Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-03-29

or ald, delivered the following rejoinder of th
Governor to General Candy $ letter:
COMMONWEALTH OF VIRGINIA, J &
d EXECUTIVE DEPARTMENT, :.
~ hlchmoud, Va, March q. 1870
6reUet Na1or General Camby, commandint
department cf Erginia:
Slr,-l have the honor to acknowledges IN.
receipt OF your communication of this date i,
response to tnlne of the same date. The onl,
authority Tor the interference of The n;I;t.r,
authorities Of the United States ia the AFFAIRS -
a State Is found in the Constitution and d 4
the United States. The only clause of tho
Federal Constitution upon this subject is founo
In section Of article 4, aud is in these words
The United States shall guarantee to ever,
! State III this Union republican form of gov.
| erhnent, and shall protect each OF them against
lIlnva>lon; and on applica ion of the Legislature
or OF the Executive lwhen the Legisla ure can
not be eOnvened,) against dolnestie violence y
The laws OF the Unittd States In pursuance
OF this section Of the Constitution are the fol
lowing:
Act of Congress approved February 2sth,
| 1875, section L: And IN case nf ~, ~.
surrectlon in any State against The Government
thereof It shall be lawful for the President of the
United States, on application of the Legislat ure
or such State, Or ofthe Executive (wben the
LEGISLATURE cannot be convened, to call forth
sucil number oi the militia of any other State
or m states as may De applied for as he may judge
| emcleLt TO suppress such ln,ui recton
And section 3. Preceded, at.vaus. andb II
further enacted, That whenever il nav te nece,
| safy In the judgment Of the President to use
The military force hereby directed to be called
! forth the President shall forthwith. by pro-
cla,napon Command such insergents 10 disttr,e
| aud re lie peaceabiy to their respective abodes
within irslted time
Act of Congress approved March 3. 1907
BE He"dcted dc That In all cases of In
surrec'lon or obstruction of the laws either of
the Uiilted States or OF any Individual State or
Territory, where it is lawful for the President
Vi the United States to call forth the militia
Tor the purpose OF suppressiDg such insurrec tion
or OF causing the laws TO be duly executed. it
shall be lawful for him to employ for the same
purposes such part OF the land or naval forces
| OF the United States as shall be Judged neces-
sary having hrst observed all the prerequisites
of he law in that respect,
Ii Is to be pre- -sunIed that all orders emanat
ing from the President or War Department up
on this subject are unwarranted by this section
OF the Constitution and these laws of the Uni
ted States, and must be construed in the light
Ut the authority thus conferred.
The Legislature and the Executive are the
peace, aud the organs to invoke Federal aid in
It's maintenance. When disorder and violence
becnne great and serious, involving The peace
and Jeopardlzlug the tranquility or existence of
the State to such degree that the Legislature
or the Executive may regard Federal aid as
desirable or essential, that aid may be invoked
by the State and should be granted. 1t is
manifest that the military interpo>ition by the
United States in case of obstruction to State
laws depends on the call of the State through the
Legislature or the Executive to aid the consti-
fuied authorities as recogniz d by such Legisla-
ture Or Executive to resist and suppress violence
or Oh tructlon to such authorities. La short,
the Federal power Is only exerted to uphold and
>uo;aln The laws and authorities Of the State
upon It's call 10 eofrlolence, and MT to sustain
or encourage rebels against such authority The
power Is to be used to preserve the State and
its laws, as known and recognized by the con
stituted authorities; to prevent violence and
anarchy. 1t is the right of each State and
equally the obligation of the United States un
der the Constitution, that this rule of action
should be carefully observed @ herwiae and
il the Federal could side with indictments, the
State authorities might be overthrown and the
State itself revoutionized at the pleasure of
military commander And if one State is liable
to this calamity, all the States of the Union are
liable to 1t Indeed, the question is obviously
reduced TO this: us Virginia now subject to
"A military government?' Ii she is State of
the Union coequa with others since her admis
zion. she more ne suhjecrd to military
interference or control than New York, Penns,l-
vana, or any other State And is it possible.
that any officer Of the United States army would
,nterpose his military force in any way to i'm
pede or ot,struct civil officer in New York in
the execution of his Office, or to aid or encourage
H. fh. Al. N
knnwn fact thar both the L .gisla' ure and Ex-
ecuiive of the State recognize the former and
dssowu the latter? 1t may be difficult for
military officer, long accustomed to rule State
under the reconstruction laws of Congress-, at
once and in the same place, to realize the mighty
change effected by the admission of that State
into the Union. and the resto alton of the su-
premacy of the Constitution, the revival of civil
government ard law and the consequent sub
ordination OF the military power But this
mighty change, under the Constitution and
laws of the United States has been accompl>h-
ed in this State, and has Justly been the subject
of national graduation. ato
After careful examination ofthe cases and
the orders from the President and the War De-
partment. comprised in the report of the Secre-
rary Of War for 1903, from page nineteen TO
forty inclusive, to which you refer me, [ have
not been able TO discover any authority or 10
sruction incon, istent with the principles [
maintain, or even tending to question or modify
them -5
My conviction is that if this State is in full
fellowship with her co-eqnals in the Union, no
military power of the u S. can lawfully be
employed in controversy between an officer of
the State fully recognized by the Legislature
and the Executive and d claimant of that office
who is publicly disowned by the same Legisla-
iure and Executive; and hat in no case can
such military force be used unless requested by
me of these two departments of the State gov
ernment. Much more emphatically do | hold
that such military authority cannot rghtfuily
aid, or assist or countcnance, a claimant in such
a controversy against the will OF the Legislature
and Executive Of the State. | will add that
d. not fiHd In any of your references viewed in
the light of the Constitution and laws above
quoted, either instruction or permi sion to war
rant your late action 10 this city If any insruc-
tIons not known to ME direct or permit such
action, they are, in my option, in ncontraveniion
OF the Constitution and laws of the Unred
States. Your letter of the 18th inst, to Mr..
Chahoon. land which did not see until afi er
its pubca' ion in city newspaper clearly in-
dicated to my mind your purpose to protect
him in exercising the functions of an cfice which.
by the laws of ihl> Staie, he did not and could
not hold. and consider such interference un
necessary and Unauthorized. As the chief FIX
ecutiye of the state, it is my duty to see that
he laws are faithfully executed duty which
shall, under all circumstances, perform. II
| in the discharge Of this duty find the power
| of the State iuadequate (which do not antici
pate | shall promptly invoke the aid Of the
| Uned States in the manner prescribed by the
Constitution and laws thereof
1t Is proper for me to say relative to the con-