Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1876-08-19
r,.n,o,ment OF Troops i'll the South

rhe unexpected order communicated 10
G.p.ral Sherm.r, by direction OF the Prcsl
dent, 10 hold AL available troops IN readlncs:
"a prorcc, the rights OF negro voters IN the
southern States, eYcitcs universal attention,
aud is likely 10 provoke angry and lDjudlclous
c9mmeuts 1t will be mistake to regard this
matter as very serious Ii should be looked
upon rather as an adroit political marG lvre
than as an effective military order. The re
pubiicau advisers Of the President saw an OPP
poruni.y 10 give Mr.. Scatt Lord a Roland for
his Oliver and as bit Of political strategy Ii
has no doubt, been dcxterous!y done. Our
only regret is that the President appears as the
chief player in this party game. Public opln-
ION will sustain him In every slnccr" attempt
10 secure fair elections 10 the Sou b, and We
have been hoplug, aud have had good reasons
to hope for the last tweuty mouths that he
wou take ~ further steps toward military IN
tcrerence except on necessity 50 maUl:est
thai the VIII le country would justify inn.
Since the unfortunate Louisiana affair III Jan
u,ry, 1875, President Grant has seemed truly
reluctant TO employ military torcc aud has re.
peatcdy refused applications trpm State Uov-
errors We incline to thiuk that the receot
order is hasty act, done on the advice OF
Others. without proper delibcratlon, and that
he will allow it 90 reflection to pass lDto silent
oJliyiop. We trust that the moral Influence
of this great station will be exerted to secure
fair elections and justice to both races and to
prevent auy complications requiring military
iutrrference We would tain hope that his al
miuistration may ecd with full realization Of
the memorable aspiration, Let Us have
peace" which he expressed 10 his first letter
cG accep ance We regard this recent order as
mere brutum tulmen-a .armleSs thunderbolt
Iaupchcd In 100 ready c1moance with astute
politc.aus, who did not wish their party to
risk - tempting a chance TO lash the dem,
cr.ts with withs OF their own cutting. We
appreciate the joke, but are sorry that the
President was complalsaot enough TO take part
IN 1t.
The democrats of the House were caught in
trap when M.. Lord sprung his resolution.
They Squiymed FIR two hours to 10 purpose;
but when they found they could not dodge
vote they were wise enough TO vote almost
unanimously for the resolution. Everybody
kurw that there was no hcartiness or sincerity
ia that vote, given under political duress, and
1t is really very good party joke tor the re-
publicaus to affect to look upon it as serious
and act upon itsas an instruction to protect the
negroes. 1t is very dexterous way of trump
ing the democratic trick, but it IS beneath the
dguty Of the President of the Uoted States
to participate 10 such party game.
There are conclusive reasons tor supposlnr
that this singular order is not serious Presl-
dent Grant is no lawyer, but he knows that the
Supreme Court, 10 s0lmn judgment pro-
lad thot h,, L,Fn
mar., law is unconstitutional, and that he lede-
raj Executive has no authority to interfere to
enforce the fifteenth constitutional anne ndmcnt.
After declaring that the right to vote Shall not
be dcpicd or abridged 90 account OF race or
color, it proceeds to say that Congress shall
have power 10 euforce this article by approprl
ate legislation Congress did legisIate and
passed the very elaborate act known as the Eo
iorcemcnt law. But that law covered too much
ground; it included subjects on which the ut
tccuth amendment conters 90 power, aud the
Supreme Court decided that its constitutional
and lis unconsttulio ional features were SO blend
ed and intertwincd that it had neither ability
nor authsrty to disentangle them, and that
the whole act is void by reason OF it's unconsti-
tutional provisions. I'VE are not able, said
Chief Justice Waite. 10 delivering the opinion
of the Court, ito reject 4 part which IS uncon-
sttutional aud retain the remainder, because 1t
is not possible TO separate that which is uncon.
S,tutional from that which ls DOT. within
its legitimate sphere Congress is supreme
and beyond the control Of the courts; but
If it steps outside Of its constitutional
limitations and attempts that which Is beyond
its reach the courts are authorized TO, and whcD
called upon in due course OF legal proceeding
must anDul it's eucr 0achmentS upon the reserV-
ed power of the States aud the people. 10
limit this statute in the manner now asked tor
would be to make new law, not to enforce an
old one. This is no part OF our duty. We
must therefore decide that Congress has not as
set provided by appropriate legislation Tor tho
rnn,shmcat of the offence charged 10 the IN
dctmcnt'
Thus authoritative decision settles the whole
question as to the power OF the Executive or
IT,, courts of justice to cntorce the fifteenth
amendment under existing legislation. The
thing stands now precisely as If no law had
ever been passed on the subje LIZ Is too
clear that the fifteenth amendment is not self
executing, aud the law that was passed tor ca
forcing it having become a dead letter by the
acrou Of the Supreme Court, the President
has no othor or greater authority to employ
troops than he possessed previous to the new
amendments 10 the constitution. Inc oupreme
Cou:t conceded tha, Congress has power to
supply such legislation Within certain limits;
hu luaSmuch as the Senate and the House
have been controlled by different political par
ties since the decision was made no SUBSTITUTE
has becu passed for the detunct act, and the
President can legally employ troops IN Stats
only to suppress domestic violence 10 compll
ance with call from the State Legislature OF
Governor. The order TO Gen. Sherman, there
Tore, amounts to uohiug practically, and Is
mere electloneering trick.
\ military order based upon an act of Con
gEcsS would be entitled to respect, but reso
luton Of the House is not law. but mere
declaration of opinion. 1t has no biudiol
iorce on the Executive; it coufers no authority
IT Is no proper foundation for official action b.
any department of the government. The Presl
dent is required to execute the laws, but tn
Scott Lord resolution is rot law; aud even ii /