Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1859-12-06

! of which the enclosed is Il copy. On the 29th
| received from him the accompanying answer,
TO which | have not replied. but upon which |
must here comment.
lie seems tn think that the constitution and
laws of tie United States 10 not provide al-
thority for the President to interpo>e TO "repeI
i.rasien," or keep the peace between the
States, in cases where the citizens OF one
State invade another State. unless the EAecu'
tive or Legislature Of the State invaded applies
for protection. | dlifer from this opinion. Nei'
Their the trainers Of The constitution nor the
Congress- Of l5o5 were guilty Of so gross an
omission in their provisions for The ha'ioia'
safety. ,
Bv cla,ts,. 81 Of section NH Of article ist "i
the Constitution, the States are deprived o! Inc
power, without the consent Of Congress, 10
bfrp troops or shi~ gi' "ar IN fimG q |ea'I'
or IN cagage ia Jrd., aEl.ss a"t'"tLE '"r"Ie,,
ar IT, such imminent tt"Yfr w "H nal """'''
IF deLay." -,
" of preparation for defence, 1t Is provided
IN section I,h OF article 9TH, dat IN" f"'I:a
STATE. shaN guarantee 10 r"'ry state IN m1
Taion a Esi~6iirm" .I"rm ef g"rcrnme"t, a""
,haN protect earA 81 N~" against '"'"s'o":
and on application Of the Legislature, or OF The
Executive when the Legislature cannot be
convened ngoa,st d"m,st;c c~iot,ncs.' -.
Now, il is readily CONCEDED. "tnifcd States
here is TO he taken as Synonymous with the
words ":EC Cslyrf~.." The clause is III jnXta-
~position with clauses defining the powers c!
I'm, Coaqrcss." And if they were ROT, by tn"
Is,n clause Of section Sth OF article LIST, To
"ibr Conqrea," i given the power ~" maxi all
law. which shall be necessary and proper nor
-, --,t',' = ,lyD ;nu'pr. ard
all other powers vested in the government OF
the United States. or in any department or Oil
Ger thereof.
This duty and power then OF guaranteeing
protection Ia every State against INVASION, Dc
longs unquc>tionahly 10 C"ngrrsS. Las Il cN'
erci>ed the power: 1t has. Thus:
othe Congress also is given tn" power 20
raise and ~sntJ'"5t 1Tmi|s, ana 70 pro'Iue anu Nv,
maintain A navy" and these are called SI,':ia'
Is. '.thc land and hawai- force nj The 'ni'e"
states
| prcsu.ae thai! no one vii! sainsay nhs pro,
rosition that the chief object Of these land
and naval forces is so suppress 'n'lTr"c''"h'
and to repcl inNa,tons.' =.
Bnt IN sdIillon 10 these powers, another !,
specially added: TO provide ior r'',"g 'Grfd
III. militia 10 execute the laws o! The taioil,
suppress 'n>"rrrr'i"n> Nv :TPa s;', ,,,o, ,he
regular army and navy Of the United State
NAV not be ordered TO execute The laws 81 III,
Union and to suppress inSurrectinhs anu rrle
inyasions. without calling forth the militia ~
though the militia may be called i"r'h I" e"'
cute The same purposes.
lh'| grantee, 'he Io"s md
laws: Isl, 10 raise afi',es' W ~ H.
maintain a navy. d Wei ~ ""H !" ''"
iolth the militia. :.
And then, by article 2I'h' '"1 r's.'"''' !
vested with tito EL'c"'sfd l""'r. lie - swnrf
faithfully to execute The Office OF President
and to the best Of his ability, In preserve pro
tect and defend tina Constitution ol The nlec
States and lie is made Commandcr-ln-Ch'"i o
the army and navy Of the lmied states am
cr the militia Of the several States. wheh calIc'
into the actual service Of the United States
ahih, sAnY take c'r' mat Tie "'"S "' .t'""
fuHv t~Jt,gici.
Now to revert 10 the iiir section "T the ~
article:
In this section. there are lw" things aSl'n,'
wlie!, the United States guarantees protection
=. To frery State:
1st. against :. G"nh,;on.' Not one Kind "
invasion or anothcr, but simply INFUSION o
i all kinds from every quarter NIL no 1ppticr
t.,n c,r ,,y,to.Ii,. is required against "inva
sion" Whenever il CONES. however il comes
it i, 10 he protected against. The word itScl
impurt, fore from ~t'h"Ht-any force iron
w,,bou, the State invaded, whether from for
eipn country. or alien enemies or Indian tribes
il Is confined to 40 particular invasion. .Ant
.,,,n.f hi, the President has the means. pro
yi,;.d liz Congress in the laws raising and pro
yid;no n standing army ard navv-thc lanc
.rI n,vel forces of the United States, which
rncd NOT he called forth" but are armies al
ready r.i,el ard standing, and u navy ALREADY
.Dr0f;Isa amR mnini1iaei.'' The President
* communicative chief of these, and may order
t them 10 rcpel actual INVASION, as they are al
ready in actual service without being called
forth" And he IS surely as much bound Il
execute the Constitution rs the stdtutcs o.
l,oncrrss 1.-The laws" 10 be executed. EN-
brace both. and he has the means to execute
ho,h provided IN he statpies for rais.nJ ar
m;:,, mi ;.,.f.Iy;zg II a0rv, az reN Us n III.
L,,y rIE,, t;rib lie m1jii0.
Eu, to uro,oel
,rl TN. second ;lin, that every State is I,
-. protected orainSt * ".20mrsfie ciohlac(.'
Tb.s, words ;,nnnrt force from within-a 10
,,,,t.c force. acting in rebellion or instruction
ne oh.,ruc,ion If the laws. uyaiust the State
r.. ;r,crn,sc oyaipst Ibis, there must he an ap
,;c.,io,, IF D,. LEGISLATURE. or of the Exccn
I..a, ,h, c,.t. ,,I., ,bc c,sla,rrc cannot
T., cony.n.J
And under this clause Of this section, Spc
o;,i "c,s If F,hru,ry oStb 1875. and of Marcel
anj Isa- La,, L,rn u,sscJ The are wholly
| J;.t,nc, from the law. of Congress raising
ar,n,c, and proyidins a navy. The first clause
Of The LIT section OF the act of 1875 relates tc
/. ;nvo.;nns o; tn. Eh;!,d state. from any
t ,:uejg, aai!.,. ar LT;oR irihr." The 2nC
, clause of tina, scc:iun relate; to "i",hg-citoA
80. :,.,n ,-,;n., m, government thereof
, y, =. Inrnr',ic ,;nlrncc IL or:.,r words
2 ~, =" Y""l.i. -, :, ..invoc;op n
ANU ST. All ,hc I,J section Of the act
"'H "'N a-.r H.. -;