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

terms. am not certain that the fugitive
slave law is a constitutional law Of the land.
But If IL 10 proper for him to use the regular
Army in executing the laws Of the land, then
1t is proper for him to use Il in exceeding thsE
law.
MIR. COBB. II the gentlemen will exeoao
the for interrup,ing him, desire 70 know if
the party with which the gentlemen is ec-
ting did not, during the last Congress, de-
nounce the President for not sending an ar.
my to Kansas, when our side was in power
there!
Mr.. STANTON. It is most unquestion.
ably true that the Republican party, in the
last Congress, did insis, that il was the duty
of the President to send the regular Arny
to Kansas; but that was for the purpose of
I preventing an invasion of neighboring
State. But sir5 they never asked for an ar
my to be sent to the Territory OF Kansas for
the purpose of protecting the people there
against their ow n citizens, or to execute the
laws. And contend now thet it is the due
~ of the President to use the regular Army
to protect every portion of the Confe6eracy
against invasion.
desire TO lay down the constitution al
! proposition which | submit, in definite and
explicit terms, 50 that there may be re mis-
understanding.
| CLAIM ttaf The President has no power
to use the standing Army, or any part ftbs
regular military force of the country, except
in open public war, either foreign or domes-
tic, or to repel invasion. That they can ia
/ no case be used as a posse to aid the civil 2u.
thorites in the execution of the laws, nor TO-
not poiiee fvreU for the preservation Of
the prbiic peace, nor 10 9uelf riot, disturb
ances, or Instructions, not amounting to an
open organizied rebellion.
| At the fOundRtion of every argument on
the constitutional power Of any depart ment
or officer of the Government lies the prop0-
sitIon, that this Government is a (Sovern-
'1ent of delegated powers, having such pow
ers as ere specifically granted, BY the Cons
stitu'ion, and such incidental powers ars
expressly granted, and no others. From what
part OF the Constitution doess the President
derive the powers that are cIamed for him;
! By article two, section two, of The Constitu-
zion he is mad. ih. ConmaBder-in-Chief Of
The Army and N IVY Of the United States
By urticle-twU, section three, he 10 required
to see that 'the laws are faith !uliy executed"
These The only provisions OF the Consti-
President. The power OF the President as
Conmauder-in.C Chief Of the Army depends
upon the state of the country, whether We
are at war with any foreign nation. or rebel.
lious State or Territory, or at peace with ALI
the world.
When war has been declared by Congress;
the President has the absolute control OF the
Army, and, if public safety require it, may
nd st,a e
hdbeaS corpus within such places, and TO such
limitations, rs the public SAFETY may requirej
may compel citizens to enter military services
against their will; appropriate private proper.
~ TO public use, and exercise various other
oppressive and despotic powers. But the
moment peace is restored, there is instantly
an end of all this. The laws resume their
sway and the power of the President to COM
{ n.it acts of hostility upon anybody. exeept
in repelling invasion, is at once extin-
guished He has no power in time of pescs
10 "make war" either upon foreign nation
or any portion of the American people. He
may control the location of the troops, and
keep them posted as to meet the exigeucies
of the service in any anticipated war or in-
, vasiou that be may have reason to apprehend.
4 He may exercise such discretion as may be
conferred upon him by Congress in incre as
e ing or diminishing the rank and file Of ths
: Army, 81. But this is the end of his pow.
| ers over the Army in time Of peace, az
Communder-inC Chief.
Il presume, however, it will hardly be claim,
S ed that he may, in his capacity .oF by virtue
g of his authority as Conmander-n-Ch Chief, use
/ the Army in aid of the civil authorities in
executing process, or in preservation Of tho
public peace. This is supposed to result
from the duty which is enjoiued upon him to
; ''see that the laws be faithfully executed"
I This grant of power is supposed to carry with
= it the power to use all the means necessary
}, to enforce their execution. There would Ger.
! tainly be great plau3ibity in this. if the
$ means which he nigh, use were not specif-
[ cally enumerated and pointed out in another
r provision of the Constitution.
+ But the Constitution expressly requires
/ Congress to provide for calling forth the mi-
litia to execute the laws. And it is a well
Y settled rule of construction, that when the
J. mode of executing given power is prescrib-
J, | ed, il excludes the use OF any other mode.
e If the law requires the execution of the SEN
tence of death upon a person convicted Of
n q capital crime, by hanging, the sheriff may
f not shoot him, although the party convicted
g may desire it. If he depart from the mode
) prescribed by law, he is guilty of murder.
r Now take these two clauses OF the Con-
II stitution together, and what is their plain.
Il common sense construction! He shall see
: that "the laws be faithfully executed" To
l. that end, he shall require his suborGinates.
Q who are Immediately charged with the exe-
i cution of the laws, to perform their duties
$ with tidelity and in good faiih; and if they
II are raised by combinations or associations Of
:, persons too powerful to be overcome by the
officer and such force as may be able to COM
/, manG, then the President shall call forth the
d militia. This is certainly the plain. natural
It import of these two provisions of the Con-
t stiIution, when taken together aud construed
e with reference 20 their subject matter. II
e is also worthy of remark in this connection,
Of that while Congress is authorized to organise,
:, arm, and discipline the militia, the officers
e are to be appointed, and the militia trained
:, by the S,ates.
e Tine subjec, of the power of calling forth
Is the militia TO execute the laws was very
:. much discussed in the Virginia convention
10 which adopted the Constitution of the Uni-
s. ted States. Il was said, by the opponents
r of the Constitution, that it armed the Presi-
3 dent with desootic power which was capa-
!; BILE OF being greatly abused. In reply, 70
e was said tn 1, the militia taken from the
} body of the people; was identified with
sl them In interest aud feeling, and therefore,
> could not be used instruments of desPot-
lie ism to oppress the people. Nobody, then,