The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-07-31


pairing their security"
Beg The annexed communication was hand
ed to us for publication by Mr.. Weston. 1t
discusses points which possess peculiar interest
at this time.
For the National Era.
THE PRESIDENT, THE ARMY, AND THE TER
RIT0RIEs.
On no point did the trainers Of the Constitution feel
more Jealousy or take greater precautions than in
csnfnDg the control of the military of the Gov-
eminent exclusively to Congress The President is
Commander in chief of the army. but not a soldier
can be raised without legislative assent and the pro-
visions of tho Constitution to Congress tho
power to determine when, how, and under what lin
itations military force shall DO used by tho Pros
dent.
Congress, and Congress alone, has power to make
Tnes for the government and regulation Of the land
and n0Vak forces, and to and support armies ;"
and by expressly providing that " no appropriation
Of money to that shall be for longrr term than
gears it is made certain that the effective power
to control and impose conditions which is involved
in the power to grant or withhold supplies will
turn to Congress at short intervals.
The power to prOOtde for calling forth the militia
to execute the lars IF tie Union, suppress
toars, and repeL inp2sionS is confdod, not to the
President, but to Congress. The President is Com
mandsr chief Of the army and of the militia when
called into the service of the United States, but his
powers and duties, SUCH strictly subordina.
ted to law are those of the officers and privatos
under his command. The Constitution makes him
the executive agent of the legislative will and
without particle ofindcpendent discretion of his
own, in matters and things pertaining to the of
the military of the Government. The republi-
can fathers of tho country, suspicious, above all
things, of kngly power, would not trust
elective Chief Magistrate with either "the purse
tie SI00rd."
Oyr sarIy Conor.sSes cor,noscd IN Gonna ext.nt Of
the men who framed the Constitution, and deeply
imbued with their spirit and maxims, surrounded all
their grants of authority to the President in respect
to the army and militia with the most precise and
careful restraints.
The act of June s. 17e4. presents the first instance
in which the army authorized to be employed at
ALL except against foreign enemies. The author
lied by this act was to compel vessels to leave
shores, which were being fitted out with ornaments
in violation of our duty neutrals, and then only
when the lawful processes of our courts wero re-
sisted.
The use of the army for any purpose of maintain
ing the peace for uph lding the authority of the
States against domestic violence, not authorized
by law until the Sd of March, 1907 eighteen years
after the Government went into operation On that
day, Congress passed act entitled An act author
fSing the employment Of tie land and naval forces
of the United States an eases Of snsarTeotsOns This
act is still in existence has been superseded
enlarged and all the authority the President
has at this moment. This act, contained in single
section, reads az follows:
to the laws, either of the United States, of any
individual State Territory when it is lawful for
the President of the United States to call forth the
militia for the purpose of suppressng such insurroc
tion Of causing the laws to be duly executed il
shall be lawful for him to employ for the pur
poscs such part of the land naval forces CT tho
United States shall be judged necessary, having
first observed all the prerequisites of tho law in
that respect"
Nothing could be more precise. The President can
the army in those cases. and tnese only in which
he can call out and employ the militia, and those
cases defined in tho act of February %, 1895,
which contained the whole law that subject in
1907, and does so at this day.
By tho first section of the act of 1875, it pro-
vded follows;
lin case of any instruction In any State against
the Government thereof it shall be lawful for the
President of the United States, application of
the Legislature of such State, of tho Executive
when the Legislature cannot be convened,) to call
forth such number Of the militia of any other State
or States, may be applied for, as he may judge
sufficient to suppress such instruction"
By the second section of the act of 1885, it was pro-
vided follows:
"That whenever the laws of the United States shall
be opposed the execution thereof obstructod in
any State, by combinations too powerful to be sup
pressed by the ordinary course of jadicial proceed
inss OF by the powers vested in the marshaIs by
this act 1t shall be lawful for the President of the
United States to call forth the militia Of such Stats
of any othor State States, may be necessary
to repress such combinations, and to cause the laws
to BIO duly executed and the of militia to be
called forth. may be continued necessary, until
the expiration Of thirty days after tho commence
ment Of the next session Of Congress"
This act of 1895 superseded and repealed the act
of May 2, 1892.
The act of 1892 was in precisely the same words,
tho Presidents authority to suppress insurrec
ton against State laws but in reference to his power
to send the military to tho aid of the marshas in
forcing nited States laws added the restriction that
he should only do 1t in the recess of Congress- In
der this restriction Congress being in session during
Dan uIxran <H~
President asked and obtained special legislative
thorizaton for the of the militia Such was the
extreme jealousy of Executive power in early times
even whom WAsHlSGToN was at tho head of affairs.
The third section of tho act of 1895 contains pro-
vso as to the employment Of military forge 10 en-
forcing both State and United States laws, which il
is important to observe That proviso is in the
words following:
Provided aiscays. That whenever it may be NO
csssary in the judgment of the President to the
military force hereby directed to be called FORTH the
mand such insurgents to disperse and retire peace
ably to their respective abodes, within limited
time"
1t is from these two acts of 1895 and 1907, and
from them alone that the apologists of the President
Justify his proceedings in Kansas. No other act ex
ists referred to, which gives him any authority
On the subject. The Union bis organ, quotes these
two acts, and no others Mr.. Toombs, in his elsbo
rate speech in the Senate on tho 2sth Of last Pe5ru
airy, quotes these two acts and no others He says
expressly, that these acts constitute the sole anhor
tty upon tcich tie President tnterpose military
forceD In that speech, Mr. Toombs says:
"Tle Governor of Kansas (the Legislature not be-
ing in SESSION. officially informs the President that
the laws of that Territory are obstructed that they
are openly resisted by large body of armed men,
who have rescued prisoner from tho sheriff by
force, murdered peaceable inhabitants, burnt up
houses aud openly disclosed fixed purpose not To
submit to the laws of the Territory; and that this
organization is too powerful to be resisted by the
civil authorities, by the military power Of
the Territory. These facts bring the
case within the provisions of tho acts Of 1875 and
1897 n This is not case of resistance
to the laws of the United States but of obstruction
to tho laws OF Territory. IN tie gostop riot Ssss
there was resistance to tho execution Of tho laws Of
c tho United States. The action now un.
dor consideration being founded upon the obstruc-
hon of Territorial laws, required other preIequi-
dent then acted and could not legally act before"
Hfhis beng the state of the law, what are tho pre-
oedentsf
General Pierce Is the first President who ever en-
poyed military force except in the enforcement OF
the laws of the United States.
The first call ever made upon President Tor mill
tary aid to put down resistance to State laws was
| made in 1912, in the Rhode Island case The call
then made was denied although Eres9sn Tyler SUP
ted certain hypothetical upon tho hap
| pening Of which he would interpose.
In bis letter of April 1lth 1872 to the Governor
If Rhode leland Mr. Tyler after recitng the acts of
| 17s5 and 1897, says
"Your Excelloncy will not fail to SEQ that no pow
or is vested in the Executive of the United States
to anticipate insurrectionary movements against
tie Government of Rhode Island, 80 as to sanction
The intsrpositisn Of the iiitly authority but that
there must be an actual instruction, maniSesisd
by lswless assemblsge Of the people or otherwise,