Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1858-04-02

militia to execute the .Ass VI o"pP'S
surrection. to call out the regular troops---
=. This is doubtless the origin OF the power
WHICH has been exercised SO freely OF late
wears, oiusing the troops as a posse to AID
civil eficers 10 the execution OF process.
81 halt no doubt. in my own mind that this law
ia unconstitutional, and ough, to be repealed
at once, that it may no longer be used as a
cloak for further usurpation- Public opinion
ought at once to be aroused 10 the magnitude
of this question. liza staining army of mer-
ceaary troops, whose officers are appointed
\ By he President, are 10 b~e4recosnzed as d
nro2er and legitimate force to ad IN the
execution of the laws, suppress riots and
keep the peace at the polls on election days,
in the states and territories OF the United
States, it is time the people knew 1t
- The rank and file Of the regular army 10
made up mainly OF the lowest class OF foreign
Iemigrauts, and such native born citizens as
are found about the pfriieus of your cities
and large towns, vino have become 50 de-
praved in their habits and character, that
.they are no longer able or willing to procure
a living BY honest labor. Destitute OF fam
lilies or friends, they have no feelings or sym
~pathies in common with the people at large
Such aa army, so constituted, looking to the
President as The fountain Of patronage and
promotion, is well fitted to become the blind
instrument Of despo,isn. As tho gentle
man from Virginia Mr.. Faulkner traiy re-
mere MACHINES,
-mo-ed by superior intelligence. But The tai
litie is composed of the whole body vi The
people; and such PORTIONS Of them as may be
called into service when an exIgency arises
will sympathize with their n%eighbors, aud
viii be commanded by officers elected by
themselves, who will hive no patronage or
promotion to expect FROM the President.
But the iled Ut requiring an army 10 fol-
low tie heels Of aSheriff. as 4 posse comItd-
sus, to aid in The arrest of thieves aud SNUG
.plers.is a .ot1l pervefsiou to the first princi-
pies of civil government. The posse COM
~.eitatas, as the term imports, means simply
the sspower,'' or people of the county who
are within the jurisdiction, and bound to obey
the commands Of the sheriff. He cannon %
outside OF his bailiwick to command the ser
vices of a single citizen of an adj ,ining
county. But this idea of using the army
authorizes persons who have been mustered
into the service in Maine, to be called upon
to act as a posse cnmilatus to aid in the exc
cution of the Law in California or Texas
81 Il HIS Ii - L XIV NNph u
The people will not long submit tu the idea
of having strangers and foreigners brought
sfrom distant states, 10 compel submission to
laws, which they may regard as odlous and
: oppressive, at the point OF the bayunet.
The people of this country are very deep
" impressed with the conviction that they
are capable Of governing themselves, and
will resist to the utmost all attempts to gcV-
ern them by nercenary soldiers from distant
States.
| insist upon it that the Constitution does
not tolerate any such thing; and that we
are not at the mercy of the President it this
particular.
It is the constitutional right of the people
when the laws are resisted. to be called up
on TO execute them themselves, and not be
subjected TO the the tender mercies of a
mercenary ~soldiery whenever it may suit the
sovereign will and pleasure of the President
of the United States. Suppose the militia
of the District of Columbi had been called
upon to keep the reace, at the municipal e.
lection of this city. Does anybody believe
that a dozen of the peaceable inoffensive
citizens of the day would have been shot
down in cold blood! And does any body
doubt that the peace would have been as
well kept, and that the people would have
been protected in exercising the right of suf-
frage! Very grave and serious questions
NAV grow out OF that and similar trqnsac-
tons. Suppose the officer in IN of
these mnrines should be indicted for murder,
and the court should hold as | have no
doubt it should do. that the President had no
right. no power, to give the order under
which they acted! Could he escape a con-
v~iction? It is true that the President, who
gave the order void undoubtedly grant him
a pardon But it is possible that a President
may one day be in power who will be OF a
different opinion from the one who gave the
order.
But what ought to be done with a Presi-
dent whoNwould give al order that would ex-
pose his subordinate to such consequences!
That question | leave for The country to an
swer. Itis not only dangerous to the coun-
try, but disgraceful to the Army to employ
it in any such service as this. Officers OF
the Army must feel themselves degraded. by
requiring them to follow the heels ga con-
stable with their companies or regiments to
aid in capturing thieves and smugglers.--
How would the gentleman from MlSsissip-
ri like to have that laurel crown which he
has eurned 50 richly and wears SO grace
fully, interspersed with such heritage as he
would gather by following with his brigade
at the heels of policemen and making an on
slaught upon a nest Of pickpockets or coun-
t=rfeiters?
l insist upon it therefore, that for the hon
or of the service, if no other reason. this
practice ought to be abolished. If | am
right in supposing that the President has no
right to use the regular army to and IN the
execution of the laws, or to suppress an IN
eurrection tha. does not amount TO an open
organized rebellion, it follows that the
troops which ere proposed to be raised by
the bill of the gentleman from Virginia can
not be used in the Utah service, unless We
declare the Territory to be in a state OF re-
bellion. This | 10 not understand that his
bill proposes to do.
Mr.. CURTIS. The Governor of the
Territory, in his message to the Legislitnr'
speuks oil the time when peace shall be re
stored, and the Legislature also speaks OF
the time when peace shall be restored. |
therefore reply that they regard themselves
in a state of war.
Mr.. STANTON. That my be 50 and
there may be very good reasons why Con
.gress should declare them in rebellion. Bot
deny that the Executive has any power
to declare any part of the country in rebel
= lion, or to make a declaration of war against
il, without the authority Of Congress. No
sir, the idea of the gentleman from loyt
that there may be a rebellion without the
.,tbor;@, of (you0roSs iS utterly suhyersiVf