M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1860-11-29
81 nthern Secession or NuIiifIen.
iion-The CONSTITUTIONS nud the
Laws Applicable rherefO.

Laws Applicable Thereto.
just now it isa matter of much in
terest to know precisely what powe
the President possesses to enable hin
to put down the Southern pualcQntentI
IN case they undertake to establish
Southern Coniederacy, or to oppose
the execution of the laws Of the Uni
ted States. A friend by our request
has compiled the provisions Of III,
Constitution and the laws applicabl,
to the case; and the result Of his la
bOrs is subjoiHed:
The Constitution of the United
States provides (Art. 1, sec, 10.) tha
mo State shall enter into any treaty
alliance or confederation; grant letters
OF marque and reprisal," &c.
Sec. 2 declares, mo State shall
without the consent Of the Congress,
lay any imposts or duties on imports
or exports" &c. mo State shall
without the consent of the Congress
lay any duty Of tonnage; keep troops
or ships OF war III time of peace; enteI
into any agreement or compact with
another State, or with a foreign power
or engage in war, unless actually in
vaded or in such imminent danger al
will not admit of delay"
The Constitution also declares tha
"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 &C.
tual service Of the United States. ~
y "IIe shall take care thai
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 1875, pro.
vides:
SIC. 2. And be ii further enacted, that
whenever the laws OF the United States
shall be opposed, or the execution thereof
be obstructed, in any State, by combinations
too powerful to be suppressed by the ordi-
nary 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 Suites, as
may be Necessary 10 suppress such cOmbina'
tions, and to cause the laws to be duly exc.
cuted; and the use Of the militia so to be
called forth may be continued, if necessary
until The expiration of thirty days after the
commencement Of the then next session Of
Congress.
Sec. 8 provides that Whenever it
may be necessary, in the judgment OF
the President, to use the military
force, as in the foregoing section pro.
vided, he shall forthwith, by procla.
nation, command the insurgents to
disperse within q 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, 7, and 8, provide penal
ties OF fine and Imprisonment for neg.
lect or refusal to Ooey the order of the
President, and the methods of en-
forcing those penalties.
Sec. 9 gives the Marshals and their
deputies the same power in executing
the Laws Of the United States, az
Sherifs and their deputies have in
the several States.
Chap. 80 of laws of 1907 provides:
THAT in all cases of insurrection, or
obstruction to the laws, either ofthe
United States, or of any individual
State or Territory, where it is lawful
for the President OF the United States
to call forth the the militia for the
purpose of suprreSsing such insurrec.
ton, OF OF causing the laws to be duly
executed, it shall be lawful for him to-
employ, for tie same purposes, such
part of the land ard naval forces Of the
United States as shall be Judged ne.
cessary, having hrst observed all the
pre- requisites Of the law in that res.
pect.
Chap. 40, of laws of same year,
gives to the President power, in ad.
dition to the present naval peace es.
tablishment, to employ a number OF
able seamen, &C., not exceeding five
hundred, should the exigency Of the
of the public service require the came.
Treason against the United States
shall consist only in levying war
against them, or in adheriug to their
enemies-giving them aid and com.
fcrt. Const., Art. 8, Sec. 3.
The Supreme Court Of the United
States has, on many occasions, given a
construction to the words "levying
war;" Levying 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 aud portion Of our Western
States from the Union, with view to
the setting up Of new Empire in for
Il u - al n A