Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-07-02
Governor Kemper to President Grant.


the time by Governor James L. KEN
per TO President Grant, in relation to
the extraordinary instruction transmit
ted to Petersburg, by the Attorney
General the United States:
| COMMONWEALTH OF VIRGINIA,
IA sGoyERNoR's OFFICE,
RICHMOND, June 18th, 1874
10 HIS Erceslency, u s Grolst,
President of the United States:
Sir-W 18th respectful Difference / in
woke your attention to the instructions
very recently delivered by the Attor
ney General of the United States to the
marshal of the Eastern District of Vir.
ginia, in relation to. alleged disorders
in Petersburg l cannot suppose that
those instructions were issued either
with your approval or your cognizance.
They appear to have been dispatched
directly from the Department of Jus
tice to an inferior officer OF a Federal
District Court in Virginia, but without
communication with any of the authors
ties of this State; and in directing
that officer to resist the alleged disor
ders, they assure him that upon his
requisition military force of the Unit
ed States would be forwarded to his
assistance They assume that disor
ders existed is Petersburg, although no
breach of the peace or disturbance
whatever had il. fact occurred, or been
attempted or threatened, or was likely
to arise in that city. They completely
ignore the existence of this Common
wealth and its constituted authorities !;
OF, at the least, they assume that the
government of Virginia is unable or
unwilling to maintain 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 in j,
terests which are distinctively local and
domestic. They empower subordin-
ate ministerial agent of the general
government, at its discretion. to subject
! peaceful community, together with all
its authorities, to the domination Of an
armed Federal force.
Such instruction, if carried into exc
cution, wrest from the people the right
of self government and convert the
State itself. into a province OF a mill
| tarY division of central and virtually
imperial powera They erect the domin-
ion of the Federal sword. in time of
peace, over the civil authority of the
State.
1t 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 offence 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 complaint of any
person aggreved or without such com
plant These causes were not permit
tedto be heard by State court, nor
vet by the appointed Federal authority
located for such investigations at
Petersburg, the residence Of all the
parties and their witnesses, but the ac-
cused were forced under arrest to Rich
mond, and here tried by United
States commissioner who, although as
is confidently believed, no probable
cause was shown, held the parties for
Indictment and trial in Federal court
and in SO doing he announced the mon
strous doctrine that in such case it de
yolved upon the accused to prove their
own innocence.
IF it be claimed that the exercise of
such arbitrary and despotic powers in
time of peace is permitted by the let
ter of the Federal statute, commonly
known as the enforcement act, statute
which sprung from the exigencles and
passions resulting from war, and the
provisions of which are abhorrent to all
the traditions of free government and
to the principles Of all its founders, let
it suffice to answer that the violent rem
edies sought to be provided by that act
were never intended to be employed
within State, except to repress actual
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, bene-
fetal and cordial relations with the
common government and with each of
its departments cheerfully yielding to
that government the full measure of It's
delegated authorities, / oppose with all
the constitutional means at my com
mand these acts of invasion of the
rights of the States and the liberties of
the people.
I affirm the inalienable right of this
| Commonwealth to self government, its
authority to rule its internal and NUM-
citipal affairs = in accordance with
supreme organic law and without un-
due restraint or hindrance from any
| power whatever. point to the yet
recent past for proof that this govern
has the capacity and the will to protect
personal right and to enforce justice,
ordiers and law; and / solemnly protest
against the late action of the Attorney
| General Of the United States as a fla
grant wrong and indignity to State
authority, as subersive of the principles
of free government and destructive of
the organism of American constitution
al liberty. In the name and in behalf
of the injured. government and people
of Virginia, | charge that officer with a
unsurpation of power which imperils
the safety of both and of all. | con
front him before the justice and authori
ty of your great office. and | appeal to
| YOU for action which will at once re
dress the wrongs Of the past and guard
the principles of the government
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