The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-10-20
RULING BY TIE BAY0NET.
Misuse or POUER THiT NAY VEIL
ALARM Am dMLRIClNS.
The True Meaning Of the Term " Domcstic
Violence" Election Keturn-to he Made to
suit the Washington Rings Purposes.

views Of that distinguished lawyer regarding
Grants proclamation OF martial law in South
Carolina. The reporter said Mr.. Curtis have
called on YOU by direction Of the editor Of 7 HE
SrN, to ask for your views concerning the net Of
the President In concentrating the army ~ the
United states In South Carolina to act In this
election. 1 am directed to show YOU copy of
the Presidents proclaim alton, and to ask your
opinion in regard to It,
Mr.. Curtis-It Ia pretty difhcult to say from
this proclamation that the President Ia acting
lawfully. 1t Is very mixed kind OF document,
and is characterized by that ooseness and in
exac'ncss which mark all Official papers drawn
or supposed to be drawn by the present Attor-
ney. General.
II is very easy to state the law under which
the President In authorized to employ the mill
tia or land or naval forces of the United states
In suppressinR an insutrection against a state.
The law which authorizes this, and which has
been In existence since 1895. is founded on that
provision Of the Constitution which declares
that the United States, on application Of the
Legislature OF a State. OF OF the Executive, when
the Legislature cannot he convened shall pro-
tect the tate against domestic violence. This
law is reenacted In section 52e5 u the Revised
sta utes The domestic violence" of the Con-
stitutiOn does not mean the violence OF ind-
viduals against other individuals, or ordinary
crimes against the son, however frequent or
hagr ant. bat II means the same tnInE "a Iuaur-
r"rtiOn against tile Government OF n state, that
u To slv. AN attempt nv violence to overthrow
the Government Of state, or To substitute some
Other authority IN It's place.
The law Of 1875 so intergrcts the mir Sc ." do
NEST VIOLENCE" aud " confines the intorfer-
eucc OF the President TO n case OF insurr, elton
IN any state against the Government thereof.
Tue supreme Court OF the United Siues,
nearly thirty wears ago defined domestic VtO-
lence" to be insure ction against the lawful
Government Of state.
THE FACTS IN THE CASE.
The only facts recited In the Presidents
anu domestic viplehcs exist In several cuun-
ties e the state u South Carolina are "tnat
ccrt"in combinations Of men against law exist
IN many counties Of said State, known NJ rifle
CLUBS. who ride up and down by day ana uignt.
IN arms. murdering some peacrabie citizens and
illuminating others, ~hich con. binatons,
thou1h furyidden by tue Laws ot the state. can
not be controlied or suppressed by the ordinary
Il hts Is all true II does not constitute. and
cannot constitute IA case Of " domestic vio-
leuce." or insugTeotlon against the Government
/ OF tue state, unless md until ,he ann Of ths
persons "hl are thHs commlttus crimes AGAINST
tAc laws amounts to AN attemut to stIuvpft tie
Government Of the STATE. II the ilwiess cts OF
individull- alatnst OtNer lndtvi luul-, the com
mission # murders by some tetsun- and the
/ intimidation ~ Others cons itute Gaze OF
" dpmes lie violence WITHIN the m tauing ~ the
Cunstii .uun, rv,ry state Ia the rniOn would
. hf hhnlc q nave niut ~ force sent within
/ b ri r. the suppression Il crime. tee us,
there " no state IN the Inion ~ ~hich crimes
&
III Tue Netr' ma there Is n. ate ~ Tue mon
IN which such crimes are cfectuaIly ard eutitc-
l. control ed or suppu ssei ny the urItn ~
course Of Justice. The sole e Sc that authorizes
the Pr hident, under .rticie 4, section Il the
Constructor, and the law enacted IA pursua4c.
thereof, To interfere IN state ~ the usc OF
military force. Is when the Legislature or the
t."Netnor u state ~ officially informed tue
President that there Is an innufrectiOn In the
stale against lie Government. Judging o.
what Is publicly known u the state Of thln-s
ia eodth Carolina TO-DAY. thurc can be no pre-
tsnt To say that any BODY OF in that state
Is a'mn- 70 overthrow It's Government ny
ENGAGE 10 an excited political contest One
portion Of them In endeavoring to reform tue
Government OF tue , ate by The election OF
candidates, who ARE opposed Dy another portion
81 tue peopls VINO DESIRE the election Of another
set Of candidates. IL individuals Of these con-
tending parties pc petrae cfiues Of violencc
against each other, no aniolni OF sucn crimes,
uulesH they take the ~ I. - an attempt - de-
aud To supefsedu II " some other authority ~
a revolu. ion'rv character, can amount TO "A
case 81 1. nestle violence contemplated oy tue
GRANTS BLuSpERs.
Now this proclamation Of the President mixes
w Two thiuxs namely: Protection 81 the state
against domestic VIOLENCE and protection 81 the
| ctz.ns Of the state a ainst domestic violence.
The former IL wlthln the constitutional province
OF the President II the Government Of the state
Ia exposed to AN iusufrection which threatens
| its overthrow; cut the Latter 1, not within the
| Presidents province under any circ Iulstances.
| Ine proclamation recites That the Exec tive
! OF me state, unoer section I. Article 4,
Of the Constitution, and the Laws PISSED
la pursuance thereof. has made due application
10 the President Tor such part Of tue military
! force of tue United states may be Necessary
aud adequate to project said state aud tue cid
zens thereof against domes lie violence. ani To
en- orce tue uue execution OF the Jaw TINS
! includes bpti what i aud what j. not WITHIN
! tue constitutional province of the President. IL
| includes case OF domestic Holrnce against the
! state, although the proclamation nowhere re-
cites tina the Government VI the state Is threat
ened with az, domestic violence; and II also IN
GUIDES protection OF the citizcns OF the state
i a. inst dome sue NlDlencr. tnNS USING the
DIR se. "d1na sic Violence Ia two aeusrs, one
Of winch ~ within and the Other without tue
nIeaLlug OF the Constitution.
Ihe President h : no authority TO protect
ctizens OF tue state against violence ~ the
ex cutoi Of the laws OF the state. All he ,an
! do under any clrcum,t noes ~ wnen there II
! insuIIectiuu wnicn tureate To overthrow thc
/ Government oi the state 10 protect the STATE
from such Instruction, Ind To aid ia supufessiug
II. cannot see thal tny p.oe'aIle'lon In"hes
| out any case which call Tor or jlslhes the
sending Ot United states troops into SOulh
rollni, even sus posing II to be rue hat there
1 are per-onS there who are committing crimes
| wuich the STATE Government does not prevent.
me Admin ,tr,ton mas not published any
OIL il r. pre- eutation Uy Goy. IA .inOerain that
MS Government Is in Danger OF being over
thrown ia cOnse queuce II the existence Of an
insurrec ION, ana tue facts recteu IN the Pres'-
! dents uroeliuutiOu, wheth r derived from GOV.
! thauhcri IN or from some other source, or ue-
! rived from the i,uagluation or invention of any
BODY. { rtaiuly do not constitute case Of do
mestc vol nee Mitnln tne meaning Of The Con
| stituu u.
| THL OBJECT OF THE PROCLAMATION.
| Q.-iow do you suppose such PROCLAMATION
came to be issuedr
| A.-ApuaIeutly. II has been supposed that the
country al la 9s will way very little attention to
| tue legal distinctions wnlcn belong 10 tins sub
Ject. ami tnat any recitals which use the phrases
employed by the Constitution aud the Laws wlli
| be passed unnotIced. although those phrases
are applied la senses aud to state Of alleged
| circumstances too loose and lndeterminate to
be made tue basis Of proper Official ana cOnst-
tutional action.
1t must DO remembered that member OF this
| Administration, the secretary OF the Interior, is
| acting us tue Chairman OF "A HeDubllCan party
! committee, and that the whole Aomtnisti alton
| Ii arn.sty bent upon securing tue election Of
Ar. Hayes President. hesH Two facts put
together, taken IN connection with tue loose
| and inexact language ~ this proclamation, aie
| entirety sufficient to account Tor H.. when tue
| whole OF the available army Of the uniled States
| has been poured Into South Carolina upon the
theory ana pretence OF protecting the citlzens
Of the State az inst each other, II Will he per
fectly easv mater for those VINO ulrect this pro-
! ceeulug rom arlington 10 cause any returns
| OF the election to be MADE that they may choose
| to provide for.
ii " far the public opinion OF the North will
| sanction or tolerate the conduct OF tue Admin
| istTation la THIS unlawful act Is more than can
| tell, snoull suppose That Mi. HAYES would
| TO very unwilling 10 owe his election u sucn
means but whether he is or Is not will
ing 10 nave u understood that he claims or
wishes to profit by such AID, | look with anxiety
alalH ll4la alsTI "a IA