The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-11-29

these Senators on rising. 1t was to this effect:
"Mr. President, believe that on this subject the
PRESIDENT Of the United States has done and
is doing his duty" sc. But the message and
documents were referred to the Judiciary Com
mittee, Of which Mr.. BUTLER, of South Caro-
lima, was chairman, and majority Of which
were not of the PRESIDENTS party. Did they
indulge in censures like Mr. RENoHER? Far
from it. The chairman brought in report
containing no word Of censure and concluding
with a compliment as deserved by the PREsI
DENT as it was candid and honorable in the
author
In its entire course of action connected with
theexecution of this law, the Administration has
uniformly pursued the course plainly laid down
in the instructions to Commodore READ, and
which have been in substance repeated to other
officers whenever occasion required. In every
instance the practice has been to require the civil
officers to do their duty, by the ordinary means
of the law, if possible. Marshals have as much
right to the aid Of citizens to enable them to per
form their duties as sherifs have to the posse of
their several counties. Where the marshal
can succeed with this, it is his duty to employ
it only. But the order referred to allows
the marshal to Judge when the military
force of the United States is necessary, and to-
obtain it in that event. And if mobs have &C
casionally overpowered the civil force and
rescued prisoners, it has been owing, not to
the fault Of the PRESIDENT in having withheld
aid which had been invoked, but because the
civil officers had not provided sufficient
power to prevent surprise and rescue. The
President cannot and does not possess know
ledge of individual cases of arrest before they
occur He, however, holds the marshal respon-
sible for the manner in which his duties
are discharged, in addition to his liability
under the. law to make good to the own
er of the slave his full value if he has
power to arrest him, and fails or if after arrest
ing, he suffers him to escape, even by over
powering force, unless it be the force Of a pub
lie enemy.
This is not only the legal and proper course,
but it has not been without good effects. Even
in the case of Sims, at Boston, no soldier OF the
United States was called in. The military
was composed wholly Of the militia of the city,
II might be agreeable to some perhaps to see
the great military power with which the
PRESIDENT is invested brandished more fire.
quently over the people of the States North and
South; but it is 10 be borne in mind that
such course would supersede all necessity
for energy, courage, or responsibility In Federal
officers, or loyalty to the Union among the peo-
pie, and assign the patriotic service of support
ing and sustaining the execution of the laws to
standing army. While the PRESIDENT would
avoid such consequence, he nevertheless au-
thorzes a resort to this power, whenever and
wherever community shall be SO faithless to
their obligations as citizens that sufficient
posse cannot be raised for the execution Of the
process of the law; and he has placed it in the
hands OF the ministerial officer to be used in
every such case.
We have gone into these details, not because
we believe Mr.. RENcHER's unjust representa-
tions and anmadversions can have any inju-
rious effect on the PRESIDENT among candid
men in the South, but because we desire to put
on record fair statement of facts relating to
matters with which the whole country is con-
cerned. Happily, men of all parties acknow-
ledge the fidelity and energy with which the
PRESIDENT has fulfilled his high trust in the
execution of the law, without leaving behind
him the pernicious example Of assuming and
exercising unconstitutional or unlawful means
The following are the documents to which
we have referred:
NAVY DEPARTMENT,
w ARLINGTON. October 2S 1880