The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-21

Under this law the Presoent has ample authority 10 cali
out the military force suppress resurrection TO repel
invasion and u enforce the Law tn bill does some
thing more This bill he repeated did something more
Than all that What Was THAR IL authorizes the Presi-
oent TO employ the military power Of this country 10
suppress insurrection against the authority OF the
United States Now In this connection he would In
the nrst place. ask they had any constitutional power
TO author re the President TO employ military force TO
suppress instruction against the authority or the
United staes In the d 81 article OF the constitution In
that section which Conferred power the President, It
says that 1.-THE President shall have power TO call
Inc military power u suppress insurrecton and repel
Invasion" Here the general phI ase, "insurrection,"
used What nsurrection u THAR Was It nsurrec-
sion against any thing every thing was vague and
indefinite phrase. But in the fourth article they would
ma the phrase, suppress nsurection, definitely set
ed ana accurately defined The United States shall qua
raDtee to every State republican form Of government
protect each against Invasion, the application OF the
Legislature Of the Executive whenever the Legiala
ture cannot be convened and against domestic violence
Here the phrase, domestic violence was interpreted
IL was frequently used as instruction. II was in.
surrettion against the authority OF the United States
and such temporaneous authority interpreted the
Clause the, look into those laws, and compare them
wiih the constitution they would be found every
supposabe case when the military power Of the country
ough, to BE- called out and employed The constitution
military force OF the country TO enfor the laws Of the
land Now, he would ask what sort Of insurrection
mtht be an invasion of the United States, aud
an invasion OF separate States, hnt laws OF the land In
authority given the President Of the United States
10 call out the military forces carry the law Then
ne sort
~ Of the United states could there be beyond tha Such
was the Interpretation Of this Of the
constitution Ibs the bill Of 1888 That bill gave to
the Presi ient the right to call out the military of
the country al the requisiton OF the legislature to sup
press iDsurecton against the authority OF State IL
also the President the right cali out the military
force of the country suppress nsu ection against the
authority OF state, and 10 the process OF court
OF Jussce II he district Judge certified that tho regu
ar posse cmIdus or the power already In possession of
the marshal, was not sufficient to carry law SO
guarded were the trainers OF the constitution relation
70 this matter, and determined they that the
President should not bring out the military Of the
country to bear upon State authorities that they dts
tncty required that before he should call out the mill
tary power 70 aid the marshal in the
Of the Court that he should rst hive JUDGES certid
cate that the power in possession Of the marshal not
ssdlfient for the purpose Here the authority Of
The states protected and guarded by this law and
Pr sicent could not this call out the military
power OF the country marshal in executing the
process OF Court unless by certificate Of q Judge
That was the guarantee the country had that the
military power should not be unnecessarily employed
In case OF suppresspg an instruction against State,
the constitution required that the President should
except on call Of the Leg stature in the Iegs
call out The military force He could only act in such
cases on an express call OF the authorities Of State
This was the law that was passed in the early
and better days of the country No thought in
that day to empower the President to act within a
state without the authority OF the State itself.
He would go farth detail on this subject II
enough for him that this law gave the Preei
dent OF the United states power intended to be
given by the constitution of the country power
itself dctatoria and unlimited This law authorized the
President TO exercise erect, positive and immediate
ercion upon the seeding states this Union The law
went even beyond that. Now, he would ask what was
ipsurrectoD against the authority OF tatesp What
the authority of the United Gentlemen over
the way say that the seeding states are now in rebellion
and psurrecoD against the authority OF the United States
Then, that be So and should Mr. Lincoln the Presi
elect interpret IT so, he woulo have right TO call out
the whole military power OF the Countrywide army and
navy the militia and voluneers-and send them forth
crush out this Instruction and rebellion Here then was
authority to the President to use direct coercion
III
which expressly denied TO the Congress to the
general governments power which secuted by the
wise men who framed the constitution II did more
than that Ii clothed the President with military power
to carry out any order he may choose to give any
agent any State should be found under the authority
Of the Postmaster General to act oppessively and to
ncte 70 Instruction and the people should undertake to
rebel against this oppression this law gave the Precedent
the right to call out the whole military force the
country TO sustain the authority Of the general COVE
nent and to suppress this popular iusurrec-
tion. He would ask, What higher power could
be given to the Presidentp He would give
gentlemen the other side leave to rack the magma
tob In devising stronger powers and he de1ed them to
adopt bill which gave more absolute dictatoria
power, than this bin gave TO the President to suppress
nsurrecon against the authority OF the United STATES
be did not know what were the purposes gentlemen
the other SIDE but ho thought that high time
their purposes should be distinctly declared If gentle.
men, with perfect understanding Of the BILL deliberate
ly vote for it, let then the responsibility upon their
heads Lei tae people OF the border states know what
they may expect from their power. He knew that the
icea had gone forth that terrible aud desoating con
sequences must follow consequences from the passage
OF this blu and from the indications OF the party 10 power
he feared that unless immediate action be taken portion
OF the country would fluid itself at fer the iron
heel and power of military despotisrn A portion Of
these States if permanently removed from the other
Southern states would not be able sustain themselves
In republican form Of government and rus ultimately
fall under III dark wing OF military despotism He did
not suppose the progress OF this law would bring forth
results prompt and instantaneous this but here in
this bill they had already grand ard stride the
position he announced when Mr. Lincoln came 10 dis
cha his Presidential duties he could say what the
present condition Of the country would be. He did not
know how many States would be In that position which
might be an nsurrecton against the authority
Of the United states. IL De entertained the opinion
largely entertained by his frenis he would say that
there would be several other States which might be
considered to he VI state Of against the
thorty Of the United States Here then this bill being
ON the statute book the President would have authority
10 call out the whole military force OF the country and
put them unoer the rules and articles OF lie desired
gentlemen 10 follow him. wne h. briefly referred to the
condition of the force when placed under the regulations
articles OF The power thus conferred on the
President Unlimited Under II he could call tho
militia o. ONO and Of Virginia, and OF all the states Of
the Union, anu place them under the rules aud
articles Of war Under these rules any officer
SOLDIER who shall say contemptuous or
dsrospectfu word against the President and against
The Wee President Of the United states against Con
ess, II al officer, he shall bs casbered and II non
commissioned officer soldier he shall suffer such pun
ishment Is may be visited upon him by court martial
thus when the military force shall he placed under the
marching orders Of the President to proceed perhaps
against the seccong states any state that might de-
fend itself against the intrusive action Of the President
10 anu the frcet0ent
Will be condition to pun ISL them for using disrespect-
ful language to- the President to the Vice President
Congress. Why, the country had been thrown
INTO great eAcnemebt a. an early period Of its
hi tory by act called the Scdtion law
But he mar tned that # they compared that Law with
the bill before the House they wosld find that the
Section bill light 10 darkness, good evil,
impaired with this II the whole military power of the
country could be called out pretext the President
miphi choose T. put forward ustfypg the necessity
toi the act be not only authorized call out but
he could keep " out for al unlimited time and the
composing " shat be subject to punishment Of court
martsis for using dsrespectful language towards the
President, Vice President Congress- This was the
law which y. ntemeD the other side bring In pre-.
peratory 70 The incoming standardization, and ask TO
have IL put the statute books OF the country.
This bill introduced morning. by the
gentleman from Ohio, BY calm plausible speech,
ana, acrDg u h. actually thought there could be OBJ
lecton u ~ be moved the question upon H. II
true the gent after warts relnqushed it, but 10
was clear from his prccpitato haste that II the OBJ
ject 81 the gentlemen the other aide TO drive the
try under m'tsy desotism The bill had been intro
duced os " u was quiet, uDoiIendiug measure. One
would have thought " harmless small and placid mat
ter, but u was Ike the BON she'll which, though round
ard smooth and small thcless contained within IL
m ma it, 10 low m ruatio