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


@Gy Be required to 5etaks themselves to their respect
tIUe abodes"
In his letter of May z, 1S42, to tho Governor of
Rhode Island tho President Acknowledges the re-
ceipt of resolutions of the Legislature of Rhode
Island" calling upon him "to iuterpose the power
and authority Of the United States" and proceeds to
say;
arise, the Executive Government of the United
States, ON the application of your Excellency am
der tie authority Of tie resolutions Of the Leg1sl1-
tire already submitted will stand ready to succor
the authorities of the State"
On these acts of 1875 and 1907, and the precedent
(the only one) of the Rhode Island case, observe
/. The President has no authority to enforce the
laws OF Territory, by arms or otherwise He May
enforce the laws of tho United States. He may un.
der certain circumstances, enforce tho laws of the
States 1t is inference not to be tolerated. that
power to enforce State laws may be changed and on
largcd by construction into power to enforce Ter,
ritorial laws. Everything here is to be construed
strictly because relating TO one of tho most delicate
and dangerous powers of the Government The act
OF 1875 is in compliance with provision of the Con-
stitution art 4, Sec. A. having relation to the
Territories, which is as follows:
The United States shall guaranty to every State
in this Union republican form of Government, and
shall protect each of them against invasion, and
application of the Legislature, or of tho Executive
when the Legislature cannot be convencd) against
domestic violence
1t appears from tho phraseology of the act of 1907
that tho person who drafted it, oithor enormously
to employ the militia in enforcing Territorial laws,
intended to provide for the contingency that such
authority might afterwards be given to him. The
act OF 1907. however, gives the President no power
to act in any cases. but only by amstra-
mentality; viz: the army in place of the militia.
The cases in which he might act already exact
ly defined by the act of 1875, and not changed,
or enlarged, by the act of 1907.
1t may be said that, upon these principles of con-
struction it becomes doubtful whether the President
could enforce oven United States laws, by arms in
the Territories inasmuch the literal terms of the
act OF 1873 apply only to obstruction to such laws
arising I'm any State" If this be tho correct
struction, it would only be necessary to apply to
Congress to remedy the oversight The place 1chere
the laws Of the United States may be enforced the
enforcement of those laws being undoubtedly conce
ded to the President is however less material and
more liberal construction on that point may DO
justifable. The disputed point in the Kansas
of laws viz Territorial laws, in the execution of
which he is authorized to intermeddle neither by
the Constitution, nor by any act of Congress.
T. IT. contrary to every proper principle of con-
creations of Congress, have the same right
egn States to invoke the armed nterpOsiton of the
National Government, tho call in this was not
made by proper authority. The right to invoke the
national is in the Legislature and only devolves
upon the Governor " aohen the Legislature CANNOT
be concerned.
Mr.. Senator Toombs slips over this part of tie
csse Enthusiastically, in this wise
The Governor Of Kansas (the Legislature not Be-
ing an session. officially informs" &c, &c
Certainly, the Legislature of Kansas not in
session. but it might have been convened and there
fore the call of Governor Shannon unauthorized
President Tyler recognised the call of the Governor
of Rhode Island only the ground that it based
upon the authority of the Legislature of that State.
Credible rumors inform that a similar call from
the Governor of California has just been rejected by
the Administration because this legislative authori
ty was wanting.
To hold that the President may employ tho army
in any Territory, the mere call of the Governor
Of such Territory, is to hold that he may employ the
army at his discretion, because the Governors of
Territories hold their places at his will and pleasure
Such a doctrine makes the President tho absolute
master of one half of the area of the Republic. A
power to put down instruction, is power to decide
what is nsurreotion. 1t is power to interpose as
armed arbiter in political controversies. 1t is
power which swallows up, and overrides, all other
powers.
8. The employment of the army being the highest
exercise of authority, the President must act him
SELF and upon his official responsibility. In this
case, no has undertaken to turn the army over to
petty Territorial Governor.
Tho domestic Ulolencs" which the President
may repress, must be manifested by some unlawful
assemblsge, such that in Braddock's Field in the
whisky instruction of 1894, and the dispersal of
which must first be commanded by proclamation.
This is the true reading of the act of 1895 and was
the construction given to it in 1912 by President
Tyler, who was advised by Cabinet of which Dan
iel Webster was the premier.
S. The " donasstsc violence" which the President
may suppress, must BIO existing. ent fact, the
character of which he must adjudcatc for himself,
and the responsibilities of his high place. It is
monsrous to say that he delegate to others the
right to act in future and contingent circumstances
In the apt words of President Tyler, he cannot
tf0tpafe snsnrytcs0lary movements, and authorize
Governors Coopels, to act in cases thus o1tici
yated" Yet this is precisely what President Pierce
has attempted to do in the Territory of Kansas.