The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-01-26


President Tyler in the DOrr case, in con
genial language he declares: "WhateveI
might be his individual views Of the char
ter government, Of its Justice, Of ia accep
liability to the majority Of the people gov
erped by 1t, Of It's correspondence to the
advanced ideas Of republican institution.
which there prevailed, be had aS Presi
dent only the right and duty to recognize
the existing facts, Questions Of theOreti'
cal right which might lie back Of these
were not for him to determine, What he
must recognize and act upon was the at
tempt OF diSsalisied pGTtisS 20 at aside III,
constituted authorities, and tho demand by
those authorities for his assistance. These
made clear case for his action under the
Constitution and left him no discretion,
Any despotic authority in the premises
was not that Of the President, but Of the
Constitution, aud had been agreed upon
for precisely such emergencies, He must
obey it or be a public criminal, &c."
II some Of the Conservatives were un-
Justly and iraudulently counted ont il
was a fragrant transgression upon their
rights and immunities. It was an out
rage upon their people. But they had a
remedy-That remedy was not however,
revolution System Of terror, Of political
murders, The President could not go
behind the returns OF the Returning
BOard-he could not as Tyler aid in his
message touching the DOrr case deter.
mine which party had the majority OF
voters, or make the majority OF one day
the minority Of the next day. II was his
transcendent duty to protect the de facto
government from domestic violence"
The violence Of the 4th Of January was
only q continuation Of the revolution Of
September the l4th, 1874. The insur-
gents had not surrendered their arms in
compliance with the reQuirments OF the
Presidents proclamation, Their organi-
zation was intact. The revolution was
not abandoned, Therefore, do say twas
the Presidents duty to continue to sup
port and protect the Kellogg dc iactO
government. Such action would have
been defensiblc upon ground OF over
mastering necessity THIS rule obtains
when no rule Of law can bc enforced.
Courts recognize il. The necessity on the
18th Of January, which the President
would have been bound to obey, was the
Of u bloody carnage and to
preserve order. IleGOuld have either in.
teriered with the military or let another
saturnalia Of blood be enacted at New
Orleans. lie would have been u public
criminal II he Ind exposed that commit
nifty to riot md bloody carnage, The
peace from September 1874, to the It'll Of
January Inst was only bastard peace,
such us the lazy Roman admired,
But dissmissing the hypothesis, we
say that in the very nature Of the thing,
the President could not have been privy
to, or have directed military interference.
His first knowledge was not superior to
my other persons, therefore the impu.
laliOn Of responsibility on the President
IL gratuitOus, and without proof,
The gentlemanfrop Ohio county (Good)
ignores the fact that only those who had
not been returned IN elected were elected
from the IIOnse Of Representatives by the
No person who was clothed with the
Of II sacred representative Of the
people was driven from the House. More.
Dvcr II was necessary To his argument to
ignore the fact that the frat interference
BY the military was ut the Instance Of the
Conservatives, lit was unconstitutional
10 eject persons who were not returned rs
elected, was Is not also unconstitutional
10 repress disturbance, which was
caused BY persons who weie returned ~
elected in attemptingtO 90 out Oiihe hall?
II il q most lamentablc and painful
fact, that when the Conservatives in the
South commit political murders by hun
lreds, no Democratic orator condemns
Ihem-no Democratic Legislatures Witt
their reprobatiOn upon them--the Con-
'titutiOn Ia not trnnsgressed, But when
ever the Federal Government interVenes
10 repress such crimes, then howl Of
rage aud vain defamation is heard from
Maine to California. The cry Is, "Thc
Is trampled upon "-"Sacred
Liberty reduced to ashes l"-" U5nrpersW
-"Tyrants IA second CtaArW
The gentleman from Ohio county
Mr.. Good declared that such military
with n State had not itS
fellow in history" Behold how Demo-
cratic presidents rebuke him: BY order
Of Gen. Mcclellan, Just at the beginning
Of the late war, the Maryland Legislature
waa arrested by Gen. Banks with mill
tary force. Maryland had not yet been
declared III Il state Of Instruction. Gen!
Banks has since joined the Democratic
party. Gen. Mcclellan wns the cAndi-
late Of the Democratic party for Presi.
lent. The gentleman from Ohio county
Mr.. Good doubtless voted for him.
Again, by order Of Il Democratic Presi-
lent the Legislature Of Kansas, then an
embryo State, was driven out Of Topeka
ut the point Of Federal bayOnets, Dur.
Ing the war Of 1872 Gen. Jackson arrest.
ed with military force, Judge Hall and
him--a Judge Of New Or.
leans. This was done after the English
forces were driven away. Tho Demo.
cratic party Subsequently elected Jack
son President for two terms. A Demo.
cratic Congress refunded the money
($l ,0OOl which jackson paid as n fine.
Other illuStrious Democratic presidents
are ut hand. | do not Affirm TINT these
things were wrong, but do say that
when our Democratic friends become 40
yittuons about military. interference,
which they conceive Is OF doubtful con-
additionally, they must Ike reminded Of
the precetleilts they established long since
General Grant Ii assailed by the resO-
buttons. lie IL accused Of being actuated
BY sinister motives and Of having lndenl-
ocratic designs Of tsIrping the govern.
ment Of the country. Zee how lie facts
do not verify these impitntiohs:
In the Arkansas case he reluctantly In
tefiered between Baxter and Brooks.
The only accusation made against him
was that he was tartly IN putting periOd
to q diSgraCeful parody OH government
Democratic papers appealed TO him to
interfere. The Constitution was not tar
hished then, beCalise he recognized the
claimant, WHO was almost Democrat.
The President refused To aid Governor
Davis, Of Texas, IN retaining his office
against Ills Democratic competitor. lie
refused to did NoyernOr Ames, Of Missis-
sippi, TO suppress the ViCkSburg mas.
sncre Of Republicans ierause Ames had
not complied with technical require.
ment by showing that the Legislature
could not he convened. lie has appealed
again and again 10 Congress to legislate
OIL the subject Of Louisiana. ! submit
that sich Tnhtlupt IA incnmuaiihle with