When actually in COM
mand, for repel!ing invasion or for any other
purpose, he must exercise his own judgment, un-
der his constitutional discretion. In one SEN
teace | deny that the President has a right TO
employ the army and navy for suppressine ipsur
rections, &c, without observing the same pre-re-
quisites prescribed for him in calling out the
militia for the same purpose.
His suggestion in his message is that he shall
have right to employ the militia, as he contends
he has right under the Contitution to employ
the regular military force; that is, without no.
tice of a proclamation. do not tlink he has the
right to call out the military force Of the Govern
ment without observing the prerequisites of the
act of 1895; and am unwilling to give him such
power in calling out the militia. would regard
1t as fearfully momentous occasion to see the
army called out to shoot down insurgents with
out notice or proclamation
So should we, though the first victims of such
usurpation Of power were South Carolina multi
fers. We could wish that the Northern men,
bers of the Committee on the Judiciary had had
sense and courage enough to unite with the South
Carolina Senator in this protest against Execu-
tive assumption