The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-10-28
he LAWYERS PROTEST Against Military
"a Fntcrfcrence.s II a

! More than fifty members of the Phiiadel-
,phiaiSbar, many OF them eminent fin their
profession, have published q solemn protest
against the proclamation OF President Grant
upon which he basesShis ground for military
interference with the South. They con-
denim his action In the matter because they
hold it to be utterly without warrant by any
proper Interpretation Of that section OF the
Constitution under which the power is now
claimed. The section clothing the President
with authority in certain contingencies they
quote as follows: ~
s.The United Suites shall guarantee to
every State in this Union republican form
OF government, and shall protect each Cf
them against invasion, and on application of
the Legislature OF Of the Executive (when
the Legislature cannot be convened) against
domestic violence 5<s i
Upon this they say:
I g The contingency contemplated in this
section and in the acts OF Congress passed
in pursuance Of 1t Is sufficiently we'll de-
fined. Domestic violence or insurrec-
ton, does not mean such lawlessness and
anarchy as have prevailed in the mining re-
gions OF this State, or as are said to exist in
several counties of the State Of South Caro-
lima. but such, organized resistance to law
ful authority as endangers the State itself
and threatens the stability OF its govern
ment AS was declared in the Federal
Convention when this section was under
advisement, its object 'was merely to Sc
cure the State against dangerous commo-
tons, instructions, and revolutions !" and
in the act OF 1895 it was defined as an in
sulrection in any State against the govern
ment thereof" 5. i
They cite the language Of the proclama-
ton to show that no such condition OF az
tify Federal interference-tha the dis.
turbances and outbreaks complained of by
Governor Chamberlain, even assuming that
they have occurred, do not constitute do
nestle violence within the meaning of the
Constitution, because the crimes charged
are against individuals and not against the
State, and the interposition of Federal au-
thority being only justified when the State
Government is itself imperilled. 1t is only
when an attempt is made to subvert the
government OF State by instruction or
domestic violence which the State authori-
ties find themselves unable to suppress that
a call upon the President for Federal troops
comes within the scope OF the provision en-
bodied in the Constitution to meet that
emergency. They point out the danger to
the republic il the act OF the President in
the present instance should be permitted to
pass without censure, and they say in clos
ing: .es.ss.
Our institutions are not likely to be en-
daDgered or overthrown by individual acts
OF violence and outrage, however numer-
Gus and however worthy Of reprobation,
but they may be undermined and finally
DESTROYED, as others haye been before them,
by allowing violations of the law on the
part of those in power TO pass unnoticed
until they have accumulated into body OF
precedents, to be invoked as q warrant for
new and further encroachments. In order,
therefore, that the action OF the President
in the present ease may not be hereafter
cited as authority upon the ground that it
was sustained and approved at the time by
public and professional opinion we have
deemed 1t our duty to make this public pro-
test against it, and we do hereby solemnly
declare that ip our judgment as lawyers his
proclamation and orders are in tlagrant vio-
lation Of the letter and spirit of the Consti-
tuition and laws of the United States"