The day book. [volume] (Norfolk, Va.) 1857-1867, 1859-12-12
WASHINGTON CRY, Nov. %.

Sir received on yesterday, your favor
of the 25th inst stating that you have re-
ceived information from various quarters, on
which you rely, "that a conspiracy OF formi'
dable extent in means and numbers, Is form
ed In Ohio, Pennsylvania, New York and
other States to rescue john Brown and his
associates, prisoners at Charlestown, Virgil
MA" The information, you believe, is ''sps-
cilic enough to be reliable" and you are con-
WINGED "fhat an attempt will DO made to res
cue the prisoners, and, if that fails, then to
seize citizens Of this State (virginia) as hos
tages and victims in case of execution"
You do not communicate the facts on which
your convictions are founded, in the absence
of which it would seem almost incredible
that any portion of the people Of the States
MENTIONED should DO guilty of the atroeious
wickedness, as well as folly, of attempting
to rescue convicted traitors ana mnrderers
from the penalty due to their crimes under
the outraged laws of Virginia. You express
entire confidence, in which l heartily parti-
cipate, that the noble old commonwealth Is
abundantly able and willing to carry her
own laws into execution.
Had this been othsrwise, and had you, as
the Governor of Virginia, (the Legislature
not now being in session, made appilcatlon
to me for the aid which the constitution and
laws Of the United States would enable mcc
to afford, this should have been cheerfully
and cordially granted. Still, there is one
measure which, on the presumption that
your information is well-foundsd, it is both
my right andsduty to adopt-!hat Is. to re-
inforce the guard already stationed at Har-
per's Ferry: This may become necessary,
not only to protect the public property
clearly within federal jurisdiction, butlto
prevent the insurgents from seizing the
arms in the arsenal at that place and
using them against the troops OF Virginia.
Besides, it is impossible the additional troops
may require to act as o Pesss coma tatMs, on
the reguisition of the marshal Of the United
States for the western district OF virginia,
to prevent the rescue OF Stevens, now IN ms
custody, charged with the crime OF high
treason. have, therefore, as . precaptl0n-
ary measure, directed t he Secretary of War
to order two companies Of artillery to pro-
ceeed Immediately from Fortress Monroe to
Harper's Ferry.
You also informed nae that "places in
MARYLAND, Ohio and Pennsylvania have
been occupied as rendezvous by those des-
peradors, unobstructed by guards or other
wise, to invade" Virginia, and you apprlse
me of these facts in order that "may take
steps to preserve peace between the States"
| am at a loss to discover any provision in
the constitution or laws OF the United States
which would authorize me to "take steps"
for this purpose. 1t is, doubtless, the i'm
perative duty of the respective State gov.
ernments to break up such depots, and to
prevent their citizens from making incur
sions into Virginia to disturb its peace or
prevent the execution of its laws. III the
Federal Executive, however, were to enter
tn ose States and perform this duty for them
it would be manifest usurpation OF their
rights. Were l thus to act, 1t would be
palpabe invasion of State sove reignty, and
as precedent, might prove highly danger
Gus. .,,..
My authority for calling out the militia,
or employing the army or navy Is derived
exclusively from the acts OF Congress of the
2sth of February, 1895, and the 3rd March,
1907, which, clearly, do not embrace such |
case as is now presented. 1t will not be
that such incursions from one
State into another would be an invasion OF
the United States from any foreign nation
OF Indian tribe, under the act OF February,
1875, rendering it lawful for the President
to employ the federal forces "to repel such
INVASION"
in conclusion, beg to express the nope
hat, whether the information you have re-
,eived be founded ip truth or not, the ener-
setic measures already adoPted Rnder your
direction wild prove sufficient for any emer'
gehcy that may occur.
Yours, Yery respectfully,