The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-09-01

of mere personal liberty, but of being retained in
| foreign service for purposes Of enmisy against
another people, satisfaction will be demanded and
the State to which they belong cannot connive at
| their conduct without hazarding rupture. The
evidence of culpable intention 10 perhaps not so
ttcult your excellency imagines; u is at least
familiar inquiry in penal prosecutions, and ought
not to be objection to your interference on this
occasion. But here suffer me To repeat, that the
President wishes you TO do nothing more than the
1 la ws themselves permit. Let them have their free
course by such instructions you may think ade-
Iuate and advisable, and trust they will prove
competent to rescue the United States from pain
ful alteration with foreign sovereign
AS these unlawful assemblages Of military force
may assume various torms, Congress have not been
annindful that the civil arm may sometimes be
unequal TO the task Of sustaining civil authority
They have, therefore, by act OF May the I'd. 1892,
conferred on the Inarshals and their deputies the
came power, in executing the laws Of the United
States sheris and their deputies in the several
States have BY law in executing the laws Of their
or the President, in OF invasion, TO call forh
militia. issue hs orders for that purpose to
such officer of the militia as he shall think proper
They have empowered him TO call forth the militia
If State for the suppression Ct insure ction
| in another under certain ciro unlstances; and 10
subdue, by the militia, any combination against
the laws which may be too powerful for ordinary
judicial proceedings.
Thus lar have addressed your excellency upon
the constitutional aud legal rights Of the Govern
| ment, which perhaps are In strictness the only
| it may not be known that the navigation of the
Mississippi has occupied the earliest labors Of the
Executive, and has been pursued with an unre-
mitted sincerity, will lay before you such sketch
of the pending negotiation may be communi-
Gated consistently with the respect due to the ma
tion in treaty with US, and the rules observed In
such cases.
The primary subject in the Instructions to Mr.
Carmichael, who has resided for a considerable
time at Madrid, as Charge d 'Ahaires Of the United
States, has been to throw open to your commerce
- In pnRbc
il was verbally communicated TO the Secretary Of
State by one of the Commissioners OF Spain here,
that his Catholic Majesty, apprised Of our sohci-
tude to have some arrangements made respecting
our free navi CATION of the Missssippi and the
of port thereon, ready to enter INTO treaty
at Madrid. And great indeed was that soiicitude.
For although THE overture not, as to the place.
what might have been desired, yet was 1t attended
to without delay, and accepted.
As proof of the interest taken by the Govern
ment on this subject, might mention, that not
only was Mr.. Carmichael. who had acquired an ac-
quaintance with persons and circumstances in
SPAIN made a member Of the commission, but
Mr. Short added, as being more particularly
informed of the navigation to be treated OF.
Instructions comprehensive, acc urae, and forci-
BILE, were prepared by my predecessor; and IL at
this stage of the business itwerc proper to develop
them to public view, should expect With certain
ty that those who are the most ardent for the main
object would pronounce that the Executive has
been deficient neither in vigilance nor exertiuns.
For many months have our Commissioners been
employed IN this important aIialr at luiaurtu. hs
this moment they probably 80 employed. The
delays which forms may have created ; the events
of Europe; and other considerations which at this
season cannot, with propriety, be detailed, dictate
a peaceabe expectation Of the result W
Let this communication, then, be received, cir,
as warning against the dangers to which these
unauthorized schemes OF war may expose the
United States, and particularly the State OF ken-
lucky Let not unfound.d su5picions OF atardi2
ness in Government prompt individuals TO rasn
efforts, in which they cannot be countenanced,
which may thwart any favorable advances OF their
cause and which, by sezing the dIrection OF the
military force, must be repressed by law, or they
| will terminate in anarchy Under Whatsoever
pices of foreign agent these connections were az
first raised the present minister plenipotenary of
the French republic has publicly disavowed and
recalled the commissions which have been granted.
| Icannot, therefore, doubt that, when your excel
ency shall revise this subject you will come to the
conclusion that ttheresentmcnts which you professa
private man, a friend to liberty, an American cit-
zen and an inhabitant OF the western waters ought
not 70 interfere with your duty Governor OF Ken
tucky and that, ON the other hand, the contcm-
nIaton of those several characters under which you
have considered yourself ought to produce q COM
pliauce with those measures which the President
of the United States has consigned to your discre-
ton and execution.
have the honor, sir, to be, with respect, sir yourr
excellency's most obedient servant.
fCopy.9 EDM RANDOLPH.
His excellency the GOVERNOR of Kentucky.
True copy;
GEO. TAYLOR, jr., Chief Clerk in
Department of State.