Year: 1860

instructions there referred to are instructions
against the authority of the United States-insur-
rections against a State authority being provided
! for in subsequent section, in which the United
States cannot interfere, except upon the applica-
| tion of the State authorities. The invasion which


is to be repeled by this clause of the Constitution
is an invasion of the United States. The language
is, Congress shall have power to "repel invasons.


That gives the authority to rcpel the invasion, no
matter whether the enemy shall land within the
limits of Virginia within the District of Columbia,
within the Territory of New Mexico or anywhere
else within the Jurisdiction of the United States.
The power to protect every portion of the country
against invasion from foreign nations having thus
been specially conferred, the trainers of the Con-
sttution then proceeded to make guarantees for
the protection of each of the States by Federal
thOrity | will read the fourth section of the 4th
article of the Constitution:


"Thc United States shall guaranty every State in
this Union republican form Of Government and shall
protect each of them against invasion and, app-
cation of the Legislature of the Executive (when
the Legislature cannot be convened against domestic
/ violence


This clause contains three distinct guarantees:
first, the United States shall guaranty to every
State in this Union republican form of Govern
nent; 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 conven-
ed, protect them against domestic violence. Now
sir, | submit to you whether it is not clear from
the very language of the Constitution, that this
clause inserted for she purpose of making it
the duty of the Federal Government to project
each Of the States against invasion from any other
State Territory or place within the jurisdiction of
the United States? For what other purpose
the clause inserted? The power and duty of pro-
lection against foreign nations had already been
r,pN IJa1f for nj thn
antees from the United States to each State, for
the benefit Of each State, for the protection of
each State, and necessarily from other States, in
asmuch rs the guarantee had been given previous
ly as against foreign nations.


If any further authority is necessary to show
that such is the construction of the Constitu
ton it may be found in the forty third number of
the Federast, written by James Madison Mr.
Madison quotes the clause of the Constitution
which | have read, giving these three guarantees;
and, after discussing the one guarantying to each
State a republican form of government, proceeds
to consider the second, which makes it the duty of
the United States to protect each of the States
against invasion. Here is what Mr. Madison says
upon that subject:


a protection against invasion is due from erery
cicY TO tie parts composing 1t. The latitude of the
preston here used each State only
against foreign hostility, but against ambitious vim
dictve enterprises of its more powerful neighbors The





that the weaker members of the Union ought be
nscnsible to the policy of this article"


This number Of the Federalist like all the others
of that celebrate work, written after the Con-
stitution was made, and before it was ratified by
the States and with view to securing its ratifca-
ton; hence the people of the several States, when
they ratified this instrument knew that this clause
was intended to bear the construction which [ now
place upon it, 1t was intended to make it the
l,,t ofo, oe
the duty of the Federal Government to protect
each Of the States and, he says, the smaller States
ought not to be insensbe to the policy of this
tcle of the Constitution.


Then, sir, if it be made the imperative duty of
the Federal Government by the express provision
of the Constitution, to protect each of the States
against invasion violence from the other States,
or from combinations of dcsperadoes within their
limits it necessarily follows that it is the duty of
Congress to pass all laws necessary and proper to
render that guarantee effectual. While Congress
in the early history of the Government, did pro-
vide legislation, which is supposed to be ample to
to protect the United States against invasion from
foreign countries and the Indian tribes they have
failed, up to this time, to make any law for the
protection of each of the States against invasion
from within the limits of the Union. | am una
BILE to account for this omission; but presume the
reason is to be found in the fact that no Congress
ever dreamed that such legislation would ever be-
come necessary for the protection of one State of
this Union against invasion and violence from her
sister States. Who until the Harper's Ferry out
rage, ever conceved,that American citizens could
be so forgetful of their duties to themselves, to
their country to the Constitution, to plan in
vason of another State, with the view of melting
servile insurrection, murder, treason, and every
other crime that disgraces humanity? While,
therefore, no blame can justly be attached to our
predecessors in failing to provide the legislation
necessary to render this guarantee OF the Constitu-
ton efectual; still, since the experience of last
year, cannot stand justified in emitting longer
to perform this imperative duty.


The question then remaining is, what legislation
is necessary and proper render this guarantee of
the Constitution effectual? presume there will
be very little difference of opinion that it will be
necessary place the whole military power of the
Government at the disposal of the President, under
proper guards and restrictions against abuse to re-
pei and suppress invasion when the hostile force
shall be actually in the field But sir that is not
sufficient Such legislation would not be full
with this guarantee of the Constitution
The trainers of that instrument meant more when |
they gave the guarantee Mark the difference in
language between the provision for protecting the
United States against invasion and that for protect
ing the States. When it provided for protecting |
the United States, it said Congress shall have pow
er to "rcEocI invasion" When it came to make /
this guarantee to the States it changed the Ian
guage 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;