Year: 1860

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
or violence from the other States, on from
combinations of desperadocs within their
limits, it necessarily follows that it is the
duty ofCongress topass all laws necessary
and proper to render that guarantee ef-
fectual. While Congress, in the early
history of the government, did provide
legislation, which is supposed to be ample,
to protect the United States against in
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 unable to account for this omission;
but | presume the reason is to be found
in the fact that no Congress ever dreamt
that such legislation would ever become
necessary for the protection of one State
Of this Union against invasion and vio-
lence from her sister States. Who, until
the Harper's Ferry outrage, ever con
ceived that American citizens could be so
forgctful of their duties to themselves, to
their country, to the constitution, as to
plan an invasion of another State, with
view of stirring up servile insurrection,
murder, treason, and every other crime
that disgraces humanity? While, there
fore, no blame can Justly be attached to
our predecessors in failing to provide the
legislation necessary to render this guar
antee of the constitution eilectual, still,
since the experience of last year, we can
not stand justified in omitting longer to
perform this sacred duty


The question then remaining is, what
legislation is necessary and proper to
render this guarantee of the constitution
effectual? 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 President, under proper guards
and restrictions against abuse, to repel
and suppress invasion when the hostile
force shall be actually in the field But,
sir, that is not sufficient. Such legisla-
ton would not be full compliance with
this guarntee 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 protecting
the States. When it provided for pro-
tccting the United States, it said Con-
gress shall have power to repel invasion.



the State it changed the language and
said the United States shall protect each
Of the States against invasion. In the
one instance, the duty of the government
is to repel in the other, the guarantee is
that that they will protect. In other
words, the United States are not permit
ted to wait until the enemy shall be upon
your borders; until the invading army
shall have been organized and drilled and
placed in march with view to the in
vasion, but they must pass all laws ncces-
sary and proper to insure protection and
domestic tranquility to each State and
Territory of this Union against invasion
or hostilities from other States and Ter
ritories.


Then, sir, / hold that it is not only
necessary to use the military power when
the actual case of invasion shall occur,
but to authorizes the judicial department
of the government to suppress all con-
spiracies and combinations in the several
States with intent to invade State, ormo-
lest rdisturbits government, its peace, its
citizens, its property, or its institutions.
You must punish the conspiracy, the COM
bination with intent to do the act, and
then you will SUPPRESS it in ADVANCE
There is no principle more familiar to the
legal profession than that, wherever it is
proper to declare an act to be crime, it
is proper to punish conspiracy or COM
bination with intent to perpetrate the act.
Look upon your statute-books and |
presume you will find an enactment to
punish the counterfeiting of the coin of
the United States; and then another sec
ton to punish man for having counter
felt coin in his possession with intent to
pass it; and another section to punish him
for having the mDulds, or dies, or instru-
ments for counterlciting, with intent to
use them.


This is familiar principle in legisla-
tive and judicial proceedings. If the act
of invasion is criminal, the conspiracy to
inavde should also be made criminal. If
it be unlawful aud illegal to invade a
State, and run off fugitive slaves, why
not make it unlawful to form conspiracics
and combinations in the several States
with intent to do the act? We have
been told that notorious man, who has
} recently suffered death for his crimes up
: on the gallows, boastcd in Cleveland,
; Ohio, in public lecture, year ago, that
, he had then in existence a body of men
: employed in running away horses from the
$ Shareholders of Missouri, and pointed to a
7 livery stable in Cleveland which was full
5 of the stolen horses at that time.


I think it is within our competency,
and consequently our duty, to pass law


making every conspiracy or combination
! in any State or Territory of this Union
S to invade another with intent to steal or
J, run away property Of any kind, whether
, it be negroes, or horses, or property of
: any other description, into another State,
] crime, and punish the conspirators by
!. indictment in the United States courts
n | aud confinoo,ont in tho ,,risons or peni-