The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-01-13

approaching rebellion.
The book concludes by notice of the
successful domestic and foreign policy oi
I the Administration In the portion oi
| it concerning our relations with the Mex
iean Republic, history of the origin and
nature of the Monrone doctrine is appro.
priately included.
| 1t has been the authors intention, in
the following pages, to verify every state
ment- of fact by documentary or other
authentic reference, and thus save the
reader, as far as may be possible, from
reliance on individual memory From
the use of private correspondence lie has
resolutely abstained j. Is.
WHEATLANp, Sept. 1865.
We sow proceed to give extended ex-
tracts from Dir. Buchanan's book, and we
ask every reader to peruse them. The
vindication of the venerable ex-President
is complete and unquestionable. lie
places the responsibility of the war ex-
actly where it belongs-upon the Aboli-
ton party:
CHAPTER VIII.
coSScREss PASSES NO MEASURES TO ENABLE THq
PRESIDENT. TO EXECUTE TuE LAWS or pEFE,T
THE GOVERNMENT.
We have already seen that Congress
throughout the entire session. refused tt
adopt any measures of compromise to pre-
vent 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 with
drawal of their Senators and Representa-
tiveS, and the formation Of their coniad.
eraey, Il a-os The inpperoffre }atg If Co.,-
gress to furnish The President ar his sltc-
cessor the means Of rcpclliag force b.
force, should this become accessory to pre-
selre The Llnjon They. fferertheless. re-
fused to pe7Jorm this duty ,cith as much
perttHdcity as they hd7 monifestsa IN re-
Ipadiatia9 ali measures Of compromise.
rHEY nEoLrxE 70 REVIVE THE AUTHORITY OF Tnr
FEDERAL JUDICIARY * souTH cAR0LiS4.
l. Atsthe meeting of Congress Fed
eral Judiciary had ceased to exist in South
Carolina The District Judge. the Dis
trict Attorney. and the United Stats
Marshal had resigned their Offices. These
ministers Of justice had all deserted their
posts before the act Of secession. and the
laws of the United States could no longer
be enforced through their agency. We
have already 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 rene
Idy for the evil
THEY REFUSE TuE AUTHORITY TO C4fE. FanFH THz
MILITIA on AreIrT VOLUNTEERS.
2. Congress positively refused to pass a
law conferring on the President authority
to call forth the militia. or accept the
services of volunteers, to suppress insur-
rections which might occur in any State
against the Government of the United
States. It may appear strange that this
power had not long since been vested in
the Executive. The act of February %.
l195. q Stat. at Large. p. 424 the only
law applicable to the subject. provides
alone for calling forth the militia to sup
press Instructions against State govern
ments, without making any similar preyi-
sion for suppressing instructions against
the Government of the United States.
IF anything were required beyond mere
inspection of the act to render this clear.
it may be found in the opinion of Attor-
ney-General Black, of the 10Th Novem-
Der, 1860. Indeed it is plain casus
onefssals. This palpable omission. which
ought to have been instantly supplied.
was suffered 30 continue until after the
end of Mr.. Buehanan's administration.
wlren, on the 10Th July, Congress CON
ferred this necessary power on the Presi-
dent. (12 u. s. Stat. at Large, p. 2S1. !
The trainers of the act Of 1895 either did
not anticipate an insdrrectioa within any
State against the Federal Government or
if they did, they purposely abstained
from providing for it. Even in regard to
instructions against State government.
SO jealous were they of any interference
on the part of the Federal Government
with the rights of the States, that thew
withheld from Congress the power to
protect any State against domestic vio-
lence T" except on the application of the
Legislature, or of the Executive (when
the Legislature cannot be conyened). !"
Under the act of 1895, therefore, the
President is preeluded from acting even
upon his own personal and absolute
knowledge Of the existence Of such an
insurFeetion. 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 man.
ner prescribed by the Constitution. Tt
was the duty of Congress. Immediately
after their meeting, to supply this defect
in our laws, and to confer an absolute au-
thority on the President to call forth the
militia, and accept the services of volun-
teers, to suppress insurrection against the
United States, whenever or wherever
they might occur. This was precau-
tionary measure which, Independently of
existing dangers, ought long since to have
formed part of our permanent legisla-
tion. But no attempt sDas erer made IN
Congress to adopt 1t until after the Presi-
deat's special message Of the 8th January
1861, and then the attempt entirelyJsailed,
Meanwhile the aspect of public affairs
had become more and more threatening.
Mr.. Crittenden's amendment had been
defeated before the Committee of Thir-
teen, on the last day-of December; and
it was also highly probable that his prop
osition before the Senate to refer it to. a
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 conventions for
the purpose of seeding, Nay, more,
several of them had already seized the
forts, magazines, and arsenals within
their limits. Still, al this failed to pro
duee any effect upon Congress. 1t was
al this crisis the President sent his