The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-01
CONGRESSIONAL.
SPEECH OF THE HON. ROBERT TooMBs,

On the Presidents Kansas message, delivered In th
Senate February 2s, 1866.
Mr.. ToOMBS rose and said :sE
Mr. paEsID.sr; As desire 70 express my eoncurrene,
WIN the policy adopted by the President Of the United
states upon this question: and II will be necessary
me 10 leave the city at an early day win avail myself
%onsn. to express my views briefly upon II
The constitution expressly granis power to Congress to
provide Tor calling forth The military power Of the United
y order to the aw q the Union
State against domestic violence In lT95 Colgress passed
an act TO carry into effect these powers These were
necessary yet very delicate and dangcious powers and
ought therefore TO DO eaonsly watched and closely guard
cd The act OF 1895 drawn with full Appreciation Of
these dsnsers and dhlsalties "a gilousS GUARDED his
the civil authorities andpubc order In the judgment OF
the President falling within this law has lately
and he has ten the preliminary steps pointed
by for the exercise OF the powers II con by issuing his
proclamation The power Is clear ii the has arisen
The proclamation states the precise things conten.
plated by the act it is supported by the official documents
before u.s. and therefore stamps this action Of the President
with unquestioabe legality and demands for it the uni
ted support Of all friends of Law and order The act of the
18th February, l795, enacts that
In of nsurrection any State against the gov
thereof shall be lawful for the Presiden of The
United States, application Of the legislature of State
or OF the executive when the legislature be
vened) to call forth such number OF the militia of any other
State or States bs applied for he may Judge su
cient to suppress such nsurrsction."
SEC: And % IL further enacted That whenever the
laws of the United States shall be opposed execution
thereof obsructed State by combinations power
full to be suppressed by the ordinary judicial
ceedngs by powers vested in the narba by this
it shall be lawful for the President OF the United States cali
forth the militia such State any State or States
to suppress such combinations and to the lava to be
duly executed"
The act of Sd March 1901 enacto That in all cases of
nsurrecton obstruction u the laws either of the United
States or of any individual State Territory where
lawful for the President Of the United States call forth
the militia for the purpose of suppresnz such nsurrecon
of causing the laws be duly executed it shall be law
tnff he
land naval force Of the United States shall be judged
necessary having first observed all the prerequisites Of the
The governor of Kansas (the legislature not being in
session officially informs the President that the Of
that Territory obstruced that they openly resisted
by largo body Of armed who have rescued prisoner
from the hands Of the sheriff by force murdered peaceable
Inhabitants burnt up houses and openly declaring fixed
purpose not to submit 10 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 Terri
tory which is available for that purpose These facts thus
officially communicated to the President sustained by
ample testimony-the testimony OF the sheriff who
sisted in the execution of legal process and that of portion
of the posse whom he called his together with that of
other inhabitants OF tho Territory These facts bring the
fully within the provisions of the acts of 1895 and
1907 and nothing necessary. But this is not
yet the whole Gen. Lane and Mr.. q Robnson--the
first styling himself chairman of the executive commit
tee of Kansas Territory and the latter chairman
mittee of saetyhave undertaken to notify the President
that ian Overwhelming torcs vsz organizing the bor
DER of the Territory for the purpose of invading
Kansas demoshing the towns and butcherng the unof-
Tending ee-stae citizens" One side claims protecto,
from nsurrection from within, the other from invasion
and that anarchy regns supreme 1t would be difficult
imagine case calling more loudly for the nterposition Ut
the federal power, or case which would afford fewer
points of criticism for its application Yet still the
President is denounced by for ugurpation, and
taking sides against the abotonsts and by others,
among them the senator who has just taken his seat
Mr. HALE for not doing sooner, and in behalf Of
the dsturfers Of the public peace Whatever may have
been the disorders in that Territory before these recent
events upon which the President has acted the senator
cannot show, and did not attempt to show that these
made any coming within the constitution and of
Congress referred TO- which is the sole authority upon
which the President intepose public force
store order This not O resistance 10 the laws of
the United States but of obstruction 10 the laws of Ter
ritory In the Boston riot there resistance to the
execution of the laws Of the United States the President
officially informed OF that fact and with promptness
and energy which did him infinite credit he ordered the
public forco TO aid the patriotic citSens of Boston who
took up arms 10 maintain law, and tho law vndica-
ted This action in conformity law and gave great
satisfaction TO the patriotic people of all sections of the
country The action under consideration being found
ed upon the obstruction to territorial laws required other
prerequisites When these complied with the Prsi-
dent then acted, and cond not legally act before.
We are told that at some former period Kansas was
invaded by MEsourans her baotboxes seized and rep
resenatves returned TO her legislature by violence aud
against the will of her peaceabe inhabitants II this were
true 1t would not affect the proprety Of the present action
OF the President But is 1t true2 II Is yery certain
that such information has been officially communi-
Gated the President Governor Reeder at the time
tue governor OF the Territory IL his duty TO prevent
such outrage if 1t had happened by all the civil and
military power of the Territory and If that failed be
bound by his official oath and duty report II to the
President lie did not do and he Is here to-day
dorsed by these very companans the freeso party Of
the Territory who have him here represent them
Am unchhritable then, in saying that this is fraudu-
aertbough gotten justify present exCesses This
question has but side the President has nterposed
federal authority the time and In the mode and to the
extent required by the laws and the constitution To
have done less would have subjected him 10 the
Just OF Congress and the county Neither the
attacks Gov. Shannon In any degree aid the assaans
of the President whether he is good bad governor,
whether be be saint or sinner can in no wise affect the is
sue The time for executive action provided for in the laws
of the constitution come and the enemies of law and
had better to II that they do not bring
under its penalties II the Executive has erred at all in
this matter, IL Is by embracing 10 proclamation
ing against the invasion Of the Territory from without
because IL is by clear that he had authorta-
tive evidence against any body Of except the
persons opposing the laws of the Territory described in
Governor Shsnnons dcmaud for assistance. II he had
acted alone the call % persons without lawful authority,
who acting against the constituted authorities II would
lie d iicut Justify such action But do not complain
of IT, because intend TO the utermoS verge OF the law
TO stain the supremacy OF law In that Territory will
turb the peace Of the country desire that 1t shall be
no SET onal contes- do not the end Of that pre-
fer that the conflict should be between the federal gov
erumeut and the lawless the end Of that The
law will triumph and the evil STOP And tell the
from New Hampshire that the FIRST gum which be much
deprecaes will FIRE the moment the laws Of that Ter
rtory are opposed by force and rodden down by law
less violence either from within from without And
the reverberaton Of its echoes from the hills and valleys
of the North the South will but every true
man in the republic TO the mnn Of the laws and the
preservation VI the rel ublc He may want sectional