The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1861-01-12

may triumph over oppression and error
however strong; and error, upheld by
overPowering strength may also triumph
for time; but error not 20 upheld, can
triumph never If then, the President OF
the United States, presents himself to the
people Of the L. States, borne to that high
ststion upon the judi dgT-nts of the govern
ing power OF the United States, aud up
held there by the firmness Uf that govern
ing power, as tue executor OF their ]udg-
ments upon s II " ho resist their sOverei snty,
those judgments being Just, end that so
vereisnty being rightful,-is it not in the
lnterst OF humanity 10 say, that such judg-
ments and sovereignty will not be resisted
because in the fret place they ought not
to be, and in the second place, because they
cannot be? But the Constitution of the
United States has not alone conferred the
power of uphol!ing the sovereignty, and
executing the just DEGREES OF the govern
ing power OF the Union, but it has also
through the enactments OF Congress in AID
and furtherance of the powers conferred,
provided the means for carrying those de
cree. into effect. And here stand anna
zed, not that the President Of the United
States in his last message TO Congress
should nave untruiy stated, as he has done
majority 10 execute their Just DEGREES. ts
the destruction OF those powers, and to the
utter prostrstion Of the Constitution and
the Union, If his statement Of them had
been true but that il should have been left
10 me, humble citizen of a distant State,
TO notify the American people 0' this high
official treachery, and to point out 10
them the true power which It has been
the effort Of that treachery 10 conceal
The statement Of the President in his ines
-age 10, That the only acts Of Congress on
the Statute book, LearinE on th!s sutj"ct
are. those or tie 2Nth Of February, 1885,
and 81 Of March, 1907. These authorize
the President, after he shall have ascertain
ed that the marshal, with his passr coot'I
tss, is unable 10 execute civil or criminal
process in any particular case. to call forth
the militia, and employ the army and ma
W, to aid him il performing the ser"ice,
having first By proclamation comm ,nded
the insurgents to disper>e and return
Isaceabiy to their respective abole2 with
III Il limited time.
If the pnrport Of these laws had been
truly stated, then, indeed. would tt pow
er ot tie governing majority, through
their Instrument, the P.e,.I-4t Of the
United States, have been iu.oteht for the
preservation Of tie Union. Mnosoeyer
would. Il lie could resist . marshal, night
dissolve it ct hi- pleasure Unless, In
deed it could be maintained that the duty
of the Pr@~.laut, t. take care that the
l-w- l., fs.tlt.,ly executed -,5i.uEiIg di-
r-ctly from tie Constitution it-elE and his
Office oi ColnlaaaG.r-i--aA.sf of tu- army
AID navy OF tie United States syrinEinn
also directly from the Constitution. could
be COUPLED with the fyrmer. a. tL- cousti-
tut.ous. means Of executing tie ccH-titU-
tionaI duty. aud 90 dispense w.tA tie ne-
e--.ity Of ~! act Cf Congress on tie sub
let. Eut l.o Au.scie-. ztl-e-4.aD. - lar
! know. H. ever Yet -4T-agll -l.h
proposition. or i.r.a4stsa :.-t such . one
could be maintained 1t J. not | that
should -ay i cannot IL supported. al
though hitherto I.~Htc advanced. @. that it
c.m tr. SGnA i. I-ay"- l;i,.. certainly, =
not within the pUfTi-N O.! IAe message al
the President hud Iow, set ME exhibit
II the american ueopl-, the isH- inst
have been f&.-.l5zi by their L.-Av.t eE@cil-
tive officer That o4 Tie ; ia February,
l.s5. is = follows: That r!IrneveT the
LAWS or TIE CS3Tso ,-r.TES tust the pro
>s= oF tl-r T--ses!l-i~N -rt-tsi ss- s.tG0-sD, or
tie execution THFEEOF CE-ggvCrL-u -, a,,..
state, by CotsisA-Ioss TOO powerful 10 be
-! ;rr.>ct iy the o;aiusry couIse Cf iud:
ci-i proceedings. or by tue po~ers vested
ia the IaaT4Eai- Is this act. !, shall bs, law
'gl Tor the President - cal forth the mill
"a Ot such State, or %" i>Y C-.;Ei: STATE o.
STATES, a. may lie Necessary u suppress
such combinations, Gr3 {. -r..sr t.r LAWS 10
= a"t> cr, -.tzs. aud the Use 81 such militia
may be continued until thirty dav- after
the commencement Of the then next ses-
sion of CanCr--s. - HUulap- Statutes. p.
~ Tie act Of tie a,i II March. 1871,
authorizes the President To use the army
and navy Of the United States Tor the
same purposes that he : euthol:zetl II cal!
forth the militia 81 accomplish 30 the fore
gb:ug sct. And the Supreme Court o! the
tu!t'd States have decided (l2 y h-ajon.
iI-2'.j That tf.e President of the Uuited
States S the EXCLUSIVE iuig" of the eX.-
gency FOR So calling forth the militia and en-
T.OyiUg the army and navy Of the United
states Here = a power gwen, duty
enioined, and the means Of executing that
duty prGvideG-EoT ~ execut. msr.ha! :
process only, bat to overcome ALL orrosl
TioN or OBSTRUCTION 10 tie Lirs OF the
United States by CuNBIS.TICss too power
fui to be suppressed by the ordinary
course OF Judicial proceeding Here are
AMPLE means provided to enable the 90
!
lawful DEGREES into effect and to overcome
ell opposition or obstruction thereto by
the combinations or force Of whatever fac
tious or evil disposed minority. Aud the
President OF the United States. backed by
the army and navy of the United States.
and with An unlimited power Of call upon
the militi. of the whole Mon, i the
sworn executor Of those drcrees. There Ii
another di-;ncenuousness on the part o,
the President, in his late message tina;
ought not 10 remain unexposed. 1t !s All
attempt to wre-t. untrGly the authority OF
th,. Fathers who framed the Constitution
TO notification Of the vital force Of that
Instrument. The language of Ar Aadi
son, in debate on the 3ist OF Nay, l.S., Is
stated by the President TO have been used
heA the case authorizing the Executive
10 use the force of the whole against de
linquent State came up for consideration.
/ This i true And it is also true that he
used the language imputed to him. But
in the next sentence he used this other
/ language as well. That he hoped that
such q system would be framed would
J render this rccource unnecessary. And
now, upon inspecting the proceedings OF
the S,h of June. also referred TO 10y th"
President, aud the proposition in support
I Of which Mr.. Madison used the Ian ngus .,e
/ imputed to him on that day, directly the
opposite proposition, namely, A ciaG-e
giving the National LEGISLATURE a negative
on such laws of the States as might be
+ contrary to the Articles OF Union, or ,rca.
+ ties with foreign nations is found 10 lie
the case under consideration. ard 70 have
/ been treated and supported by Mr. Hsdi-
, son as a substitute for the force clause
! IL, J. Il .1 -
same time, that the force clause WAS the
only alternative, if the negative, which he
was supporting, should rot be adopted -
! To show that this Is So, | will trslscribc q
few sentences, as used by Mr. Madison i'm
nledistelv preceding the sentence sscribed
TO him by the President. and o, e sentence
: G ll.s:...z :. IL L = l