The daily gazette., 1876-10-21
Grants Drunken Order.


The Associated Press agent in Washing
ton declares that ''eyery department Of
the Government was represented" in the
Cabinet consultation which decided to
issue the executive proclamation and
army orders respectingthe South Carolina
election, and that Attorney General Taft
prepared the proclamation. By whom
was every department represented? No
torously not all the Cabinet were in
Wash-n1 ION, for the proclamation was
connteE,isaed by Mr.. Cadwallader, and
not by Secretary Fish. 1t Is the proclama-
tion another "aU of vs" document?
II TIE documents was really prepared
by Taft, it is significant that in it he has
abandoned the theories of law which, it
was claimed, upheld the Cameron orders
o. lasS summer. Then we were told that
the amendments ofthe Constitution, since
the rebellion, authorized the use of bayo-
nets inside state to regulate elections,
but the administration puts its recent order
solely and exclusively on the Constitu-
tion ''as II was In the fou' III a. ticle of
the fourth section, VIII declares that
''the United States "shall . . protect
each OF them Z" . on application of
the Legislature, or of the Executive
(when the Legislature cannoS be con-
YIN ced) against ''domestic violence" The
President asserts that Governor Chamber
lain made application" to him under that
clau Sc of the old Constitution.
This clause, it will be seen, simply de-
clares that the United States shall protect
each State against domestic violence, leav-
ing to Cong.ess the enactment of laws TO
execute the guarantee This execution
CONGRESS did in 1796 by conferring on the
President powers to call out the militia OF
"any Other State or States, "and in 1907 by
adding authority to call the army or navy.
But only ''in case of ''an insuriection in
| any State against the ''gouernme:lt there
| Of" Or of opposition to the laws of the U.
S. And the law of 1798 required him to
first command such insurgents to dis
perse and retire peaceably to their re-
spective abOdes within reasonable time. "
This is all that either the law of 1796 or
section $500 of the Revised Statutes
authorizes him to do, but he has gone be.
yond this limit and commanded all per
sons to thereafter abandon said combina-
tions and submit themselves to the laws
and constituted authorities of said State. I"
This may be proper command in a
moral sense, but in legal sense he has
no more right to issue it than to requir
them to stand on their heads.
Attorney General Taft, in this proclama-
\ tion, makes no allusion to section $3.50
of the Revised Statutes, which in the
enforcement law of 1871, or to the negro
amendments. He backs out entirely and
totally from his first opinion given to the
President, and adopts the soundness OF
the criticism of the World thereon.
Now neither the laws Of 1796, nor O
1907, nor section 5,297 of the statutes
codifying them, say word about domes
tic violence, but only specify insurr-ctior
against a State government. Nor doe!
either say word about the President.
power ''to enforce the due execution o.
the laws" of a State. They only empower
him to aid the State ''to suppress" an
actual ''insuTec.ion" against it. tits only
actual "irsurgents" he can command tC
''disperse" and to ''retire peacefully" from
an actual insurrection,
| What and where is the "insu"rection"
against the "S.ate" of South Carolina;
This is the way Grant describes it.
Certain combinations of men against
law exist in many counties OF said State
known 20 rife clubs, who ride u an6
down day ard night in arms, mur..erin9
some peaceab'e citizens and intimidatiIl
others, which combinations, though for
hidden by the laws of the State, cannot
be controlled or suppressed by the ord :
merry course Of Justice"
Is that ''insur,ection," or is it violation
of criminal statues? Can there be insur
rection against State by such lawless-
ness unless the officers of the law are re
sisted by force which the Estate" canno
overcome? Is every combination o
thieves, tramps or house-breakers in thi.
city an ''insrrrection" against New York.
Are the ''Molley Maguires" in insurrectioI
against the State of Pennsylvania.
Attorney General Taft has been driver
from his first position, but his latest is, il
lpossible,more disgraceful than his earlies
attempt to coerce by bayonets the elec
tion of Hayes.
That there are disorder and domestic
violence in South Carolina every one
sees but it has not risen to the proper
tions of ''insurection )" and:if Chamber.
lain says it has, he knows that he lies. The
condition of things in that unhappy STATE
| is purely local under our system of dua
governments and the President has NJ
more RIGHT to meddle with it than will
tramps in New York who murder ant
rob and burn, or 'sMolley Maguires" il
Inon Garnarnn,c ou,r cnynpnnpxuao1tb M