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to secure a personal right, whilst the other guarantees embrace not only that right, but nearly all others of person and property. But the doctrine acted upon by the President does not rest alone on general reasoning. It has been fully recognized in a case before the Supreme Court of the United States, in which it was directly presented, and in the very clearest terms maintained by the present Chief Justice himself, who pronounced the opinion. The case referred to is that of Luther and Borden, in 7 Howard, 1. In 1842 a controversy arose in Rhode Island between the existing charter Government and one alleged by its supporters to have been legally substituted in its place. This last, through its professed Governor, Thomas W. Dorr, prepared to support itself by force of arms, and many citizens assembled in arms for the purpose. The charter Government thereupon passed an act declaring the State under martial law, and at the same time proceeded to call out the militia to repel the t
and lawfully follow. How far it is necessary to destroy the persons of enemies or rebels, or to ravage and lay waste their country, must depend upon the necessities of the case, to be judged of by the political and not the judicial power of the Government. The Government is to decide when that which amounts to a rebellion exists, and to interfere to suppress it with all the incidents to such interference. The Supreme Court of the United States expressly says, in the case of Luther against Borden, 7 Howard 45, Unquestionably a State may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The power is essential to the existence of every government, and essential to the preservation of order and free institutions. Mr. Carlile (Va.) moved to strike out the eighth section, which provides that the military commander cause suspected persons to be brought before him and administer the oath of allegiance, and on his refusal to take