The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-03

ucn or HON. JOHN oocRAsE, NEW YORK, ON TIE FORCE
BILL.
In the House on Friday the Force bill being under con
sideration, Mr. JOHN CouRAsE opp Of NJ r. spoke as
follows
Mr. SPEAKKR-Upon the heel Of an important vote Of
the House, auspcious Of concniaon and returning har
mony am sorry 70 this Of coercion again
pressed upon Its attention The language profusey be-
slowed by s advocates upon the arguments they have
guar IDEAS both the nature the powers OF 60
vernment The opinion seems TO prevail on the other
.ide Of the House. tnst ours y Of central
The extremtes, composed OF sovereign Sates do not
appear to have attracted genemens attention. because,
point where evidently is supposed reside govern
mental organism provided with all the appliances OF alb
soute sway i is not my purpose TO contend against
present against the ttutonay OF the proposed law
may expose its falacy FIRST however, may oe well to
10 the state Of those affairs, the regulation of
which II is designed by the passage of this bill
to accomplish. convulsion as remarkable as any
the world has ever witnessed has cast from their federal
der alton which recently numbered In fact thrtythree
States has attributed TO 1t but twenty eight. Six
States therefore, have severed their connection with the
central government and to direct their future
by their inherent sovereignty Others are con-
templatng similar departure, and the probability is
that q few months will witness further dismember
ment Of the American republic. II cannot be surprising
that events Of such magnitude should have excited the
public mind to s tension and have ultimately
Involved In dsiempered disorder the opinions the feel
ings and The habits Of the whole people Rumors Of CO.
efcion and resistance and menaces OF sangainary CON
ct ritate into alarm and contribute to the unhappi
Of the country II is TO such state Of confusion,
at such time that the Of the gentleman from
Ohio addresses itself. is proclaimed, to be
sure, to be a measure of peace, lenient pre-
caution Of defence. Sir, the true intent Of this bill
we may judge from it's inevitable effects is war Not
with foreign enemies lodged by successful invasion
In midst, but against fellow citizens,
friends and kin. In word, civil war. The additional
contingency expressed upon ts face TO be that in which
the President shall be authorized 70 invoke the aid Of the
militia and to accept she services OF volunteers is the
of against the authority OF the United
States" There be question that the authority of
the United States government is repudated and dehed
through nearly ali Southern borders. Its property
IA Nas ,ss = Se in
tenton Of the friends Of this bin TO apply its provisions
The Of nsurrection referred 70 In the bill include
the acts above recited Indeed, the resolution OF the
Houee under the authority Alone Of which the gentleman
from Ohio enabled 10 introduce his bill, refers dis
tncty TO the protection Of the public property Of the
United States This resolution empowers the committee
represented by the gentleman from Ohio to inquire
whether any further legislation required to enable the
perty" need not, therefore, Mr. Speaker, argue from
such state Of circumstances that the intended destna
ton Of this bill when II shall have become law is for
reduction by the Of arms Of all resistance which
shall ntepose between the army levied for the protec
property BY the declared insurgent states. think,
therefore, Sir that / am justified in the assertion
that 80 far from this being measure OF peace 1t de-
nunaton Of fa from providing the means Of de-
fense 1t denounces hostile invasion for the eventual
purposes Of subugation But are told that this is
but enactment OF the law OF 1796, and therefore,
cannot be obnoxioui to constitutional objection If 1t is
but re enactment must confessedy be unnecessary,
and SSS Il for no As5 Ssr.Ts
this harmless character. 1t proceeds just
step in advance Of the law Of 's5, and it
is exactly this point that the objection OF unconsu
tonality s ieveed II will be remembered that the
stitutiona requison s that the President shall take
that the laws he faithfully executed Another requ
sticn familiar TO oil Ia that the United States shall
protect each State against nvasion and upon the re-
QUESTION Of the specified State authorities against do-
the constitution and discharge these and only these
the congress invested with power to provide for call
ing forth the militia TO execute the laws OF tne Union
congress executed by the enactment Of the law o
1896 Therein provisien is made for calling out the mill
tia by the President in cases Of INVASION In cases OF oppo
ston the laws OF the United States obstruction Ia
their execution, and for repressing any insurrection
constitutional requiston Of the specified state
tes Theee all requsitions provided
for; and thus, in cases Of nsurrecton contemplated
by the constitution the militia and military forces
Of the United States subordinated TO the civil IL is
to be observed that the of reprcssing insured
tons within the constitutional prohibition Is bestowed
for the assistance Of the State governments and that the
federal government is vested with no unconditional or
absolute Of procedure against Instructions any
where. Another notable fact that the execution OF
the laws by both constitutional and statutory provisions,
is referred primarily to their operation upon individuals,
through the nstrumentay of the ministers of justice
the cpgnery Of the law And only after the failure
Of the officer to execute his writ and Of the posse Of the
country enable him do So the aid Of the land
snd naval forces invoked under the law Of 1907 to
the aid Of the foiled civil authority The paramount
power Of the civil arm disclosed throughout this brief
statement of the supreme law Of the land It's superiority
and the subornation Of the military TO 1t was
ecured through the simple constitutional pro-
vision for executing the laws upon individu-
ais, through the coercion Of the magstracy, rather
thAh upon political communities through the coercion OF
arms. Had this last power been confessed the constu
tion would have empowered the suppression oy tne null
tia and army Of any and all nsurrectious however for
midable their dimensions extensive they might be- In
such case too would the proposed law have been const
tutiopal and lis obvious intent 10 constran seeding
States to federal fealty violated organic provi
sion. The effect, however, would none the less have
been civil war and sanguinary conflict Such were the
powers with which the central government was entrusted
under the articles OF confederation II but league
and TO ectve the force or the central body could be
applied only 10 independent members But the attempt
TO enforce the power would have precpitated nternecne
strife and the execution Of the law could have been but
g The Of Ss sss wes
the abandonment Of former confederated system
should now be claimed a. dcrvative by political char
atanry from present constitution, ordained and
tablished among other things, 70 correct this very evil
Gentlemen seem TO have forgotten, when proposing
method Of S correcting the d's9Ssdsncs Of
very power, under the articles Of confedera-
ton which chiefly parayzcd the government they Great
ed might enlarge, sir, upon this subject, with benefit
TO the Argument. But / refrain. The temper Of the
House does Justify It, will my materially
suffer by the omission. cannot omit, however TO press
into my service the controlling authority Of Hamilton,
directed specifically to this very point. He says,
in the ifteenth number Of the Feieratia -
Government implies the power Of making laws II In
essential TO the idea OF law that be attended with
sanction, Or in other words penalty punishment fr
dsobedience. II there be penalty annexed TO dis.
obedience, the resolutions commands which pretend
10 be laws will In fact amount TO nothing than ad
vice recommendation. This penalty, whatever II may
be- only be inflicted in two ways by the agency Of the
courts and ministers OF justice or By military force by
the coercion Of the mngsracy, by the coercion OF
arms. The first kind can evidently apply only TO men
the last kind must Of necessity be employed against
bodies polite, or communities States II Is evident
that there s process Of court by WI ch their observ
ance OF the laws can, In the last resort be enforced
Sentences may be denounced against them for violations
OF their duty but these sentences only be carried
into execution by the sword In association where
the general authority Is confined TO the collective bodies
OF the communities that compose It, every breach Of the
laws must involve state Of war and military execution
must become the only civil obedience Such
state Of things can, certainly not deserve the Of
government nor would any prudent choose to com
init his happiness to it.v Again. he proceeds in1the six
teenth number Of the FsierdlI 70 say that "fe ten
of of