The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-12-08
FromkAs NsU York Esrul6.
President Grants Interference IN
South Carolina.

SUUbH @6GO&kA8s
Notwithstanding the preside nt's dis
Chalmers of any purpose to interfere with
the legislature of South Carolina, and his
denials that he has done SO, his conduct
remains open to censure. Ii is no secret
that there was difference of opinion in
the cabinet, and that the point in dispute
related to the action of the troops at Co
lumbia last Tuesday aud the three follow
ing days.
It is assumed by the president and his
apologists that his right to intervene to
keep the local peace is unquestionable.
This is fundamental error. 1t is no
part of the business of the federal govern
ment to do police duty in the states. This
function belongs to the state governments.
It is only when their power has been ex-
erted and has failed that the federal au-
thority can interpose. and then only in
manner which is strictly marked out by
law Any interference to maintain the
local peace in state is illegal and unwar-
ranted until all the conditions prescribed
by the federal statutes shall have been
complied with, The law does not permit
the president to give military assistance
in every case 10 which state governor
may apply to him, but only in case of an
instruction in any state against the gov
eminent thereof" Asyet there is no in
surrection in the state of South Carolina
against the government thereof There
is, in fact, no instruction at all nor any
likelihood of one, and mere scufie or
broil between two political parties in the
streets of Columbia, or even in the state
house. would not be an insurrection against
} the government" of the state. A thous-
and applications from Chamberlain would
not warrant federal interference without
actual domestic violence directed against
the state government. The presi-
dent is not bound to do the
! mere bidding8of state governor.
Even in an actual instruction
against government of state he is not
: permitted to employ military force until he
shall have issued proclamation calling on
the insurgents to dispense. The language
of the statute is explicit on this point
Whenever, in the judgement of the
| president, it becomes necessary to use the
military forces under this title, the presi-
dent shall forthwith, by proclamation, COM
mand the insurgents to dispense and re-
tire peaceaply to their respective abodes,
within limited time," revised statutes
section 5,300) This section sets the
presidents duty in clear light. Before
he can employ military force there must
be body of assembled insurgents resist
ing the state government. 1t would be
absurd for him to command them to dis
; perse and retire peaceably to their homes
if no such body had assembled. President
, Grant has issued no such proclamation In
this South Carolina case. 1t would be
ridiculous, under the circumstances, for
there is no mob of insurgents to whom it
could be addressed. 1t seems to be his
= intention to employ the troops at once the
moment there is a disturbance, without a
proclamation and without fixing a time
within which the insurgents are required
} to dispense. But if he employs troops
without these prelimlnaries his action will
be plainly illegal. He ought long ago to
have instructed General Ruger that he must
not direct bayonet against any citizen of
South Carolina until after a proclamation
by the president, giving the massed in
surgents limited time to dispense and
retire peaceably to their abodes."
The president seems to have mistaken
impression that he can use federal soldiers
| to perform police duty in state whenever
its governor requests 1t. The supreme
court of the United States has declared
that he possesses no such power, and that
its exercise would be repugnant to the
, constitution In the case of the United
States VS.. Cruikshank, decided in October,
1875, Chief Justice Waite said, in deliver.
ing the judgment of the court. The
) charge as made is really of nothing more
e than a conspiracy to commit a breach Of
I the peace within state. Certainly it will
not be claimed that the United States have
. the power or are required to do mere
police duty in the states" But President
s Grant assumes that he has a right to dc
r what the supreme court considers 80 alb
surd He seems to think that the doine
of mere police duty in the states is one
of the regular functions of the fedora
army, in spite of solemn decision of the
supreme court that it is violation of the
S constitution to employ then for that pur
: pose. The peace of the:states is to be pre-.
< served by their own militia until that
: proves insufficient, and then, as last
e resort. the president can be applied to fol
r aid. But what the constitution makes The
g last step in the procedure the president has
heretofore seemed to regard as the first.