New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-01-24

States IN then sovereignty gave TO the Federal Gov
uavies. They voluntarily SURRENDERED tho means ~
pro, scon, ard consented to prohibition upon tnem-
selves 10 keep troops or vessels of war in
time a peace. The question recurs whether
tie BATS OF ttis Unon are ~ remain
IA y at hepIess e. edition, with their hands tied and
stripped of Che meas Of reqellng assaults whoat
any guarantee from tho Federal Government Q, pro-
test them sssihst violeLce. Ii the people Of this
coustry are to- settle down ino the conviction that
there's no power in the Federal Government under
the Constitution, protect them, they will demand
that their cords be severed and their weapons restored
TO their bands with which thew msy defend them
selves This INQUIRY Involves the perpetuity Of the
Union. The means Of repelIag assaut ana providing
9gsins INVASION muet EXIST IS copditlon OF safety
aud existence Of the States He hoped to be able 10
cemoDsuals that there Is no wrong in this Union for
Which he Constitution Goes not provide remedy, and
he believed that the Union docs not furnish remedy
for any wrorg which can be perpetraed within the
Union, i'thc FeOofal Government performs It's whole
duty. lie thought it csoar that the power Is
conferred Congress, first, to provide for
tepelmg invasion from foreign countr1es aud,
second TO protect each State vi this Union against
invasion from any other State Territory place
witldn the jurisdiction of the United States He
wished to call attention 10 the power conferred on
Congress 10 protect all the States aud Territories, in
cudiug every inch of ground within limits, sganst
foreign invasion. TIE eighth section, article rst, OF
the Constitution, provides that Congress shall have tue
power &c declare aud regulate the land aud naval
forces of the country and repel nvason; and Con-
gess shall baye the poser of using the whole military
force OF the country for the purposes thus specified
under the Constitution In the ond place, they shall
suppress insuueciion but the insurrecon there re-
ferTed TO was Instruction against the United Staes
nsurreciion against the States being provided for in
subsequent secon. The invasion spoken of was inya-
sion of the United States. They had power 10 re-
pel invasion no matter where the enemy should
land, if anywhere within the jurisdiction OF the
United States. The trainers of the Constitution
then proceeded to make guarantees for tue protection
Ca AntVl nHffh Ffl.
Gle of the Constitution, says the United States shal
guarantee TO all the several States Of this Union
publican form of government and shall protect each
of them against invasion, application, BY the Lsgs
lature or the Executive, against domestic violence
Mr.. Douglas would submit the question whethert
war not cea from the very language OF tue Constltu
ton that that clause inserted tor the purpose OF
making il the duty of the Federal Government to pro-
tect each of the States from invasion by any other
State OF Territory or place within the jurisdiction Of
the United States. For what other porpose could have
been nsertedl The duty of projection against foreign
invasion bad already been provided for ard tns cause
was guarantee from the United States to each state
Tor the protection Of each State against any other
State. II any further authority is needed to chow that
this is the true construction OF the Consttation,
il NAV be found in The old tederallst,
the forty third number of which was written by Mr.
Madison. Mr.. Madison was considering the clause
which makes it the duty OF the United Siaes 10 PFC
tee each State from invasion, and he said toat potec
ton against invasion is due every society from the
parts COMPOSING it, The latitude Of expression here
used 10 each State certainly against open
hostility and against ambitious or vindicnve enter,
prises of its more powerful neighboIs History OF
both ancient and modern COnfederaciee proves thls,
and the weaker members Of the Union ought not TO Do
insensibe 10 this policy. This was written after the
Constitution was made and with view To secure ITS
ratification Hence the people of tue States knew this
clause intended to bear the construction Whlch Ne
Mr. Dougasl now put upon it. Then, II It be made
the imperative duty Of the Federal Government, oy
an express provision of the Constitution 10 protect
each State ag ainst invason or violence from other
States, it follows that it is the duty of Congress
to pass laws render that guarantee efectua While
Congress in the early history Of the Government, dld
Irovide legislation, supposed to be ample, to protect
the United States against invasion from foreign coun-
ties and Indian tribes they have aled up 10 tns Tune
10 make any law to protect the States from invasion
| from within the limits of the Union. lie presumed
the reason for this that Congress never deemed
such legislation would ever become necessary ior the
projection of one State against her sister States; and
who until the Harper's Ferry affair, ever conceived
that the American States could be so forgetul OF their
duty TO themselves and to the country, ana 10 the
Constitution to plan an invasion Of any Other state
with view of stirring up seryile nsurrectioD, mur-
der treason, and every other crime that drSraces
humanity. Though no blame can therefore be
attached to our predecessors, yet, sl1ce the e1pe
rience of last year, we cannot stand justified In
Withholding any longer to perform TINS sacred
duty The question remaining, then, is to know what
legislation is necessary to render TINS guarantee on Tue
Constitution efectual. He presumed there would De
very little difference of opinion that 1t VIII De neces-
sary TO place the whole military power OF the Govern
ment at the disposal of the President with proper re-
srictiops TO sup press such invasion. Bat this 10 not
suicent-such le gislation would not be full COM
pliance with this guarantee Of the Constitution. Inc
trainers of that instrument meant more for marx the
language: when it refers to the United states IL says
Congress shall have power to repel INVASION: but
when they come to make this guarantee to the States,
the language is changed and it says the United States
shall protect each of the States against INVASION In
the ore instance it is the duty of Congress to repel
In the other, they guarantee to protect In otnsr
words the United States not permitted to wait TIL
an invading force has been organized and on the
march. They must pass laws TO insure protecuon
and domestic tranquility to each State and Ter
ritcry against invasion or hostility IRON the otner
States OF Territories of the Union' Inen IL
not only necessary TO use the military power Wne Tue
aetpa case occurs but to authorize the judicial de-
parment to suppress all conspiracies and combinations
In the several States with the intent to modest or ds-
turb its Government citizens, properly or institutions
You must punish the conspiracy with the intent 10 10
tbe act and then it will be suppressed i'll advance.
There is 10 principle clear 10 the legal profession
that whenever il Is proper TO declare an act crime, II
IL proper TO punish combination with the intent TO
commit the act. If you find an act 70 PUNISH man
Tor couuterfetnR the coin Of the United States you
yy;l also find section furnishing man for having 1t
in b,s possession, and also Tor having the toois
with which TO make it. If the act Of invasion 10
criminal, the conspiracy to invade snouio aiso
| be made criminal. II % ulna ,,l ~
wade a State and run of fugitive slaves,
wby not make it unlawful to form conspirac'es
m do III He referred to man lately hung, VINO hsd
boaSed in public lecture that he had run OIL horses
from the State OF Missouri, and pointed W Staoie IN
Ce.eland Ohio filled with the horses. ne tnought
Coponees competent TO pass law to punish consPira-
TORI with the intent to run of any sort OF properly
negroes or horses-and cODine them III prisons III eno
State where the conspiracy was. ne Wouiu caiy
tb;s nripcple out ard make law to punish conspud-
ces 10 carry Territorial elections whether they were
nnder the Garb Of Emig1ant Aid Societies from New
England or Blue Lodges in Missouri. lApplause IN