The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-05-17

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The Constitutional Auth Gritty for this
War On the 8 5uth-
Il may be Of some int rest to citizens
Of the South, Who have iyed under and
revered al their lives the Constitution
and laws Of the United 5sstes. 70 know how
shamefuily they have 1esn disreaarded BY
the beastig fanatic WHO sta in the Presi-
dental chain a was aington. in his act Of
innugurafing var against the Southern
States. Lincoln cla ms % act under the
law passed By Cong sess IN 1925, which his
Abolition advocate contend bestowa upon
the President au' hoafy not only to de-
fend the Capital from attack. but also 70
levy war upon States Withdrawing from
the Federal jur isdietion. A writerin the
st. Louis RePud .Loaz oppoFtuuely revives
the eircumstau ces attending the passage
Of that law and shows eonolusively that it
was never intended 70 give the Govern
ment the power Of coercing State. CT in
deed 70 have any application % q State
but that itw designed simply and sole
/ - to aid the authorities Of state and the
I Federal Narshais. acting conformity with
the State authorities. b authorizing the
use Of the military power as a Posss COM
/ fzts
The FIRST law upon the subject was pas
| sed il 1872, and Washington acted under
il IN suppressing what is commonly known
as the y hisky insurrection. an outbreak
in the Western district Of Pennsylvania
growing out Of an excise tax on distilled
/ spirits. For three years the people Of the
Western counties Of that State lad oP
i posed the execution Of the act. The
revenue officers were not only threatened
with loss Of property, but lie. They
we're attacked. III, ir papers and proceee-
/ taken from them, ard N l794 the 3far
shall attempting 70 execute process on de
i hnquents, was attacked by an armed force
and cred upon. soon after he was taken
prisoner By an armed mob. and compel
/ led under fear Of death 70 engage MOI
70 serve any process west Of the Aiiegha-
uies. The house OF Mr.. Neville. the In
spector, near Pittsburg, was attacked, bur
defended and the ASSISTANTS compelled
10 retire. Application was made TO thu
civil authorities Of the State for protec-
ton. but he was informed that the com
bination was so strong that protection
could not be given. The house was again
attacked BY FIVE hundred men, and the
Inspector. by the advice Of friends. con
cealed himself and made his escape with
the Marshal down the Ohio, and by cii-
cuitous route reached the seat Of Govern
ment. The house was burned.
The Law Of 1872 provided that. before
the President summoned the militia.
Judge Of the District or Supreme court
should certify that the laws were opposed
and the execution Of them Distracted by
combinations too powerful to be suppre-
sed BY the ordinary course Of judicial pro
ceeding. or the power vested in the Mar
shals by the act, (which was the same as
that vested in the Sheriff. by the Stat
laws,) and that the President should com
mand the insurgents to disperse within a
limited time
Judge Wilson, associate Justice Of the
Supreme Court, certified to the President
that the execution of the laws could moi
be enforced on account of combinations
too strong for the civil authority. and
thereupon the President issued his pro
clamation, and acquisitions were issued to
the Governors Of New Jersey, Pennsyl-
vania, Maryland and Virginia for their
quotas to be organized, to march at any
moment. But, unwilling to resort 20 force
while any hope remained Of bringing the
disaffecled to their duty, the President APP
pointed a commission to proceed to the dis
trict TO confer with the insurgents, with
authority to promise an amnesty, on con
dition of future obedience. PennsylE ania
also appointed two commissioners to join
with those appointed BY the President.
The commissioners held a conference
with committee of the insurgents, bui
tho compliance with tho terms proposed
was so partial thar the commissioners DE-
~ ssses,t ,i,ts -, =. $50 ess.lf B. satsre-.
By he usual course Of eiva authority, and tio
sane more force oas necessary 70 cause a,
la1os 70 Be duly srecufcd, and % insure 10 A,
at1lcers aud igeR disposed citizens that lrs,scao,
Which Z IS dc duty Of hc Gopernmenf o
g9ord." ThereuPon the militia was called
into service, and proceeded to the sea
Of disturbance, and the instruction was
put down. The principal leader escaped
into the Spanish country, two others wer,
convicted Of treason, but pardoned by the
President
The act Of 1902 required the President
to be notified by judicial officers thaf
combinations existed too strong for the
judicial process and its execution By the
ordinary, civil authority, and then he was
10 call out the militia Of the State il
which the combination existed to cause
the laws to be duly executed, and then i
the militia Of the State refused or were
insufficient to suppress the combination.
it Congress were not in session, he might
call upon the militia of other States most
I convenient thereto.
/ The act of 1895 is identical in spirit, in
purpose, and almost in language with
that Of 1892 Neither Of them contem-
/ plates proceeding against a State, but on
| ly against combinations Of citizens with
4 in State too powerful to be dealt with by
| the civil authority State or FederaI who
may attempt and fail to enforce authorit,
,gainst the resistants. The law has no
application except when these authori-
ties and the combinations" spoken OF
stand opposed to each other. Where
there are no authorities within the State
seeking to put down the combinations
the military power. which, as has been
slid, is only to be used as a posse couif1tp
cannot be invoked. The case of the &C
lion Of State as an organic body. with
It's own independent authority, was a
case not provided for by the statute. OF
intended to be provided for-stin less Of
several States acting together.
The act provides for calling out the
militia to assist in executing the laws
How is this to be done Plainly. in ac-
cordanee with the forms Of law. Look at
the whisky insurrection examine the
different steps Of the process of enforc-
ing the laws. Frs. Congress passed
TILED in the United States. and directed
supervisors Of the districts 70 appoint
the proper officer to inspect, guaee. &c
Act March 3, l79l. SsssH,d. The dis
tillsrs and others refused 10 submit to in
spection or 70 pay the duties they at
tempted to prevent the well disposed form
taking oat their licenses and paying their
taxss-and attacked the inspectors, and
required them to take oath that they
would not exercise the duties OF their
Office. TtirL When sued for the penalty
provided for the violation Of the act, they