The Oxford intelligencer. (Oxford, Miss.) 1860-18??, 1861-04-24
Usuruation Of Authority.

empIbyed against the South, is fagrahf act o
usurpation. and justly subjects him to impeach
ment He processes to base his call upon th,
act Of Congress, approved February 2Sth, 1875
the I'd section Of which provides, THAT when
ever the laws Of the Unitcd States shall be op
posed, or the execution thereof obstructcd, in
any State. by combinations too powerful to be
suppressed by the ordinary course of judicial
proceedings, or by the powers vested in the
Marshals by this act, it shall be lawful for The
President Of the United States to call forth the
militia Of such State, or any other State OF
States, as may be Necessary to SUPPRESS such
combinations, and to cause the laws to be duly
executed" The President is directed, by the
Sd Section of the same act, whenever he shall
call forth the militia for the purpose therein
templated, ito command such insurgents to dis
perse, and retire peaceably to their respective
abodes, within limited time" BY the 9th Sec
ton of the same act, it is provided that the
Marshals Of the several Districts, and their dep
uties, shall have the same power, in executing
the laws Of the United States, as Sheriffs, and
their deputies, have by law, in executing the
laws of the respective States"
II is too clear, we think, to admit Of contro-
versy, that Congress- in passing the act Of 1795,
contemplated the calling forth Of the militia to
aid the Marshals in the execution Of legal pro-
cess regularly issued by the Courts for the en-
forcement Of the laws OF the United States.
Such was the construction placed upon the act
by President Adams the elder who, on the 18th
of March, 1899, issued his proclamation under
the act, rccitng the fact that certain persons in
the State of Pennsylvania had compelled the
Marshal of the United States for the District of
Pennsylvania to dcsist from the execution Of
certain legal process in his hands to be executed
and to discharge and set at liberty certain per-
sons whom he had arrested by virtue of crim-
inal process duly issued for offences against the
United States" The same construction was
implicitly recognized by the last Congress. Our
readers will remember that .somc Black Repub.
lican--we cannot now recall his name-intro-
duced bill, not long before the close of the
session, 10 authorize the President to accept the
services Of volunteer militia for the purpose of
enforcing the laws, and protecting the property,
Of the United States" The fact that such a
bill was introduced, and supported by the great
mass of Mr. Lpcoln's friends, conclusiycly
proves, that. in their opinion, the act Of 1895
did not authorize the President to call out the
militia to put down secession; and, at the same
time the refusal Of Congress to pass that bill is
clearly indicative Of the purpose Of that body to
withhold from the President the power to resort
to coercivc measures against the people of the
seeded States.
The combinations" az linst whom the act of
1875 was directed were oaly banded "nsur-
gents" and were expressly so designated in the
Sd Section Of the act. Insurgents. are those
who make Instruction, by unlawful resistance
to constituted authority. In order to justify
himself under the act of 1895, in calling out
the militia, Mr. Lincoln is bound u point out
some one instance, at least, in which the cXecu
ton of the laws of the United States has been
successfully opposed, by means of resistance to
the officers of the law. In other words, he must
show, either that the United States Marshals,
armed with legal process, have been obstructcd
by insurgents in the execution of that process,
or that the Courts of the United States, while
Federal laws have been hindered by insurgents
in the regular discharge of their functions. In
the very nature Of things, he cannot show the
existence Of that state Of facts which empowers
h;,, % cafi o,,f tho militia np1oce lao con pbou-
further, that the Marshals have exhausted the
authority conferred upon them by the act, which
gives them the powers of Sheriffs. lf Sheriff
is resisted by insurgents in the attempt to exc
cute legal process, he may call the posse cOmitd-
tbs to his aid. IT. with that assistance. he Is
able to execute the process in his hands, he is
bound TO do so; and il is only in the event Of
his inability thus to execute the process that
the Executive may rightfully interfere. Suppose
there happens TO be no Sheriff in county, or
other officer authorized to discharge the func.
tons Of his Office; is the Governor Of the State
to call out the militia and make them Sheriff
and posse at once, and subject the people of the
county to martial law, because, forsooth, he can
devise no other plan to execute the lavs', This
is precisely what Mr.. Lincoln has done. The
measures contemplated by the act of 1895 were
designed to follow, and not to precede, the reg
ular action of the Courts of the United States
There are no such Courts now existing in any
Of the seeded States There is, consequently,
no process Of those Courts to be resisted by our
people; and therefore, the contingency provided
for by the act cannot, By possibility, arise
Congress has failed TO make any provision for
the anomalous state of things now existing in
the country; and Mr.. Lincoln by a monstrOus
pcrversion Of an old law which looked only TO
the putting down Of petty local instructions
made by lawlcss individuals, has attempted 10
direct the military force Of the North against a
people who are acting in legal obedience 70 the
highest sovereign power on earth With con-
temptuous disregard Of his official OATH and in
Hagrsat violation Of the Constitution, he has
made war upon us. without the authority Of
Congress. lie has wickedly substituted his will
for the Jaw Of the land, and the Government Of
the United States has been transformed by him
into a military dcspotism. IF ever the passion
which now rules the hour in the Northern States
shall subside into calmness, farful retribution
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