Delaware inquirer. (Wilmington, Del.) 1859-18??, 1860-02-04

country hBhlnst INVASION IRON foreign nation
having thus been specifically conferred, th
trainers of the Constitution then proceeded 4
make guarantees for the protection of the sew
oral States by Federal authority, will rca,
the fourth section of the fourth article of IT,
Constitution.
"Tho United States shall guaranty to every State in ii
Union republican form Of government and shall prntcc
each Of them against invasion; AMI application Of til
Legislature or Of tho Executive, (when the Legislature
| cannot DO convcned) against domestic violence"
That clause contains three distinct gnaran
tees first the United States shall guaranty L
every State in this Union a republican, form o
government; second, the United States shall
protect each Of them against invasion; third
the United States shall, on application of the
Legislature, or Of the Executive, whenJho Leg.
islaturo cannot be convened, protect then
against domestic violence. Now, sir, submit
to you whether it is not clear, from the very
language of the Constitution, that the clause
was inserted for the purpose of making it the
duty Of the Federal Government to protect each
of the States against the invasion from any
other State, Territory, or place within the ju-
risdiction of the United States? For what other
purpose was that clause inserted? The power
and duty of protection as against foreign ma
tions had already been provided for. This clause
occurs where there is guarantee from the U.
States to each State, for the benefit of each
State, for the protection of each State, and ne
cessarily from other States, inasmuch rs the
guarantee had been given previously al against
foreign nations.
If any further authority is necessary TO show
that such is the true construction of the Con-
stitution, IL may be found in the forty-third
number of the Federaist, written by James
Madison. Mr. Madison quotes the clause of
the Constitution which Ihave read, giving these
thraf. r,ta affair thn ma
guarantyng to each State a republican form of
government, proceeds to consider the second,
which makes il the duty of the United States
to protect each of the States against invasion.
Here is what MIR. Madison says on that subject;
"a protection against Invasion ia due from ary society
to the parts composing H. Tho latitude Of the expression
here used seems to secure each State only against for
egn hostility but against ambitious yndiotyc enter
prses Of ts powerful neghbors The history both of
ancient and modern confcdracies proves that Tho weaker
members Of tho Union ought not to DO insensble to the
policy Of this article"
This number of the Federalist, like all the
others of that celebrated work, was written af-
ter the Constitution was made, and before it
was ratified by the States, and with view to
securing its ratification: hence the people of
the several States, when they ratified the in
strument knew that this clause was intended
to bear the construction which now place
upon it. It was intended TO make it the duty
of every society to protect each of its parts; the
duty of the Federal Government to protect each
of the States; and, he says, the smaller States
ought not to be nsensible to the policy Of this
article of the Constitution.
Then, sir, if il be made the imperative duty
of the Federal Government, by the express pro-
vision of the Constitution, TO protect each of
the States against invasion or violence from the
other States, or from combinations of dospera-
does within their limits, it necessarily follows
that il is the duty of Congress to pass all laws
and proper to render that guarantee
efectual While Congress in the carly history
of the Government, did provide legislation,
which is supposed to be ample to protect the
United States against invasion from foreign
and the Indian tribes, they have |
failed, up to this time, to make any law for the
of each of the States against inva-
sion from within the limits of the Union. lam
unable to account for this omission; but pre-
sumo the reason is to be found in the fact that
no Congress ever dreamt that such legislation |
would ever become necessary for the protection |
Of one State of this Union against invasion and |
violence from her sister States. Who, until the
llarper's Ferry outrage, ever conceived that |
American citizens couldbe so forgetfnl of their
duties to themselves, to their country to the
Constitution, as to plan an invasion OF another
State, with the view of stirring up selvi in
iurrection, murder, treason, and every other
crime that disgraces humanity? While, there
fore, no blame can justly be attached to our
predecessors in failing to provide the legisla-
ton necessary to render this guarantee of the
Constitution efiectual; still, since the expert
pnce of last year we cannot stand justified in |
omitting longer to perform this sacred duty.
The question then remaining is, what lcgis- |
ation is necessary and proper to render this |
of the Constitution eifectual? lpre-
sume there will be very little difference of
opinion that it will be necessary to place the |
whole military powerof the Government atth
disposal of the President, under proper guards |
md restrictions against abuse, to repel and sup
press invasion when the hostile force shall be |
lctnally in the field, But, sir, that is not suf- |
icient Such legislation would not he full |
with this guarantee of the Consti-
tuition. The trainers of that instrument meant |
more when they gave the guarantee. Mark the |
difference in language between the provision |
Tor protecting the United States against inva-
sion and that for protecting the States. Whtn
it provided for protecting the United States, ii |
3aid Congress shall have power to repel inva-
sion. When it came TO make this guarantee to |
The States it changed the language and said |
The United States shall protect each OF the
States against invasion. In the one instance,
The duty Of the Government is to repel; in the |
other, the guarantee is that they will protect.
In other words, the United States are not per-
mitted to wait until the enemy shall be upon |
your borders until the invading army shall |
have been organized and drilled and placed in |
march with view to the invasion; but they |
must pass all laws necessary and proper to in
sure protection and domestic tranquility to I
each State and Territory of this Union against
invasion or hostilities from other States ana
Territories.
Then, sir, hold that it is not only necessary |
ousc the military power when the actual case
OF invasion shall occur, but to authorize the
judicial department of the Government to sup |
press all conspiraces and combinations in the
several States with intent to invade State, or
modest or disturb its government, its peace, its
citizens, its property, or its institutions. You
must punish the conspiracy, the combination
with the intent to do the act, and then you VIII
SUPPRESS it in advance, There is no principle
more familiar to the legal profession than that
wherever ii is proper to declare an act to be u
crime it is proper to punish conspiracy OF
combination with intent to perpetrate the act
Look upon YOUR statute-hooks, and presume
YOU will find an enactment to punish the coun-
terfeitnc of the coin of the United States and
then another section to punish man for hav-
ing counterfeit coin in his possession ~ ~
tent to bass it; and another section ~ n"n'h
him for having the moulds, or dies O ii.sifi'-
ments ar connterfeiting, with intent to use
them Mis- is familiar principle in lcgisla-
tive and Judicial proceedings. II the act OF in
vasion II criminal, the conspiracy to invade
should n 40 be made criminal. II it be unlaw-
full and Illegal to invade State, and run OF
fugitive saves, why not make it unlawful to
form consoiracies and combinations in the sew
eral Statelwith intent to do the act? Wehave
been told hat notorious man who has re-