Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-12-15

the government of the United States has no
concern, and in which it cannot interfere,
except upon application of the Legislature
or the Executive Of the States, as contem-
plated by the fourth section of the fourth
article OF the Constitution. and that any at
tempt by the officers of the United States
army to employ any part Of the military
forces, as proposed by the gentlemen who
made the application for four companies of
infantry TO be stationed at or near Chicago
for an indefinite period, and approved By
Lieut.. Gen. Philip II. Sheridan, in his letter
to the Adjutsnt General, of the 29th of Oc-
tober, and by Gen. w. I. Sherman, by his
telegraphic communication to Lieut.. Gen.
Sheridan, of Oct. 81, 1871, must be i'm
proper, because violative of the Constitution
and the laws.
81 do not, Of course, propose to discuss
with your Excellency the question of the
relative rights and powers of the United
States, and of the States, under the Consti-
| tuition, for will not anticipate the posi-
| bility Of difference Of opinion upon the
point that the duties of the executive Off
GERS of the two systems are defined so ac-
curately, and are kept so distinct by writ
ten constitutions and laws, that there is no
| possibility of conflict between them. The
| duty of the President is to see that the
laws Of the United States are enforced, and
that of the Governor of Illinois is confined
| to the enforcement of the laws of the State.
Neither obstructs the other, nor aids nor in
| terferes with his duties. The Governor Of
| a State derives none of his powers from the
| United States, nor are his duties subject, in
any respect, to the consent or discretion of
the President, who can, in no wise, enlarge,
| abridge, or interrupt them, either by assum-
ing them himself, or by intrusting them to
Others"
The Governor expressed the hope that
! the troops would be Withdrawn, or the
order $50 modified as to prohibit their act
ing as police, or in any other way to inter-
fere with any Of the duties and functions
OF any of the officers created under the
laws of the State" The Governor wound
up bis letter by declaring that "the State
of Illinois can not accept of their aid or
permit their interference in its affairs, with
ont sacrifice of the confidence of its citi-
zens, nor without giving countenance to a
dangerous example,"
Grant replied to this letter under date of
Nov. %, very CURLY, referring the matter to
Gen. Sheridan.
In laying this correspondence before the
Legislature of his State, Gov. Palmer says ::
''It is not improper for me to say that when
the regular troops that had occupied Chica-
60 from the 18th to the 23d day of October,
1871, when ordered to their stations, and
the volunteer force organized by Lieut..
Gen. Sheridan was disbanded, did not be-
lave it to De possible that any officer of the
United States army could again find pre-
text for interTneddling in the affairs of the
State of Illinois. Ny expectation of future
exemption from military interference was
based upon the belief that the authorities
of the State had already done enough for
the maintenance of the law and for the pro-
lection of all the interests of the people Of
Chicago to merit their full confidence, and
that the local officers OF the city were theE
so alive to their duties and so confident in
the support of a powerful State that nc
room would be left for external interven-
ton.
SIT is manifest that the order of the
President, described in his letter Of NOV,
q, ends all discussion, and leaves Lieut.
Gen. Sheridan, with four companies Of in.
fantry, in Chicago, with discretionary pow
ers to intermeddle in affairs that are within
the exclusive and peculiar jurisdiction Of the
= State, and with which the President and his
/ military subordina,es have no rightful con.
Germ whatever.
at seems to me, from the letters o" III,
President, and the papers laid before thu
General Assembly, thai Gen. Sherman anC
/ Lieut.. Gen. Sheridan entertain the belle
that, under our system Of government, it is
= party of the duty of the officers of the
) army of the United States TO superiutend
the administration Of local governments
5 and that if they are not satisfied will
the measures of protection afforded
. by the State TO the persons anC
property Of their own citizens, TIT
7 officers of the army have the right, at thei
! own discretion, TO introduce a part Of the
army, and through its agency afford sucl
additional protection tn tie people as the!
may think necessary or proper, and tha
5 their right to interp0se for that purpose dee
| not depend upon the ability Of the State t.
discharge their duties. There is no othel
, ground upon which the conduct of General
D Sherman and Sheridan can be placed. y,
: one will pretend that the State Of Illinois i
tect every person and all property within i
limits l. is to be remembered
: that Chicago is part of one of the mos
wealthy and powerful States of the Union
/, that the State government is in full vigor
and its laws everywhere enforced, ans
that the resources are ample for the dis
:, charge Of all its duties. II will surprise N
one, then, that protest that no eInergenC,
has existed at any time in the history Of tn,
! State of Illinois for which it was unable t,
J provide, and nothing in the Constitution 0
, the laws to give the President or his militia
! " subordinates the right to determine whel
it is necessary or proper for the authOritie
;. Of the United States to interfere in the in
, ternal affairs of the States.
81 also deny that the officers of the arm,
have the right to determine the measure Q
the duties Of any civil officer, under an
, circumstances whatever, or that their pow
: erS are increased by any emergency that ca,
: HoSsibly happen in the affaiis of any State
/ hey are not, as they seem to suppose, tn
a natural rulers of the people under any cir
: cunStances of difficulty and danger, bu
: they are, a. all times, the interiors Of tn
humblest officer created TO execute the law
; of the land.
q And the General commanding the arm
= seems also to have fallen juto the danger
/ Gus error Of suppOsing thai his Official mill
q tary powers are paramount to the cOnstitu
! ton and the Jaws. He Endorsed upon tn
: repoit made by Lieutenant Genel n Sher
a dan. Of bis operations While enforcing mil
: tary rule in Chicago, bis approval of all tn
acts of bis subordinates, and that, too, wit
. an emphasis that he seems to have supposed
. will preclude all question of the prophet
a Of bis conduct; and on The 31st of Octobe
= when the same officer applied to him fc
leave to bring other troops to Chicago, h
f not only responded favorably to his wishe
but informed him that the troops were {
act as police.
l. at is due to the dignity of the people {
d the State that should say cannot conseI
q that the grave and important subjects thu
- have urged upon the attention of the Pre-
T. ident shall be decided by an officer Of ii
Of army; but | must hereafter, as / have doJ
in the past, protest against such iutcife
10, ence by the officers of the army in the al
- fairs of the State. must protest again
such interference because it will eStablis
. a precedent dangerous TO liberty, because