The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-06-21

Whlcn was acteu upon Dy the iour fresi-
dents more endearcd to the American peo-
pie than others at the most critical period
in their respective Administrations If
this was done TO show that the govern
ment Of the United States possesses in the
fullest measure the power Of self-protec-
tion through its own constitutional agcn-
cics, it was simply an attempt to establish
a proposition which no sane mind will pre-
tend to deny, and which is in no wise in
consistent with the spirit or letter Of the |
bill which he found ii impossible to ap-
prove. But a bare comparison of the sew
eral acts would have shown him, that,
while the object to be attained by each Of
them was precisely the same, there is
material difference in details Of tho one
assigned by Washington, in 1892, or the
one approved by Mr.. Jefferson, in 1907,
aud those of the section 529S, as it ap,
pears in the Revised Statutes; and, be-
sides, if he had examined the facts con-
nected with the transactions TO which he
alludes, he would have found that neither
Of the four llustrious patriots and states
men to whom he refers either did or pro-
posed to do anything which would not
have been perfectly lawful under the
strictest letter Of the bill he return
ed to the House had it been 10 force at
the time. He would have discovered,
moreover, that neither Of them ever con-
strued either Of the acts cited by him as
comforting upon the President or any Of
his subordnates any arbitrary or extra
legal power, but merely as authorizing the
use of necessary means for securing the
execution Of the law in the regular meth
DDS and through the agencies prescribed
by the law.
In the whisky insurrection of 1893 four
large bodies of men were engaged, not 10
any mere sudden ebulitiOn Of violence or
temporary outbreak against the peace Of
the State of Pennsylvania, but in open and
notorious rebellion against the lawful au-
thority Of the United States, amounting,
as was adjudged by the courts, to the
treason Of levying actual war. (Seo cases
Of the United State VS.. Vigol and others,
2 Dallas, 3l6,) The insurgents were ar
rayed in military manner, affected military
forms, and were to all intents and purposes
armed enemies Of the Ulited States, and
might have been lawfully repelled by mill.
tary force at any time or place, especially
when their numbers or violence rendered
resort to such force necessary TO enable
the proper authorities to execute the laws
according to regular legal methods. Those
methods were well understood by Wash.
ipgton, who accompanied the troops in
person to see that they should respect
them, constantly enjoining the strictest
subordination Of the military to the civil
power, and that "the army should not
consider themselves either as the judges
or the executioners of the laws, but
only employed to support the proper au-
thoritles in execution OF them" (Judgc
Woodbury. In LuthuF vs., Borden, Z
Howard)
Whatever may have been the real facts
in the coutroverted case Of Aaron Burr, il
is certain that the measures taken by
President Jefferson to suppress the further
progress of that enterprise 'were resoFtod
TO under the conviction that Burr, with a
large body Of armed adhercnts, was in the
act OF levying war upon the United States
for the purpose of efeeting dismember-
ment Of the Union and the overthrow of
the government in the Territories of the
Southwest, and that they were in every
sense of the word armed elenlles Of the
United States" See message aud docu-
ments, Annals Ninth Congress, vol. 2,
page 80, and Appendix. Under that view
Of the facts Mr.. Jefferson evidently did
nothing throughout the entire proceeding
that would not have been perfectly lawful
under tho very letter Of the bill vetoed by
the President had II boen IN force at tho
time. Nor did President Jackson in the
steps taken by him 'to crush notification
in South Carolina In 1882" In that in-
stance the people Of South Carolina, in
convention assembled, had assumed to
declare certain laws Of the United States
null and imperative in that State, and
vigorous methods had been instituted BY
the Legislature aud Governor to prevent
the exception Of those laws through the
organized agencies Of tho State govern.
ment, and by the entire militia force Of
the State II necessary. Had this been at
tempted it is manifest that their condition
would, ipso fdcto, have been one Of open
war against the United States. Pending
the preparation on the part Of the State
authorities, however, the President, hay.
ing some apprehensions from information
received by him that in the first efTerves-
cence Of feeling some rash attempt might
be made to seize the forts in Charleston
harbor took the precaution to straighten
those defenses, and dispatched certain YES
sells Of war to assist the garrisons in ease
they should be attacked. In the mean
time explicit instructions were issued TO
the commanders of those yesse's "to act
entirely on the defensive" while the gen
eral in command Of the land forces was
advised that the execution Of the laws
would be enforced through the civil au-
thorities and by the mode pointed out by
Congress. Congressional Debates, vol.
0, part 2,Appendix, l45-20l.)
Happily no contingency arose which
rendered it necessary, and the troops were
not even called upon to support the civil
authority in the execution Of the laws
through regular legal process. It's scarce
| ly necessary to add that when Mr.. Lincoln
issued his call for troops to save the
Union in 1861" was hagraut. Several
States had passed ordinances Of secession
from tho Federal Union and entered into
new confederation. Fort Sumpter had
been bombarded aud captured, aud the
very object Of the call for the troops was
to repel the armed enemies Of the United
States. 1t is abuudantly evident, there
fore, that had tho President approved the
bill he could in similar contingency,
have done everything that was done by
either Of his illustrious predecessors In the
instances cited without violating either
the letter or spirit of tho act. A sufficient
answer, however, to this objection is that
il is not true. Owing, perhaps, TO the
limited time be allowed himself il which
to prepare his message the President failed
to observe the fact that the various stat
utes to which he refers, including section
529S, are as completely abrogated or sus.
pended BY tho act approved BY President
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