Associated with Mr. Jefferson
originally, in preparing the rules and articles of war, Mr. Adams
reverted through the long pages of history back to the empire of Rome,
and drew from that foundation the very rules and articles of war which
govern in our country to-day, and drew them thence because he said they
had brought two nations to the pinnacle of glory--referring to the
Romans and the Britons, whose military law was borrowed from them. Mr.
Adams, however, when an insurrection occurred in the same State of
Pennsylvania, not only relied upon the militia, but his orders, through
Secretary McHenry, required that the militia of the vicinage should be
employed; and, though he did order troops from Philadelphia, he required
the militia of the northern counties to be employed as long as they were
able to execute the laws; and the orders given to Colonel McPherson,
then in New Jersey, were, that Federal troops should not go across the
Jersey line except in the last resort. I say, then, when we trace our
history to its early foundation, under the first two Presidents of the
United States, we find that this idea of using the army and the navy to
execute the laws at the discretion of the President was one not even
entertained, still less acted upon, in any case.
Then, Senators, we are brought to consider passing events. A little
garrison in the harbor of Charleston now occupies a post which, I am
sorry to say, it gained by the perfidious breach of an understanding
between the parties concerned; and here, that I may do justice to one
who had not the power, on this floor at least, to right himself--who has
no friend here to represent him--let me say that remark does not apply
to Major Anderson; for I hold that, though his orders were not so
designed, as I am assured, they did empower him to go from one post to
another, and to take his choice of the posts in the harbor of
Charleston; but in so doing he committed an act of hostility.
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