Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-01-04

n a
sLaV BE- lacfM foy the President de-" His authority
is confined to calling forth the miia and in the last
instance limited TO the expiration of 30 days after the
commencement of the next session of Congresshowng
that Congress asserted the power not merely of calling
the militia out but also of calling them to their homes
This act let il be observed nearly cOtemporaneous
with the adoption of the Federal Constitution
And by the act of Sd March, 1907 it is declared
that Gin all cases of insurrechon obstruction to the
laws either of the United States, OF particular
State or Territory where 1t is lawful for the President TO
U forth fbs militia for the purpose OF suppressng such
nsurrecton or of causing the laws to be duly executed
il shall be lawful for him to employ for the purpose
scb mart of the land or naval force of the United States
as shall be Judged necessary he having first observed all
the prerequisites of the law in that respect.
II is singular oversight in this act that is not made
lawful for the President the regular force in any
case of invasion whatever, and still singular that
no authority is given him by any law use any part of
the military force to repel invasion of State 10y
co-Stae by citizens OF the United States The Gov
ernor tells us Iurdsi0R Of any State IS in fact rasO
of the United States :" aud undoubtedly in many
ses posibv in all il may be regarded. Still the act OF
1907 as already sad applies to no case Of nudson what
ever but only to insurectOns and Instructions of the
laws of the land and the act Of 1885, il confined not
only to invaSiOns OF the OHed States W foreign nations
or iy Indian tribes, but to invasion.
II is hardly credible that in passing laws to create
army or navy Congress should have intended the en-
poynent of either for any such purpose as that indicated
the Hau tins Deen so, MOllu nO some al
mson have been made TO such use? Some restrictions
imnosedg Some direction given whether the federal
forces should be SO employed at the instance of the Gov
eruor or of the Legislature Of the State endangeredOr At
the discretion mere motion ot the PRESIDENT would
not the character of the offence OF the invaders and
spiraors have been defined and their punishment pre-
scribed we're all these thiugsclearly withn the PROV
iuce of the Iegsature-leit TO be provided for by an
Executive Code more out OF reach than that Of Draco
because locked up in the breast Of the Lawgiyer and
promulgated after the fact?
If then President NAV exercise this tremendous pow
er which with iorbearance exceedingly rare in eNecu-
tive fun, tonares, Mr. Buchanan dsCams, no warrant
can be found for it by express provision just impca
ton i'm any laws passed by that body, to whom the Doc
pd dtgof eltctuapg the Federal guarantees, are al
nitted to belong. Conscious apparently OF this the ov
ernor falls back upon the Constitution and numerous
are the clauses which he suppOsc to confer sustain IT.
that we might be led to think 1t WAS quite hyOrte
scheme Of the trainers of that instrument lie tells US
THE Presideni IS rested cih the Erecuire poor True
but is the power in question an executive power which
can be exerted without the previous action Of Congress
have cndeavored to prove the contrary.
lie sredrs tdtLtg 10 erecde ms oHce,aai topressrrs
the C,,stituiio True again but is the power in ques
ton one held rritc ogcit Or Is any where granted
by the constitution: That remains to be proved.
lie ~ comndHdrr-iAchicf Of tie army, de-. when call
c4 into Actual Scro'cc True, but may he call them into
actual service Demonstrahy not.
Hcis 10 take cure that me i1trS be- fliHfiy cr5rsd
Certainly and most especially is he TO take that he
does not violate them himself by taking u'asfR steps
10 enforce them.
have now passed in review the structures in the Gov
ernors late message on the letter OF the President with
INV own commentary on the views of both No feeling of
personal party character towards either has prompt
ed this imperfect attempt Ny chief object was to vim
dicate opinions, previously published touching
the question discussed between them. Without losing
sight OF that object must confess. that have strenu
nff.lv bgf ftplt he so
much because in conflict with my own particular propo
siton touching the points IN controversy ~ because
they seemed to with the doctrines taught by
the great Virginia Of 9S; doctrines which
pcricncc as well reason, prove essential to maintain
the sovereignty OF the States, and the Liberties Of the
people
Inc proposition to which aluje5 and have endeaor-
cd 20 maintain that the guarantee of the United States
To Jro'lst the Stqtc from urasiO has remained mpro-
risd t,r from e OrigjH of the Government 10 This drg
| shall leave this question the ground, which | en-
deayored place it in my two former numbers. en-
deavored snow further that refusal Of tie Northern
people caudor with Of the South in dysng prompt
aud efficient measures 10 carry into effect this VITAL
PRINCIPLE of the federal compact, would be their
part a renur c .tion-A WILFUL DISSOLUTION of that
compact The discussion have attempted to review has
thoroughly confirmed me in this belief 4 voluntary
Union voluntarily abandoned by party ceases 10 be
obligatory on any other Union by force an absurd
and impracticabe paradox.
The measures indicated it is but too manifest cannot
safely be deferred much longer They required by
the pighted honor Of Northern allies, well by
their interests indispensable to rights and dig
nifty if not to the prosperity tranquility and safety Of
ourselves and poserity long and they shall
recognize the obligations Of political covenant. Will
not the patriotic of the of SO hasten by deeds
as well a, words to reneS and re-esablsh that cove
naut on the principles which alone long support
alliance between independent Sates-the great pillars OF
FRIENDSHIP SELElNTEREST, GOOD FAITH AND
JCSTICE. j x