The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-01-19

ton In the eighth section What law does the President
or Commodore Psuldine violate in anestin upon the
high seas enterprises Of this sort What consiiiutnl
feature or clause Is violated Where Is the restriction
upon the President upon the naval officer 9here Is
fun iaenta difference between He has firs got 10
show the law for it, And, sin, say and without the
fear of contradiction that the President OF the United
States cannot use the the navy the militia
but in the enforcement OF judicial proeeedng under our
intr territorial laws, with the exceptions shall aiude
to- On the high seas, under particular laws, he Is en-
powered to use the navy This " police but under
int territorial laws the President cannot use any OF the
military forces of this country but in subornnauon TO-
and in advancing legal process and they are Then calico
in the posse oosa1 to aid your marshall and tins Is
done by authority of law This power was not given 70
the President until 1885, and call the attention OF the
House to that act 1t is as follows iGs
further enacted That whenever tue laws Of tho
IN any State by eombnaions loo powerful BY e
ordinary 81 q Judicial psS.sds . ~ 2, ~ m S nd @ % m
tho militia ofsuch amy other state
the laws % be duly executed and The ass o. ms 50 to be
ssa ba I Ss ay a ss Dc the them ne1s
gressp t 5lV tSlafea slf
That is the act which empowers him to call forth the
militia. In 1907 another law passed. empowering
him to use the army and navy In the only
Apart from these laws the President has no power ntra
tcroiay to the army or the navy with two excep
tons that u.s. to aid in putting down nsurecton when
called upon by the Legislature, or. in the absence OF
the legislature by the executive OF State, which u pro
vded in the section of the act OF 1895 These
the only under our law 3as 81 N5 E ltiG
Now, when the gentleman speaks of any limitation,
when he asks where is the limitation, say show
the grant of the authority The position take is, that
you have first got to show the grant 1t isfor you To
show the authority Now, them the only authority the
gentleman cited latter part of this eighth
ton in which 1t is said ''And also for the pnrPfse Of
preventing the carrying on = &c.
But sir do not give the construction he docs to the
word prevent" or carrying What does it mean
The gentleman argues that it means 'rcak up ITO &"
out upon the high seas and arrest. say prevent
does not that Prevent, IRON fe,to, to come be-
ore stand in 'front.' in the marine league you please
to prevent TO stay back stand in front prevent these
excursions enterprises from going being carried ON
from the territorial jurisdiction of the United States That
is my construction. 3 't H#Fn nta
Now sir as carrying on, let II am carried out
aud sustained by cotcmporaneous understanding OF this
word In 1874 Congress passed law entitled An act to
prohibit the eang of the slave trade from tho United
States TO foreign place or country. ca,rgtng on
Aud in this very the vessels of the United States are
not empowered to make any seizure. There is to be no
conscation except ntra- -tenitorally read iron the
first section speaking Of those ships which shall thus he
And shall prosecuted and cndemned in
any the circuit district courts for the district
not where the ship shall be found upon the high seas,
hut in the district a Y E.taG
where the said ship or vessel MA,
That is within the jurisdiction Of the United States
and this act entitled n act to prevent and prohibit
the carrying on, &c. Now, sir If cotempoaneoup inter
probation Of words in laws is allowed say am ushed
y
on the thing in the IN the other The
title the act Of 1874 to prohibit the carrying on
and there extra territorial power conferred upon
the naval officers have been asked II the President
cannot arrest an offender against laws upon the high
seas In of pncy in case Of the slave trade
at this time that is declared piracy; in case OF murder
upon the high in American lotions al these cases
are provided for by law. Hence my proposition, main
tn is ncontroyertble that the President cannot use
the army and the naval forces of this country 'es by
legal authority expressed. a,5s6 ~
Another for my construction is that the part
relied upon that no extr,-territorial authority was
contemplated by this latter part of the eighth sec
ton of the act of 1913 empowers the President 70 USE
the army and militia Just as much as the navy Now
sir ask this House, ask the countryf, Under that
law the Executive the navy for the purpose OF
breaking up preventing the carrying on OF expeditions
beyond the marine league, why he cannot tor the same
purpose transfer the Whole army aid mim OF this coun-
try into the interior of the foreign country or wherever
the expedition may go Has not the President as much
right to send the army and the militia TO pursue tnem
as he has the navy Has he then the right to send our
entire military force into the interior of Nicaragua or
England it may be- If lie cannot arrest the carrying
short of that point provided the opposing party in any
country consents Some Of Walkers party are in pos
session of Fort Castillo Well, has the President right
send army up there TO dsposs.ss them If the
President of the United States may make war or engage
in any foreign war; by the consent of one of the parties
All that viii be necessary is for some of people to
take sides with one party and then for the President
with the consent of the other to send the army the ma
w and the militia to prevent the carrying on OF such
interference tell gentlemen this is dangerous doctrine
There is no law for it, stand on the laws am here
to defend the constitution Of my country ! am not
here the advocate of the breakers Of law in of
the word 1t you who would break the law under the
pretence of arresting offenders say that this eighth
lection never in my Judgment contemplated any such
power If the President has the right to send the navy
beyond the marine league lie has got the right to send the
army after the expedition into the interior OF the country
consent being given, have stated No gentleman
can get out of that.
But, MIR. Chairman, find that my time is passing
took occasion when addressed the committee before TO
express opinions to the law of nations Some
gentlemen have replied to them The gentleman from
Ohio Mr. GRoEsBEK cited the other day the authority of
Judge Story, in the Mariana Flora case In which the dc
ran occurred that the United States ships may seize ships
commanded by American citizens that engaged III
iolating law outside of the marine league But that
of piracy, very unfortunately for the gentle
who has cited that
Mr.. SMITH. of Virginia Congress has granted special
power in such cases. "a s5 s4st
Mr.. STEPHENS, of Georgia. Yes, Congress has given
the power to seize the high any versef violating
law in such cases and II Judge story maintained
anything else he has not cited any And still call
for the case l state Mr.. Chairman, az sad before,
that this of Pauldng Is in my recollection the first
of We have been here ten days. and has
vet been produced This is a case and should
settle principles as 60 Constitutional liberty the
rights of the people of this country demand thc settle
lnent of these principles Alright. ~ ftss3 Fss
The gentleman from Pennsylvania Mr.. MoxrGoMsRYl
cited yesterday, what he called international law
that it the duty of the government Of the United
States to restrain its citixens I wish to ray Ia passing
that that portion of vattel which the gentleman from