The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1860-02-08

1
failed, up to this time, to make any law for
the protection of each Of the States against
invasion from within the limits Of the I'm.
ion. am at loss how to account for this
omission. presume that the reason is to
be found in the fact that no Congress ever
dreamed that such legislation woud, at any
time, become necessary for the protection Of
one State of this Union against invasion and
violence from its sister States. Who, until
the Harper's Ferry outrage, ever conceived
that American States could be so forgetful
Of their duties to themselves, their country,
and the Constitution, as to plan an invasion
of another State with view OF stirring up
servile insurrection, murder, treason, and
every other crime that disgraces humanity
While, therefore, no blame can justly be at
tached to our predecessors for their failure
to provide the legislation necessary to rem
der this guarantee Of the Constitution effect.
ual, still, since the experience of the last
year, we cannot stand justified in emitting
longer to perform this sacred duty.
The question remaining. then, is to know
what legislation is required TO render this
guarantee of the Constitution effectual.
presume there will be very little difference
of opinion in respect to the necessity of plac.
ing the whole military power of the Govern.
ment at the disposal of the President, under
proper guards and restrictions against abuse,
to repel and suppress an invasion when the
hostile forces shall be actually in the field.
But, sir, that is not sufficient. Such legisla-
ton would not be full compliance with
this guarantee of the Constitution. The
trainers of that instrument meant more when
they gave the guarantee. Mark the differ
ence in language between the provision for
protecting the United States against inva-
sion, and that for protecting the States.-
When it provided for protecting the United
States, 1t said, "Congress shall have power
TO repel invasion ;" when it gave this guar.
antee to the States it changed the language
= and said, "the United States shall protect each
| VI lil6 hBdllSL lutdSIUus HI LilG Uuo
instance the duty of the Government is to
repel in the other, the guarantee is that it
will protect. In other words, the United
States are not permitted to wait until the
enemy shall be upon your borders until the
invading army shall have been organized and
: drilled and put on the march, with view tc
invasion, but they must pass all laws nee
essary and proper to insure protection ant
domestic tranquility to each St'te and Ter
: rtory Of this Uuion against invasion or hos
J tiity from other States or Territories -
: Then, sir, hope it will not be necessary tt
1t use the military power to repel any such in
vasion if we authorize the judicial department
u of the Government to suppress oil conspira
l. cies and combinations in the several States
l. with intent to invade State, or modest o
II disturb its Government, its peace, its citi
J. zens, its property, or its institutions. Yo
IL must punish the conspiracy, the combination
~ with the intent to do the act, and you vii
suppress it in advance. There is no princ
nt pie more familiar to the legal profession tina
}" that wherever it is proper to declare an az
'e to be crime, it is proper to punish cor
s. spiracy and combination entered into for tn
j. purpose of perpetrating such act.
H. Look upon your statute. books, and thin
III you will find an enactment to punish tn
re counterfeiting of the coin of the Unite
Cd States; one section of which provides for Il
'e' punishment of q man having counterfeit co
!" in his possession, with on intent to pass il
ne and another section for having the moul
90 die, or instrument for counterfeiting, vii
VI intent to use them. This is q familiar pri
ue ciple in legislative and judicial proceeding
oe If the oct of invasion is criminal, the CO
a. spiracy to invade should also be criminal.
lr' If it be unlawful and illegal to invade
~ State, or to run off fugitive, why not NAL
&c it unlawful to form conspiraces and cor
III baations in the several States with inte
u to do the act We have been told that
'c, notorious man, who has recently suffer
'u death upon the galows in Virginia, boaste
A'' in public lecture in Cleveland, Ohio
'o' year ago, that he had then in existence
organized body Of men employed in runui
0"' off horses belonging to the shareholders
,ed Missouri from that State and pointed Il
nst livery stable in Cleveland which was full
or the stolen horses at that time. think Il
.ui within our competency, and 'consequen
AK that it is our duty, to pass law, making a
in. combination or conspiracy, in any State
Territory of this Union, to invade anotI
b with intent to steal and run off property
el. any kind, whether it be negroes or hors
sti. into another State, crime punishable
led indictment of the conspirators in the Uni
inc States courts, as we'll as confinement in I
the prisons or penitentaries Of the State or T.
ru- ritory where the conspiracy may have be
to formed. Sir. would carry this provision
up. the law as far as our constitutional pow
uty twill reach. would make it crime to fo
rts, conspiracies with view of invading Sta
de- or Territories TO control elections, whetl
the they be under the garb of the Emigrant 4
, to Societies of New England, or the Blue Lot
on. Fes Of Missouri. [Applause in the galerie
utylzIn other words, this provision of the Cons
ess tuition means more than the mere repelli
ach of an invasion when the invading army sh
,co cross the horders of the State, The langus