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

/ Ton, out ne was informed that the com Il
bination was so strong that protection
could not b given. The house was again
attacked BY Ave 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 a oi,-
cuitous route reached the seat Of Govern |
ment. The house was burned.
The Law Of 1872 provided that befor,
the President summoned the militia.
Judge Of The District Or Supreme court
should certify that the laws we're opposed |
and the execution Of them INSTRUCTED b, |
combinations too powerful 70 be suppre,.
scd By the ordinary course Of judicial pro
ceeding. or the power vested in the Mar
shals BY the act, (which vas the same Is
that vested In the Sheriff. By the Stat.
laws. and that the President should com
mand the insurgents 70 disperse within q
limited time.
Judge Wilson. associate Justice Of the
supreme Court. certified 10 the President
that the execution Of the laws could MOI
BE- enforced on account Of combination
TOO strong for The civil authority. and
thereupon the President issued his pro
clamation. and acquisitions we're issued 10
the Governors Of New Jersey. Pennsyl-
vania, Maryland and Virginia for their
quotas 10 Be organized. to march at any
moment But unwilling to resort 70 force
while any hope remained Of bringing On.
dissGected 10 their duty, the Presidential -
pointed q eourulissioa 10 proceed 10 tho dis
trict 70 confer with the insurgents. with
authority 10 promise an amnesty, on con
dition Of future obedience. Pennsylvania
also appointed two commissioners to join
with those appoieted ~ the President.
The commissioners held q conferences
with a committee Of the insurgents, bui
tho compliance with the terms proposed
was 20 partial that the commissioner de-
el.rsd chat w their opinion there was no
',pratdi1 irTntEf ray-orf ~ rutsf.y-a rrys--.-
o. distiilsf giriis aad On sfils c5rid csnf'rccg
~ bis usuai course q Girl authority, and thor
soHs WORD force pas Necessary 70 causc n,
laOs 10 Be- duly srseaisd, ard 70 insure 70 hs'
e55esTs AID psH Opposed eiiissns that prs,eetio.
gAish i hs duy q ne Gouerrnenf B.
gford." 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
j. 10 be notified BY judicial officers thai
combinations existed too strong for Oh,
: Judicial process and its execution by the
; ordinary, civil authority, and then he wa,
70 call out the militia Of the State 10
, which the combination existed, to cause
the laws 70 be duly executed, and then Il
the militia Of the State refused or were
insufficient 10 suppress the combination.
II Congress were not in session. he might
call upon the militia Of other States most
convenient thereto.
The act Of lT9j Is identical in spirit, in
purpose, and almost in language with
that Of 1902. Neither Of them contem-
plates proceeding against 9 State, but on.
y against combinations Of citizens with
in State too powerful 70 be dealt with b.
the civil authority State or Federall who
may attempt and fail 70 enforce authority
'gainst the resistants. The law has no
application except when these authori.
ties and the combinations" spoken Of
stand opposed 70 each other. Where
there are no authorities within the State
; seeking 10 put down The combinations
The military power. which, as has been
said, y only 70 be used As pose eoaifltls.
, cannot Be invoked. The case Of the &C
; ton Of a State a. an organic body. with
In Own Independent authority. was
ca'o not provided for By the statute. or
intended 70 Be provided for-still less Of
several States acting together.
The act provides for calling out The
militia 10 assist in executing the laws.-
b How i this 10 BE- done Plainly. IN ac-
cordance with the forms Of Law. Look at
the whisky insurreetion examine the
, different steps Of the process Of enforc.
. ing the laws. Flst. Congress passed a
} laW Ietying ~ g'rcisu vi'stJ-- -s--Eisiis dia.
TILED In the United States. and directed
supervisors Of the districts 10 appoint
the proper oficcr to inspect guage &c-
Act March .. l7ol. Sssomd The dis
tillers and others refused 70 submit 10 in
apeotion or 70 pay the duties they At
tempted 10 prevent the well disposed form
taking out their licenses and paying their
iaxss-aud attacked the inspectors, and
required them 10 take oath that they
would not exercise the duties OF their
once. Third When sued for the penalty
provided for the violation Of the act, they
attacked the Marshal and took from him
tha process he vas to serve on the delin.
quents. Fourth. The Marshal and OH.
GERS spilled for the support Of the civil
authorities Of the State, and the posse
Of The district the civil authorities and
= the pose were overaWed By the insurgents
} and dared not act. and the officers were
eompelled 10 take 10 eight. That was in
: 'urreotion-rising up against law By the
. subjects Of Law. Fglk. The President
. vas notified that - aat S.as the execu-
? ION Of The laws was obstruolsd bv com
olnaiiona' too strong for the posse Of the
J district, and then he issued hia proclama.
'ion and sent Cbamissionsrs Z, ir,4f with
, me Insurgents. And, lastly, when All el.o
J. '.iled' The militia marched into the dis
, Affected district Of the STATE. and M. a.
' aurgenis submitted.
I. Such vas the process Of snso,.,,, 4. I.
y laws In the days Of wasbinrton IT, ~
Law has but little changed, bot how ob.ns
Cd the practice Militia arc called ~,
not 10 support "1ks ordInayy cows. ~ 49,,
2 eiaf pvOsssdirga ~ a. poper vested n "A,
; A'vseas bg AZ aet "of 1905, but % 49,,
posaels AZ Joris places. aud propers, ,,5{.t
. Aaps oeen asisea from ~ Usies." That 4.
, carrying On var Il h no civil process. No
r judge b called upon. no writ Of elect
ment e sued ont no execution or pro-
. cess i pat IN The hands Of the Msr.bal
J. % b executed, no civil authority !, n.
q voked. no grand jury l. summoned. no
, Indictment FOR treason 4 found. M ,yi.f
. = askod, bat the President sl,s a. ME-
? and orders the aFued forces Of the nation
y r''ake lhs ioris Fspsdls,, Of STATE