The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1879-05-21
"Sec. 2. And be it further enacted,

OcC. 4 Aut oC ~ Aux sASt SooStSo,
that whenever the laws Of the United
States shall be opposed, OF the execu-
tion thereof obstructed, in aDy State,
by combination too powerful to be
suppressed by the ordinary course Of
judicial proceedings, or by the powers
vested in marshals by this act, the
same being notified to the President
of the United States by az Associate
Justice or District Judge, i shall be
lawful for the President Of the United
States to call forth the militia Of such
State, to suppress such combinations
and to cause the laws TO be duly exc
cuted and if che militia Of State
where such combinations may happen
shall refuse or be insufficient to sup
press the same. it shall be lawful for
The President, if the Legislature Of
the United States be not 10 session,
TO call forth and employ such num-
bers Of the militia Of any other State
or States most convenient thereto as
may be necessary, and the use Of the
militia SO to be called forth may be
continued, il necessary, until the ex-
piration Of thirty days after the
commencement of the ensuing ses-
sion"
In 1875 this provision was sub
stsntially re.enacted in law which
repealed the act of 1872.
In 1907 the following act became
a law, by the approval Of President
Jefferson:
That in all cases of iusurreetion
or obstruction to the laws, either of
the United States or Of any individ-
ual State or Territory, where it is
lawful for the President OF the United
States to call forth the militia for the
purpose of suppressing such insurrec-
tion, or Of causing the laws to be
duly executed, it shall be lawful for
him to employ for the same purposes
such part of the land and naval force
of the United States as shall be
Judged necessary. having frst OBJ
served all the prerequisites of the law
in that respect"
By this act it will be seen that the
scope of the law of 1875 was extend.
ed so as TO authorize the National
Government to use not only the
militia, but the army and navy Of the
United States 10 causing the laws TO
BE- duly executed.
The important provision Of the acts
of 1892, l795 and 1907, modified in
its terms from time to time to adapt
it to existing emergencies, remained
in force until by an act, approved by
President Lincoln Jolly 80, 1861, it
was re-enacted substantially 10 the
same language 10 which il is now
found in the Revised Statu!ss, nale-
ly:
"Sec 529s. Whenever, by reason
Of unlawful distractions, combina-
tions or assemblages of persons. or
rebellion against the authority of the
Government of the United States, it
shall become impossible, inxthe judge
ment of the President, to aepforce by
the ordinary course of tad6ial .pro-
eeedings, the laws Of the United
States within any State or Territory,
it shall be lawful for the President to
call forth the militia of any or sll
States, and to employ such parts of
the land and naYa! force5 Of the
United States as be may deem nec-
essary TO enforce the faithful execu-
tion Of the laws of the United States,
or to suppress such rebellion in what
ever State or Territory hereof the
laws of the United States NAV be
forcibly opposed or the execution
thereof forcibly obstructed"
THE EXISTING LAW AS OH as THE
GOVERNMENT.
This ancient au1 iunaapc ntal law
has been in force from the foundation
of the Government. IT is now pre-
posed to ahrogate it on certain days
aud at certain PLACES In my judg-
ment no fact has been produced
which tends to show that it ought TO
be repealed or suspended for single
hour at any place in any Of the States
or Territories of the Union. All the
teachings of experience in the course
of our history are in favor of sustain
ing its efficiency unimpaired, on every
occasion when ths supremacy Of the
Constitution has been resisted and
the psrpetuity Of our institutions i'm
periled.
The principle of the statute, en-.
acted by the fathers, has enabled the
Government of the Union to main
tain its authority and to preserve the
integrity Of the nation at the most
critical periods of our history.
Ny predecessors in the Executive
Office have relied on this great prin-
ciple Il was on this principle that
President Washington suppressed
the whlskey rebellion in Pennsylva-
nia 10 1894. In 1906, on the came
principle President Jefferson broke
up the Burr conspiracy by issuing or
ders for the employment otsuch force,
either of the regulars or ofthe militia.
and by such proceeding of the civil
authority as might enable them to
suppress eGectually the fIihes pro-
gress OF the enterprise. II was uu-
der the same authority that Presi-
dent Jackson crushed the notification
in South Carolina and that Pres.
ident Lincoln issued bis call for troops
to save the UuiJn in 1861. On nu-
merous other occasions Of less slgnif-
icance. under probably every admin
istratioD, and certainly under the
present, this power has been usefnlly
exerted to emf rec the laws without
objection by any party 10 the eoun-
try, enc almost without attracting
pablie attention.
The great elementary constitution
al principle, which was The founda-
tion Of the origin statute Of 1882,
and which has been It's essence 10
the various forms it has assumed
SINCE its 6rst adoption. is that The
Government Of the United States
possesses under the Constitution, 10
foil measure, the power of self-pro-
lection by its own agencies, altogeth-
er independent Of State authority,
and if need be against the hostility
of State Governmenis 1t should re-
main embodied 10 our statutes unim-
paired. as it has been from the very