The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1859-12-06


Huf. 70 addition - these powers. another Il
specaeiiy added ITO provide for talysne fgvfk
tne militia 10 execute The laws Of the Unfon
sapPress insurrections and repel inyasions. p
regular army and navy OF the United STATE
may not De ordered to execute the laws Of the
ua oniohs and 70 suppress insurrections and re-
pa IL = .nsssons ~ without calling forth the mfli-
10 execute the same purposes
Tnis granted, the Congress ala pnss the
Avs: tst 70 raise armies, and IL provide ana
ri rih 'n,e ,s n,asy as well as laws for calling
And then, BY article I'd, the President is
xes,eu Win Ire execufire powsy He ID sworn
IatinfuIiy 70 execute the Office Of Pres jacuf.
tsct - ~ u nis aoiiity 70 preserve pro-
osates and he is made commander.in.chief
OF the army and navy of the United States
ana . o. .ne militia Of the several States, when
States and he shall take care tkot ~. io,rs ~
faithfrify exseHfsd.
article: - '''o - "a
In This section, there are two thinc. .o.,r.,
which the United States guarantees prnfar ,io,,
to ereyy State: = : 80 -o-1 -
LIST, against "inrnsion." Not one kind Of in
vasion or another, but simply "inrasion, of
all KINDS from every quarter; and no appf;ea.
fioa for nrotectios is required against Z inva-
sion. whenever it comes, however it comes
II Is to be protected against. The word itself
imports Io,es from tcifhont-any force from
wItnout the State invaded, whefher from for
etgh country, or alien eremies or Indian
tribes 1t is confined to NO particular inya-
sion. And against this the President has the
means, provided by Congress in the laws rails.
ing ana providing standing army and navy
the land and naval forces of he IT, s.. which
need not be SCALED forth, bat are armies al.
ready raised and standing, and navy already
proc'Hsd and Hatnfained." The President is
commander. ii in-rh pf NJ
them to repel actual INVASION as they are al
ready In actual service without being SCALED
forth. And he is surely as much bound to
execute the Constitution as the statutes ri
Congress. The laws" to be executed EN-.
brace both, and he has the means to execute
ootn provided in the statues for raising armies
ana prorfd,Hg nary, as ,reU az in the lars
calling forth the militia.
But to proceed:
I'd The second thing that every State is to be
protected against is ado,. sic piofenrs., These
WORDS import force from within-a domestic
force, aching i'll rebellion or Instruction or
obstruction of the laws, against the State. To
interpose against this, there must be an appIi-
cation of the Legislature or of the Executive
OF the State when the Legislature cannot be
convened.
Aud under this clause of this section, special
acts OF February 2sth, 1895, and OF March Sd,
| ieof, nave been passed. They are wholly dis
mnc from the laws OF Congress raising armies
| ana providing navy. The first clause Of the
| nrst section Of .he act of 1875 relates to inva
sion OF the United States IS from any foreign
nation or Indian tribe The second clause of
| ehat sectlon relates to " fnsHrrection in any
State against the government thereof ,, &c 10
| domestic Violence" in other words and
| not expressly or impliedly to "inyasion of
| any STATE. And the second section of the act
| reates 10 oostrucuons of the laws of the Uni.
| led States, and not of any State. And The
wnoie act, SO far as relates to the States is a n
act to provide for calling forth the miiitian to
| upp,.ss uonest,e violence, and not for COM
1 IVA faro
| actual service against "invasion., Jurasfou
| of any State as IN fact iarnsfon of tho Uuit,d
States. And the act of 1897 applies expressly
| 10 cases only of "insurrection or obstrnctian
| to the laws either of the Unlted States. or an v
| individual State or Territory. And if The
| Presidents construction of his power be cor.
| rect, this act, which was intended undoubt.
edly to extend the act of 1906 and enlarge its
| provisions, would operate to restrict and
| contract its provisions. He could not ust
| such part of the land and naval force of tn.
United States as shall be judged necessary by
| him, without having first observed ali RI,
prerequisites of the law for calling forth til,
| militia These acts, in a word, do not in wore
| or meaning apply to cases of ssinvasinn OF
| State,' but so far as State is concerned, t,
| cases only OF domestic Violence and wher,
| the militia are called forth on application O
| the Legislature or of the Executive of III,
| Stale Iebelled against.
| Here there was no "insurrection :" no cas-,
| of force from within. Invasion was threaten
| ed from without, by citizens of one Stat,
! against another State. I is monstrous to sa,
| that there is nothing in the Constitution or
laws guaranteeing protection to a State In
| such cases. The Constitution is express /
| needs. in fact, the laws only which have beer
passed-the laws of the army and the navy O,
| the United States, and the laws for calling
| forth the militia. TO execute both Of thec clauses
| OF protection guaranteed by the Cons tituifOn
| to "every State of the Union" The men ot
/ 1895 made no such gross omission They un.
derstood their work too We'll for that. And
| what spectacle The United States would have
| presented, il on the second an army Of fanat-
| les had invaded Virginia to rescue felons lie.
| gally conyicesd, ,Antira bloody battle had been
| joined, and the United States land forces Il,
Harper's Ferry had stood neutral spectators
| guarding only the United States arsenal, and
| playing posse coaiitatas TO a United States
| marshal, but not allowed to aid the execution
| OF the laws of State or to repel invasion, be-
| cause the United States were not invaded iron
a foreign country, or by Indian tribes" The
| bare statement is revolving to the 4th section
| OF the fourth article of the Constitution guar
| anteeing protection TO every State against ia-
| rassoa to every statute of Congress raising
Land and naval lrct 8 of the United States; tc
| all the ends and purposes of those laws and to
| peace; to the oath aud executive office of the
| President OF the United States to preserve
To protect and defend The Cons tuition and L.
| see the laws faithfully executed.
| Such are my views of the Constitution and
laws. The views of the President, it seems
| are different notified him OF just appre.
ueHStOn tHdt tHls state was threatened with
iacaSion by predatory border war, to res.
cue prisoners convicted of high crimes and
| felonies, and to seize our citizens as hostages
and victims in case of execution of the crimi
mails, proceeding from several surrounding
States.
He answered. that sit would seem aluos,
| incredible that any portion OF the people OF
| the States men toned, should be guilty of the
atrocious wickedIess as well as folly of al :
tempting TO rescue convicted traitors and mur-
derers from the penalty due To their crimes
| under the outraged laws of Virginia.
reply to him, through you, gentlemen, that
| it is strange this should seem Incredible
when the very convicted traitors and mur-
derers'' We're portions of the people OF the
States mentioned, achohad just bega coneicted Of
'H-uding our border and seizing United States
der against both the State aud the United
States authority. And / surely may be al
lowed latitude for acting on the mass of in
formation have received, of renewed inya.
sion, when perhaps pardonable inatteption at
Washington to warning Of the murder aud
treasop ar Harpers Ferry, left an arsenal and
q people defenceless against that invasion!
did not call on the President to protect
Virginia, and would not do So / nppYisea him
Of appysheasions .'ia order that he might I ks
Steps TO prsserre peace tsswssa the Sfatss.;' had
called ont our own militia, and rhey are a
thousand fold ample to defend their State
They have had not utonly to guard their own
r rdar hut to guard in part the arsenal of the
United States The President has, however,
manifes Ted a cheerful and cordial'' disposi-
tion to defend the place eedsd 10 the United
States at Harper's Ferry: he sent = small guard,
as soon as informed that il was unguarded, and
has reinforced that guard, mot only ro pro-
tect the pubic property clearly trithin fsd,ral
jurisdictions. bnf To prevent Lhs insurgents from
sei=ing the arms in The arsenal at III place. and
| using them against the troops of Virgiuias-
sBesides !. he says, "it is possible the addition
| al troops may be required to act as posse
| eomifafas on the reqKisifion Of The marshal Of
ihs United States fox the rssfera district Of Yn-
giaia, to prertaf TIE rss-He of Sfsrtas, now in
| his custody. charged with the crime of high
| treason