Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-12-25


UGr Department. Dc. 10, le35
Hon J. BucnAsA., Senator
WAR DEPARrMEXr Dec II, 1885.
S,p.-Tbe letter addressed By your Excri!ency to The
Ptcsten, OF The United S1,rs unoes date Of the 'ih
instant was received yesterday morning and referred
To this department., Where has received that respeclu
and earnest consideration which the high source wirnce
il emanales and the importance oi te subject entitled IL
I'm this cnmmu ncaon your Excrltency Informs the
President that such s!cr Of domestic violence exists
at HARRISBURG to put at emo, tor The present, 10 all
III. exercise nf the regular functions Of the State Co
yernmen and renders it your duty 10 request tie Pre-
sidrn IN accordance with the 4h section OF the 3h ar
,clc % the Constitution Of the United States, 10 take
measures 10 protect the Stale Of Penns lvania Sgasst
the effects Of the domestic violence which your Excel
lency aiifms 10 &c there in existence.
The clause Of the Constitution 10 which your Excel.
leucv refers and the passed pursuance thereof,
authorize the 2'ssden! TO call out the militia only on
the application Of the Legislature Of State oil the
Executive Of State when the Legislature cannot be
convened. The nature Of the Presidents dnty being
therefore discretionary II is incumbent upon HIM TO TX.
ercise the III examining into all The circrni
stances of The case well 10 determine whether the
occasion canlempla lated by the law has occurred.
The commo,ipn which now threatens the peace OF the
Common OF PenEsy does not appear 10 arise
from opposition 10 the lass; bu, grows out OF
hticaI cnn,es, betme rrenl members o the govern
men,, most if not all OF them admitted 10 he the legal
representatives o! the people c0nstiIui!oBay elected
about their relative rights ard especially IN reference
ture To interfere in any comn,0lIon growing out oil
controversy Of grave and delicate character by The
Federal authority armed with the military OF the
government would lie attended with the most dangerous
consequt To Republican institutions In the
opinion of the Presidsn his Interference IN any political
comrn'on in Stale. could only BE- justified by the ap
pcaon for IL being clearly within the meaning OF the
fourth section OF the fourth article Of the Constitution
and Of the act Of Congress passed in pursuance thereof
and where the domestic violence brought to his notice
il Of such character that the State authorities, cv1i
and military, after having been duly called upon have
proved made GUatc 10 suppress II.
The law has been already stated, requires that the
nlerpostion Of The Federal Government should be in
voked by The Legislature OF the State, unless II cannot
he convened ami outstanding the Speaker Of the
Senate the 4h inst that the body which
he presides cannot assemble, and your Excellency,
your communication Of the 9Th inst expresses the Cpl
MON that the Legislature Of syyanla cannot he
vened still, from subsequent Int"rmaton, which, al
though official in form sufficiently autEen.
tic 10 ene II 10 credit 1t appears that bon branches
ni the Legislature IN session in the capitol OF the
State, the 9Th instant, and transacted business
there; and that the Senate received messages from the
House of Representatives Oh that day If this be so,
and there 10 doubt the fact the Legislature
OF the State has been convened since the date OF your
Excei!ency = letter. Nor does 1t appear either from
your Erceiencys letter. the published documents
which accompanied II, that the civil Ur military aulhor-
ties Of the State have refused 10 perform their respective
duties IN surprising any existing disturbances
Your Exceirncy does not allude TO their being
Inadequate suppress the domestic violence OF hch
you complain protect the Legislature in the perform
OF its official duties either al the seat Of Govern.
menl wherever else they may be convened 1T
appears the contrary, that portion Of the Militia o
the State. who warned by your Excrirncy IN your
proclamation Of the 4h inst authenticated copy Of
which accompanies your letter, 10 hold themselves in
instant readiness 10 repair 10 The seat of Government
have in pursuance Of the further reGnisit!on and in
compliance with your Excellency's order actually pro
ceedrd in force TO Harrisburg
Under oil these circumstances the President thinks
he shall best discharge the delicate and responsible dn
ties imposed upon him by the Constitution and the laws,
BY abslanng from adopting The indicated by
your ExceIiencys applications; at all events, until il
shall have appeared that the State authorities made
qrate preserve the public peace, and until his inter
position is called for by the Legislature Of The State
according the Constitution and Laws the in!Prac
cabili;y u; converting that bndY made certain.
Win rrGad Ia The circumstance mentioned by your
Exceency, of certain officers Of Government being
present Harrisburg AND acting active leaders Of
The mob the President, has directed inquiry 10 he made
into the facts and your Exceency may be assured that
Justice slaIi be done in the premises.
Very respectfully,
Your most obedent servant
}. r. POlNSETT.
His Excellency JosrPH RITsrR, Governor Of Penn,