The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-07-25

EXTRAORDINARY ihotIuctfoha uaismit'cu "
Petersburg BY the Attorney General Of the
United States during the excitement con-
sequent upon the recent arrest Of the
judges Of election
Commonwealth Of Tsrgiaiia, Gossrnor's
CJfce, Richmoad, June II, ls74--To his
Excellency U. s. Grant, President Of the
United States-Sir: With respectful def
erence l invoke your attention to instruc-
tions very recently delivered by the Attor-
ney General Of the United States to the
marshal Of the eastern district Of Virginia
in relation to alleged disorders in Peters
burg | cannot suppose that those in
struetions were issued either with your
approval or your cognizance. They appear
to have been dispatched directly from the
Department Of Justice to an inferior officer
Of federal district court in Virginia, but
without communication with any of the
authorities Of this State, and in directing
that officer to resist the alleged disorders
they assure him that upon his requisition
a military force Of the United States would
be forwarded to his assistance. They as
sumo that disorders existed 10 Petersburg,
although no breach of the peace or distur-
bance whatever had in fact occurred, or
been attempted or threatened, or was like
" to arise in that city. They completely
ignore the existence of this Commonwealth
and its constituted authorities; or, at the
least, they assume that the government Of
Virginia is unable or unwilling to main
tain the peace within the just Jurisdiction
Of the State. They imply that federal
department may exercise immediate and
discretionary control, within this State
over vital interests which are distinctively
local and domestic. They empower sub
ordinate ministerial agent Of the general
government, at his discretion, to subject a
peaceful community, together with all its
authorities, to the domination Of an armed
federal force.
! Such instructions, If carried into exc
cution, wrest from the people the right Of
self.goyernment, and convert the State it.
self into province or military division
Of a central and virtually imperial power.
They erect the dominion Of the federal
sword in time of peace over the civil au-
thority Of the State.
Il was but few days before the date Of
these Instructions that other wrongs were
inflicted by federal authority upon citizens
of Petersburg. Certain judges of local
|, election were charged with rejecting legal
votes, an offense at all times cognizable
and punishable by the State tribunals by
virtue of State laws, due evidence of the
offence being shown either on the com
| plant of any person aggrieved or without
such complaint. These causes were not
permitted to be heard by State court,
nor yet by the appointed federal authority
located for such Investigations at Peters
burg, the residence Of all the parties and
their witnesses, but the accused were forced
under arrest to Richmond, and here tried
BY United States commissioner, who, al
though as is confidently believed no pro-
bable cause was shown, held the parties
for Indictment and trial in a federal court,
and in so doing he announced the mon.
strous doctrine that in such case It devoly
ed upon the accused to prove their own
innocence.
lift be claimed tlat the exercise of such
arbitrary and despotic powers in time of
peace is permitted by the letter of the
federal statute commonly known as the
enforcement act, statute which sprung
from the exigencies and passions resulting
from war, and the provisions Of which are
abhorrent to all the traditions of free gov
eminent and to the principles of all its
founders, let it suffice to answer that the
violent remedies sought to be provided by
that act were never intended to be en-
ployed within State exceptto repress ac-
tual and serious infraction of law and
order, and then only in case the authorities
Of the State should fail efficiently to meet
the emergency.
Desiring to cultivate peaceful, beneficial
and cordial relations with the common
government and with each of its depart
ments, cheerfully yielding to that govern
ment the full measure Of its delegated au-
thorities, oppose with all the constitu-
tional means at my command these acts
Of invasion of the rights of the States and
the liberties of the people.
! affirm the inslienable rights Of this
Commonwealth to sslfgovernmsnt, its
authority to rule its internal and munich
pal affairs in accordance with supreme or
ganic law and without undue restraint or
hinderance from any power whatever. / |
point to the yet recent past for proof that
this government has tho capacity and the
will toprotect personal right and to enforce
Justice, order, and law; and l solemnly
protest against the late action Of the At
tor ey General Of the United States as a
fragrant wrong and indignity to State au-
thority, as subyersive Of the principles Of
free governments and destructive Of the or !
ganism Of American constitutional liberty.
In the name and in the behalf Of the (
injured government and people of Virginia, 4
! charge that officer with uzurpatioh Of I
power which impcrils the safety If both /
and Of all. ! confront him before the jus I
tice and authority Of your great Office, and I
] appeal 70 you for action which viii at
once redress the wrongs Of the past and !
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