The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-24

constitution and dovaei TO the rnionas y what means
th.y have o, protection the federal government Is not
author Yea 10 ~ oiect them against external violence
must be conceded that community rare no state can
oy peacc or prosperity domestic tranquility without.
security against external violence Every STATE and nation
the world outsice OF nus repuohc supposed 70 man
tnly climate purpose for which armies and naves gre
main,ainea IN time OF peace They may be kent
and soic,pn war, su. the legitimate purpose Of
rliiary turc,s Ia time Of peace s 70 en-
domesc tranquility against violence or aggression
from without their respective lmits yhe States OF this
Union you'd possess that power for the re.
stroms Imposed upon them by the federal constitution.
When that constitution was made the States surrendered
TO the federal government the power to raise and sup
port armies, provide ana maintain nnves-not only
thus surrendered their means of protection from inva-
SION but cousen. prohibition upon themselves which
declares that no state shall keep troops or vessels oil war
in time CT peace The question pow recurs, whether tho
States Of this Union are in that helpless condition. with
their bands tied by the constitution stripped OF all
OF repe!ng assaults mainta!ng their own existence,
and ye, without guarantee rom the federal government
Of the Union protect them against vioeoce II the
people OF this country shall settle down into the conviction
that their is power in the federal government under
the constitution, TO protect each and every State
from violence from aggression, from oppression they
viii demand that their be severed aud the weapons
restored TO their own hands win which they may defend
perpetu,y OF the Union. The means OF defence, the
OF repelling assaults, the means Of providing
against invasion ust EXIT az condition OF safety ana
The existence of the States Now, sir hope 20 be able
d. noDstate that there s wrong In this Union for
which ConsttupD OF tDs tD.teu das DOS not pro-
v.ded remedy believe and hcpe to be able 10 man
tap that this Union does furnish remedy for any wrong
which be peJpetraed within The Union the federal
government performs s whole duty think, sir, Il Is
GEAR, upon careful examination Of the constitution,
that the power is conferred upon Congress-, arst to
provide for the repeipg OF invasion from foreign
countries and secondly, protect each state OF this
Union from invasion from any other State, Territory,
place within the jurisdiction Of the Unned States
VIII first your attention TO the power conferred upon
Congress protect the United States including the States
and Territories and the District Of Columbia including
every inch Of ground within Der limits and Jurisdiction,
agas, foreign invasion In the ogeh section Of the first
article OF the constitution you find that Congress Shalt
have power TO declare war; 10 RAISE and support armies
&c provide and maintain navy, 70 make rules and regl
laous for the government o. the land and naval forces,
and to provide for calling forth the militia TO the
laws OF the Union, suppress Dsurrecon and repe nva
zion, These csnses confer upon Congress the
power of using The whole military force Of tae country
for the purposes specified the constitution The
sion which Is to be repe SECTION Of the constu
ton is INVASION Of tie United States The language
u, Congress. shall have power 70 provide f,r
repeilng the invasion matter whether the enemy lands
within the limits Of virginia, within the limits of the Dis
trct Of Columbia within the Territory Of New Mexico, or
anywhere else within the jurisdiction Of the United Stae
The power 20 protect every portion az the country against
invasion from foreign nations having been thus specifically
conferred the trainers 81 the constitution then proceeded
% make guarantees for the protection OF the several States
by federal authority win read the fourth section OF the
fourth article of the constitution
1be Cnlea States shall gSaran.e. % State his Union
republisan form OF go9srnnen and shall protest each Of
o. q tie E1scve when the LEGISLATURE canno.e congoned
against domestic violence.
That clause conlans three distinct guarantees-frst
that the United states shall guarantee TO State Of
this Union a republican form OF government; seccrd,
the United states shall pr9tec. each Of them
application OF the Executive If the Legislature cannot be
convened, protect them alst domestic violence Now
sir, submit 10 You whether IS not clear from the very
language of the constitution tina. that clause inserted
for the purpose OF making the dnty of the federal q,
from any other STATE Territory place within the nris
dicton Of he United SatesY For what other purpose
that clause nsertedY The power and duty OF pro
lection against foreign nations had already been provided
for In The clause there Is guarantee from the United
States TO each State FOR The benefit of each sa.e for the
protection OF each State and necessarily from the other
States nasruch the guarantee bad been given prev
ously for foreign rapons Now sir, If any authority
necessary to show that such the Of
the constitution il may be found in the t:ratt forty
third number, written by James Madison. Mr.. Madison
copies this clause OF the consttoon which have read,
giving them three guarantees Here E what Mr. Madison
says upon this subject -
Protection against inyason due from every society % the
seems 10 sesnrs each State only against foreign hostility
but against smbl ous or yndcve enerprises by s more
ought not De nsensblo TO the policy Of This article
This number OF the FtdreliSt, Ike all others Of that
celebrated work, written alter the constitution
made, but before IL was ratified by the States ana with
view 10 its ratification Hence the people OF the several
Staes when they ratified this instrument knew that this
clause Intended 70 bear the construction which
place upon IT, It was Intended TO make the duty OF
every society to protect each Of s parts is the duty
Of the federal government 10 protect each State and he
says the smaller States ought not 10 be sensibe 10 the
policy Of this article of the constitution Then If be
made the imperative duty OF the federal government by
the express provision Of the constitution 70 protect each
Of The States against nvasons violence from the other
States from combinations desperadoes within their
limits, II necessarily follows that it Is the duty Of Con-
gress TO pass all laws necessary and proper to render
tnat guarantee eaectual. While the Congress, in the
early history of the government, DID provide legislation
which supposed to be able 70 protect the United States
against INVASION from foreign coun RES and Indian tribes
they have failed up this time to make any law for the
protection Of each State against invasion from within the
limits of the Union. am unable TO tell why this ennis
siop, how 10 account for this omission presume sir
of IL is be found in the fact that Congress
dreamed that any such legislation would be-
necessary Tor the protection o. one State IN this
Union aganst invasion and violence from its sister States,
and until the H1rpers ferry outrage
celyed that American States would be SO forrelfu of
their duties to themselves 70 their country to the cons
taton as 70 plan the invasion Of any State, with the view
of stirring ervie insurrecton murder, treason, ana
every other crime that dsgI humanity While, there
fore no blame justly attached TO Their predecessors IN
falling provide the legislation necessary 10 render this
pericnce OF the last year. we cannot stand jusutei n
emitting TO perform this sacrcd duty, The question
maning then, is to know what legislation is necessary
and proper 10 render this guarantee Of the constitution ef
tecua presume there will be very little difference Of
opinion that will be necessary 20 place the whole militia
ry power of the President under proper guards and
srcons against abuse 70 rere and repress an invasion
when the hostile forces shall be actually in the field Bat
sir, this is not sufficient Such LEGISLATION would
not be a full compliance with this guarantee
Of the constitution Tn e trainers OF that instrument
meant when they gave the guarantee. Mark the
IN language the provision pfOecl-
ing the United States against invasion and that pro
tec,ng the States When provided for the protection of
the United States said Congress shall have power
pei invasion; when IL to make this guarantee for
the States changes the language and says the United
States shall protect each Of The States against Invasion
In the instance the duty Of the government is repe
in the other the guarantee is that they will protect In
other words the United States will be Permitted wait
until the enemy shall be your borders until the in
vadng army shall be organized drilled and placed the
march, with view TO invasion; but they must pass all
laws necessary and proper 10 insure protection and do
tranquility each State and Territory this Union
against invasion or hostility from the other States ana
Territories. Then, air, held that is not oaly neces
sary ~ the military power when the actual case
Of invasion shall occur, but to authorize the judicial de-
partment Of the government suppress all conspraccs
and combinations IN The several States with the intent
invade State or modest or disturb ts government, its
peace, its citizens, its property its Institutions You
must punish the conspiracy combination with intent 10
do the wrong and then you viii sappress 10 advance
There principle clear with the legal profession
than that whenever proper 10 declare act 10 be
crime IS proper 10 punish conspiracy combination
with intent TO perpetrate the Look upon your
books, and presume you will find enactment 20 pun
sh ceunterfei:ug the coin Of the United States and then
another section to punish for having counterfeit