Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1860-12-14
Southern Secession or HCullification--
TAe Constitutions and the Laws Ap-
plicable Thereto.


plicable Thereto.
just now it is matter of much interest t
know precisely what power the President Do
sesses to enable him to put down the Sonther
malcontents in case they undertake to estat
lish Southern Confederacy. or to oppose tn
execution of the laws of the United States. 4
| friend by our request, has compiled the pre-
E isiofis Of the Constitution iffd the Laws ap
! plicable to the case; and the result of his la
bors is subjoined :.w 3giil. lsifarf tEass b. F
| The Constitution of the United States pro
enter into any treaty, alliance or confederation
grant letters of lnarque and reprisal," &c.
SEC. 2 declares, mo State shall, without
the consent of Congress, lay any imposts
or duties on imports or EXPORTS" &c. "No
State shall, without the consent of Congress
lay any duty of tonnage; keep troops or ship.
OF war, in time of peace; enter into any agree
nlent or compact with another State, or witt
foreign power, or engage in war, unless ac
tually invaded OF i'll such imminent danger as
will not admit of delay
The Constitution also Declares that "rhe
President shall be Commander-in-Ch Chief Of the
Army and Navy of the Unieea States. and OF
the militia of the several States when called
into the actual service of the United States .
'He shall take care that the laws
be faithfully executed ard shall commission
all the officers of the United States" T
p GEs8H LAWS OF THE UNITED STATES. T37
Chapter Sc, of laws of 1895, provides ga
SEC. 2. Ind be 1t further enacted, that when
tl,ol l. 1ek Al. O
posed, or the execution thereof be obstructed,
in any State, by combinations too powerful to
be suppressed by the. ordinary course of judi
eial proceedings, or by the power vested in the
Marshals by this act it shall be lawful for the
President of the United States to call forth
the militia of such State, or of any other State
ofsStates, as may be necessary to suppress such
combinations, and to cause the laws to be duly
executed; and the use OF the militia SO to be
called forth may be continued, if necessary, UNI
I'll the expiration OF thirty days after the COM
mencement of the tken next session of Con-
gresss
SEC. provides that whenever it may be
necessary, in the Judgment, of the President,
to use the military force, as in the foregoing
section provided, he shall forthwith, by pro
clamation, command the insurgents to disperse
within limited time. 5+-" aa
SEC. 4 provides that the ngiisia so called
forth shall be subject to the same rules and
articles of war as the troops of the United
States. ------==f
: SECS ., 6, {, and 8, provide penalties ofine
aud imprisonment for neglect or refusal to
obey the order of the President, and the meth
obs OF enforcing these penalties.
SEC. y gives the Marshals and their depu-
ties the same power in executing the laws of
the United States, as SherifFs and their depu-
ties have IN the several States.
Chap. 80 of laws Of 1907 provides: "That
III all cases of insurrection, or obstruction to
the laws, either of the United States, or of any
Stare or Territory where ii is law
ful toF the President of the United States to
call forth the militia for the purpose of sup
pressing Such insurrection, or in causing the
laws to be duly exeeuted, it shall be lawful for
him to employ, for the same purposes, such
part of the land and naval forces Of the United
States as shall be judged necessary, having
FIST observed all the prerequisites of the law
in that respect.
Chap. 40, of laws of same year. gives to the
President power, in addition to the present
naval peace establishment, to employ number
of able seamep, &c, not exceeding five hundred,
should the exigency of the public service re-
quire the same.
Treason against the United States shall con
sist only in levying war against them, or in adj
herring to their cnemies-giving them aid and
comfort Constitution, Art. 3, Sec. 3.
The Supreme Court of the United States
has on many occasions, given a construction
to the words ''levying way" Levying war al
ways implies force, brst not necessarily an
army with banners. The alleged treason of
Aaron Burr consisted in an attenrpt to seize
New Orleans and separate that city and por
ton of our Western States from the Union. !
with view to the setting up Of a new Empire
IN foreible opposition to the Government of
he United States [Burr's Trial, 1907.