Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1861-06-12

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ThE Cosati,sson (Art Let, ssctios
0)ne( hses thl Congress shall 1--we the
kpowse 70 ngUtide for calling fo5(h tho
Ftmditie 70 execute the Laws Of the Unioss
.upp,esa insurrection and repel invas-
iose.n
10 pursuance Of this provision Of the
Constitution, Congress passed the act
Il Feb. 26th, 1875. the second section
OF which declares "That whenever the
lave OF the United States shall be op-
posed, or the execution thereof obstruct-
~ - asy Staas, By sossbiaas;oas too
powerful 70 be suppressed BY the ord.n'
airy course Of judicial proceedings. or by
the powers vested in the marshals oy
this act, it shall be lawful for the Presl
dent OF the United States TO call forth
the militia Of such State, or any other
State or States. - shall be necessary 70
suppress such consbisa tions, and TO cause
the laws to be executed"
Congress also passed the act of March
Sd. 1907. a. Eollows "That 10 oil csses
II insuvvection, or obstruction to the
,awr, either Of The United States, or an,
individual State or Territory, where it IS
lawful for the President Of the United
States to call forth tie militia for the
purpose OF suppretsing such insurrection
" causing the laws to be duly executed
It shall be lawful for him to employ for
the same purpose, such part Of the land
and naval force OF the United States ~
shall be sdjudged necessary.
The first question which arises, in ar
irving at the time construction and
meaning Of the above acts 10; what is
the character OF the combinations TO be
80 suppressed
1t will DO observed that these acts
represent the combinations the e,u con.
'empIated, ~ opposing the laws OF the
United States, OF 06structing the execu-
ton thereof, and too pow ertui to be sup
pressed by the ordinary Judicial pro.
cceding, or the powers OF the marshals.
The Supreme Court Of the United
States, in the case OF Frcr, says "the
court are Of the opinion that il body 0:
| people resist or oppose the execution II
- statute OF the United States ty {, rec,
they are guilty OF the treason Of levyiny
War;' and the guantam of force employ
ed neither increases nor dimlnishes the
crime ; whether by one hundred or one
thousand persons, is wholly imGaterisl
IL is pain, then, u at the character Of
The com nations contemplated 10 these
acts OF Congress, is, that Of a DO 1y OF
people levying war against the United
States.
The next question is: what is the
magnitude and pcscer OF the combna.
tio"s, within the IN. aning of these acts
These laws Of Congress. in placing al
the disposal Of the President all Of the
militia, land and nav al forces to suppress
such comblnations--evideutly contem-
plates them, rs being armed, and oil
great magnitude and power
1t will be perceived that these laws
being silent as to the force and magni-
tudc of the comb,nations-and, at the
>ame time, authorizing the President To
call INTO requ sit,on all the mil tia, land
AID naval forces to suppress the same
evidently comprehend, within their trne
intent, all combinations, possessing al
extent, magnitude aud power, howeve,
great and formidable, and composed o.
fe.s,'' =. Uv"'ee VI people, numbering
one hundred ,one thousand or one mill,Oo
and extending through one, three, seven
rr any number of States. The Ianguag.
Of the law being general and nnres i, let
i've, necessarily comprehends all illegal
combinations respective of magnitude
and force.
bn, it NAV be asked, is it possible that
the Constitution and la,cs passed IN l,ur-
suance thereof, empower the Pre- sid, q,
10 coercc or snhjugate State into oLe.
dtence to the laws of the Unlous The
fultacy ofsuch an objection arises from a
wrong appre hension of the operation OF
The laws aud powers of the United States.
The laws of the General governmen. aci
directly upon individuals, ana not merely
upon States. The Constitution provides
that, mo State shall enter Into a treat,
confe deration, coin money or pass any
laws imparing the obligation of con
tracts" Yet ifany State, in fact, do any
act. or pass any laws thus prohibited Nv
the Constitution, he General Government
d,es not employ It's military forces to CO
cree such Staten its sovereign capacitv
to a4ndO snch unlawful &C or repeal such
unconstitutional laws; but Individuals
whether acting in nnla~ ful como,na
tons or in Legislative, executive, or any
other capac'ty,-engaged in doing such
acts, or passing snch laws, and attempt
ing to carry the same into eff-ct, contr0ru
to The Constitution and laws made IN pur.
suance thereof, and Il ereby opposing OF
obstiuct'ng the same, alone are held
mensble to the laws Of the Union. The
General Government exacts obedience TO
It's avs from individuals as citizens ofthe
United States-and inf1icts punishment,
on the same for disobedience thereto.
Hence. every living soul within the con-
lines ola State, may lie in unlawful CON-
b'nation opposing the laws Of the Union:
yet the General Government holds eacl,
identical person responsible in SUP.
PRESSING such combinations, it knows no
State boundaries-no state sovereignty.
Again the Chief Justice says in Civ
ing the opinion OF the Supreme Ccur:
u How y unqucstionably q State
NAV use military power to put down an
armed ,nsnrrection too strong to be con-
srolled by civil authority. Tbs power
IA essential II sL,.