The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-16

ABOLITION %. THE UNION"

"ABoLITioN o. THE UNION"
Upon the decease Of the old Democratic Review viii
transpired after Few unhappy months Of existence un
George Saunderss reign Of terror and weleOp,
democratic monthly made its appearance called the
States Review From September last until the May M
this spring it has likewise sumbered 1t has howe,
again appeared upon the stage and with promised ~
cess.
The FIRST article in the May number Of this Review 90
before the public under the quoted caption Of this comm
nicaton II is an article the composition OF which 49,
the stamp of superior literary taste bat there are po
and arguments contained within il which anquest
ably erroneous and calculated 10 mslead honest osedu
readers 1t is not known how far its may extend
to what bounds il may WELD its influence but protest..
be democratic publication, il has in respects
the article alluded TO- taken position in the opinion N
the writer of this communication not only in opposition
the intent and spirit of the federal constitution but to M
also Of the President of the United States and his sgo
duty and the errors complained OF in the article name
might now perhaps be permitted pass without excitO
material interest but from the fact that emergency IA
but just occurred imposing upon the Chief Magisus
through his agents the necessity of calling upon the ia
eral force to see "he laws faithfully executed The arti
then is capable this time of producing wrong impt
sions and creating doubt in the minds Of the weak as
the recent action Of the President
In order place the whole question at issue before Ii
public will make extract two from the Review
article and append such comments thereto may su
gested thereby
First the writer gays
The authority conferred on the President of seeing III
laws faithfully executed, is not much delegation
pouer the injunction OF duty in the fulfmento Of whi
he should be especially careful not 10 violate provision
the constitution in his zeal to enforce the laws Wtd na
beeoe intended By The trainers Of the constu.on
10 refer "a any po,cr bm that whch The President exercise,
through Me agency n cirR officers Of his oWh cos fot
whose conduct he is responsible at least far that he
dsplace them when he thinks proper he
eoy hdt is past he propid against The future The phrase
lie shall see that the laws be faithfully executed to our
apprehension simply implies that he shall exercise strict
supervision Nose whosc prornee Il as 10 carry then
into execution and ,cho subject TO his control In the en-
pIoyment Of military force for this purpose he only
by the direct authority of Congress and we have
that this authority merely extends to calling out the mill
tia for certain specific purposes 10 this extent may
in executing the laws suppressing insurrectons and
when it goes further, again repeat IN our opinion
transcends the limits of the power conferred by the
stitutiop."4aHis74 8.f tH 5Ef Heti t4t5rsA{ts+
Now by the Cd section of article of the federal charter
the President is made the of the ARM
and navy of the United States and Of the militia N,
several Statesp under certain circumstances named in thai
instrument.
The Sd section of the same article Of the instrument
quoted imposes upon the President this duty He slaa
take that tho la,os are Jaithtnlly executed"
Now suppose ms in recent instance at Boston, the peo
pie rise up prevent the execution of constitutional
actment We plainly that it becomes the Presidents
duty stake care that the laws faithfully executed
The violence of the people does not rise to the honorable
title of an nsurrection 1t is mob How them is The
President to perform his duty under the constitution he
has sworn to support unless in his capacity commander
n-chief he may call TO his aid the authorized forces his
disposal as the head of the army and navy2 Indeed It
may be asked for what purpose the high prerogatye Of
military station thus by the constitution, conferred
upon the political head of the nation if not expressly
give him requisite physical powers to that the Lawn
were faithfully executed
The quotation, as made Id the above extract ae shall
see that the laws be faithfully executed is incorrect and
does not express with real force the absolute injunction
the sacred instrument which is The guide of the Executive
The true language is, ale shall that The laus
taatuRty erecmedH The very language implies, when ne
cessary requisition upon the physical energies Of the
forces at his disposal eoaonder-chf TO enable him
stake that the laws and all the laws arc faithfully
executed II is not, then merely the moral energies
alone that the Chief Magistrate must rely in conjunction
with his subordinate officers in seeing that the laws Of
Congress enforced and when the people any section
far forget themselves endeavor the resistance Of
constitutional enactment they must expect the President
in the performance of his duty to hurl the Of the
my and navy upon them, the commanderin-chief Of
those forces whose duty sworn duty, il is to ake care
that the laws are faithfully executed"
The expression in the extract that az he the President
remedy what past he can provide against the
future is exceedingly nsdous II nsnnses that the
President has appointed civil agents to thelaws carried
in the several portions Of the Union who fail perform
their duties and the laws trampled upon he should let
the past be forgotten and only dismiss the old and appoint
new, officers But this would not be following out
his duty If the law is set at nau2h by any power
he is TO stake care that II is execuedno merely to see
that the statutes to be executed uo but nor and
all the time lie has option in the case His duty Is
defined by the national compact He must perform IL
With reference to calling out the militia, Congress by the
constitution is only empowered ITO provide for doing
and the Executive of the nation is without any control
the militia force until provided for and called out
and while in actual service Then and then only Is he the
commander-in-chief over the militia
Let take the late riot-case in Boston nstsnc'
when the most stringent necessity manifest for calling
upon the national force aid in executing the fugitive
slave law The city forces out it is true; but for ID,
rmness of the mayor Of that city, they would have been
withdrawn from the aid OF the Executive who without hf
constitutional authority call upon the army and navy
have his oath 10 enforce the laws entirely bro
ken, and solemn enactment Of Congress entirely overd
den by excited mob whose only law was passion
whose only aim TO render the statute dead letter.
1t wise provision OF fathers that the President
should be nrusted with powers enforce the commands
Of the constitution which they gave MS withou, such
power could presume take the presidential oath
with any hope Of fulfilling It's high and solemn nunc-
tons Hence he properly invested with the high unc
tons belonging to commanderin-chief
Again the article in question whilst speaking upon the
subject Of enforcing hc laws Of the Union through the
aid Of the military force Of the country the following
language
The power vested In Congress to provide for calling
forth the militia the laws of the Union and sup
press insurrecons II limited to the militia alone Moth