National Republican. (Washington City (D.C.)) 1872-1888, 1875-09-15

! luIlOn
1.-THE United States shall guarantee to every
State in this Union republican form of gov
eminent, and shall protect each of them against
invasion, and, on application of the Legisla-
ture or OF the Executive (whenthe Legislature
cannot be conyened) against domestic VIC.
| lence."
There are three several distinctive SUBJ
Jects- matter provided for in this section.
First the United States shall guarantee to
every State republican form Of govern
ment; second, that it shall protect each Of
them against invasion third, on applica-
ton of the Legislature or of the Executive
(when the Legislature cannot be convened)
it shall protect each State against domestic
violence. When the United States is to
exercise the first and second of the powers
conferred is an open question. The occa-
sion which shall evoke it is left to the dis
cretion of the Federal authorities who are
to enforce it; but with regard to the third,
there is a marked departure in the language
and intent. The time and occasion when
this duty is to be performed by the United
States are Enthusiastically fixed on the
| application, &c. When the language of
written law is plain and unambiguous there
is no room for construction. 1t must be
taken in its ordinary Specification, and every
word must have its appropriate meaning
given to it. These rules, familiar to every
well-read lawyer, are applied with peculiar
stringency to the Interpretation of constitu-
tional law. These are the elemental prin-
ciples of the Constitution, out of which
springs another rule of law applicable to
the matter under consideration, which is
that whenever statute or any form of
written law gives discretionary power to
any person to be exercised by him upon his
opinion of certain facts, the law makes him
the sole and exclusive judge of the exist
ence of those facts. The word cor" has
many definitions, but that which is appro-
pirate in this context is "in consequence of
or Immediately after" Giving to it this
obviously correct definition, the Constitu-
ton means that the United States, ''in con-
sequence of or Immediately after" the ap-
plication of the Executive, shall protect the
State from domestic violence. The relief
is to be prompt and summary, as the evil
is considered dangerous and destructive.
Nor can the Federal authority stop to in
quire whether the condition exists which
calls for the Intervention of Federal power.
for the Constitution has made the Execu-
tive of the State the sole and exclusive
judge of the existence of the facts upon
which he makes the application, and upon
which the United States must protect the
State from domestic violence.
The wisdom and propriety of this rule
are conspicuously Yindicated in the matter
under consideration. The Governor of the
State (the Executive of each State) is the
person designated by the Constitution to
determine as to the fact of domestic vio-
lence" and of the necessity Of Federal aid
in its suppression, and when as Governor
he makes the application, his doing so is
conclusive of the fact of the existence both
Of domestic violence and of the necessity
for the aid of the United States in protect
ing the State against it. Domestic violencs
requires speedy suppression. Whatever Its
form, it Is quick, hurtful, destructive.
Whether with the torch, the dagger or the
Winchester rife it is always dangerous and
often fatal. 1t was never contemplated
that Federal authorities could investigate
and determine upon the existence of such
a perilous condition in State Thousand,
or it might be two thousand miles, away
from them; much less was it contemplated ]
thst they should be advised of the facts by
rumors or by the representations OF the
confederates of the authors of the domestic
violence, or by the reports Of an associated
press the essence Of partisan mendacity
and deliberate viaduct and dissemination of
falsehood, nor by any other than the mode
pointed out by the Constitution-thea ppli-
cation of the Executive of the State. Act
ing under the responsibilities of his exalted
position and bound by his official oath, the
Governor of the State is appointed by the
Constitution to inform the Federal authori-
ties of the existence of domestic violence
in the State and of the need of Federal |
to suppress it, and upon this |
it is the constitutional duty of the Federal |
Government to comply with the applica-
ion. The wisdom of this summary mode |
Of dealing with this subject-matter is con-
;picuous in every view in which it can be |
looked at.
Ifthe Governor is mistaken, and the Fed |
eral aid is rendered, there is no harm done, |
ave the trifling inconvenience and expense
Of moving few troops. If be is correct |
md the aid is needed, it results in the |
speedy suppression Of domestic violence,
he prevention of crime and the destruction |
Of property and life, and in the mainte-
nance of law and restoration of peace and
order. On the other hand, if refused or
in such case, it leaves the lawful
authority Of the State to be trampled un-
Ter foot by lawless violence or RENTS it
o conflict which may sacrifice many
ives, be long or short triumphant or
defeated, as the chances of civil war may
lecide, thus bringing upon the people of
he State the very evil that this provision
# the Federal Constitution was framed to
,uard against.
This will be verified by results in Missis-
ippi either by the submission of the lawful
authorities to the White Leaguers, or by a
ivil war with the White Leaguers on one
ide, and the blacks on the other adding
o the bitterness of civil strife the horrors
ia war of races. The comparatively few
whites who will arm on the part of the
Republicans will be singled out and killed
With long range guns, and the negroes will
hen soon be routed and dispersed. to be
united down and shot as wild beasts until
he exasperate vengeance of the White
,esguers shall be satiated with brutality.
70 quarter will be given, no prisoners
AIKEN. The unequal contest will not be
var, it will be simply slaughter of the
lacks. As reasonably could we expect
var between wolves and sheep as between
be white and black people of Mississippi.
Is this to be the end Of our Toasted eman-
ipation2 The nation after thirty years of
erce political strife and four years Of war
truck the letters from the limbs Of the
laves. The Republican party took them
charge and invested them with citizen
hip, and by the solemn sanction of law
to them equal rights and free
uffrage, and having thus aroused against