Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-02-27

[ stated when up before, and repeat now
: that do not believe that it was the inten
ton of the act ever to confer upoh tie Pres
ident any power outside Of the marin.
league. [ stated to the committee then
that did not give the opinion without re
Fiction. Itwss no new subject to me (;
did say it.
1 premise by stating this proposition
that all laws inter-territorial in the legisla
ton Of this, or any other country arr 70 bt
interpreted and understood to apply within
the.jurisdiction Of the aw-making power
unless the contrary is expressed Genera
acts OF Parliament Do not extend to provin-
ces or colonies without being 50 expressed
! affirm that, as an indisputable proposition
this act upon its face is intcr-territorial. ~
4 Whenever yam give power to your Navy
upon the high seas, or express eztrasterri-
torial legislative authority, it is so stated in
the law, and expressly. Now, if We mea-
shre,this law by that rule Of construction
we are bound to suppose tat the sLagist:s-
ture did not intend anything but an inter
territorial law. From the beginning to the
end, everything about it shows that that was
the intention.
Mr.. eROEsEEGGK. Eft,ao sgofls'oaaan
viii allow ME, | will Call his attention to
section third, which makes it penal for a
esson or citizen outside Of the jurisdiction
Of the United States, to fit out vessel to
Fcrui$e against the citizens or vessels Of the
United States; and it contemporaries that,
if that be done outside Of the United States,
the person who does it shall be tried in the
court Of the district where he is first
brought That is the languasse
Mr. STEPHENS, Of Georgia Ger
tainly.
/ Mr.. GROEsI}ECK. Aud, further
more, the eighth section gives the authori-
ty 70 the President to employ the. naval
fierce to prevent the commission Of this
crime outside Of the United States
Nr. STEPHENS, Of Georgia. That is
your inference. That is the construction
tic gei:tleman has ret upon it. Now, sir,
the section to which the gentleman first al
| lutles does declare, If an Individual outside
rot the limited States commits the offence
that &c States, if he be citizen Of the Uni
ted States. that heshall be punished But
he is to be taken within the jurisdiction of
the Oiitet: States In that part Of thelaw
which goes To the penalty, he is first to be
caught; and caught Inside Tlsat is my
con struction. There is nothing here which
commissions the President to SO upon the
high seas and seize such citizen. That
the gentleman infers; and | say that the in
ference is by construction, anl an erroneous
one lie has no authority to do It more
over, This being penal statute, it is to be
strictly Construed
| Mr.. Chairman, I state as second pro
position, and wish gentletfeh to attend to
1t, that the President Of the United States
cannot use the military force-the militia,
the Army, Or the Navy, except by permits
sion Of the law; and here at the beginning,
differ radically, with almost every gentle
man upon the opposite side Of this question.
Hhe gentleman, himself, who has Just IN
terrupted me, asked the other day where is
the limitation in the eighth section? What
law does the President Or Commodore Paul
ding violate, in t.rrest;fsg upon the high
seas enterprises Of tais sort? Whit son
sttrtirnal feature or clause is violated 3
Where is the restriction upon the presi-
d nt or the naval officer? There =. finn
dane'.tal difference between is. lie has
first got IS show the law for it. And, sir.
say, and without fear Of contradiction
that the President of the Uiiitea States cen
not use the Army or the Navy or the mill
TIA, but IN the enforcement of judicial pro-
ceedinss, under our inter-territorial laws,
VOL n T MAJ ~.
the high seas, under particular laws, he is
empowered 70 Use the Navy This is as a
police; but under inter tas1iitorii;l LAYS the
President cannot use any Of the military
forces Of this country but in subordination
to, and IN advancing legal process, and they
are then called mas the posse co1nit.das to
all your marshal. This power was not
giycil to the President, until 1895, and
call the at5entieh Of lie Iodsc Ia that act.
I. is is Flows:
Sec. ?. And he it flrther resolved,
That whenever the laws Of the United States
shall be opposed, or the execution thereof
obstructed, in any State. by co mbinat ions
too powerful to be suppressed by the ort}ira-
~ course ofju1icial proceedings, or by the
powers vested III the marshaIs by tais act, it
shall be lawful for the President Of the Uni
ted States to call forth the militia Of such
State, er of any other State or States, as
may be Necessary to snrrrcas such conabi-
nations. and to cause the laws to be lllly
( executed; and the use Of militia so to be
called forth may be continped, if necessary,
until the expiration Of thirty days after the
COMMENCEMENT Of the then next session Of
Congress-"
Thai is the act which empowers him IL
call forth the militia. In 1900 another
law was passed, empowering him to use the
Army and Navy in the same cases only
Apart from these Laws, the President has
10 power, inter territorial, to use the Army
and Navy, with ito EXCEPTIONS: that is, to
aid in putting down insurreotion when call
ed upon by the I4egislature, 81, ii tie 3D.
sence Of the Legislative, by the Executive
Of State, which is provided in the first
section Of the act of 1895. These are the
ou}y cases under our law
Now, when the gentleman speaks Of any
limitation, or when he asks me where is the
limitation, say, show the grant The
position I take covers tfe whole ground !;
brit YOU FIRST have get to sho" the grant
It is for you to show the authority. Now,
then, the only authority the gentleman CT
ted was the latter part Of this eighth section,