Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-01-04
RICHMOND WHIG.
For The EHYUirT.
THE WRONG AND THE REMEDY.

ternor of I'ugiRiG.
In reviewing the letter of President Buchanan, the
Governor adverts TO the clause in the Federal Constu-
ton in which il is stipulated that the several States shall
keep troops IN time of peace without the consent oil
Congress- engage in war, &C. and holds very proper
y that the clause whereby tie United States guarantee
each State against invasicn intended to compensate
for the almost total surrender Of the right OF sell de-
fence He thinks by the way, that in this last
clause Omitted States il to be taken Synonymous
rh "fhs Congress-. am unable perceive the neces-
sy or propriey OF this construction The trainers OF
the Constitution meant, doubt precisely what they
s,id They knew well the distinction between the
United States and agent department OF their
government; and too fully appreciated the Importance
of precision, to cOniOund terms invariably us'd by
themselves definite and distinct sense, and in accor
dance with their familiar accepation. But it needless
go into examination OF the reasons assigned TOR this
reading; for though think the true construction is ~M
the Words, and pledges the United States and not he
Congress- 10 make good the stipulated guarantee, tea
dly adopt the Governors conclusion as understand
that the United States effect the guarantee through
the nstrmentay OF Congress. He then states tins con
clusOn:
This day and porsr then, cfguaranseing protection to
susyv state against urdSion, belongs mqHes'io"dby to
Congress.
He then propouuls the enqury-'Has Il exercised the
Jocer| And answers IT. hrs.' Tins:
To The Cagyss, also is gireH the pOwsr "to raise and
support armies, and "to propide HdmaintaiH nary
oud these cai Spsciliy, 'e land md Hara' for
ce," Of tie United States.
presume that ao one ,riH gdinsay The proposition
that the CHEF object Of these land and nacai forces is $50
suppress I,srrsctious and to repel inrasio"S.'
Doubtless these were among the objects; hut not |
think the chief objects Had it been so, the burthen
and the danger of standing army, might well have
been spared us from the foundation of our Federal Re-
public for from that dly TO the present. period of -
vears-it has been employed TO rcpe inyaSions IA few
Instances oulyduriug the war OF Nl2 and never s"tn
once 10 suppress nsUryecton It's use was threaten
F,1H.. rlt.
vine against her most distinguished citizens during the
reign OF terror under the sanction of the force BILL and
the threat thus to treat sovereign State as rebel
and usurgeat teaches usa lesson never to be forgot
ten trust-the danger OF yeSung such power III the
c0mmander-iu-chici.
The chief objects Of creating the land and naval forces
rather think were of the army, keep the Indians IN
due subordnatOnsu Of the Navy, 10 SrOur the seas
in time OF peace, well war; 10 protect our com
meIce and battle With Ouf enemies.
But lei it be- the Governor suppOses lie then goes
on 10 say:
Bt a., addition 70 is-s- po-,, another T., speciality
rlisE II, Drorii tor c1liJg tord the goiitid to ere
-p'- s iur, Of the Union, suppress j"S'GrectorS Gud
rsp,I ,srasioH,. AHi prssioD, that "o one riH '"-
,,t that me regular dv old Hartof The iHi'ei States
g4g not be- oryf} crcrU'c s ires Of he Union and
10 suppress ia,tvrtcfo1,S amt reDsi irdsioHs rtLout
-dIlHq forth The militia, or hoUgh the militia may be
cas forth to eyscts the same purposes. This granted
But this cannot be granted strict constructionist
particular description OF military force may be used for
specific purposes that every other kind be used for
the same purposes. According TO the settled rule OF
construction the specification OF the one distinct kind
of force is the exclusion OF all others II the Governor
oulv meant that the army aud navy may be thus
,mp,oved ,1ir tie authority of Congress- the PROPOSE
ton might be readily granted But his whole argument
+. intended 10 show tha, the regular force may be cm-
ployed by the President at his own discretion.
But let "a. follow The argument
This grrptsd the Congress did pass The lars: l'I Z"
li,. armies and 70 proriie aHdD8iutaH Many, ds eH
a., ir-, for calling forth 'bc militia.
i,{ fIsg BIZ arfiri, 3g} the President IS rested rih
,6 E,~,ire P9r,r, lie is s,o5r, Eutbfly To execute
me office of President and 10 The best Of his ability, 10
p,ssrrs Dro,sct and dst1G the Constitution Of the I'M
rcd States and he IS lsads CoDuHdUderiN chat Of tie
qmy and nary Of the United States, and Of He "'ii'ta
Of tis sspsral Sr,e vLe called into the actual scrr'cc
ofths United States ; and he shait take care that tie
lars be- faithfully eTscIaed"
The proposition affirmed be it remembered is that
Congress has exercised the power which unquesuonaby
belong, to IT, of guaranteeing protection TO every State
ana IL +, now argued that 10 mas done this by passing
laws TO raise armies and also for calling ont the militia
Congress has thus provided the meds aad the various
provisions above quoted are intended to prove that the
Constitution supplies the power Unable to find any act
of Congress expressly making the slightest reference or
Usiou 10 the guarantee forced Implications resort
ed to- or inieeuces rather purely cOnjecura The idea
Is thus fully expressed Speaking OF invasion 1t Is
said
And against this the President has the means proyi
ded by Congress in the laws raising and providing
standing army and navy-the land and naval forces OF
the United States-whch need not be "caed forth, but
are armies already raised and standing, and navy al
ready "prSr.dsi and maiHtdiRtd' The President Is
,ommaudcru-chief OF these and may order them TO re-
pel actual INVASION they already ~ actual service
without being called forth And he l. surely much
bound 20 execute the Constitution the of Con
gress "The laws to be executed, embrace both, and
he has the means to execute both provided ia The stat
utss foy raising and prordng HaeyGs reHds ia
the tlU, cdiiiHq forth the DiHd.'
Now the mere act of raising army navy coniers
no power to them for any special purpose whatever
and implies nothing more than that they to be used
for all lawful purposes.
As to the lta it is clear that the President
employ that part of the military force without the pre-
vous authority Of the natons representatives,. This is
believed to bee settled construction and, indeed seems
aciy admitted by the passage just cited which rests his
power TO the regular force the ground that that
4, ALREADY raised aud standing and consequently, need
not be called forth The power given Congress 10
provide for calling forth the militia, specially defines the
objects for which they may be so caled-uamey: Ito
execute the laws of the UniOn suppress Instructions,
and reuel iuvasions Ii is for Congress which alone
can make authorize the CALI TO specify the objects,
deeuat the points to or from which they shall be sent
aud provide for their armng, equppng transportation
and paw These are legislative powers and incidental
and essential the due execution of the main power in
question The functions of the Executive wholly dis
tnct do not commence until after the action Of Congress
So far as to the militia.
As TO the rsgalar force the necessity exists
apprehend for legislation Ii hardly to be credited that
greater latitude OF discretion would be vested in the Ex
ecuye over that force than the militia. But
has already been noticed, while it seems acy admitted
that the President cannot call forth the militia without
the authority of Congress- it is contended that he may
employ at bis discretion, the regulars in repelug the
actual or medtated invasion Of any State, because the
latter are "aready raised and standing and consequently
need not be called forth do not understands the phrase
ito provide for calling FORTH in so restricted sense
He can no more employ the regular force because it is
already raised than he the militia because they may
happen at tie time to be raised, embodied standing
for the purpose OF dr or discipline, for any other
specsl purpose He is made oGmmander-inchef, it is
true but equally of the militia as Of the army and navy
and Of nel.her except rbe called into actual srr'ee-
called by whomy Is the President to call forth the whole
force OF the Union the regular army and navy
at his own discretion President and then paee them
under his own control a. commandeTin. chief As5lr
edy the Constitution designed to ccEier on him
these attributes OF absolute monarch.
Such discretionary control the standing army, the
ever ready instrument OF aspiring demagogue would
be far more dangerous than those household troops
on whom the trainers OF the constitution relied the
best security of Free State. TIE Introduction OF such
principle would be, IL seems 10 me, ipdefd, neS and
aaruing anomaly in sySem, aud lead directly TO the
door Of despOtsm. ii the iaws creating an army and
navy eked by the constitutional provisions quoted
by the Governor can be interpreted empowering the
President at his discretion TO carry into effect the guar
antee protection against uyasonso too must the same
power exist in reference to the guarantee of Repub
can form of governments for both these guarantees are
embraced ia the clause and sentence Can this be
mantanedg If So at TO distant day perhaps the stand
ing army may be thus employed to rpiodnse the State