The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-06-29
Ritl,ntoad Dispatth'
DUNE %, ISL

r,n guomirer is comical but not 'os'.,'''
~ ;,te,d 10 set it right in regard 10 'n'
,.,p,ux act and martial law even IL "e'''u.
- synsEy SMITHS saying, we nave 70
,,nreorm an operation to get the 'r"e re-"
into it's head-that is to say, oore IL
r,,o,t,re, it is that is guilty OF fcaSoh"'E
,,rta. the manner of a woman mat p"pc'
"aa,,ot understand the argument unless III,
,,.b,,a nrocess of ratiocinatlon IS p'",."
before il. We will attempt. 10 10 '"''
Then ,.. aoc,,ro mar
t,sl law inheres in his ofhce' IL Is ho'
ssrv that there shall be an act 0. oohs.es
>, c,othe him with that power. hehe'o'
,,.,,or.,e, in the Union the clrcum'
', .1-,s .,,:.t which demand the exercise OF
,,,.r,;a, law, then and there he may declare
il. . ,>.or
But, 2ndly, the President cannot eNer
else this power without cause or III ie''s'
color Of reason. The circumstances must
av;st which call for its exercise. Undcr ''ie
Federal Constitution the Governor OF tie
,,nc;Satnre Of State certihes 10 the freSi-
d,nt the existence of the state OF things
which would justify him i'll declaring mar
,ial law. That is to say. II an insurree'loh
or rebellion exists in any state, the freSi'
dent NAV be called upon 10y the Governor
or the Legislature for troops 10 put Il
down and then only may he declare mar
tiaI law. But the kukluX law does away
with This provision of the Constitution
authorizes the President to send troops 10
any State without being called upon Tor
them: and provides that certain STATE OF
things (whoSe existence is to be JGdSed Oh
nv The President and not by any Governor
or I,ccislaturc) shall be deemed 4 repel'
lion" Now, we say that the kukltX act doeS
thus provide Il way for the declaration OF
martial law nv the President. Is there an!
Inconsistency between this position ana the
assertion that the p0lcer of the President 10
declare martial law does not depend upon
the kuklux act : Doesn't the Enquirer now
nrrceiyc that it is its own logic which Is at
fault and not ours: The Dispatch says
tina. under the kuklllX act the President
nav declare martial law. The Inquirer
SAYS that he cannot. We show that ne can,
thus meeting the issue directly and without
evasion. Yet because we add to this de-
monstration the assertion that the p0,cer to
declare martial law is not conferred upon
Ike President by that act, the Enquirer
tries to chop logic with us. The Enquirer
said plainly, "the Dispatch is in error Ill
supposing that there is cat III JONES, :
"hou.e.' We replied, " There is cat III
JoSEs's house," and we proved the truth OF
our assertion. We did not say the house
created the cat the cat in fact existed be-
fore the house was built !: yet because we
added that JOSEs's house offers way by
which the cat may get to the garrct, ana
without which il could not have entered
the garrett, the Enquirer understands us rs
changing the issue, and asserting that the
eat l. in the garnet of the First Baptist
Church. The power to declare martial law
j. III the President as commander-ln-chlei,
Whether there be Il kukluX law or not just
aS the cat exists, whether in JoNEs's gar
ret, or in that Of church. or elsewhere.
Tie kuk!uX act furnishes the occasion Tor
the exercise of that poWcr-Supplles the
circumstances, the state OF lullSs, Which
will justify its exercise just as JONES fur
nishes means of access 10 his garnet TO
cat already an esSe.
in effect, if not in words, the COnstitu-
ton. in making the President commander
in chief of the army, conierS upon him the
power to declare martial law, but says that
he shall exercise it only under specified
circumstances and the kuklnX act SUI
plies these circumstances.
Logic is logic. That's all 1 say"