Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-06-13
CeeTcive Measures Rfj ted BIZ the LaS'
Congress OF the Uaised Statec.

| From the New York News.
The provisions Of the act of Congress Of Februa
| Y 2s l795. upon which the Lincoln ADMINISTRATOR
elies for authority to call out the militia and &C
| cept volunteers, is as follows:
That when .ver the laws Of the United States shal
be opposed or the execution thereof DISTRACTED in any
State by combinations too powerful to be suppress
ed by the ordinary course OF judicial procteuh Is
or by the pc vested IN the Marshss by this act
il shall be lawful for the President OF the United
States to call forth mill ia of such State. or OF apy
other State or States, as may be necessary to sup
press such combinations and to cause the laws to bt
July executed; and the of the militia 20 to ot
called forth may be continued, if necessary, until
the expiration of thirty days after the commence
mant OF the then next session of Congress.
provided always that whenever it may be ueees
sary in the Judgment of the Ptesi, ent TO use tn
military force hereby directed TO be called forth
the President shall forthwith, BY proclamation
command such insurgents 70 dispense and retire
p.sceably TO their respective abOdes within lin
tied time.
That the militia employed in the service Of the
Tn ted States shall be subjectto the same rales
ard articles of as the troops OF the United
,tstes.' &c.
This act repealed a previous law very much to
tn same purport, passed May ,, 1872, rut which
was then about expiring by its own lIinrtanon Inc
4, variance between the two in the sections We
have quoted was, that by the act first passed the
President could only proceed TO call for militia. up
on being notified Of the iturbsnces by an Asso-
ciae Justice or the District Judge" Of the United
States Court Il is obable that TO this change. BY
tie omission ofrequirirg such notice. may De az
trituted the power the President has now exercised
by plunging this country into war. had ne oeen
quired TO wait for the ratification OF the local
United States Jud a-y. peace would at leSs
have been preserved up 20 the time OF the meeting
u Congress IN July.
Mr. Buchanan during the last session of Congress,
submitted to Attorney General BLACK the question
81, Soffh a n M
tLorZsd or were intended 10 authorize the use oil
force against State, acting by Its regularly con
ttuted State anti Critics. in resistance TO the Fed
eraI laws Mr.. Black investigated the suo1ect
fully andgave his unqualified Opinlon that they DID
not contemplate such case or provide Tor IL lie
held that their full purpose and scope were to au
horize the Executive to call out the militia TO AID
officers of the courts in the execution OF processes
and to overcome combinations against The eXecu
ion of some particular law or avs IN iAct' tnat Il
was designed TO provide against and meet such IN
I, rnal State disturbances the Whisky lns1rrec>
0on Shay's Rebellion &c.
This conced omission Of power to coerce a
State was attempted 10 be supplied by various
means proposed by the Black Republican majority
in the last House of Representatives, but all OF
which failed The Hon. Mr.. Stanton OF Ohle oy
his fam US Volunteer BILL made the most notable
effort and the signal failure. On the 'oth OF
February, 1861. he reported tTOm the majority OF
The Military Committee bill providing for the call
inc forth Of Il militia in OF any InSurrectlon
syainst the authorities of the United States, and
Authorizing the TT asident. in cases where II
might be lawful TO use the militia in addition to the
army and navy TO accept the service OF volunteers
| and officer tn same.
tn introduction of this bill was met by opp 9
tion from all the Democrats and Americans IN tIte
The Sc end reading of 1t being objected TO, tut
ouee 10 4 required. "shall the bill be rejected!
| which was lost. Among those who voted in the al
frmatiye flor reiectiOn) we fnt our Democratic
| t5DclraQP.
| F Clark Maclay and Sickles So the bill went to
| Second reading The next day, the 18Th OF tebrua
", the question coming up upon its third reading
Wr Stanton took occasion to explain what he calle
the NEUTRALITY-SUSPICIOUS. in regard 10 the CHI, In III
| course of which he emphaticay denied that the IN
| tention was TO raise army to march into tn
seeding States 10 subjugate them" No one, san
| he has any idea Of suhJugatng anybody. \
| w only intent led to f'ud the pubic prop rty,
| DC Iii Southern army marched toward IN
| North, and an attempt be made to capture the cap
tsl the Admiriatra,ion must protect itself sgains
| AGGRESSION" Again he said, in answer TO som
| ,rrhlng queries Of the Hon. John Cochrane:
| No man contemplates marching hostile fore
into any State of the Southern Confederacy, un4es
il was absolutely necessary for defense, and IN
| : uthern army marched on Northern soil or on thl
capital
Mr. Cochrane--Only as defensive measpr
agsiGst aggression
| "Mr StautOn-Ccrtainly.
| knoSledged leader Of the dominant party in tn
House that it was necessary to pass this new la
even 10 authorize the President to force TO pr
tect the Capital and the Northern States from IL
vssIon.
with much yigor and entire unsnmity, by Il
! Democratic and American members, with such r
marks and objections as the following, which v
find in the report Of the debates:
+ John Cochrane-Pass this bill when you ma
4 49, a,,t,,1 b,,, s,v.T 1a ON
Mr.. Sickles-The people of the North will I
gard this measure as substituting coercion for ~
tice, and the q s1donTsnt Of Cancellation for war
Mr. Winsow moved to table the bill. which N
| finn wss defeated, the Republicans in the negauv
aud democrats and Americans in the affirmative
e on the 26;h February the bill was again reache
: ! when the Hon. Mr.. Gurus Of Iowa. a Republic
took the floor and indiscrertly proclaimed that
pu, pose was the suppression OF the Southern -
5 beIIiop1 The disclosure of this intent seemed
d shock the entire House; motion to postpone to I
s | first of March was made, and though Mr Slant
a Others dee AIRED that such a postponement "
| equivalent TO 4 rejection of the entire measure,
: was carried triumph ,ntly by 100 votes against
} | Mr. Bouligny the American member frt
Louisiana and determined antisecessionlst, {
clarinu as he voted. that this was the most o
rspeous bill ever introdu ed in Congress. Shane
ne said " shame the man who brought
:, th2re' =.
d such was the end of coercion IN the Thirty-SiS
Courress. What it was admitted there ard tn
thai the President had no po,5eT 10 do he has sir
70 done What Congress itself there and then TstL
10 qg,l5 The President 10 90 he has since assumed
e DO without permission. The bounds OF the Com
! tution and the laws which it was there deened
possible that any President should venture to oV
IT step. have since been trampled uudlstingushsby
the dust Volunteers have been called for, tn
le wears enlis;ments ordered the militia OF one 81
e marched across It's borders to cOerce the Cove
~ ment Of another State the army and navy mint
increased without authority coercion inaugural
and the country precipitated into civh war
TEE DIFFICULTY or BLJCl ADING.-The Lon
Tines ofthe 18th May, says:
- It is no easy thing 10 stop privateers or hlb
t,rs II anN Lind EAHE hlnlkAdns in the annals