Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1859-12-09


and providing a navy. The first clause of tn.
1st section of the act of 1896 relates to invason
! of the United States ''from any foreign nation
or Indian tribe" The End clause of that section
relates to einsuarectaom in any State against The
government thereof" &C., to domestic violence,
in other words, and not expressly or implied,
to ''invasion of any State" And the I'd section
of the act relates to distractions of the laws O
the United States, and not of any State. Anc
the whole act, SO far as it relates to the States
is an act to provide for scaling forth the MALI
tia," to suppress domestic violence, and not fol
commanding the land and naval forces already
in actual service against Invasion" Luasion
of any State is IN fact 5nvasion 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 his power be correct, this
act which was intended undoubtedly to extend
the act of 1876, 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 OF
meaning apply to cases of s'invason 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 OF
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. It is monstrous to say thst there
is nothing in the Constitution or laws guaran-
teeing 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 1875 made no snch 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 OF
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 eomsitatus to United States mar
shall 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 a
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 anvasion to
every statute of Congress raising land and nava
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 o.
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 ''invasion'
by predatory border war, to rescue prisoners
convicted of high crimes and telonies, and te
seize our citizens as hostages and victims in case
Of execution of the criminals, proceeding from
several surrounding States.
He answers, that s'it would seem almost incrsdi-
BILE that any portion of the people of the States
toned, should be guilty Of the atrocous wickedness
as well as folly of attempting to rescue convicted
traitors and murde1ers from the penalty due their
crimes under the outraged laws of Virginia"
reply to hin through you gentlemen, that it
is strange this should seem incredible, when the
very ''convicted traitors and murderers" were por-
tions of the people Of the States mentioned, ,rAo
had just been conuicted Of inuadina oar border, and
Selling United States arsenal, and of perpetrat-
ing treason and murder against both the State and
the United States authority. And surely may
be allowed latitude for acting the mass OF nfor
nation have received, of renewyd invasion, when
perhaps, pardonable inattention at Washington to
warning of the murder and treason at Harper Fer
~, left an arsenal and people defenceless against
that invasion!
ia, and would not do so. apprised him Of appre-
tensions SIN order ha might take steps preserve
peace bet,ceen the States" had called out own
militia, and they thousand fold ample to de-
fend their State. They have had rot only TO guar
their own border but to guard in part the arsenal
ofthe United States. The President has however
manifested a ''cheertul and cordaP' disposition to
defend the place coded to the U. States at Harpers
e. a a infOr ed
it was unguarded, andihas reinforced that guard,
mot only to protect the public property clearly
within federal Jurisdiction, but to prevent the snsur
Sents from seazang the arms an the arsenal at that
place and using them against the troops of Virgin
IL" Besides," he says, cit is possible the addi
tional troops may be required to act as posse
ted States for the Western district Of Virginia, to
prevent the rescue of Stevems, now in his custody,
charged with the crime of high treason"
Then for these obiects-lst, to keep arms Of the
Virginia and 3D. to act as 'posse conitotus" to
United States Marshal, the land forces Of the uni
ted States may be used; but 3d. not to prevent CEN
vasion Of one State By the people Of another State.
And he says he discover nothing any prou;sz
ION IN the Constitution or Taos Of the United States
ahich aoould authorize ham to 'tcbe steps, for the
2epose Of preserving peace betaoeen the States, '6y
guarding places Surrounding States aohich mag be
occupied depots and rendezvous by desperadoes to
anrade Virginia." AS understand his interpre-
tation of the Constitution and laws, he cannot call
f0rth the militia nor employ the lana ana naval
forces of the United States 'for Mis purpose" He
says it is the duty of the respective State govern
ents to break up such depots and to prevent their
citizens from making incursions, &C.; but that #
the Federal Executive to enter these States and
to perform. this duty for then It aooud be manifest
usurpation Of their rights. We're he thus to act 1t
aooutd be palpable iyasion Of State sovereignty,
and as q precedent might prove highly dangerous"
Now, this is doctrine, and teaches even Virgin
ia lesson of State Rights which destroys her
stitutonal guarantee Of protection by the United
States against 'sinvasion" by abolition fanatics from
other States. They are not from any foreign coun-
try, they Indian tribes. The fanatics from
free States, such John Brown and Stevens, he
says in effect, not invading the United States
ehen snvodsna Virginia they are not ''from airy
foreign nation indian tribe" rendering it lawful
for the President to employ the Federal forces to
repel such INVASION
These are alarming doctrines to the invaded
States. And however the argument or the error
may be between the President and your Executive,
this at least is clear, that # am right IN my viecs
of guarantee of protection IN the case before us,
Imminent as itis he, the Executive Of the United
States does not auth me, and acW not enforce
the protection need /; and on the other hand If
he Is right. and cannot legally claim that the
United States shall keep the peace bet,ccen the States
and guarantee one State against invasson from an
other, the Federal Ececutve cannot interpose to
pei or prevent the invasion. In either case we
clearly thrown self dependence. We mast
rely on ourselves, and Jfghttor peace! Sag then
to your tents! Organize and arm!
The constitutional guarantee of protection is
withheld, whilst we are invaded from all around,
will h.