The American. [volume] (Washington [D.C.]) 1857-1857, 1857-11-04
From the Pennsylvania Inquirer.
OUR GOVERNM ENT.


saa,tisZ OUR GOVERNMENT.
1Asright the President to employ the military,
gl'smdsr the pretencs Of erecuting tho laos. q
II the Constitution be examined it will be found
that Ho power is conferred on the President to
ploy, the military for the purpose of executing the
Aws.a io ~ & stg4 N 38at ~
This may surprise many, but it is nevertheless
the fact 4Iii ~ t}p8 44 s&s4 Y 2"-.a
Article LIST Of the Constitution confers on Con-
gress exclusively the power to provide for calling
forth the militia TO execute the laws of the Union,
suppress instructions, &c, &c.
The Constitution makes the militia the appro-
pirate and exclusive means of executing the laws, ,
where resort to military aid is necessary.
The Constitution makes il the duty of the Pre-
sident to stake care that the laws be faithfully
executed But it denies both to hin, and to Con-
gress the aid of the army for the purpose, thatis
the militia, and not the army,is expressly desig
mated for the performance of that duty. tA
Il He 10 to " take care that the laws be faithfully
executed" by the exercise of all the powers con-
fegred on him. Civil and ordinary powers were
evidenty >ntended by this clause OF the Constitu-
ton, to be used by him. 1t could never have been
intended that he should " take care, |" &C., by the
usurpation Of powers exclusively delegated to
another department. The Secretary of State, in
a recent despatch to Governor Walker, says:
si"I 1t may, therefore, become necessary to use
the troops placed at your disposal not only to aid
as posse comitatus IN executing the laws, but
also TO suppress an insurrection. gaH H
The Secretary and the President lave clearly
mistaken their powers. sTo aid as a posse coni-g
tatasn is an employment of the military, hot au-
thorized by the Constitution. 1t is an evasion of
its spirit and letter. a ra.
1t quite evident that If the President can call
in the military as posse conttatuS to settle politi
cal sduabbles between coDtending factions--that
then there is no restriction upon his use Of the
army. ~
The people of the United States have inherited
from their British ancestry salutary hostility to
standing army and to any interference of the mill
tary in civil affairs.
In the enumeration of grievances against the
British Grown, the Declaration of Independence
says sc He has affected to render the military in
dependent Of and superior to the civil power.
" He has kept among us in time of peace, stand
ing armies without the consent of our Legisla-
ture. S
For quartering large bodies of armed troops
among u.s."
The Constitution is singularly and explicitly ex-
pressive Of a similar jealousy of the military.
Congress is invested by it with the sole power
| of declaring war. 55
Congress only can "raise and support armies"
" But no appropriation of money to that use shall
be for longer term than two years." Congress
alone has power to "provide for calling forth the
militia to execute the laws of the Union, suppress
| instructions and repel invasions."
The amendment to the Constitution show
still stronger jealousy of the military. Article ii
says GA well regulated militia being necessary to
the security of free people-the right OF the peo-
pie to keep and bear arms shall not be infrnged."
Article iii says "No soldier shall, in time of
peace, be quartered in any house without the con-
| sent Of the owner-nor in time of war but in a
manner to be prescribed by him." ..
| In the Whskey Insurecton, 1894, case &C.
Cured when if the Constitution authorized, the
army might with propriety have been employed.
| A reference to the proclamation of Washington
Of 25th September, l7o4, will show that he no
where mentions the army as the means of sup
pressing that insurrection.
He says-"Whereas from hope that the com
bination against the Constitution and the laws of
the United States in certain of the western coun-
ties of Pennsylvania would yield to time and re-
Election, thought it sufficient in the first instance
rather tc take measures for calling forth the mill
| tia than Immediately to embody them; but the mo-
ment is now come" &C. Nov, therefore, /,
George Washington, President of the United
States, in obedience to that high and irresistible
duty consigned to me by the Constitution to take
care that the laws be faithfully executed, depor-
| ing" &C., &C., do hereby declare and make
known, that with satisfaction which can be
| equaled only by the merits of the militia sum-
noned into service from the States of New Jersey
Pennsy lvania, Maryland and Virginia, / have re-
ceived intelligence Of their patriotic alacrity,"
Sc., &c. ta
| special Act of Congress was passed al ses-
sion previous to the issue of this Proclamation,
authorizing the President to call forth the militia
| of the States mentioned for the purpose Of sup
pressing that insurrecton-but that act does not
! authorize the employment OF the army for that
purpose Dor -..gE
1 IL may well be doubted whether Congress has
| any power to authorize the employment of the
| army for any purposes than those OF war with a
| foreign enemy.
Yet the President in his letter to the New Ha.
Ven gentlemen, and the Secretary OF State in his
| despatch 10 Governor Walker, seems TO take it
for granted, that they may employ the army-asa
| sherilf's posse coD,itdtus.
Such an employment Of the army is in the teeth
| of the express language of the Constitution -and
| departure from the preceden:s furnished by the
| earlier and purer age of the Republic.
IL the President may use the army TO supervise
elections in the Territories, he may with equal
light use it TO control the elections in our great
cities, or in the rural distrids BY this means
We should SOON become military Republic. aud
| The army as in the decline of the Roman Republic
| might dictate our Chief Magistrate.
SrRAsGE SoESE AT THEATRE.-We trans
Il In frnun hitter dated Madrid Sento,,bar