Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-02-14
INVASION OF STATES.
II TIE SENATE, JAxUARY "a, 1860.


But the Senator from Mississippi does not
4 know what my object was in bringing in my
re-olutiOn. The resolution upon its face states
is Obiects-tO protect the States against inya-
SION and to furnish the legislation necessary
for such protection, for the reason that it is
admitted there is no such legislation now as
authorizes such protection. Then, it is said.
why send il to the Judiciary Committee in
stead of the select committee of investigation
on the Harper's Ferry invasion? stated that
the other day In my speech. / had under
stood, although not In the Senate at the time,
that the chairman Of the select committee had
expressed doubt Of the constitutional power
of Congress to provide such legislation. If a
select committee to inquire into the facts had
been constituted ~ to leave doubts of the
power, desired to send the question to the
Committee. the standing committee
of this body, organized and selected because Of
IT. supposed legal learning and its capacity TO
Judge whether or not the Congress had that
8 power believe the power exists; / believe
lt Is clear; and | want the Judgment of the Ju-
q dietary Committee, the regular committee of
this body, on that point; and that is the reason
why proposed to refer it to the Judiciary
Committee. L have no objection. if Senators
prefer 1T, that it should go to the committee
on the Harpers Ferry outrage; but clearly
would rather have report from committee
that had not prejndged the question before ar
gument, whose chairman had not committed
4 himself In debate, than one who had done So
L know the pride of opinion Of gentlemen upOn
4 questions when they may have expressed or
intimated an opinion without due reflection.
Mr.; Dayls-WIth the permission of the Sen
ator, be asserts what does not exist The com
mittee are not committed to any opinion on the
subject. L do not think there is a member of
the committee who has ever entertained Il
doubt of the power of Congress to legislate to
prevent the invasion of State from any quar-
ter, except doubt expressed by the chair
IN LChI IRh han, H.
brought up. L am sorry that he is not here.
If he were hero. L think he would say he en-
tertsined no longer doubts on that point.
Mr Hunter--I think it was a mere doubt
that be expressed.
Mr. DaVis-It was mere doubt, and COM
mltted him TO nothing.
Mr. Douglas.-I am delighted to hear that
there Is not member Of the committee who
-entertainS doubt on this point
Mr Davis.-lt was not necessary to tell it
everybody knewit.
Mr.. DOuglas.Well, sir, that being the case,
II the power Is clear, and If there is not doubt
N the minds of Senators about the existence
Of the power, certainly the intimation that I
vas going to subvert the sovereignty of the
states, by executing clearly granted power
of the constitution, was entirely unnecessary
Nh Davis--That is an unfair inference.
Mr.. Douglas My proposition simply is to
carry out that provision of the Constitution by
federal legislation.
Mr. Davio--lf the Senator will permit me.
y that Is the second time he has quite misstated
my position. For the benefit Of his argument
a he progresses, L will restate it to him. I ar
gued that there was no doubt at all Of the power
cf the Congress to pass laws to prevent the inva-
sion of State. HI could have had no douht
fa1out that; because the word 90 foreign, " whi, h
was In the original draft of the Constitution W.,
Estrleken out. The limitation which he puts mon
lin MS speech Is In the law merely; it is not in
."the ,ohsut9u0n- The constitutional power is
good enough The Congress is 10 make tho laus.
and they have not made law that transferrad
sstne power 70 the President, except in the cases
enumerated by the Congress But. sir nat
power which spoke of, as trampling on the
rights OF the States, was a very different one:
anu must nave been unfortunate, indeed. for
the Senator 50 greatly to have misunderstoo3
= me. spoke of the power he seemed to desire
= TO confer on the Executive to send into a Stat.
TO inquire whether men were there oroani,ad
Tor Illegal purposes, to invade the Soyereiontv
OF Stste-nOt to prevent the invasion of =
s@State, but to invade the sovereignty of a
= etate-there to inquire whether ILLEGAL combi
ssnatiOns existed or not made no obiect;on ~
<tne exercise OF the power of the Judiciary.
should be surprised to learn that The iudiciarv
The grand jury of the circuit court or district
4<court OF the United States, could not now tax
SoShlzance OF treason against the Unit ID States
EOvert acts such as the Senator describes
= MIR. Douglss--I should have been nnfnrtu.
nate, indeed, If had left the slightest reason
= Dr any one 10 suppose that | prOposed IN an
fstnorlze the President, with the arm1 or tho
niiiua, to search for conSpiraeics and nnn;sh
Sthem in the States
- Mr.. Dayir.-Or the President with his ooxse
~ Nj DauglaS.-Any military authority.
zsny should have been unfortunate indeed Il
had authorized. from what L said. sucb an
- nferencei but sir. read my speech, and there
10 possibility of drawing such an inference
rom IL. said expressly my object was to
seeohier upon the Judiciary the power to SUD-
pres anu punish the conSpirscies and the com
binations. That intent is expressed on tbo
= face OF the resolution itself-to suppress and
3 punish cOnSplracies and combinations in apv
ota.e OF any territory against any other State
[or Territory; and in my speech / 90 ON 10 az
pam that the mode will be by Indictment in
'n''e0 HlateS courts, and conviction in
s9ose courts, and confinement in the prison
PENCE the senator could not have read nv
HPeeeh ut DC never would have fallen into The
- eIor oi Imposing that the cnnspiracies
- ;,. u.e c"hoinauons were to be put down by the
- But the Senator now usn,s 70
lot, under the existing laws rho iTu;.ei
ta'eS courts have not the right To punish trea-
pa SgalhSt the United States I taka - e.
ahleu they nave; but does this come within
Pc purEleW OF those laws? Treason against
United states Is defined in the Constitu
.hO iOh , inS war sgalnSt them. not
lnroad OF one State to another State hat
,eyylng war against them-against the Un;.
= STATES, against the federal authority. the
o'erung OF the federal authority or the in
hslon OF the United States from foreign
i wer' with view to subyert the TnitsJ
or rebellion in it in levying war 10 sub.
~ the Government and antboritv Of tho
= nited States L spprehend. sir tbs, tho
isialon In this ease is necessary 20 rasnb
. c1nspirscies of one State aeains, anotbsr
+ specified clearly in my srgumsni wha,
eonspiracies were-s consSiracy IN nro
- 70 10 run of negroes or slaves from .nn,bn.
: 'te' OF conspiracy in one State 70 nm ofr
or other property from another -.
reu 10 the boasts Of John Brown in -
re IN Cleveland last year, in which h. . nec rec
LINED TO the world that he had boapp IS
zen organized for the purpose of sts.i;n. y,
prses frcm the slavehold ders in Missouri ans
nnring them of for sale; and he no;n,sS anu ~
30 livery stables in Cleveland wbers ,ho
orses were then exposed for sale / spoks of
omblnations and cUnspirscies with a view %
verpower the citizens of a State at the elec-
lions; 10 control their institutions, or tn suh.
Vert their government, or disturb their people
or their tranquility In any way These were