The Placer herald., 1861-06-29
[From the N. Y. Journal of Commerce.l
Can the Army and Navy be employed,
Constitutionally against State.

FROM tne N. |. JOurnul OI OOmUleTce.l
Can the Army and Navy be employed,
Constitutionally against State.
A question we'll worth the attention of a
free people, is brought up by the presen,
crisis. 1t is this-what are the Legitimate
uses to which the Army AMI Navy may be
put! The Republicans insist that President
Buchanan, by strongly reinforcing the
Southern forts just after the Pres dental
election, might have prevented the whole
secession movement. Howl Would his
military forces have interfered directly to
prevent the holding of elections or Conven.
tions of the peoplel Hardly. Would they
have dispersed the Conventions We pre-
sumo no one would advocate such an appli
cation OF military force Would they have
surrounded the Convention, and by threats,
either in words or in dumb show, have pre-.
vented the members from voting for seces.
sion! If in none of these ways, how then
would the military forces have prevented Sc
cesson?
The essence of the secession movement
was the ordinance whereby, under The same
forms as those 10y which they accepted the
Constitution of the United states, the peo.
|
that Constitution. Bv this ordinance what
ever we may here think of ii, the State
government. in all its departments, Executive,
Legislative and Judicial felt itself bound.
The secession ordinance had the same effect
in The seeded States. as q new State Con-
slituion, ordained here by the people OF
New York, would have among us. Every
one aud everything conform, in such case,
to the new fundamental law, legislative acts
Judicial decisions, the public action OF execi
utve officers, the private conduct of indi'
viduals. Very different, this, ON m nsur
rection, however extensive, of individuals
not organized or recognized as a government,
aud who therefore have not with them but
against them, the overs OF government,
the executive, the laws and the courts.
Here lies the difficulty of the case; that
our General Government acts upon ndivid
nals only, and has no lawful power to act
upon State Governments This, (that it acts
upon in!i>iduals,) is the great distinction
between The present government and The old
Confederation. TIE old government could
act only upon States, and in no case directly
upon individual cilizens While, then, be
fore secession, there WAS no lawful excuse
for using force against Individuals
secession it was impossible to get at iudvid-
ua citizens except by. first putting down the
State government in all its departments, ex
erul e, legislative and judicial The MAJ
chnery whereby the General Government
could reach individuals was gone; its Judges,
It's Marshals, all its legal machinery. The
only antagonist in presence of the General
Government, was the State; a State cannot
be taken bv writ, tried in Court for treas,
on, nor put to death by judicial warrant;
and there can he found no authority for the
General Government using the Army and
Navy in making war against State govern
ment.
The right to make war upon a delinquent
State was claimed under The old Contedera
tion, although never exercised. The Con
federation being II mere league of States,
the only means Of enforcing compliance
with the terms Of that league were the
same means rs one nation always has OF
enforcing compliance with treaty made
between it and another nation. to wit, war.
There was no way provided, by which the
Confederation could reach the individual
citizens of II Safe through legal procc s.
BY the present Constitution we gave up this
remedy OF war against State, and substi
tuled for it the remedy of legal process
from the General Government direct to in
divilual citizens. If the new remedy fail in
ANY case, that gives us not the slightest right
to 90 ba * to the remedy we gave up
Ilea" Mr.. Webster, in his speech on the
Fore. Bill:
"Thc great object was to supercede the Confed
Grafton by regular governments; BECAUSE under
the Confederation. Congress had power only to
make rcqusitons on States; and II States declin
ed compliance, as they did there was no remedy
but war against such delinquent States. 1t would
seem. from Mr.. Jeflrrsun's correspondence in 1886
and 1887, that he was OF opinion that even this
remedy ought to be tried. He suggests that
single rigate would soon levy, on the commerce
of delinquent State. the deficiency of its contri
button. But this would be war; and il was evident
that Conledcracy could not long hold together,
which should be at war with it's members. The
Constitution was adopted to avoid this necessity.
1t was adopted that there might be a Government
which should act directly on Individuals"
lie also quotes from Samuel Johnston, Of
Connecticut, (when urging the ratification OF |
the Constitution by that State TO prove that
this the great distinctive feature of the |
new Government as follows:
''The Convention saw tins mperectiOn, that In |
attempting to legslate for States in their poti-
cal capacity, the coercion of law can be exercised
by nothing but military force. The Constitu-
tion vests in the General Legislature power to |
make laws in matters of national concern; to ap-
point judges to decide upon these laws; and to
appoint officers TO carry them into execution.
This excluded the idea Of armed force Thepow-
er which is to enforce these laws is to be legal
power, vested in proper magistrates. The force
which is to be employed is the energy OF id,c; and
this force is to operate only upon Individuals"
Mr.. Webster also quotes, to the same ef-
feet Oliver Ellsworth:
''We see how necessary for the Union is q coer-
Give principle No man pretends the contrary