Year: 1860

'Hcn,, Woulu De manifest usurpation of their
flshu. Were thus to act, 1t would be palpable
invasion OF State sovereignty, and as a precedent
might prove highly dangerous NV authority for
cdiiing out the militia, or employing the Army
ana navy, Is derived exclusively from the acts Of
congress Of the 18th February 1895 and the I'd
March, 1oO7, which. clearly, do not embrace such
case as Is now presented. 1t will not be pre-
tended that such incursions from one State into
another would be an invasion of the United States
from any foreign nation or Indian tribe - under
the act OF February, 1885 rendering 1t lawful for
repel such fnvason'> -


In conclusion. beg to express the hope that
whether the information you have received be
founded In truth or not the energetic measures
already adopted under your direction will prove
snnclent Tor any emergency that may occur


Yours, very respectfully, JAMES BUCHANAN.


10 his Excellency HENRY A. WISE,


Governor of Virginia. Richmond, Va.


In the letter Of the President, which has
has just been read, it must be apparent to ev-
cry one that he did not deny the power of the
Federal Government TO pass any laws which
might be necessary to preserve peace between
the States. He said the Constitution and laws
OF the United States did not confer upon him
the power to do that which Gov Wise sought
Inc constitution conferred no power on the
- resident TO call out the militia in any case.
Inc clause of the Constitution quoted by the
senator from Illinois conferred that power
upon the Congress Our fathers, when they
framed this Government cast from them the
rubbish OF past ages, exploded the idea of the
DlVlne right OF the agents of government and
recognized the sovereignty of the people from
whom were derived the great functions which
Delohg 10 the constitutional Government of the
United States. They did not give the Pres-
dent the power to call out the militia They
invested the President with no discretion as to
When he would use his power to preserve peace
between the States. 1t was the wise policy of
tae men who framed this Government to fetter
tnelr agents, to give them the least possible
dlscretl0n, and leave all the residuary power
In the hands of the people of the United
States: The Executive, therefore, from the
constitution, derived no power in relation to
tnis suoJect Congress possessed the power of
calling out the militia to repel invasion and
suppress insurrection. Congress delegated to
the resident so much as the Congress chose
.ne Executive to exercise. The President,
therefore, properly refers 10 the acts of Con-
gress from which he derives his authority-the
acts of 1875 and 1907; the one comforting the
power Tor the militia. the other for the army
and navy of the United States Under those
laws the President possesses just so much power
as Congress gave him-no more; and those laws,
10 use the language which he quotes, are 10
prevent invasion from an Indian tribe or from
forelgn power. If there had been insurrec-
ton within the State of Virginia, he said, the
legislature not being in session, and it not be-
ing possible to convene it in time and the ex-
ecutlve had called upon him, he would have
used the whole power which he possessed under
the law; but the President SAID we'll and wise
ly, as became State-rights man, he not opIy
uoes not possess the power to GO into n State
TO discover what illegal organization may
there exist, but that it was a power which
would be dangerous in its exercise if it were
possessed.


L welcome, sir, the apprehensions of the
President of the United States: and never
nQat 1orr Al
Executive with the power to call out the mill
tia, to bring the army and the navy, to invade
a State to discover who within that State had
In MS breast the purpose, at some future day,
to commit crime. If there be unlawful. trea-
sonable organizations within State, it belongs
to the State sovereignty to inquire and to pun
ish the offender WHY. sir, we are about to
forget that this is Confederation, held to-
gether by great treaty; we are about to for
get that the States united voluntarily under
the Constitution, and thus and to that extent
only became nation; we are about to reduce
1t to mere centralized Government, invest
ing the Executive with a discretion which
would crush all the power of the States, and
reduce the sovereignty Of the States to mere
ly nominal thing. 1t is true the Senator from
Illinois, In this criticism upon the President
quotes another article of the Constitution


The United States shall guaranty to every
State In this Union republican form of govern
ment, ana shal! protect each of them against in
ysslon and on application Of the leg isature or of
the Executive (when the legislature cannot be
convened) against domestic violence"


see no issue from this between the Senator
and the President, if he will construe his let
ter fairly. The President never said the
Federal Government had not ell the powers
WHICH are prescribed in the Constitution. lie
used the personal prOnOun-he, the Executive
of the United States, had not powers beyond
those which had been conferred upon him by
the two acts which he recited Who can gain
say this! But it's upon this basis the Senator
informs us that


The denial OF the existence of such a power
IN the fedefal government has induced an in.
quiry among conservative men-men loyal 70 the
Const tutioa and devoted to the Irnion-as to what
means they have Of protection, II the Federal
Government is not authorized TO protect them
against external violence


| trust, sir, that the q" men loyal to the Con-
sutution and devoted to the Union, - the ICON.
seryative men" who are thus deeply concerned
for the safety of the Constitution, will look
INTO the Constitution which binds these States
together; that they will revert to the great
principles upon which that Constitution was
founded; that they will remember the rights
they will dispel their apprehension, and that
they will find, in the letter of the President,
that he has never denied the power of the
Federal Government; that he has never denied
the power of Congress to pass laws to carry out
all the provisions of the Constitution; never
denied his willingness to execute any law
which Congress might pass giving him the
means to do whatever is needful and proper to
preserve the peace between the States


1t is proper for me, Mr.. President, to say
that 1t is in no feeling of partisan warfare be-
tween the Senator and the President if such
exists, that have made the explanation. II
is in the deep interest L feel for the preserva-
ton of sound principles, and the restriction of
the Federal Government from striding over
the sovereignties Of the States to usurp such
centralizing power, under the promptings of
momentary expediency, as would destroy the
great charter of our liberty, and reduce the
people to that condition from which they rose
the subjects Of a government not within their
own control.


Mr.. Douglas.-I think, if the Senator from
Mississippi had carefully read my speech, he
would have found no necessity for vindicating
the President of the United States from any
criticism that had made upon his letter, or
from any issue that had made with the Pres
ident growing out of that letter. Certainly,
in my speech, there is no criticism upon the
President, none upon his letter, no issue made
with him: on the contrary, an cypress dis
clamer Of any such issue. / quoted the para
vysnh from the presidanf's Ietfar in ranIv IN