Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1859-12-13
In this section, there are two things against
which the United States guarantees protection

In this section, there are two things against
which the United States guarantees protection
to ecGy state:
1st, against "invasion" Not one kind of in.
vasion or another, but simply "invasion" of all
kinds from every quarter; and no application
for protection is required against s'inyasions. ~
Whenever it comes, however it comes, it is to
be protected against. The word itself imports
force from aoitb0ut-any force from without the
State invaded, whether from foreign country, or
alien enemies or Indian tribes; it is confined to
no particular invasion. And against this the
President has the means, provided by Congress
in the laws raising and providing standing ar
my and navy--the land and naval forces Of the
Uuited States, which need not be "caled forth" !"
but are armies already raised and standing, and
a navy already 'provided and maintained" The
President is commander in-chief of these, and
may order them to repel actual invasion, as they
are already in actual service without being
''caled forth" And he is surely as much bound
to execute the Constitution as the statutes OF
Congress. "The laws" to be executed, embrace
both, and he has the means to execute both pro-
yided in the statutss for raisiRg aru'tes and
providing macy, as @sll as in the tas's calling
forth the militia.
But to proceed:
End. The second thing that every State is to
be protected against is, "domest'c ciolence. -
These words import force from within-a do
mestic force, acting in rebellion or insurrection
or obstruction of the laws, against the State
To interpose against this, there must be an ap-
pioation of the Legislature, or of the Executive
of the State when the Legislature cannot be
convened. s
And under this clause of this section, special
acts of February 2sth, 1875, and of March Sd,
1907, have been passed. They are wholly dis
tinct from the laws of Congress raising armies
and providing navy. The first clause of the
1st section of the aot of 1895 relates to nvasions
of the United States "from any foreign nation
or Indian tribe" The 2nd clause of that section
relates to "insurrection in any State against the
government thereof" &C., to domestic violence"
in other words, and not expressly or impliedly
to ''invasion of any State" And the I'd section
of the act relates to distractions of the laws OF
the United States, and not of any State. And
the whole act, so far as it relates to the States,
is an act to provide for scaling forth the mill
tia,n to suppress domestic violence, and not for
commanding the land and naval forces already
in actual service against invasion" Lnuasi0n
of any State is in fact ingasion Of the United
States. And the act of 1907 applies expressly
to cases only of ''insurrection or obstruction to
the laws either of the United States, or of any
Individual State or territory. And if the Presi-
dents construction of bis power be correct, this
act, which was intended undoubtedly to extend
the act of 1895, and enlarge its provisions, would
operate to restrict and contract its PROVISIONS
He could not use such part OF the land and ma.
val force of the United States as shall be judged
by him, without having first observed all the
prerequisites of the law for calling forth the mi
litia. These acts, in word, do not in word or
meaning apply to cases of invasion of State"
but so far as State is concerned, to cases only
of domestic violence; and where the militia are
called forth on application of the Legislature or
of the Executive of the State rebelled against.
Here there was no 'insurrection !" no case
of force from within. Invasion was threatened
from without, by citizens of one State against
another State. 1t is monstrous to say that there
is nothing in the Constitution or laws gusran-
teeng protection to State in such cases. The
Constitution is express. 1t needs in fact the
laws only which have been passed-tEe laws OF
the army and navy of the United States, and
the laws for calling forth the militia, to execute
both of the clauses of protection guaranteed by
the Constitution to ''every State in the Union
The men of 1895 made no snoh gross omission
| They understood their work too well for that
And what spectacle the United States would
have presented, if on the End inst. an army oil
fanatics had invaded Virginia to rescue felons
legally convicted, and bloody battle had been
Joined, and the United States land forces at
Harper's Ferry had stood neutral spectators,
guarding only the United States arsenal, and
playing posse eomitatus to q United States mar
shal, but not allowed to aid in the execution OF
the laws of State or to repel invasion, because
the United States were not invaded "from q
foreign country, or by Indian tribes" The bare
statement is revolving to the 4th section of the
fourth article Of the Constitution guaranteeing
protection to every State against inoasion; to
every statute of Congress raising land and naval
forces of the United States; to all the ends and
purposes of those laws and to peace; to the oath
and executive Office of the President of the u
nited States to preserve, protect and defend the
Constitution, and to see the laws faithfully exc.
cuted.
Such are my views of the Constitution and
laws. The views of the President, it seems, are
different. notified him of just apprehension
that this State was threatened with "inCdsioa' -
by predatory border war, to rescue prisoners
convicted of high crimes and felonies, and to
seize our citizens as hostages and victims in case
OF execution of the criminals, proceeding from
several surrounding States.
He answers, that 'ft would seem almost incrsdi-
BILE that any portion of the people of the States mem
toned, should be guilty fthe atrocous wickedness
as we'll as folly of attempting to rescue convicted
traitors and murderers from the penalty iue their
crimes under the outraged laws of Virginia"
reply to hin, through you, gentlemen, thatit
is strange this should seem incredible, when the
very convicted traitors and murderers were por-
tiO1s of the people Of the states % SsS nS
seizipg United States arsenal, and OF perretrat-
np treason and murder against both the State and
the United States authority. And surely may
be allowed latitude for acting ON the mass OF inior-
nation have received, of renewvd invasion, when
per ihaps. pardonable inattenton at Washington to
warning of the murder and treason at Harpers Fer.
ry, left IN arsenal and people deenceless against
| that invasionl
| ia and would not do SO. ldpprtssd him cf dppre-
hens;ons s;n order that he mght take seps to preserve
| peace betpesn the States" had called out own
militia and they are a thousand fold ample to dc,
fend their State. They have had not only 70 guar
ofthe United States. The President has however
manifested "cheerful and cordial disposition to
defend the pIoee ceded to the u States at Harpsrs
Ferry he sent smal! guard, as soon a as informed
it was unguaried, andJhss reinforced that guard,
mot only to protect the public property, clearly
within feaerat Jurisdiction, but to prevent The in.ar-
gents from sssing the arms IN the arssnas T;. a. ma'
r." "Besides" he says, "it is possible the addi-
onal troops may be required to act as posse com
status on he reqsisition the Aarshal Of The 0"i-
ted States for tie We.tsrn di'tr'e. ~; v.rs,n,s, to
charged with the crime of high treason"
Then for these objects-lst to keep arms OF the
United Ststes out OF the hands of the invaders OF
Virginia. and I'd, to act as '.pos:e cami'ata'" to
United States Marshal, the land forces OF the Uni-
yasion' of one State by tie people Of another STATE.
And he says be can discover nothing in any pro5..-
SON in the Constitution or lace Of the United Sfates
,ohich trould authorize him to "tdse sieps Jor me
purpose of preserving peace betesen tie States 10y
quardinG ptacss in ssrrounding States hich may b