Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-03-08
SPEECH OF SENATOR DorncI1S

submitted by Mr. DOUGLASS on the 10th inStsnt
ted to report bill for the protection of each Sat- d %
OF Inc Union against invasion by the authorities or
OF any other State Territory. and for tbo s
aa ana of conpracies combinations n
5 the with intent to invade assa or mo
any other State Territory of the Union
last the GoxeEnor Mr. ar resident on the 18th Of November
to the President of the United States IN which he
~ have information from various ouarters nro h,
rely That conspiracy Of formidable extent in means and
nha Is formed in Ohio Pennsylvania New York and
@ 10 rescue John Brown and his associates prs
enen5 At to lar Virginia The information specific
Places in Maryland, Ohio, and Pennsylvania have been
as dep0s and rendezvous by these desperadoes
and uno9SIFuced by guards or otherwise to invade
% anu we are Kept IN continual apprehension outrage
rom hre and rapine apprse you facts in order
States" p''''''0 p'"'e oe'"eeh the
To this the President of the United States
d 4G 19h o. November returned reply from which
or am at Of p to 1 the Consttu
to take steps for this purpose THAT is to preserve
the peace between the States.''l r O
A. tS produced Profound Impression upon
the public mind and especially in the avehoding States
IL was generally received and regarded authoritative
confer no power the Federal Government to protect
each Of the States of this Union against invasion from the
other States. shall stop inquire whether the Pres
dent meant to declare that the existing laws confer no
thory upon him, or that the Constitution empowers
gress to enact laws which would authorize the Federal
nterposon to protect the States from nv object
to raise the inquiry and to ask the judgment of the Sen
whether it not within the power of Congress- and the du
y OF Congress under the Constitution. to all laws
winch may be necessary and proper for the of
each and every State against INVASION either foreign
Powers or from any portion of the United States.
The denial of the existence of such power the Federal
Government has induced inquiry among conservative
nenInen loyal to the Constitution and devoted the I'm
to what means they have protection, the Fed
era Government not authorized to protect them against
external violence 1t must be conceded that community
is sate no State enjoy peace prosperity or domes
tic tranquility without safety against external yiolence
Every STATE ana nation or the world outside OF this Repub
lc supposed TO MAINTAIN this
else purpose 1t the only legitimate purpose for which
armies and naves maintained in time of peace. They
may be kept for ambitious purposes for the purposes
aggression and foreign but the legitimate purpose
military force IN time OF peace to insure domestic tran
guilty against violence or aggression from without The
States of this Union would possess that power not
Tor the restraints imposed upon them by the Federal Cons
tuition When that Constitution made the States
to the Federal Government the to raise and
support armies ana The power TO provide and MAINTAIN
navs ana not only thus surrendered the means OF proec
ton from INVASION but consented to prohibition upon
themselves which declares that State shall keep troops
or vessels OF war in time of peace.
The question recurs whether the States this Union
are IN that helpless condition. with their hands tied by the
Constitution stripped of all means of repeng assaults and
mantang their existence without guarantee from the
Federal Government to protect them against violence. If
the people OF this country shall settle down into the convc
ton that there power in the Federal Government
der the Constitution protect each and every State from
Violence from aggression from invasion, they will demand
the cord be severed that the be restored
their hands with which they may defend themselves. This
inquiry involves the question of the pepetuy of the Union
The means of Defence the OF repeng assaults the
means of providing against INVASION must exist cond-
ton OF the safety OF the States and the existence OF the
Now, sir hope be able demonstrate that there is
wrong in this Union for which of the
United States has not provided remedy. believe, and
hope shall be able to maintain that remedy is furnished
for every wrong which be perpetated within the Union
the Federal Government performs its whole duty think
it is clear careful examination of the Constitution that
the power conferred upon Congress- first to provide for
repelng invasion from foreign countries and secondly to
protect each State OF this Union against invasion from
n' United States will r st' turn your SIR to
the conferred Congress to protect the United
States-includng States, Territories and the District OF
lCOlumbia of
and Observation-Disclosures foreign invasion In the eighth
TO raise and support armies; to provide and maintain
Navy to make rules the Government and regulation
the land and naval forces provide for calling forth
the militia to the laws Of the UnOn suppress nSur
rections, and repel lnVasions."
These upon Congress power to
the whole military force OF the country for the purpose
specified in the Constitution. They shall provide for the
execution of the laws OF the Union and secondly suppress
Instructions. The Instructions there referred to are in
surrectons against the authority OF the United
against State authority being provided for in
subsequent secton in which the United States cannot in
erere except upon the application OF the state author
ties The invasion which repealed by this clause OF
the Constitution invasion of the United States The
language is Congress shall have power to repel lna
That gives the authority to reRR the INVASION no
:, matter whether the enemy shall land within the limits OF
Virginia. within the District OF Columbia within the Terri
tory of New Mexico anywhere else within the Jusdlc
of the United States The power to protect every por
having thus specifically conferred the trainers OF the Con
ton of each Of The States by Federal authority will read
the fourth section of the fourth article Of the Constitution
8 Union republican government and shall protect
each of them against INVASION and, on application OF the
Legislature of the Executive (when the Legislature can
not be cOnvened,) against domestic violence"
This clause contains three distinct guarantees first the
republican governments second the United States
shall protect each OF them against invasion third, the Uni
Executive, when Legislature be pro
them against domestic violence Now, sir submit to
you clear from the very language of the Con
sution that this clause inserted for the purpose Of
u making duty the Federal Government protec
Lear of
Territory, place within the jurisdiction of the United
For what other purpose the clause inserted =
already provided for This clause occurs among
the United States to each State for the
each State for the protection OF each State anc
necessarily from other States nasmuch the guarantee
had been given previously against foreign nations
If any further authority necessary to show tnat suc
the true construction the Constitution may be found
forty third number OF the Feerast written by james
Madison. Madison quotes the clause OF the Consut9
ton which read giving these three guarantees and
discussing the guarantyng to each STATE
can of government proceeds to CONSIDER Inc
which makes il the duty United States protect eacl
of the States against INVASION Here Is what MI osol
protection against invasion due from euey soctel
to the parts composing It, The latitude OF the eApfessio
:; here each State not only against
egn hostility, but against ambitious or yindlctye eneIp
o. of powerful neghbors The history Dot1
and modern confedeaces proves that Inc
members OF the Union ought not to be sensoe 10 ne P0
~ icy of this article - 80 ,. 49,,
II celebrated work, written after the Consuton wa
made and before it was ratified by the States, and VIII
bs several states when thew ratified this instrument
knew that this clause intended to pear tne constuc
ton which now place upon It, II was O M nsr ~ fb'
duty Of the Federal Government to protect eac4 "a Wv
I hS says tine 5s sraoe of e
Of Them sir it made the imperative duty OF Inc Feuea
to protect each OF the States against invasion or Voe
40 from the other States from combinations oil
re to laws and proper to rende
is guarantee eectual While Congress- IN the cary M