, 1876-12-23
Illegal Employment of Troops in the



southern States.
We do not accuse President Grant OF a deliberate
intention to violate the law He appears TO have no
exact knowledge OF what the law cases where the
federal executive is called NJ on suppress domestic
violence in a State The constitution requires that
" lie shall take care that the law be faithfully exe,u
ted" That President Grant has wiliu!y disobeyed
this Injunction Is reflection on his character which
should hesitate make But the law Is, never
theless, the law. His ignorance or mis2onoeption
cannot change It. Without mpunsing bis intentions
think it necessary TO show him and his bad adylS-
ers eutely he has deyiatei fron the rules which
the law prescrbes for his guidance when be IS asked
to protect State against domestic violence
We cited yesterday some imperative provisions of
the statutes which he has dsregarded. We wish now
10 recall a conspicuous instance Of an authoritative
Official interpret ation OF the same statutes by
former administration The Dorr rebellion in lhode
Island was the first anl until since the civ war, the
only instance in history OF an appcatlon to the
President by State government for protection
against domestic violence. At the time Daniel Web
ster held the chief place in the cabinet. Mr.. Web
sters supremacy as constitutional lawyer, his resi-
dence in an adj .ining State, his personal aoquain-
tance with the Rloie Island officials and his deep in
terest in the question, led President Tyler TO accept
his advice al the poits Of law, and all the points
of prudence and discretion which arose on that ex
citing OozsiOn- The letters and documents s'5ned
by The President in connection with that affair were
the composite Of his Secretary of State They are
valuable now showing the view Of executive duty
formed after Deliberate examination by the great
Statesman and lawyer, whose chief title 10 preeIn-
Renee WIS - the sxpOunder OF the constitution"
Governor King OF Rhode Island became alarmed at
the formidable dimensions Of the Dorr movement,
and applied to the President for all. Instead OF
granting the request and sending soldiers at once. as
President Grant mas done in recent cases, President
Tyler sent u letter drafted by Mr.. Webster 70 Gov
King, stating the law that subject and showing
that the President had authority 20 interposa at
SO early a stage of difficulty. The letter began by
copying at lsns the UnItl States statutes bearing
on the subject, and proceeded as follows -" By
careful consideration Of the above rGeed acts OF Con
gress your ExceiIeuey VIII not fail to see that no
power il vested in the lxcutve of the United States
to anticipate nSurrectOnary movements against the
government Of Rhode Island, 80 to sanction the
iaterposltor of tie military authority, but there
must he u actual instruction, manifested by law
.
proclamation may be addressed, ard who may be re-
quirei to betake themselves to their respective
abode"
( Would that the same caut;oa AMI wisdom, the
sane careful obelience 10 law hal been exhibited 10y
[ President Grant! There was another sentence IN
that letter which Is worth quoting. The President
EXPRESSED 4 reluctance to NEEDLE in local dispute
US to what is the real government ri State, and pro
Ce,Iel 10 say TO throw the executive Powero this
government into any such controversy would te 10
make the President the armed arbitrator between the
people of the different States and tier constituted
auihosilies, ard might lel 10 u usurpei power dan
/ ge:,us alike 10 the stabilities Of the people"
/ II,.yip; failed in lis own application for immediate
help, Governor King called the legislature Of Ehole
Island together IL special session IN orer that they
might ask military and OF the President. The Lesis-
latuIe placed It's application on the ground that -
. strong military force was called out AMI did array
themselves to protect the SAID unlawful org'aizl-
ton" Bat the P.esident, still acting under Mr..
Webster's advise deferred action even then, hoping
that the dispute e peacefully settled Au0ther
letter was sent to Governor hing, in which the Pres
ileDt sal Il have with difficulty brought myselfat
any time to Jeieys- = - -gyrpcy woul5 T''-a
7i.-j a.. uHa.lsl D.a.r af .l-s --f.t e, .--- b"
ts7,aai 81 rs ltT-:s'I ---suasle5 .is- r
Isleg IS liI e-tss5t tempo. ~ ea-.-t-sr. ..
1r... .1.a...v aUg T.,-5 a 90 Wen.sh President ..-.
ff. ..-a s.-- r-l.-e. sr --,-- s-ss.I.ar .'-. g.
..-.- ..srs' .li..ia r-3 o. 4 - .-lu l- lu H.
l.- G--ire So -.al,ss.z- tAs point so ls
m#'. iy Hir. Webster .Gl 1Ir. T ylar raa. ti.
-aa- Ha- E1 .1flar-y %. Interfere .at .u aH '.,is.
irSuriecllon against tine rlste government aul
that then he not employ nj ItEy iurca I'M
til ne las fist issued PROCLAMATION commanding
TIE Insurgents 10 dspeIs and giving them re-zCn-
able tame 70 depart Jo their homes.
Is iart Cf tie law Is founded reason ana Gu-
mInty Even IN Eu-'alG II = uece>sGJy tn Rad tie"
riot act before .Ae tro,,s groa tie no5 ard
this rule las veT been dis'e,sJT,.,i, even IL the
h-Flr OF the t.ti 'Sr:.egne;its- L - t=ir 10 give
misguided sniiv.du Is opportunity 20 reject snI
ret eat b--p.C shooting them down. II mrIIrUIi-
ca government : tiuS .onIeT O the lives Ut It's sgi
J'Cts republican government should prIgtlse hU- :
ul4Ety toward ITS own cirlZ-iIS Eut II lie PTe,-
dent is deaf 10 She vuIgr az humanity We cOniIoat
him w!t. The law wE.rh he las sworn 70 obey. he
law explicitly coun-u lara % i>--e PROCLAMATION
before Usin- troops against ctizsls, aui lie bound
to keep his Olth.-N \. HsTaid.