The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-08

mission Of the inhabitants Of San Francisco TO the as
appreciation of Us acts and how OF prepare
ton and means 10 Withstand IT, nor IL that material to
the question OF law involved snce whaever may be the
local opinion regarding the Commit ee its organization
and It's acts DO not the less constitute awess usurpaton
OF the powers OF the State
Thus appel that independent OF the specified acts
OF violation of law perpeated by the committee there
Is peculiar aggravation OF iegaty in its organization
demons ratve ostentation Of military force, the
sve disproporon Of the which employs u its
professed ends, and the duration of its violent powers
II circumstances are supposabe in which the exertion
OF Illegal force for moment may be justified, at least
exenuated, possible which suffice to warrant
the permanent substitution Ct such force in tn place Of
constitutional government.
II also required be stated while the SO called
public D'e rieh, ane assuming To pansb az ts
mere discretion, alleged mAiefacters, without law
iul authority, and in contempt Of the established
forms OF justice while its lille gal power Is rendered
still more objectionable by Of anony NOUS SC
cret and irresponsible constitution and while the good
which may have done which II protested to aim 20
do, in the punishment Of few alleged criminal
derby persons Is together inco nmensurate with the
Extraordinary means adopted for its acce npishment aud
while these consider atoms tend subject the committee
10 suspicion Of unavoo ed Interior purposes still there Is
o evidence in the documents reierred in other au
hentc tina in what has thus occurred at San
Francisco there has been committed threatened
act of resistance obstruction 10 the constitution laws
or Official authority OF the Unteo States
But the incidents IN question exhibited case Of such
persistent disturbance OF public tranquility 70 have
Constrained the nerposon OF the Governor OF the State
Who the sh OF June issued his official proclaim alton
setting forth the existence Of the VI lawful combination
calling on its members to dsband aud summonng 20
arms the militia for the'purpose OF restoring public order
and enforcing obedience TO law in the city and county OF
San Francisco.
Upon facts the Governor OF the State repre-
you that Dsur ecton exists therein and pre-
fers The following request
That you viii transmit orders the officer Of The
United States commanding the Pacific division to issue to
the State the requson OF the Governor such arms
and ammunition may be needed for the object Of sup
pftssin the said Instruction.
2 Thai you wiz transmit orders to the said command
ing officer 70 render sucn istanoe IN arms and ammun
ton, any future time be required by the Go
for the purpose OF enforcing obedience to the
constitution and laws Of The State.
Such specifically the tenure this application; aud
the question oi your constitutional and legal power in
the premises with reference 70 such case OF insurrec
ton in state against the governneat thereof Tue con
stution declares that Cong ross snail have .powe- to
provide for calling forth the militia TO execute the laws OF
the Union suppress Instructions and repe asinns "
The present OF the forms OF iae second OF the three
specified emergencies instruction against not the gov
ernmert OF the United States, bit ttat Of a State.
90 not perceive IN the constitution any otner pro'-
the sequel regarding the relation OF Congress and the
President in such case to the military and naval force
As 10 the clause u the which makes ii the
duty OF the President TO take that the laws be faith
fully executed that apprehenaed refers primarily
the laws OF the United States aud those of state
Territory only in the contingency when the case 0! in
surrecion therein presented according to the cons
tuition and 10 acts OF Congress.
The copstt on Of the United States has executed that
clause Of the constitution which empowers Ito provide
FOR calling forth the militia to execute the laws OF toe
Union suppress instructions and repe inyasons. and,
also, is general power IN The same relation over tue
federal military and naval forces by tue enacmen o.
the substng laws the material parts OF which are as
follows
Tie &C, or February % 1895 entitled act to pro
vide Tor the nag forth th" militia for the purposes AM
the words OF the constitution cnact that in case Of
an insurrecn'u N any sa.e AGAINST me g.ssFna.a .
States application o. the Legislature Of such state. or
~ the Executive when the Legislature cannot be con
yened, cal forth such number 4 the militia Of any
other State States may be applied for a. he may
Judge suhcitn, to suppress such insurrecnon.
And Il fun Their enacts, = That whenever u may be ne
cessary the judgment OF the President 10 use the mill
tary hereby directed TO be called FORTH the Pres
dent shall for;hs by proclamation. command such
insurgents 10 eslerse and retire reacesby 10 their
pcotivc.aboaes within limited time H. stat Large,
424)
Tie sct Of Ma CD g. 1907 entitled An act Authorizing
he employment Of the land and naval forces OF the
United states, Ia Of ipsurrtct,n" provides that III
al oases 81 inslfrecton Or obstruction 20 the lay either
u the United States Of any individual state or Terri
tory, where II IL lawful for the President OF the United
States 10 call or the militia for the purpose OF suppress
ing such ecton, Or o. causing tie laws TO De duly
executed IL shall be lawful for HIM 70 employ for the
purlcscs sach part Of the land or naval force Of
The United state o. Eha be Judged necessary. having
first observcd at the pre- requs q the law ID that re
speci.n (Il stat al Large, 4f5)
These the only sting provisions Of statute ma
tcIal 70 the subject matter o! inquiry
II T. observed that The statute does not by expression
empower the President cali forth the militia OF the
state which the insurrecton exists but only upon the
expiration Of state call forth ibc militia OF some
other slate states. u rres1ines, oi .oarse hs. ned
occasion arises, 'he militia Of the particular state viii
be trog. 80" action BY is Executive and Legisla
tive authority luther vs.. Borden VII, Howard, =. !,
451
II IL likewise observable that In go far a. the statute
goes 10 de,ermne the point President only 20 be
moved 9clor BY the esislaiure State IN which
the suIr elton exists Of the Executive OF such State
when The Legislature cannot be convened
Now. the call here. made on the President in the
o. the state Of Iaornia y not according 70 the cond
tons Of the statute FOR made BY the Governor o. the
State no, by IL legislature and made by him without
not he
yenGd.
TIA, he had lawful authority TO convene the Legsla
ture cannos be doubted; for " expressly conferred by
the constitution Of the State, art ", sec. o.
Moreover, the Governor OF the State does not
quest the President 10 call forth the militia OF other
state states 10 aid Of the authority nor does he 10
terms request you 20 employ for that purpose the land
naval force Of the United states.
On the o,ber hand there room for question here
AZ 10 the legitimacy or government between two parties
10 the State Territory Rthcfe we're. would be
for you determine question In the first instance
the Supreme Court have decided In Of political
controversy which, years agtated the State of
Rhode ISLAND Luther vs. Borden ubi supra. ~ But
IN the present there Is preext claim whatever
that the Vigilance Committee l. the government Of the
state which, beyond ali has ts lawful rep
And is the function q the President OF the United
states individually % decide IN his discretion what
existing constitute the OF insurrecton contemplated
by the iaiutas and BY the constitution Martin Mott
p. 49,
IN Wort the present case seems 10 be wholly exempt
from dfculfcs OF political nature, the only ques
tons involved are 81 tho duty and the power
Of the President IN view Of tue rccullartes before
mentioned IN the tenor Of the application made
by the Governor q California. Can the Presi-
dent call forth the militia Of State for the
purpose u suppressng nsurrecton 10 another employ
the lane and naval forces Of the United for the
purpose when be has sufficient knowledge OF the fact OF
instruction. but request FOR bis interpretation has been
made iD due conformity with the conditions Of the
tutei
And surprising the emergency Of issurrecton occur
and TO be duly brought 20 his knowledge he furnish
70 the public authorities q the Stae 10 which the nsur
recton exists, and munitions Of war, distinct from
and the hands Of officers and troops Of the United
Statesy
feel reluctant 20 beyond the actual In the
derakpg 10 pronounce rules Of law applicable 10 the
gravest and the critical Of all the emergencies poe
sible occur IN relations between the United States
the respective States Of the Union. am not willing
that circumstances not arise 10 which the Pre-
sdeni might furnish without furnishing men al
the time under the authority Of the act u 1907 and
the principle that the whole includes all Us parts,
20 the furnishing Of arms one may be comprebendef 10
the power 70 employ all the and and naval force OF the
United States. not less unwilling 10 assume 10 fore
nmNs ~ ffra a.fs