The daily gazette., 1876-12-02
From the New York World.
C~Sarism and it's Anti
dOfe.

We fear that the Herald has abated
somewhat its apprehensions of CRsarism
and third term, if we are to Judge from
its recent theories as to the power of
President to move the army about the
world. 1t says: Gas Commander-in-
" Chief he has unquestionable authority
" to regulate the distribution of the Fed
" eral forces. He cannot carry them be-
yOnd our frontiers except in a foreign
" war, and as they must be posted some
d" where within our own country, he is
" free to select the places. No State has
" any right to complain of their presence
to object to their transit through t.
" territory, nor to their remaining in any
" part of 1t 80 long as they are not used
for purposes ofillegalinterference with
+" its affairs"
We are bound to assume that our col
league intends to be understood as saying
that the President has "unquestionable
authority" within the discretion which
the Constitution and Congress have i'm
parted to him. Certainly Congress has
prohibited him (section 2,002) from order
ing or keeping any part Of tho army. at
any place where q general or special cleo
ton is held in any State, unless under
certain specified conditions. If he can
post soldiers in any place he pleaseswith
in state, what law restraints him even
in time of peace, from posting them il
Canada, ifGreat Britain and Canada
consent? We had supposed that the State
of New York had exclusive ownership
and jurisdiction of its State-House at AL
bany, and that in time of peace, and with
| out invitation from the State, the Presi.
| dent could no more quarter an army
! therein than inside the Herald building
Various State enactments have been ask
ed for and given, to enable the United
States to establish light houses and bea'
cons, to build post-otfices and custom
| houses and arsenals, within the territory
of State, and he Constitution declares
that without such the United States can
not exercise there exclusive authority.
OF course no State ever will object
| to the Federal army coming, for the pro
per purpose for which the people are
| taxed to maintain it, withinits dominion'
| but the people will seriously object if any
| soldier shall, sin time of peace, be quar-
tered in any house State House or pri.
vate house) without consent of its own
er." 1t is Congress that, under the Con
| stitution, makes rules for governing the
army. The President is, to. be sure, the
commander or first general las the Fed
e.uiists called him), but only to order the
army according to the purposes for which
! it is raised and supported. The laws OF
| Delaware make it felony for any citi
| zen or inhabitant of the State to cause
any armed soldier to be brought into the
State, to be present within five miles OF
any voting place on any election day.and
| if guilty, he is liable to imprisonment and
to be forever incapable of voting in that
State.
The Herald intimates that the Presi
dent was guilty of impeachable crimes in
Louisiana, and is in danger of similar
crimes in South Carolina. Tho army
under his orders, occupied the State
House of the latter State day before yes
terday, that journal tells us and, if done
under the Federal statutes, how is that
not an impeachable offense? If there
was insurrection there against the
'.State;" if the Governor satisfied the
President that the State could not unaid-
/! ed, suppress it; if the Legislature could
not be convened, and if the Executive
called for Federal aid, it could then, and
then only, be lawfully given. But did
those conditions precedent exist? If moi
the President had not "unquestionable
authority to regulate the distribution
Z" of troops" into the State House, and
the State had a 'right to complain OF
their presence" 1t is this first step
which the Herald excuses or palliates,
| that is criminal