The New York herald., 1876-09-25
The Supreme Court Decision DOES Not Refer
10 Federal Elections.
THE QUESTION OF THE POSSE COMlTATUS
Admiral Porter and Secretary Robeson's
Obnoxious Order.
FROM OUR REGULAR CORRESPONDENT.


roRNEY GENERAL SENSITIVE OVER THE CRIT
IcIsMs OF THE BAR AND THE PREss-A DE-
FENCE OF HIS CIRCULAR.
Considerable misapprehcns!on having been cnuacd
In regard tho effect of the decision the Supreme
Court OF the United States upon the employment OF
troops IN the South at an election for members Of
Congress and Presidential electors and public opinion
in the South, through the press and otherwise, having,
IL Is claimed, been mslcd, the government has for
time had its attention directed TO tho fortunate
effect o. the Impressions hus created among the
Southern people. The OF troops at their
elections take place only at elections for members
OF Congress and Presidential electors. This the dcc
sion OF tho Supreme Court did and docs inter.
fere with. Tho decided by IL was in regard to
State and not federal election, which former
cannot be interfered with by the application OF
the Fifteenth Amendment so lar relates TO tho ap-
pointmcnt OF marshas registers and supervisors of
election But that the decision OF the Supreme Court
OF the United States did not refer TO a federal ct C.
tion the government wants It cmphatcally under
stood, and also that It Is acting precisely
within the letter and spirit OF the law
when II employs troops to preserve the peace
md prevent tho intimidation of voters The Attorney
General ordinarily calm and conservative lawyer, has
had energy and resolution aroused 10 the highest
pitch this. and while discussing the subject of lato
the Bismarck order.
Just before ne left Washington the whole subject OF
political affairs in the South before him. lie says
that he is coming tho conclusion reluctantly that
very bad state OF things exists In many parts OF tho
South, especially South Carolina, Mississippi and
Louisiana. ii o desires to have q correction made in
the HERALps views taken In wnnt no
gardcd otherwise rs q very able editorial
tho 18th OF August last the employment OF
troops in the South. rho following hts express
sons as dictated by him this point to your
sponn hall hour before he lett to take part in the
Ohio campaign
The HERALD has. as I think misapprehcnded tho
decision OF United States supreme Court by sup
posing that applied TO tho fcaeral elections when
only applied to tho State elections. Tho which
was decided related to State election and the law.
applied State election, could only be valid
which provides that there shall bo no dis.
elimination against citizens ON the ground of
color or previous condition of servtudc. Tho
provision OF this statute although intended provide
TOR the carrying out OF shat amendment was so broad
in us terms as to cover citizens OF nil coors and CON
ditons, and the Court held that such an enactment
not "appropriae legislation to carry out tho Fif-
tecnth Amendment II WIS, therefore, ineffective IN
furnishing any remedy for wrongs done at a state
election bnt the Court expressly stated that his rui
ing had bearing upon the federal elections. The
instructions OF the marshas founded upon the
press provisions OF the statutes applicable tho
ersl elections secons 2ooa 2c1l. 2'o24 in-
elusive; 5,5O3, j,i07 5h22. Tho attention
OF the Marshal and hs deputies also called ur tho
sections OF title "a OF the Revised Statutes be-
ginning on page 1853, and to chapter OF title 20, be-
ginning page ,O73 They not therefore in
iict with the judgment OF the Supreme Court. The in
structons TO tho marshals simply esnbody the provi
sons of tho law. the posse conitatus Is
ccrncd It gives the common law and those Of
tho stantcs This IS fully covered in the clause OF the
rage 473l rc,tcrating decision OF Lori
Mansnod in 2l Parl HIST, pages 672,
Sss to cali tho ont 70. we'll settled
and they broad as tho language of the insruc
tions to the marshas makes II.
The Attorney General has been somewhat annoyed
by unjust attacks made upon him he issued
hts instructions; but ho takes everything philosophy.
caly The foregoing he desires DO his response and
tho explanation Of the whole matter He means to
keep within the law speaks kin lily Of the SOUTH but is
determined to enforce the provisions of the statutes
and exact from every Marshal and Dis
trct Attorney under him full aud fearless
performance OF his duties Tho law shall be respected
lust as promptly and obcdiently in every tho
Southern States Is in every other part of tho Union
and every agency needed TO enforce 1t will be applied
Judciously but nnrelertnsly A test case is under
stood to DO attempted on the Attorney Generals n
sructions at the lrs, opportunity.
Up TO a late hour last night extraordinary move
mcnt of troops change OF commanders had
been made the Attorney General SAID. Tho War
Department looks confidently Tor quiet election
in the south Tho declarations OF such leaders as
Wade Hampton aro regarded ms nero buncombc to
frghtcn tho negro. The South cannot nnord just
to 20 into secession u Is all talk distinguished
War Department official said, laugbingIy, while dis
cussing this subject that he reminded OF old
crai Scott's remark about the Mexican when he
was threatened with annIhilntion in a message from
tho enemy. Hc replied, testify, "Brlng your brig
ndc of elephants"
SECRETARY noDHsoN's OBNOXIOUS ORDER
rHx FALSE POSITION IN WHICH ADMIRAL
IoRTER Is PLAcED-GRANTs REVENGE roR
LoNS FORGOTTEN LETTER.
Tho friends of Admiral Porter hero arc very inig.
nant tho attitude no has been put by Secretary
Robson in the order issued relieving him ap-
pcnton OF special order No. 2l6 Tho Interpretation
put upon is that Admiral Porter asked that might 10
roscndci applied TO himself plonc whereas he
asked in the namc of and Tor all The officers OF the
navy that IL might be rcconsdercd. As II stands now
1t upjusty arouscs spirit OF animosny among navy
officers against Admiral Porter. and affects tho dsci-
pine and good relations of the whole navy. Tie
order OF Secretary Eohcson Is deemed 10 BE- wholly
illegal and uncalcd for In order 10 test II
counsel has been engaged by tho officers of tho navy
here argue before tho Attorney Gcnerai but It Is
confidently asserted by member oi the Naval ro,rd,
who is ou intimate terms at the White House. that as
soon President Grant reaches Washington he will
give orders for the ending Of the obnoxious pro-
nuucamento Of Secretary Robcson. THIS is signiicd
in so emphatic to warrant tho belief that
somc ini'nation Of such proposed action has already
been gwen.
cruel version Of tho undercurrcnt in tho
order of the Secretary Of the Navy is given
out that tho President remembered almost
forgotten letter written about him by Admiral
Porter an unilatcrng vcin, and by his acumep,
ing all of tho effect hls order would gvo releasing
Porter determined by granting II with n refinement OF
cruelty to havo his revenge Admiral Porter for
having dictated the unamiabc mssvo OF which therc
Is proof here. AT all events, IL Admiral Porter
disgraccd by the application OF Secretary Robe
sons order, thcrc Is no doubt that he Is now
fortunately tainted among his craft by the Official