The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1860-11-23

Es
Southern Secession or NullihcattO ion ..
The Constitution and the Laws
Applicable Thereto.
just now it is matter of much interest
to know precisely what power the President
possesses to enable him to put down the
Southern malcontents in case they under
take to establish Southern Confederacy or
to oppose the execution of the laws of the
United States. "A friend, by our request,
has compiled the provisions Of the Constr.
tuition and the laws applicable to the case
and the result Of his labors are subjoined:
The Constitution of the United States
provides Cart. l. Sec. 10y that No State
shall enter into any treaty, alliance or con-
federation grant letters of marque and re.
prisal," &c.
Sec. 2 declares, No State shall, without
the consent OF Congress, lay any imposts or
duties on imports or exports" &c. "No
State shall, without the consent of the
Congress, lay any duty Of tonnage; keep
troops or ships of war in time Of peace;
enter into any agreement or compact
with another State, or with foreign
power, or engage in war, urless actu-
ally invaded or in such imminent danger as
will not admit of delay"
The Constitution also declares that "The
President shall be Commander in Chief of
the Army and Navy of the United States,
and of the militia OF the several States, when
called into the actual service of the United
States" ale
shall take care that the laws be faithfully
executed; and shall commission all the officers
of the United States"
LAWS OF THE UNITED STATES.
Chapter 36, of laws of 1895, provides:
SEC. 2. And be it fitrthr enacted, that when.
ever the laws of the United States shall be CD.
posed, or the execution thereof be obstructed,
in any State, by combinations too powerful to
be suppressed by the ordinary course of judicial
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 or
states, 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 un.
til the expiration CT thirty days after the com.
mencement of the then next session of Con.
gress.
SEC. 3 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
proclamation, command the insurgents to
dsperse within limited time.
SEC. 4 provides that the militia so called
forth shall be subject to the same rules and
articles of war as the troops of the United
States
SECS. 5, 6, Z, and 8, provide penalties of
fine and imprisonment for neglect or refusal
to obey the order OF the President, and the
methods Of enforcing those penalties.
SEC. 9 gives to the Marshals and their
deputies the same powers in executing the
Laws of the United States, as Sherifs and
their deputies have in the several States.
Chapter 80 of laws Of 1907 provides:
"That in all cases of insurrection, or OBJ
struction to the laws, either of the United
States, or of any individual State or Ter
ritory, where it is lawful for the President
OF the United States to call forth the militia
for the purpose of suppressing such insur-
rection, or of causing the laws to be duly
executed, it shall be lawful for him to en-
ploy, for the same purposes, such part Of the
land and naval forces of the United States,
as shall be judged necessary, having first
observed all the prerequisites of the law in
that respect" ." --
Chapter 40, of laws of same year, gives
to the President power, in addition to the
present naval peace establishment, to EN-.
ploy number of able seamen, &C., not
exceeding five hundred, should the exigency
of the public service require the same.
Treason against the United States shall
consist only in levying war against them,
or in adhering to their thanksgiving
them aid and comfort. Constitution, Art.
3,Sec 3. $751;
The Supreme Court of the United States
has, on many occasions, given construction
to the words "levyipg war" LevyiDg war
always implies force. but not necessarily an
army with banners The alleged treason of
Aaron Burr consisted in an attempt to seize
New Orleans and separate that city and q
portion Of our Western States from the
Union, with view to the setting up of
new Empire in forcible opposition to the
Government of the United States Burr's
Trial, 1907. .ts.~ .@.. : . o,
1t has been held that it is treason to at
tempt by force to obtain the repeal of q
statute. 49,
! If body of men conspire and mediate
an instruction to resist or oppose the exc
cution of any statute of the United States
by force, they are only guilty of high
misdemeanor; but if they proceed to carry
such an intention into execution by force,
they are then guilty of treason by levying
war. United States vs.. Fries; do. VS..
Mitchell, Dallas, 348.-Rochester Union.
Caufain McLano EIilpe6 p,v IN a u,,As.r.