Lives of Distinguished North Carolinians, with Illustrations and Speeches
History
Lives of Distinguished North Carolinians, with Illustrations and Speeches
North Carolina -- Biography
and of the provisions of the ordinance generally. Even in that
case, however, it is believed that no more will be necessary than
a few modifications of its terms to adapt the Act of 1795 to the
present emergency, as by that act the provisions of the Act of 1792
were accommodated to the crisis then existing; and, by conferring
authority upon the President, to give it operation during the
session of Congress, and without the ceremony of a proclamation,
whenever it shall be officially made known to him by the authority
of any State, or by the courts of the United States, that, within
the limits of such State, the laws of the United States will
be openly opposed and their execution obstructed by the actual
employment of military force, or by any unlawful means, whatever,
too great to be otherwise overcome."
Pursuant to these recommendations, Congress passed, March 2, 1833,
the "force bill," or "bloody bill," as it was called; and the
section which made it infamous in the unprotected States was as
follows: "Sec. 5. And be it further enacted, that whenever the
President of the United States shall be officially informed by the
authorities of any State, or by a judge of any Circuit or District
Court of the United States in the State, that within the limits of
such State any law or laws of the United States, or the execution
thereof, or of any process from the courts of the United States is
obstructed by the employment of military force, or by any other
unlawful means too great to be overcome by the ordinary course
of judicial proceedings or by the power vested in the marshals
by existing laws, it shall be lawful for him, the President of
the United States, forthwith to issue his proclamation declaring
such fact or information, and requiring all such military or other
force forthwith to disperse; and if, at any time after issuing such
proclamation, any such opposition or obstruction shall be made in
the manner or by the means aforesaid, the President shall be and
hereby is authorized promptly to employ such means to suppress the
same, and to cause said laws or process to be duly executed, as are
authorized and provided in the cases therein mentioned by the Act
of the 28th of February, 1795, entitled: 'An act to provide for
calling forth the militia to execute the laws of the Union, suppress
insurrections, repel invasions, and repeal the act now in force
for that purpose'; and also, by the Act of the 3d of March, 1807,
entitled: 'An act authorizing the employment of the land and naval
forces of the United States in cases of insurrection.'" Section 1 of
the force bill authorized the President to call out the army, navy,
and militia to aid in collecting the _customs_--a power which the
Act of 1795 could not be construed to give. It was also provided in
the act that the operation of said sections 5 and 1 should "continue
until the next session of Congress, and no longer." Thus careful was
Congress to limit the duration of the great powers delegated to the
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