Semi-weekly Camden journal. [volume] (Camden, South-Carolina) 1851-1852, 1851-03-14

easily quelled, by the array of npisbors and
lellowcilzens, than by the employment oi IA
traiued aud organized army, whose OIL ly in.
auence would be the employment oi force. An
overwhelming iprcr might be employed in the
first case, whilst the other miy yht only b. strong
cnoug gh to provoke collision, aud end in blood.
Whatever might b. the views of our ancestors,
1t is certain that until 1907 the militia WAS the
oaIy f,rce put ut the disposal of the President
to suppress iilsurrcction.
The act of 1907 is in these words: "1hat,
il cases of insurrection or obstruction 10 the
laws. either OF the United States Or of any in.
dvidnal State or Territory, where it is lawful
for the President of the United States to call
forth the militia for suppressing such insurrrcton
or c3ucusns the laws to be daily executed, it
shall be lawful for him to employ for the same
purpose snch part of the land and naval force
us snail b. necessary, hiri"g first obserred all
Mr prerequisites of The lar IN "hrr respects" :"
So Tar as it regards the employment of the
army and naval force, the President maintains
that ne is subject to no prerequisites OF the act
referred to, but they are absolutely ut his COM
mand lur the purposes Indicated.
The words of tn. President: "Congress, not
probably avertiug to the difference between the
militia and the regular army by the act oi
Marca I'd, lo0S, authorized the President to use
the land and naval lorce of the United States
for tae same purpose for which he might call
forth the militia, aud subject to the same procla.
nation. But the power of the President under
the Constitution, us commander of the army
aud navy, is general aud his duty TO see the
laws eqecuted Is general and posi- i've; aud the
act of iS07 ought not to be construed rs evinc-
ing any disposition in Congress to limit or re-
strain ;,.y of his Constitutional authority" The
import OF which is. that the President may use
the army aud navy as he may think proper, I'm.
der the pieuitude Of his Constitutional author
ity, and that he is not constrained by tue art
OF 1907, nor can he be restraiued by uny act of
Congress. Being er.oGfcio commander, he can
use the army in supprcssiny insurrections in e
Il manner different from that in which he is re.
quired to use the militia.
For the specific and sometimes delicate pur-
poses Indicated, Il think Cougre:s Las the drec.
ton of the President. When actually in
command; for repeHing irivasious or for any 9th.
er purpose he must exercise his own Judgment,
under his Constitutional discretion. In one
sentence, deny that the President has the right
to employ the army and navy for supPresslng
iusurrec ions; &c, without observing the same
pre-. requisites prescribed for him in calling out
'the militia for the same purpose.
His, suggestion in his Message is that he
shall have u right to employ the militia rs he
contends he has a right under the Constitution
to employ the regular military force; that is,
without notice Of n proclamation. do not
think he has right to call out the military force
oftbe government without observing the pre-.
requisites of the act Of 1894; and am unwilling
to give him such power in calling out the mill
tia. would regard it Is fearfully moment.
Gus occasion to see the army called out to shoot
down insurgents without notice or proclalna-
ton.
The truth is, it must be regarded as signi.
licant omen of the times to be told that a mar
shall, under his penary power to call ont the
posse cOminius, cannot execute constitutional
laws without resort to force, aud that to be ex.
ecuted with the promptness of Executive will.
Justice and the occasion requirs me to say
that do not believe the power contended for
would bo abused by the present Executive. -
The precedent for the direction OF mild and
Just President may be the rod Of power for u
military despot. A. +. BUTLER.
February ~, 1851.