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Updated: May 7, 2025
But the army, or police, or posse comitatus, is more or less All-of-us, and the capital in the treasury is the product of the labor and saving of All-of-us. Therefore, when the State means power-to-do it means All-of-us, as brute force or as industrial force. If anybody is to benefit from the action of the State it must be Some-of-us.
Senator Mason had introduced a bill providing more effective means for the summary return of fugitive slaves, in effect converting the population of the free States into a posse comitatus charged with the duty of hunting down the fugitive sand returning him to bondage. The clash of arms had begun.
"Then my colleague asks, Why do you invoke the power of the military to enforce these laws? And he says that constables, and sheriffs, and marshals, when they have process to serve, have a right to call upon the posse comitatus, the body of the whole people, to enforce their writs.
These authorize the President, after he shall have ascertained that the marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the Army and Navy to aid him in performing this service, having first by proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes within a limited time" This duty can not by possibility be performed in a State where no judicial authority exists to issue process, and where there is no marshal to execute it, and where, even if there were such an officer, the entire population would constitute one solid combination to resist him.
If he meets with resistance he may call out the posse comitatus; if the resistance grows into insurrection he may apply to the governor and obtain the aid of the state militia; if the insurrection proves too formidable to be thus dealt with, the governor may in his behalf apply to the president of the United States for aid from the regular army.
These authorize the President, after he shall have ascertained that the marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call forth the militia and employ the Army and Navy to aid him in performing this service, having first by proclamation commanded the insurgents "to disperse and retire peaceably to their respective abodes within a limited time."
Resting upon that opinion of Attorney-General Black, President Buchanan, in his Message, after referring to the solemn oath taken by the Executive "to take care that the laws be faithfully executed," and stating that there were now no longer any Federal Officers in South Carolina, through whose agency he could keep that oath, took up the laws of February 28, 1795, and March 3, 1807, as "the only Acts of Congress on the Statute-book bearing upon the subject," which "authorize the President, after he shall have ascertained that the Marshal, with his posse comitatus, is unable to execute civil or criminal process in any particular case, to call out the Militia and employ the Army and Navy to aid him in performing this service, having first, by Proclamation, commanded the insurgents to 'disperse and retire peaceably to their respective abodes, within a limited time'" and thereupon held that "This duty cannot, by possibility, be performed in a State where no judicial authority exists to issue process, and where there is no Marshal to execute it; and where even if there were such an officer, the entire population would constitute one solid combination to resist him."
That was all he said; and as for thinking, he had the posse comitatus of seven counties to think of. But what could those great fortunes and joys be, which Alftruda did not dare to describe? She growing old, too? Impossible, that was woman's vanity. It was but two years since she was as fair as a saint in a window. "She shall not marry Ascelin. I will cut his head off.
They have also fierce combats now and then with an invading hawk, and will drive him off from their territories by a posse comitatus. They are also extremely tenacious of their domains, and will suffer no other bird to inhabit the grove or its vicinity.
In order to effect this purpose, I appointed a new governor and other Federal officers for Utah and sent with them a military force for their protection and to aid as a posse comitatus in case of need in the execution of the laws.
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