CONGRESS, UNITED STATES. 



191 



BUtfi- 



States as may be apt 

 cient to suppress suet 



"That is the general law, and that is in 

 force yet, and the section which has been read 

 by the Senator is simply to authorize the Pres- 

 ident to employ the regular forces instead of 

 the militia." 



Mr. Morton: "I think this debate prema- 

 ture, but as I referred to this statute I will say 

 one word about it for the purpose of vindicat- 

 ing the reference to it, and I will say to my 

 friend that if he will compare the statute of 

 1795 and that of 1807 I think he will find he 

 has no room to doubt in regard to the power 

 of the President. In the first place the act of 

 1795 provides: 



That in case of an insurrection in any State 

 against the government thereof it shall be lawful 

 for the President, on application of the Legislature, 

 or of the Executive, when the Legislature cannot be 

 convened, to call forth such number of the militia, 

 etc. 



"That power extends only to the militia. 

 The next section of the act of 1795 applies to 

 a case of obstruction of the laws whore there 

 is no insurrection, but where there is a com- 

 bination too powerful for the decree of the 

 court or of the law to be enforced in the or- 

 dinary way. 



Whenever the laws of the UAfced States shall be 

 opposed 



" it does not refer to insurrection at all 



or the execution thereof obstructed in any State by 

 combinations too powerful to be suppressed by the 

 ordinary course of judicial proceeding or by the 

 powers vested in the marshals by this act, it shall 

 be lawful for the President of the United States to 

 call forth the militia of such State or of any other 

 State or States as may be necessary to suppress such 

 combinations and to cause the laws to be duly exe- 

 cuted ; and the use of the militia so to be called 

 forth may be continued, if necessary, until the expi- 

 ration of thirty days after the commencement of the 

 then next session of Congress. 



" Here the power is conferred upon the 

 President clearly and conclusively to call forth 

 the militia of a State without any call from 

 the Legislature, having no reference to insur- 

 rection, to enforce the law wherever it is ob- 

 structed or threatened to be obstructed. These 

 are the sections of the act of 1795. I pass on 

 to the third section : 



Whenever it may be necessary in the judgment of 

 the President to ate the military force hereby di- 

 rected to be called forth 



"thnt is, the militia 



the President shall forthwith by proclamation com- 

 mand such insurgents to disperse and retire peacea- 

 bly to their respective abodes within n limited time. 



" Vow I come to the act of 1807, which is 

 intended to cover both sections of the act of 

 1 ~'J~> ; first, insurrection, and next, resistance 

 or obstruction of the law, and authorizing the 

 Army to be used in either case : 



In all cases of insurrection or obstruction of the 

 laws, 



"it is in the disjunctive, not the conjunctive 

 either of the United Statei or of any individual 



State or Territory where it is lawful for the Presi- 

 dent of the United States to call forth the militia for 

 the purpose of suppressing such insurrection or of 

 causing the laws to be duly executed 



"as provided by the act of 1795 



it shall be lawful for him to employ for the same 

 purpose such part of the land or naval forces of the 

 United States as shall be judged necessary, having 

 first oberved all the prerequisites of the law in 

 that respect. 



"In other words, here is a general power 

 conferred on the President of the United States 

 to use the Army to suppress insurrection where 

 he has been called upon by the Legislature or 

 the Executive of a State, or to enforce the 

 laws in the other case, where there is no in- 

 surrection, but where the laws are resisted, or 

 likely to be resisted ; a direct and broad power 

 to employ the Army of the United States, cov- 

 ering every possible case of resistance or 

 threatened resistance to the laws of the United 

 States. My friend from Ohio is able and he is 

 learned, but he cannot possibly take this New 

 Orleans case out from under the operation of 

 this act of 1807." 



Mr. Thurmon : " What page is that ? " 



Mr. Morton: "Page 440 of the Digest." 



Mr. Edmunds : " Under the head of ' Insur- 

 rection.' " 



Mr. Morton: "Yes, sir; under the head of 

 ' Insurrection.' " 



Mr. Thnrman: "Mr. President, leaving my 

 friend from "Wisconsin for the time being, and 

 going back to the Senator from Indiana, let us 

 see what the act of 1795 was. 



" Its first section reads: 



In case of an insurrection in any State against the 

 government thereof, it shall be lawful for the Presi- 

 dent of the United States, on application of the 

 Legislature of such State, or of the Executive when 

 the Legislature cannot be convened, to call forth 

 such number of the militia of any other State or 

 States as maybe applied for as he may judge suffi- 

 cient to suppress such insurrection. 



" It cannot be pretended for a moment that 

 this Louisiana case falls within this section ; 

 for if it could be said that there was any in- 

 surrection against the State government at all, 

 one thing is certain, that the President is only 

 authorized to call forth the militia when called 

 upon by the Legislature of the State ; or, if it 

 cannot be convened, by the Governor ; and I 

 do not understand any such call to have been 

 made in this case. If it has been, very well. 

 That section, therefore, does not cover it. Then 

 conies the second section : 



Whenever the laws of the United States shall be 

 opposed, or the execution thereof obstructed in any 

 State by combinations too powerful to be suppressed 

 by the ordinary course of judicial proceeding, or by 

 the power vested in the marshals by this act, it shnll 

 be lawful for the President of the United States to 

 call forth the militia of such State, or of any other 

 State or States as may be necessary to suppress such 

 combinations and to cause the laws to be duly exe- 

 cuted ; and the use of the militia so to be called 

 forth may be continued, if necessary, until the expi- 

 ration of thirty days after the commencement of the 

 then next session of Congress. 



