ness, morbidly anxious to anticipate the action of the committee on the Harper's Ferry affair, which was expected to offer propositions applicable to the case. On the 22d of January, 1860, he introduced the following resolution in the Senate:
“Resolved, That the Committee on the Judiciary be instructed to report a bill for the protection of each State and Territory in the Union against invasion by the authorities or inhabitants of any other State or Territory, and for the suppression and punishment of conspiracies or combinations in any State or Territory with intent to invade, assail, or molest, the government, property, or institutions, of any other State or Territory of the Union.”
The true intent and meaning of this resolution was made plain by the speech with which the Judge accompanied it. After having endeavored to show that the Constitution confers upon our Federal Government the power to do what the resolution contemplates, he then defines his object as follows:
“Sir, I hold that it is not only necessary to use the military power when the actual case of invasion shall occur, but to authorize the judicial department of the Government to suppress all conspiracies and combinations in the several States with intent to invade a State, or molest or disturb its Government, its peace, its citizens, its property, or its institutions. You must suppress the conspiracy, the combination with intent to do the act, and then you will suppress it in advance. * * * I demand that the Constitution be executed in good faith, so as to punish and suppress every combination either to invade a State, or to molest its inhabitants, or to disturb its property, or to subvert its institutions and its government. I believe this can be effectually done by authorizing the United States Courts in the several States to take juris-
