Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-02-25
I. TAX. it 4. the first hopto repe invasion. Forsss

INVASION nav come in ships from tie ocean, ana "ne
av. al assurance that there - A.: inEasion ootus
upon the country. why this authorizes The GoFeInc.
to prepare for il 10 be ready 10. that in' JASON soi
is with Instruction. We want 20 resist iEs'if!e.tio,
the very moment ii commences, ana NOT 70 y" 81 u".
it definite icra tia. ;Eerc can DC 10 que,
ton o.. the fact. Therefore, Tor these Eea'ohs'
the gentleman and aim pIec-.i ihc sane opjes'
resy think that tie words which FAVE iseo y. the
a!ncudmen; which Lave offered. are better caicG'ateu
- produce the desired object hsn ;Lese "h'o He 10
:. comments.
.!r WISE II the gentleman viii ,l.ow me. VII,
cite ,.r aasuac. Of the constitution Of ;:c me.
S:atcs II the Clerk -, i; u: ham. 81 any rate tnnh
have I,e,! tie substance ii the language OF that IN
srumcnt II in=urrcct!on or invasion has actually
commenced i i actt:ai invasion OF asurrcciion.
! iir. SMITH. gr kana.sha The ships might &c en-,
icring the capcs and ready 10 ard upon US hr S''ua
have Tie power 10 .acct them and drive them OUT
| Air WISE The capes arc within the ,uT's''cuo"
0! the Stale.
! Mr. SMITH. Of Kanawaa. suppose thcv hn'e nv, ~
vet landed that .!.er are the ocee'i LINN
would be better 10 lei The Governor so that lar' XIII
meet them 4 little out Of the caTes II necessary
| Mr. TAYLOR. was about to :av aud thro" ~. 49,
the suggestion with diiidcace that Il occurs 10 me- NC
whenever proposition made TO amend The report y,
any committee. il might lie good rule 70 adop'', ~:
matter OF courtesy may say. Of right, that me oha.
man of the committee making the report 'noud elthe,
adopt answer the proposition thus made IN tha' ~
was ready yield the floor to the chairman OF .ne
:
over some OF nv friends There is officer VINO Is
to be- elected by the people, and gentlemen who are 80
onyious for that election by the people. arc reai'.
alarmed at this power proposed to the "ofeInoi
given him. TO embody the militia when puphc 80
shall require IT, do think il good RUE, thouSh ~.
friend from Accomac and others differ from me- 'h
when we come here to reform the constitution tna
we should look somewhat the past, and not reJe.
all its wisdom and experience. This power mas eA'.
in this commonwealth ever since it has osen one anu
I 1 Z ~, b,. Ipep ~ al n
Is ever 10 be abused; What is this power to empod.
the militia; 1t is merely, presume, that OF GAZING
the militia together for the purpose o. dcieho'ns
their public safety. And when called ioscther' the
act must be sanctioned by law IN making pro- N'o"
Tor their payment. There Is no reason 10 aP
pr.hend that any Governor will be 20 ANXIOUS %
make himself conspcon- IL mount his charger aia
place himself at The head OF the militia ana impose on
the commonwealth the heavy expense oil eihtohvn5 no
forces tn rcpel the mere phantom Of danger As 10 inc
idea Of my friend from Accomac that the governor IL
not To dcpiue embody the mi.tn until the invsslon
or instruction has already taken place until our houses
are burned and the Threats OF our children are cut
submit that il l. very much ike calling out the hro en-
yncs to put out fire after the house has been destroy
ed l. power which ii properly restricted can ever
be abused The power Is given as nieaiis oi pro'se
Ing and guarding the public safety. and We canno. IN
uy constitution may frame avoid the necessity o &c
posing confidence N those I" whohi inc powers '"
government are committed There n.,si be confidence
aud whilst would - as .r any gentleman N pre-
venting the abuse of power granting power iiReiT
10 lie abused aln vet Ia how this simple power %
enbo,iyng the militia. when i'll the opinion Of the SoT-
cruor the pubic safety shall require IT, likely 10 90
abused b. any governor il. ti, free Commonwealth !
trust will be the pleasure of the Committee to Leave
he report in this particular "a stand r. II Is,
Mr.. JACOB. shall vote FER the otion 30 strike out,
but not insert a. proposed BY the gentleman IRON
kallav In Mr. SIXTH! but viii make this suggestion. II
no oil er che prop it, propose and Ii suggest }!
l., NJ nj % tine words Under
.uch rs. anl limitation, may represented ~ law
Il appear to HAT language Of t"' construction vii
accomplish the purposeo beth the gentlemen VINO nave
mad ;la floor and suggested amendments. would re
ak that thai provision o The Constitution OF the Cneo
States which contain. the substance OF the amendment
oroaosei by The gentleman .ium hanawha does NOV
1--WE 10 the President the power 10 execute The laws oi
the Un,o to suppress Instruction "nd repe 'hvas'or
that clause ri he constitution q the thi'ei n'aes
imply provides that Congress shall have the i'owe- TO
arayde for calling form lie n.tia To- execute TIE laws
ii tie Union -u!'prrs irsutr' or or r.pa. INVASION
Now il see!s /" iaa. II %e ':ke cd: ard inSe! me
words 'uride such rules AID limitations AZ av be pre-
,cribed bv law We will gi:e the power TO The le.ls
fure 20 take the w:lo. sutec: up, ana in fac, mases
provision 10 .arnuuse and prevent abuse Oh the on"
hand while ne oar The power ina! De 'aaGe cock
eIsye with legislative control. - without any restre'
ion they May impose do aot know whether 1t wor.o
&c more pre:,cr 10 INSERT tbs wosi: tra have
cad instead Of those but desire il it l. proper TO CT
vide tie question striking out
The CHAIR. The question i hrst 10 DC iaaen on tbs
molten ii the gentleman .rom ha!awn. IT. SXTHl
Mr. ED5lI HpS. III wo:d, 10 Tie Tepor; nov und.r
consideration are The -:ye usc IN be prc:ent
,ons.:t::i,n M al those who beiiase 'hs where
p3ritn.c ,.,!-r III" constitution bns i"r ! Icnc
.urys. af kline brought ~ i . cyil w!atsoo""r and
whel the cvi. consequences tore:ult i:o' tha ciuien
asserted in the Constitution, CraNa rom thc
.iaglation theory sspsi1n> III gentie"1e thai
the test oil the experience 81 oine Eft? u SIXTY years
i, better THAI The inarr.r: fears at any e., ec,sr
We know that ~ evil "r c"nyeni"nc, has h!tc- Gn!ei
lis clause: therefore 1t wac inserted ~ ths iePf' aho
lave set eas sufficiently sound ana good Tcefth
yyhv We should no; retain IT, HE gentleman i.oa III
1.wla Mr. SMITH objects il because lie fears tllh
.,nlc conflict ii opion upon some abstract Question
between the State government and Ill" government u
,le nte,i States uay induce The Governor OF Nrglma
% cali on; III. ..,ili,i: improper occasion. Now
the Governor If Virginia il sworn 10 support the con
spton Of the Unit I'd States md the laws made in put
s;,ance thereof and the constitution Of the United
States e.pressF declares that the constitution and the
law. made pursuance Of It shall be the supreme Law
If the land the constitution and laws OF inv State 10
the contrary Notwithstanding The Governor Of Fir-
na il "a much bound to execute the laws made in pur
Sancn Of the constitution Of the United States as he 10
70 execute the laws Of Virginia. II ID not his business
10 intrrrct those law but the Judges OF the courts OF
III. Tni,.l State or the Judges oi the courts OF his
nv, state must exponi and interpret the law both III
.e.pe, to the constitution Of the United States and
,h.t If b, own State Ills duty Is IL execute the law,
Iow, By the ministerial officers OF the law if it
lie executed in that way, if not then by the militia
might tell the gentleman that fear an unconstitutional
law passed by the Congress of the United States might
lie attempted be enforced by the Governor Of tr-
,na mud he might call ont the militia to execute law
Under tho constitution of the United Stntes which tha
courts Of Virginia declared to be unconstitutional, and
which the Supreme Court Of the United States might
ec,are to be constitutional. Where is the final arbi-
fer who to decide in this cse Because the Governor
If Virginia is bound carry out the Law Of the United
states made in pursuance Of the constitution, and is
bound to execute the laws of his own State. mil ht
raise that imaginary fear but have 40 such apprehen
sion whatever, nor have any apprehension TINT the
Governor of Virginia will declare law Of the United
States TO be unconstitutional and call out the militia on
m improper occasion Suppose you restrict him IN tie
~ Tim, the amendment OF the gentleman from Spot
ylynia proposes that he shall not call out the militia
xcopt N case Of actual invasion There may be lnva
som threatened il may be communicated by the Presi-
ION, If the United States to the Governor Of Virginia
He may know but how the Legislature Of Virginia
tnow!- His correspondence with foreign authorities
NAV sInnsh and warn him that invasion threatened
and he NAV communicate the Governor of Virginia that
il is for the public safety that she should cm
dy her militia 1t is private communication made by
n. President to the Governor of Virginia Shall the
! ,lIouej Ia on