The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1860-03-06
SPEECH OF
SENATOR s. A. DOUGLAS.
on THE INVASION OF STATES; AND HIS
REPLY TO MR. FESSENDEN.

DELIVERED IN THE I. s. SENATE, JANUARY %, 1860.
The hour having arrived for the consideration of
the special order the Senate proceeded to consider
the following resolution, submitted by Mr. Douglas
on the 18th inst
Resolved That the Committee the Judiciary be
instructed report bill for the protection of each
State and Territory of the Union against invasion by
the authorities inhabitants of other State or Ter
rorv: and for the suppression and punishment {" con-
sprces combinations in State or Territory with
intent 10 invade assa modest the Government in
habitants property institutions of any other State
or Territory of this Union.
Mr. Douolas Mr. President on the 25th of No
vcmbor last, the Governor of Virginia addressed
IN official communication to the President of the
United States. in which he said:
~ have information from varous quarters, upon
which rely that conspiracy of formidable extent in
mranz and numbers, is formed in Ohio Pennsylvania
New York and other States, to rescue John Brown and
his associates prisoners at CharlcSOwn. Va. The in
formation Is specific enough to he reliable. \ : K
Places in Maryland Ohio and Pennsylvania have been
occupied as dcpots and rendezvous by these despera
does and obstruccd by guards otherwise, to invade
this State and are kept in continual apprehension
from fire and rapn" apprZc yOu OF these facts in or
der you may take steps to preserve peace between
the States"
To this communication. the President of the
United States on the 2Sth of Nov. returned a
PLY. from which read the following sentence
Il am at loss to discover provision in the Con-
stutiou laws Of the United States which would au
thnrzc me 10 take steps for this purnose" THAT is,
to pr"ecrvc peace between the States.
This announcement produced profound impress
sion upon the public mind and especially in the
sayrholan@ States. 1t was generally received
AMI regarded an authoritative announcement
that the Constitution of the United States confers
no power upOn the Federal Government to protect
each of the States Of this Union against invasion
from the other States. | shall not stop to enquire
whether the President meant to declare that the
existing laws confer authority upon him. that
the Constitution empowers Congress to enact no
laws which would authorize the Federal interpo-
sition to protect the States from invasion; my OBJ
cct is to raise the inquiry. and ask the Judgment
of the Senate and House of Representatives the
question, whether it is not within the power of
Congress, and the duty of Congress, under the
Constitution to enact all laws which may be neces-
sarv and proper for the protection of each and
every State against invasion, either from foreign
Powers or from any portion of the United States.
The denial of the existence of such power in
the Federal Government has induced an inquiry
among conservative men-men loyal to the Con
stituton and devoted to the Eniun-as to what
means they have of protection, if the Federal Gov
ernmcnt is not authorized to protect them against
external violence. 1t must be conceded that no
community is safe, State enjoy peace or
prosperity, or domestic. tranquility, with security
against external violence Every State and nation
Of the world outside of this Republic, is supposed
to maintain armies and navies for this precise pur
pose. 1t is the only legitimate purpose for which
armies aud navicS maintained in time of peace.
They may be kept up for ambitious purposes, for
the purposes of aggression and foreign war; but
the legitimate purpose of military force in time
of peace is to insure domestic tranquility against
violence aggression from without The States
of this Union would possess that pvwer, were it
not for the restraints imposed upon them by the
Federal Constitution. When that Constitution was
made, the States surrendered to the Federal Gov
ernmcnt the lower to raise and support armies,
and the power to provide and maintain navies, and
thus not only surrendered the means of protection
from invasion, but consented to prohibition upon
themselves which declares that State shall keep
troops or vessels of war i'll time of peace.
The question now rccurs, whether the States of
this Union in that helpless condition, with
their hands tied by the Constitution. stripped of all
means of repelling assaults and main tanning their
existence, without Il guarantee from the Federal
Government to protect them against violence. If
the people of this country shall settle down into
the conviction that there is no power in the Fed
eral Government under the Constitution to protect
each and every State from violence from agcres-
sion, from invasion, they will demand that the
cord be severed, and that the weapons be restored
10 their hands with which they may defend them
selves. This inquiry involves the question of the
itiIttuliS oI lie mon. he means OF defence,
the means of rcpeng assaults, the means of pro-
vIdIng against invasion, must exist as condition
of the safety Of the States and the existence of the
Union.
Now sir, | hope to be able to demonstrate that
there Is no wrong in this Union for which the
Constitution of the United States has not provided
remedy. | believe, and hope shall be able
10 mal"tain that remedy is furnished for every
S wrong Wn'CN can he perpctratcd within the Union
L Tue Teuera Government performs its whole
DUTY. think 1t clear, on a careful examination
OF the constitution, that the power is conferred
upon Congress hr> to provide for repelling inva-
sion from foreign countries; and secondly fo rro-
tect each State of this mon against ipvas;on from
any other State Territory or nI,co yr;tbin +bo
jurisdiction of the United States will fr-t t,nl
your attention, sir, to the power conferred mon
Congress to protect the United States-incIn,Ino
States Territories, and the District of ColnmhiS
including every inch of ground within our EmitS
and urisdiction-against foreign invasion Tn
the eighth section of the first article of the Com
stltutlon, you find that Congress has power
TO raise and support armies; to provide and main
tam Navy to make rules for the government reg
uton OF the land and naval forces: provide for call
ing OFlh tue militia to execute the laws of the Union
suppress insurrectiouS and repel invasions."
These various clauses confer upon Congress DOW
er to use the whole military force of the country
LOT the purpose specified in the Constitution They
siall provide for the execution of the laws of the