The North-Carolinian., 1860-02-25


i Spec Of Senatofss4. Douglas,
lon THkkEsvAsION of STATES: And HIS
i PLY TO MR.. FEssENDEN.
Dezsersdl. I. t1e Senate Of the o. s., jan. %. 1860
The hodt having arrived for the consideration .
the special prder the Senate proceeded to conside
the following resolution, submitted by Mr.. DOUG
LAS on hn46th instant:
/ Resolue1kTha the Committee on the Judciar,
be instruct& to report bill for the protection O
each Statefnd Territory of the Onion against inva
sion by t13authorities Inhabitants Of any othel
Stste or aritory and for the suppression ant
punishmeN9act conspiracies combinations in any
State or tory with intent to invade. assail Of
Imaae<t e sslnaaenf. inhabitantS. property, OF
institution any other State or Territory q ths
| Union.
! Mr. DOUGLAS. Mr.. President, on the 25th of No
vember last the Governor of Virginia addressed an
official communication to the President of the Uni
ed States, in which he said
| II have Information from VARIOUS quarters, upon
which rely, that a conspiracy of formidable ex-
tent, in means and numbers, is formed in Ohio,
Pennsylvania, New York, and other States to res
cue John n.own and his associates. prisoners at
Charlestoasi, Virginia. The information is specific
enough to be reliable.
places in Maryland, Ohio, and Pennsylvania,
have been occupied as depots and rendezvous by
these desPeradoes' and nnoostructed by guards or
otherwise to invade thD State, and kept in
continual apprehension of outrage from fire and
rapine. llpprise you of these facts in order that
you may take steps to preserve peace between the
| To this communication the President of the Uni
ted States, on the 28th of November, returned a
reply, FROM which read the following sentence:
Il am at loss to discover any provision in the
Constitution laws of the United States which
would authorize me to take steps tor this purpose
THAT is to preserve the peace between the States
This announcement produced a profound impres-
sion upon the public mind and especially in the
c1a
regarded authoritative announcement that the
Constitution of the United States confers no power
| upon the, Federal Government to protect each of
the States of this Onion against invasion from the
other States. shall not stop to inquire whether
the President meant to declare that the existing laws
confer nc authority upon him, that the Consti
tuition empowers Congress to enac: no laws which
would authorize the Federal interposton to protect
the States from invasion my object is to raise the
inquiry, and to ask the judgment of the Senate and
of the House of Representatives the question,
the dutyEof Congress, under the Constitution, to
all laws which may be necessary and proper
for tt protection of each and every State against
invasion, either from foreign Powers from any
portion of the United States.
The denial of the existence of such a power in
the Federal Government has induced an inquiry
! among conservative men-men loyal to the Consti-
! tuition and devoted to the Union-as to what means
they have of protection, if the Federal Government
is not authorized to protect them against external
violence. 1t must be conceded that community
is safe, State can enjoy peace. or prosperity, Or
domestic tranquility, without security agairst exter
nal ylolencs Esery tate and nation Of the world
outside of this E1:2blic. is supposed to maintain
=, Isr es s;,ss =, .ad :
ma, 1sss;nsd n time Of peace. They may nay,
be kels g. ambitions purposes of age resson and
foreign e. but the legitimate purpose of militia
ry force ne OF peace is to insure domestic tran
guilty violence or aggression from without.
The States of this Union would possess that power,
it not for the restraints imposed upon them by
the Federal Constitution When that Constitution
| was made. the State surrendered to the Federal
Government the power to raise and support armies
| and the power to provide and maintain naves and
| not only thus surrendered the means of protection
from invasion. but consented to prohibition upon
themSelves which declares that no State shall keen
troops vessels of war in time of peace
The question now recurs, whether the States OF
this Union in that he'll pless condition, with their
hands tied by the Constitution stripped of all means
of repeng assaults and maintaining their existence
without a guarantee from the Federal Government
to protect them agai st violence. If the people OF
this country shall settle down into the conviction
that there is power in the Federal Government
under the Constitution to protect each and every
State from violence, from aggression, from INVASION
they will demand that the cord be severed and that
the weapons be restored to their hands with which
they may defend themselves This inquiry invol
| YES the question of the perpetuity of the Union
| The means of defence, the means of repelling as
saults, the means of providing against invasion
must exist condition of the safety of the States
and the existence of the Union.
Now, SIR | hope to be able to demonstrate that
| there is wrong in this Union for which the Con
stitution of the United States has not provided
remedy / believe, and hope 1 shall be able te
maintain, that remedy is furnished for every wrong
which can be perpetrated within the Union, if the
Federal Government performs its whole duty.
| think it is clear, careful examination of the
Constitution, that the power is conferred upon Con
gress first, to provide for repelling invasion from
foreign counties and, secondly, to protect eacf
State of this Union against invasion from any othe
State Territory, or place, within the jurisdiction
the United States. will first turn your attention
| sir, to the power conferred upon Congress to pro
tect the United States-including States, Terrific
res and the District Of Columbus including every
ipch of ground within our limits and jurisdiction
the~hxst article of the Constitution, you find thai
Congress has power
To raise and support armies to provide and
maintain Navy to make rules for the Government
and regulation of the land and naval force to pro
vide for calling forth the militia to execute the laws
of the Union suppress instructions, and repe
invasions."
These various clauses confer upon Congress pow
to use the whole military force of the country fo,
| the purpose specified in the Constitution They
shall provide for the execution the laws of the
Union and, secondly, suppress instructions The
| instructions there referred to instructions
against the authority of the United Statcs-insur
rections against State authority being provided
for in a subsequent section, in which The Uniteo
States cannot interfere, except upon the application
of the State Authorities. The invasion which is t