The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-12-20
" The act of 1907 ia in these word.


The act of 1907 is in these words: That
in cases of instruction or obstruction to the
laws either of the United States or of any indi.
vidull State or Territory, where il is lawful for
the President of the United States to call forth
the militia for suppressing such instruction, or
causing the laws to be duly executed, it shall be
lawful for him to employ for the same purpose
such part of the land and naval force as shall be
necessary, haping first obQra alt The yrerequi-
sizes Of ihe lao in thai respect
" SO far "a it reg rds the employment of the
army and naval force, the President maintains
that he is subject TO no prerequisites of the act
referred to, but that they are absolutely at his
command for the purpose indicated.
80 The words of the President are Congress,
not pro hably advertng to the difference b tween
the militia and the regular army by the act of
March 3, 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 same proc a.
miatioa. But the power of the President under
the Constitution commander of the army and
navy is general, AMI his duty to see the laws
executed is general and positive and the act of
1907 ought not to be construed as evincing any
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 constitutional
authority, and that he is not restrained by the
act Of 1907, nor can he be restrained by any act
of Congress, Being e,r o6icio commander, he
can use the army in suppressing Instructions in
manner different from that in which he is re-
CURED to use the militia. ..... ~.
For the specific and sometimes delicate pur-
poses indicated, think Congress has the diIrec-
fIln aft h.
mand for repelng invasion, or for any other
purpose, he must exercise his own judgment
under his constitutional discretion In one sen.
tence deny that the President has right to
employ the army and navy for suppressing in
surrectlon, &c, without observing the same pre-
requisites prescribed for him in calling out tho
militia for the same purpose. -.
His suggestion in his essage is, 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 il,
without notice of a proclamation. do not
think he has the right to call out the military
force OF the government without observing the
prerequisites of the act of 1895, and am un-
willing to give him such power ia calling out The
militia. ] would regard it as Il fearfuly mo-
mentous occasion TO see the army called out to
shoot down insurgents without notice or pro.
cla5naton. '.....
The truth is, it mist be regarded as sig.
nificant omen of the times to be told that mar
shall, under his plenary power to call out the
posse coMiatus, cannot exercise constitutional
laws without regard TO force, and that to be
executed with the promptness of executive will
"Justice and the occasion require me to say,
that DO not believe the power contended for
would be abused by the present Executive.
raIa MT f,r "A mills Nd
may be the rod of power for military despot
A. p. BUTLER.
"FEBRUARY 80, 1851" ..... ...
MIR. Blu TIER. Mr.. President this report
did not ma erially differ from the report of the
majority. | have seen it adverted to by the
newspapers, and generally, think, the report
has been approved. If | had been Influenced by
feelings of sectional resentment. | might have
been tempted to yield to the Presidents de-
mands. The import Of mis- message was, that
he shou!d be allowed not only to use the regu
lar army, without proclamation, in putting down
instructions and bodies of m an too formidable
to he overcome by the ordinary posse comi.ufus
of the country, but he required that there should
be al armed militia at the disposal of his mar
shals with bayonets and balls, who should nut
down those formidable bodies or rneu, without
warning them-without having the riot act read
to them at all. | did not agree 10 any sucb
suggestion. recollect that under the influence.
of the highly eloquent appeal which was made
by the honorable senator from Kentucky. lMr
CLAY. not now in his seat this body was pre-
pared for any law, and To adopt almost any sug-
gestion. recollect, however, that what might
ba urged as the precedent Of today, might be
the prescription Of to morrow, and the same
principles which would prevail if his recon-
mendation had been assented to in this case.
might be abused by any military tyrant.
! made no alluson to the precedent as q
means to overcome the liberties and institutions
of the country. say now, that if the fugitive
slave law is TO be enforced by the bayonet-
by an armed posse comRatus, pnt at the disposal
Of the Executive-it is an evidence that it ia n
law which will not be enforced at all. be-
lieve that it will mott believe that il 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 10 carry IL into efec', it is significant
omen, and Indicative of the times. WHY. read
OF these riots and these combinations being de-
nounced "a treason. | di / not believe, at the
time, that they would be construed so as TO
amount 10 treason against the United States.
Whatever might be their real character, such
would not be their complexion in the courts.
The character Of such meetings will depend
more on the testimony Of witnesses than the
truth of facts, and no authority can overcome
such influences. We have grea; many rhetor.
ical declarations in this Senate; and ifthe adj
refreshments which 90 out from here were 10
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 the subject for IL is.nct re-
garded as treason. IL is referred TO the State
courts. What will be the result ? The State
courts take jurisdiction Of this res stance of the
fugitive slave law of an ordinary riot or
murder. Who are to decide upon the crime
jury composed, perhaps, of those who sym
pathize with the person charged. Who is to
award the punishment The Judge Who, per-
haps, entertans the same feelings, and INDUCES
N N cau m syt,p,tI,i,s Tl- t.;k II