New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-22

DrAG
that tne m, nxecnted. and that he SHAH De W,
be ia'pl.eS h;af az the Army and Navy OF Ine
manoe and of the States, when called laIo
Cni1e. ssrvice Of the United states. ana SuN.
me shsll have power TO provide lor Is's
Con6 ~ rnilitia TO execute the laws OF the To-,
p~nre,s instruction and repei Wa,, are NV
svPPn;t snnears that the Army ana Navy "S' ~
vnlcrn .,;,ptiop. placed under the control OF tue
the 0ons I'D nrobably, no Legislation oil Jon
ExecutSI IA 10 or diminish The power tnus
gIe's IN, nv increasing or diminishins' UT ~
srsS Altogether the Army ana navy pL m nv
the militia The President canno. ~. OSII ~
80 militia into service, even " ,"..,' IF scts
OF icPo. nsssed for that purpose pu'
oil Oonsle' ;li,;s are called into service IN
wpen .ne DSv,n,r,escribed by law, the Consttu'
the maui. o;vn, the command TO the Pendent
tOs IN this principle, Congress- oy Tue a's ~
~ 5etb 1895, authorized the fresiaehs " 80,
for,h the militia to rePel INVASION anu Ppod n
.Ols i w. against State Government Aur ~
Combination against the laws OF tne OhI
suPP'.ss and cause the laws 10 be iaitniuny eA-
t eo Snt the act proceeds 20 declare that Wneh
800 nav be necessary In the Judgment o. 'uo
President Co use the military force tne,eSy ~
edtobe called FORTH the Pre- sdent snan Ioi y. az"
nv PROCLAMATION, command sucn insurgents W
~ 90 ratre peacefully to their respective
PSnSos within a limited time These words are
I.osS enough 70 require q proclamation 10 All
r.ses where the militia are called out unueI 'ua'
,,ha,her IN repel invasion or suppress lnsor-
-ection or 10 aid in executing tee laws; Anls SCI
fion has consequently some oooot whesneI .ue
militia could be called forth In executing Tue
without proclamation out $es Tue
$3.50 % ba in words directed only against lnsar-
49,. md N require them to dsperse, theroy I'M
St-;~o not only an insunection but an organized
r. ~ least an embodied force. Such proclama-
.ion in aid of the civil authority would often ue
feat the whole object by giving sucn NOTES ~
Dersons intended to be arrested tnat tney "o Jul
be enabled to fly or secrete themselves. lne
force NAV be wanted sometimes to make the ar
rest and Also. sometimes to protect the officer
after IL is made and 70 prevent rescue. lwould,
therefore suggest that this section be modified,
bv declaring that nothing therein contained shau
be construed to require any previous proclama'
zion when the Militia are called forth, either 70
Tepel INVASION to execute the laws or 70 suppress
combination against them, and that the President
NAV make such call and place such Militia
under the control of any civil officer of the United
States, 20 aid him in executing the law or sup
messing such combinations, and while so en-
ployed, they shall be paid by and subsisted at the
exnense of the United States Congress not
probably adverting TO the difference between the
Militia and the Regular Army by the act of March
3 1907, authorizing the President to use the Land
and Naval force of the United States for
the same purposes for which he might call forth
the Militia and subject to the same proclamation
But the power of the President under the Con-
sttution as Commander of the Army and Navy Is
general, and his duty to see the Jaws faithfully
executed is general, and positive, and the act OF
lsO7 ought not to be construed as evlnclng any
disposition OF Congress to limit restrain this Con
StitutiOnal authority. 1t may be wellthat Congress
Ebould modify explain this act IN regard to It's
provisions for the employment OF her Army and
NAVY of the United States, as well as that in re-
III. or$b fha q
not TO be doubtful that all citizens, whether
enrolled in the Militia or not, may be summoned
as members Of the Posse Comltatus, either by the
Marshal or q Commissioner according to law, and
that it is their duty to obey such summons, but
perhaps it may be doubted whether the Marshal
or aConmissioner can summon as the Posse Uom-
itatus, an organized militia force, acting under
its own appropriate officers, without the consent
of such officers. This point may deserve the con-
sideration Of Congress. l use the occasion to
repeat the assurance, that, so far as depends on
me, the laws shall be faithfully executed, and all
forcible opposition to them suppressed, and, TO
ahis end / am prepared to exercise, whenever it
may become necessary, the power Constitution
ally invested in me, to the fullest extent. L am
fully persuaded that the great majority Of the peo-
pie Of this country are warmly and strongly at
fsched 10 the Constitution the preservation OF the
Union, the support Of the Government, and the
maintenance of law. l am persuaded that their
earnest wishes and the line of my CONSTITUTIONAL
duty concur; and, doubt not, frmness, modera'
Zion and prudence strengthened and animated oy
Che general opinion of the people, will prevent tue
repetition of occurrences disturbing the puohc
peace, and reprobated by a good n men GILMORE
Mr.. CLAY had listened with great pleasure to
the Message Its general tone and firm reso'
fulton to execute the laws will be satisfactory TO
every one. He regretted the message did not
saw the Marshal had been dismissed, but ne nad
reason to believe the President is submitting the
conduct Of the Marshal TO a scrutiny which VIII
end in dismissal. He had been gratihed TO wit.
ness the general execution Of this law IL had
been executed in Indiana under peculiar difficult
circumstances 1.-THE surrender OF the white iugl-
tiyesl also in Ohio in repeated instances. 1t was
executed in Pennsylvania In its capitol ana az
philadelphia. 1t was executed also Ia the great
metropolis of the Union, New York. 1t had been
everywhere except in Boston, where 1t bad failed
on two occasions. When the first failure &C.
CURED, be looked with anxiety to the next case
In order TO see il the law would or would not be
executed, and was greatly surprised to hear that
Abe law had been resisted by a lawess mob who
entered the Court House and rescued from the
officers Of Justice, a person legally in their Gus
aody When he had made allusion to the blacks,
and their outrageous conduct In this matter
he likewise meant to include In his denun-
citation the conduct Of those, whether in high
or low places, who by their speech and advice,
induced, led on and instigated those poor. de
luded creatures to this open violation of the law.
He expressed the hope that if there were defects
in the existing law, provision be made by which
those who instigate, induce, persuade and lead on
shese miserable wretches 70 such acts of viola
zion will be brought to combine punishment. he
gave to the suggestions of the President his ear
nest support and moved that the message be re
ferred TO the Committee on the Judiciary
Mr. HALE said he was glad the message haC
been sent in, if for no other reason, because il
showed that the President felt bis Administrator
had made itself ridiculous by issuing the Procla
nation, ard the document Just read was nothing
more than the labored essay to prove that the
Proclamation was necessary. The idea Of tn,
great Republic Of the United States calling on it
army and navy to assemble and hold themselves