The clarion. [volume] (Jackson, Miss.) 1883-1888, 1883-08-22

OF the many Northern men who did not
concur with Judge Black IN his war
begetting measures, | will cite flrsi
/ United States Senator s 4. Douglas, OF
Illinois. who viii not be suspected OF
sympathy with secession He, the
18th of March, 1861, offered IN the United
States Senate a resolution recommend
| ing the withdrawal OF garrisons from
! forts within the limits of seeded States.
Here follows extracts from Mr.. Doug
las speech and from Gen. Scott and
Gen. Robt. Anderson the officer in eom-
mand of Fort Sumter, advising the
evacuation of the Fort.)
Mr.. Davis proceeds:
Avoiding the evil example of Judge
Black, viii not impute motives for his
slanderous attack upon me, which would
have been more offensive If 1t had been
less demonstrably false, nor ask Why,
when rewards are so lavishly poured upon
those who are accredited with efhclen-
cy In the war upon the Southern States,
he presents himself before the public
| as the instigator of the measures which
he, like others, should have anticipated
would result in a conflict OF arms, and
offers in evidence of his zeal the argu-
ment pressed upon the President for the
employment of the army and navy, un-
i der the poor pretext that it was to aid
/ the officers of the United States IN the
/ execution of the laws, Knowing that no
case existed or could arise under exist
! ing circumstances, there being no United
States officers in South Carolina by
whom civil process could be issued.
Thus insidiously and treacherously
did he offend against the letter and the
spirit of the United States Constitution
| he had sworn to support. Not only did
| that instrument, as President Buchanan
admitted, give no power to the General
Government to coerce a State, but this
negotiation of power to coeree Is FUR
ther enforced by the limitation on the
power to protects State against domestic
| violence-t. e., "that the power should
be exercised on application of the Legis-
| lature or of the Executive when the
Legislature cannot be convened" Nor
is this all. Power was delegated to Con-
gress TO provide for calling forth the
militia to execute the laws of the Union,
suppress instructions, and repel inva-
sions. Todraw from these or other grants
| of the constitution or the debates Of the
convention, general and State, by which
| it was adopted power in the Executive
Department to employ the army and
navy forcibly Ia enter 4 state not an
| application, but against the protest
of its authorities, or to perform duty
| for which the constitution empowered
! the Congress to employ the militia,
seems inconsistent with the workings OF
anv honest mind. Not only was the
| Congress the depository Of the power,
| but the militia was the force to be called
forth to aid in the execution OF the
! laws. Thus did the founders OF the
Union manifest their distrnst OF stand
ing armies as Instruments dangerous to
free government Now let 1t be remem
bered that Congress had. not called
forth the militia; that the governor OF
South Carolina had not invoked the aid
of the Federal Government; that no
civil process had been resisted; there
was no insurrection against the State,
and no prospect of an invasion, except
by such usurpation as Judge Black adj
yocated. President Buchanan had in his
message and in his correspondence with
Carolina officials distinctly disclaimed
the power of the United States to coerce
State, and | am glad at this late date
to learn that it required much presst re
to bring him to consent to those acts
| from which | then thought sprang the
civil war.
To learn what might and what should
have been done it may be satisfactory
! to refer to the conduct of the patriots
and sages who at an early period admin
| istered the General Government, the
| fundamental law of which they were
| largely instrumental in forming, and
may be supposed to have well under
stood. Three cases of insurrectl0n mar
| the peaceful history of the State Gov
ernments, two of which occurred in the
State of which Judge BLACK is citizen.
| In 1874. in the western counties OF Penn
sylyania was an organized and violent
! resistance to the laws of the United
States. President Washington issued a
proclamation requiring the opposers OF
| the laws to desist and making a requi-
sition of the Governors of Pennsylva-
mia, New Jersey, Maryland and Virginia
for body of militia to sustain the civil
offieen and to disperse the insurgents.
1t will be observed that President
Washington drew militia from the state
in which the instruction occurred and
from the bordering States. The militia
of Pennsylvania was led by the Governor
of the State and the whole proceeding
under the wise administration OF Wash
ington. was in aid of the State and
in maintenance of resisted processes oil
law.
The other of the two cases of insurrec
ton referred to, occurred in 1893, under
the administration of the second Presi
dent. John Adams. Armed resistance,
having been made in several of th'
northeastern counties of Pennsylvania
J to the execution of the laws by the
proper civil officers of the United States
the President issued proclamation or
: dering the insurgents to dispeTse anC
: asserting the constitutional authorlt.
to call forth the military force 10 sup
press the resistance 10 the execution o
the laws of the United States. In con
inection Herewith the Secretary of War
} March 20, 1899, addressed letter to tn
: Governor of Pennsylvania, as follows
ITO suppress the insurrection now ex
isting in the counties of Northampton
Bucks and Montgomery, in the State o
: Pennsylvania, in opposition 10 the law
of the United States, the President ha
thought It necessary to employ mllltar
E force. to be composed in part OF such o
the militia of Pennsylvania whose situa
ton and state Of preparation will enabl
:. them to march with promptitade. In
Z corps of militia first desired on this OF
|, casion are the troops of cavalry belong
! ing to this city and one troop from eac
OF the counties of Philadelphis, Buck
Chester. Montgomery and I.ancastei
!, These troops have the honor to reques
E your Exceilency will order to hold then
! selves in readiness to march on OF befol
the 18th inst, under the command {
: Brio. Gen. Mcpherson. / have Ii
: : honor to be, with great respect, sir, yor
i obedient servant,
!. JAMES McHESRY."
To his Excellency Gov. Mifflin.
e Thus it viii be seen that the two fir
d Presidents of the United States, alike col
). snicuous for devotion 10 their cause ,
3 the colonies and influential IN the form
/ ton of the constitutional union OF Il
d States. locked to the militia IS the mi
d tary force to be employed to suppre
i insurrcction and overcome armed resis
if ance TO the execution of the laws al
d with due regard to the sentiment Of Il
+ community and independence. preferrt
d first to employ the militia Of the Sta
z to which the offenders belonged, al
d next of that of the State contiguous
1t the scene Of disturbance. Il Judi
:. Black objects to the examples cited
S, applicable to his ease, so much &
d worse for his case, as it proves that
g. sustain It he had 70 disregard the limit
b lions Of the constitution, and 50 ontra
the people of South Carolina and tho
y of the contiguous States that they cou
f -. l.. lii .lr,r,na 70 al1zfaiIl The l.fi