Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-12-31
HAS TIE PREsEDEET NO DrsCRE-


prominence 20 the position taken BY
the AUalai.che that the President could
net go behind the resolutions Of the
Mississippi Legislature declaring an IN
surrection to exist In Warren county.
confessIng the inability of the State
authorities TO suppress it. and calling
on him to exert the power Of the Gov
eminent. All this is so clear that we
have been surprised to. see several
journals whose editors should be better
Informed take the contrary position
that, as Crosby and his gang are a set
of miserable scamps, the President
SHOULD have let them severely alone.
We again draw attention to this matter
To point out the evil of such argument.
Is is an illustration Of that most dan
gsrous stretch of casuistry which de.
ciares the end to justify the means,
without reference to legal forms.
Granted, that the President person
ally desired to sustain Crosby, and that
the resolutions of the Mississippi Leg
islature were arrant falsehoods. This
does not touch the question. If the
| Tennessee Legislature next month
should, IN the event of any grave dis-
orders, declare the inability of the
State authorities to restore order and
call upon the President for aid, it
would be his bounden duty to respond.
exactly as he did IN the case Of Missis-
sippi. He is SlcOrB to do so whenever
thus applied to, the Legislature, if sit
ting, or the Governor OF other times,
being the sole judge of the necessity
for such Observation-Disclosures Aca-
lanche.
= Section of Article " Of the Fede.
raj Constitution is, curiously enough,
the only instance IN that document
where ''the United States in its cor
porate name, is vested with any powers.
All other powers are delegated to the
several distinct departments of govern
ment. This, of preserving to the sew
eral States a republican government
and protecting them from foreign or
domestic violence, is theonly duty left TO
''the United States" in the lump. The
ambiguous language was doubtless de-
signed for the purpose of reconciling
the conflicting views of members of
the Convention, some of whom saw
mischief in giving the President such
powers, while others feared the despot-
ism of the many, in Congress, and still
others thought the Judiciary should be
kept clear Of all political questions.
The section, as it lands, was a COM
promise, made In the hope that there
would never arise any occasion for re-
sorting to it.
In making the necessary and proper
laws" to carry this Constitutional pro-
vision into effect, We find that the very
first act of Congress bearing upon 1t,
enacted Feb. %, 1875. provides that ''in
case Of an instruction in any State
against the government thereof, IT shall
be Ja,gful for the President of the
United States, on application, etc,
to call forth such number of
the militia as may be applied for, as he
may judge sufficient" etc. We see
that this act did not make it the
"bounden duty" of the President TO
respond at all, but merely made it claw
ful'' for him 20 do SO, and then left it
to his discretion entirely to decide on
the extent of the emergency and the
number of troops needed. A fright
ened Governor might call for ten thou
sand, and the President, in his discEe--
ton, might send him a corporal's
guard. We quote this old statute mere
ly to show how Art. w., Sec. (, wis
understood By the men who helped to
make the Federal Constitution.
The law under which President
Grants recent Mississippi proclama-
ton was issued. is still more emphatic.
1t VIII be found as section 1858 of the
Revised Statutes of the United States,
d4u It's 4dAAS ue5S y. NuSACNGIs tN tftG
Judgment Of the President, it becomes
necessary to use the military forces
under this title Title 'Insurrection'
the President shall forthwith, by proc
lamation, command the insurgents to
dispense, and return peaceably to their
respective abodes within a limited
time" The President follows so
closely the language of this Revised
Statute that ne must have had it before
him when writing his proclamation,
and knew well enough that he must
act on his own judgment. Those who
would make him, by oath, the blind
tool of whatever bad men may get into
power in any State, seek 10 prove alto
gether too much. Under such a con-
struction no honorable or conscientious
man could ever take the cath of Presi-
dent of the United States.