East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1865-12-13
PRESIDENT BuCHANars vlNulcATlon.

PRESIDENT BUCHhNArs vINDIcATloN.
Extracts from His Book, Showing Why
the Southern Forts were not Garrisoned
Exposing the Culpab BILE N Neglect Of Con-
bellion in the Bud, and Completely Vim
dicating the ex-President from all tho
Charges brought Against Him.
CHAPTER VIII. ~
CONGRESS PASSES NO MEASURES TO ENABLE
THE PRESIDENT TO EXECUTE THE LAWS
OR DEFEND THE GOVERNMENT.
We have already seen that Congress,
throughout the entire session, refused
to adopt any measures of compromise
to prevent civil war, or to retain first
the Cotton or afterwards the Border
States within the Union. Failing to
do this, and whilst witnessing the
secession Of one after another of the
Cotton States, the withdrawal of their
Senators and Representatives, and the
formation of their confederacy, n ,cas
the Imperative duty Of Congress TO J"n'sh
the President or his successor the means cf
repelling force By force, should this become
necessary TO preserre the Union. They,
ner@theless, refused TO perform this duty
wih as much pertinacity as they had man
Jested in repad'ating all measures Of CON-
promise.
THEY DECLINE TO REVIVE THE AUTHORITY
OF THE FEDERAL JUDICIARY IN SOUTH
CAROLINA.
1. At the meeting of Congress a
federal judiciary had ceased to exist in
South Carolina The District Judge,
the District Attorney, and the United
States Marshal had resigned their otii-
ces. These ministers of justice had
all deserted their posts before the act
of secession, and the laws of the Uni
ted States could no longer be enforced
through their agency. We have al
ready seen that the President, in his
message, called the attention of Con-
gress to this subject, but no attempt
was made in either. House to provide
a remedy for the evil.
THEY REFUSE THE AUTHORITY TO CALL
FORTH THE MILITIA OR ACCEPT yoLUN-
TEERs.
2. Congress positively refused to
pass law comforting on the President
authority to call forth the militia, or
accept the services of volunteers, to
suppress instructions which might
occur in any State against the Govern
ment of the United States. 1t may
appear strange that this power had
not long since been vested III the Exc
cutive. The act of February %, 1895,
Il Stat. at Large, p. 42I, the only law
applicable to the subject, provides
alone for calling forth the militia to
suppress instructions against State
governments, without making any
similar provision for suppressing in
surrections against the Government of
the United States. If anything were
required beyond a mere inspection OF
the act to render this clear, it may be
found In the opinion of Attoruey-Gon
eral Black, of the Goth of November,
1860. Indeed it is plain c0SUs Omissus.
This palpable omission, which ought
to have been instantly supplied, was
suffered TO continue until after the end
of Mr.. Buchanan's administration,
when, on the 29th of July, 1861, Con-
gress conferred this necessary power
on the President. 12 u. S. Stat. at
Large, p. 2S1.) The trainers of the
act of 1895 ethics did not anticipate
an insurrection within any State
against the federal government, or il
they did, they purposely abstained
from providing for it. Even in regard
to instructions against q State gov
ernment, so jealous were they of any
interference on the part of the federal
government with the rights Of the
States, that they withheld from Con-
gress the power to protect any State
"against domestic violence" except
ION the application of the Legislature,
or of the Executive (when the Legis-
lature cunnot be convened.") Under
the act of 1906, therefore, the Presi-
dent is precluded from acting even
upon his own personal and absolute
knowledge of the existence of such an
instruction. Before he can call forth
the militia for its suppression, he must
first be applied to for this purpose by
the appropriate State authorities, in
the manner prescribed by the Consti-
tuition. 1t was the duty of Congress,
Immediately after their meeting, to
supply this defect in our laws, and to
confer an absolute authority on the
President to call forth the militia, and
accept the services of volunteers, to
suppress insurrection against tho Uni
ted States, whenever or wherever they
might occur. This was precaution.
airy measure which, independently OF
existing dangers, ought long since to
have formed part of our permanent
legislation. BIT no attempt was ere,
made ~ Congress TO Gdopt ii until afte,
the Presidents special message Of the SH
Of January, 1861, and then the attcmp,
entirely failed. Meanwhile the aspect
Of public affairs had become more AID
more threatening. Mr.. Crittenden's
amendment had been defeated before
the Committee of Thirteen, on the last
day of December; and it was also
highly probable that his proposition
before the Senate to refer 1t to vote
of the people of the States would share
the same fate. South Carolina and
Florida had already seeded, and the
other Cotton States had called conven.
tons for the purpose of seeding
Nay, more, several of thcm had already
seized the forts, magazines, and arsen.
ais within their limits. Still, all thi:
failed to produce any effect upon Con.
gress. 1t was at this crisis the Presi
dent sent his special message to Con.
gress 18th of January, 1861, by which
he endeavored to impress them with
the necessity for immediate action. =
He concealed nothing from them
Whilst still clinging TO the fading hope
that they might yet provide for {
peaceful adjustment of our difficulties