Charles Sumner: his complete works, volume 05 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 05 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The President was not content with the forces then on hand in the
neighborhood. Other posts also were put under requisition. Two
companies of national troops, stationed at New York, were kept
under arms, ready at any moment to proceed to Boston; and the
Adjutant-General of the Army was directed to repair to the scene, there
to superintend the execution of the statute. All this was done for
the sake of Slavery. But during long months of menace suspended over
the Free Soil of Kansas, breaking forth in successive invasions, the
President folds his hands in complete listlessness, or, if he moves at
all, it is only to encourage the robber propagandists.
And now the intelligence of the country is insulted by the Apology,
that the President had no power to interfere. Why, Sir, to make this
confession is to confess our Government a practical failure, which I
will never do,--except, indeed, as it is administered now. No, Sir, the
imbecility of the Chief Magistrate shall not be charged upon American
Institutions. Where there is a will, there is a way; and in his case,
had the will existed, there would have been a way, easy and triumphant,
to guard against the Crime we deplore. His powers are in every respect
ample; and this I prove by the statute-book. By the Act of Congress of
28th February, 1795, it is enacted, “that, 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 proceedings, 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.”[81] By the supplementary Act
of 3d March, 1807, in all cases where he is authorized to call forth
the militia “for the purpose of causing the laws to be duly executed,”
the President is further empowered, in any State _or Territory_, “to
employ for the same purposes such part of the land or naval force of
the United States as shall be judged necessary.”[82] There is the
letter of the law; and you will please to mark the power conferred.
In no case, where _the laws of the United States_ are _opposed_, or
their execution _obstructed_, is the President constrained to wait
for the requisition of a Governor, or even the petition of a citizen.
Just so soon as he learns the fact, no matter by what channel, he is
invested by law with full power to counteract it. True it is, that,
when _the laws of a State_ are obstructed, he can interfere only on
the application of the Legislature of such State, or of the Executive,
when the Legislature cannot be convened; but when the National laws are
obstructed, no such preliminary application is necessary. It is his
high duty, under his oath of office, to see that they are executed,
and, if need be, by the National forces.
Public-domain text, read in full here on John Shaqi.
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