Year: 1860

In this Union a republican form of government an,


Shall protect each of them against invasion and or


application of the Legislature Of the Executive
(when the Legislature cannot be convened) against
domestic violence"


This clause contains three distinct guarantees
nist, the United States shall guaranty to every
state IN this Union republican form of govern
ment second, the United States shall protect each
OF them against invasion third, the United States
shall, on application of the Legislature or of the


Executive, when the Legislature cannot be convcn-
ed, protect them against domestic violence. Now,
Sir, submit to You whether it is clear from the
very language of the Constitution that this clause
was inserted for the purpose of making it the duty
OF the Federal Government to protect each of the
States against invasion from any other State Terri
tory, place within the jurisdiction of the United
sssed owsr % hs gssy Il sss IN q
against foreign n. tons had already been provided
Tor This clause occurs among the guarantees from
the United States to each State, fr the benefit Of
u n State. for the protection Of each State and
essary from other States, inassnneh the guaran-
tee had been given previously as against foreign
tions.


If any further authority is necessary 10 show that
such is the true construction of the Constitution it
may be found in the forty number of the Fedc-
ra!ist, written by James Madison. Mr.. Madison
quotes the clause of the Constitution which | have
read, giving these three guarantees; and after dis
cussing the one guarantying to each State repub-
lican form of government, proceeds to consider the
second, which makes it the duty of the United





sion Here is what Mr.. Madison says upon that
subject:


"A protection against :nvasen is due from erery
society to the purt composing It, The latitude of
the expression here used seems to each State
not only against forsgn hostility. but against
bilious vindctive enterprises of its more power
full nei shbors. The history both of ancient and
modern confederacies proves that the weaker mem
bers of the Union ought not to be insensblc to the
policy of this article


The number of the Federalist, like all the others
of that celebrated work, was written after the Con
situation made, and before it ratified by the
States and with view to securing its ratification ;
hence the people of the several States, when they
ratified this instrument, knew that this clause
intended to bear the construction which now place
upon it. 1t was intended to make it the duty of
every society to protect each of it's parts the duty
Of the Federal Government to protect each of the
States and he says, the ller States ought not
be nsensbe to the policy of this article of the
Constitution.


Then, sir, if it be made the imperative duty
| of the Federal Government. by the express pro
| vision of the Constitution, to protect each OF
| the States against invasion or violence from the
other States, or from combinations of despe
radoes within their limits, it necessarily follows
that it is the duty of Congress TO pass all laws
| necessary and proper to render that guarantee
leffectual While Congress. in the early history
of the Government, di: provide legislation
| which is supposed to be ample to protect the
United States against invasion from foreign



ed, up to this time, to make amy law for the pro-
| lection of each of the States against invasion
IErom within the limits of the Union. l am un
/ able to account for this omission : but l pre-
sumo the reason is to be found in the fast that
no Congress ever dreamed that such legisa tion
would ever become necessary for the protection
of one State of this Union against invasion and
violence from her sister States. Who, until
| the Harper's Ferry outrage, ever conceived
| that American citizens could he SO fOrgetfu OF
their duties to themselves, to their country, to
the Constitution, as to Ian an invasion OF ano-
ther State, with the view of melting servile i'll
surrecton murder, treason, and every other
crime that disgraces humanity? While, there
fore, blame can justly be attached to our
predecessors in failing TO provide the legisla-
| ton necessary to render this guarantee OF the
Constitution effectua; still, since the expert
ence OF last year, We cannot stand Justified IN
Omitting longer to perform this imperative
duty.


| The question then remaining is, what legislation
is necessary and proper render this guarantee of
the Constitution etfectual? presume there will
be very little difference of opinion that it will be
necessary to place the whole military power of the
Government at the disposal of the Presdent, under
proper guards and restrictions against abuse, to
repc and suppress invasion when the hostile force
shall be actually in the field But, sir, that Is not
sufficient Such legislation would not be "a full
compliance with this guarantee of the Constitution


The trainers OF that instrument meallt more when
they gave the guar antee. Mark the difference in
language between the provision for protecting the


United States against invasion and that tor protecting
| the States.


When it provided for pro: :ecting the United
States, it, said, Congress shall have power to 'repe
invasion" When it to.make this guarantee
to the States it changed the language and said the
United States shall ..protcct'' each of the States
against invasion. In the one instance, the duty OF
| the Government is to repel; i'll the other the
guarantee is that they will protect In other words
She United State not permitted to wait until the
| enemy shall be upon your borders; until the inva
ding army shall have been organized and drilled and
placed in march with view to the INVASION but
they must pass all laws necessary and proper TO IN
| sure protection and domestic tranquility to each
State and Territory of this Union against invasion
or hostilities from other States and Territories.
| Then, sir hold that it is MT only necessary tc
use the military power when the actual Case OF IN
vasion shall occur, but to horz the judicial dc
partmcnt Of the Government to suppress all conspl
racies and combinations in the several States, OF
molest dist urb its peace its citizens, lis proper
ty, or its institutions. You must punish the Con
spiraey the combination with intent to do the act
and then you will suppress it in advance. There if
| no principle familiar to the LEGAL profession
than that wherever 1t is proper "a declare act tt
be Grim it is proper To punish Conspiracy ol
combination with intent to i'cretrate the act. Lool
upon your statuc-books and presume You will tine
enactment to punish the cnuntertting of the coiT
of the United States aud then another section tt
punish IA man for having counterfeit coin in hi:
possession UiM intent to pass it and another sec