The New York herald., 1876-12-06


regarded as Governor of the State. Still it
is to be hoped that the unsatisfactory work
Of the Returning Board may be susceptible
OF some revision.
Illegal Employment OF Troops I'm
tho Southern States.
We do not accuse President Grant of o
deliberate intention to Violate the law. He
appears to have no exact knowledge of what
the law is in cases where the federal Ex-
ecutive is called upon to suppress domestic
violence in a State. The constitution re-
quires that ''he shall take care that the laws
be faithfully executed" That President
Grant has wilfully disobeyed this injunc-
tion 10 reflection on his character which
we should hesitate to make. But the law
is, nevertheless, the law. His ignorance or
misconception cannot change it, Without
| impugning his intentions we think it neces-
sary to show him and his bad advisers how
entirely he has deviated from the rules
which the law prescribes for his guidance
when he is asked to protect State against
| domestic violence.
| We cited yesterday some imperative pro-
visions of the statutes which he has disrc-
garded We wish now to recall conspicu-
Gus instance of an authoritative official
Interpretation of the same statutes by
former administration. The Dorr rebellion
in Rhode Island was the first and, until
since the civil war. the only instance in our
history of an application to the President
by State government for protection against
domestic violence. At that time Daniel
Webster held the chief place in the Cabinet.
Mr. Webster's supremacy as a constitutional
lawyer, his residence III an adjoining State,
his personal acquaintance with the Rhode
Island officials and his deep interest in the
question, led President Tyler to accept his
advice on oil the points of law, and NIL the
points of prudence and discretion which
arose on that exciting occasion. The letters
and documents signed by the President in
connection with that affair were the compo-
sition of his Secretary of State. They are
valuable now as showing the view Of Execu-
tive duty formed after deliberate examina-
tion by the great statesman and lawyer,
whose chief title to pre-eminence was ''the
expounder Of the constitution"
Governor King of Rhode Island became
alarmed at the formidable dimensions of the
Dorr movement, and applied to the Presi-
dent for aid. Instead of granting the re-
quest and sending soldiers at once, as Presi-
dent Grant has done in recent cases, Presi-
dent Tyler sent letter drafted by Mr.
Webster) to Governor King, stating the law
on that subject and showing that the Presi-
dent had no authority to interpose at SO
early stage of the difficulty. The letter
began by copying at length the United
States statutes bearing on the subject, and
proceeded as follows :-''By a careful con-
sideration of the above recited acts of Con-
gress Your Exccllency will not fail to see
that no power is vested in the Executive of
the United States to anticipate insurrection-
ary movements against the government of
! Rhode Island, SO as to sanction the
interposition of the military author
| ity, but that there must be an actual
insurrection, manifested by lawless as
sembages of people or otherwise,
to whom proclamation may be addressed,
and who may be required 10 betake them
selves to their respective abodes." Would
that the same caution and wisdom, the same
careful obedience to law, had been exhibited
by President Grant! There was another SEN
tence in that letter which is worth quoting
The President expressed a reluctance to
meddle in local dispute as to what is the
real government of a State, and proceeded
to say, ''To throw the executive power of
this government into any such controversy
would be to make the President the armed
arbitrator between the people of the differ
ent States and their constituted authorities
and might lead to usurped power, dan
gerous alike to the stability of the State
governments and the liberties of the people"
Having failed in his own application for
immediate help Governor King called the
| Legislature of Rhode Island together in
special session IN order that they might ask
military aid of the President. The Legisa-
ture placed its application on the ground
that "a strong military force was called
out and did array themselves to protect
the said unlawful organization" But the
President, still acting under Mr. Webster's
advice, deferred action even then, hoping
that the dispute might be peacefully settled
| Another letter was sent to Governor King
| in which the President said, II have with
difficulty brought myself at any time to be-
lievo that an exigency would arise which the
unaided power of the State could not meet,
especially as / have felt persuaded that Your
Excellency would exhibit temper of con-
ciliaton as we'll as of energy and decision"
We wish President Grant had bocn wise
enough to give similar hint TO Governor
Chamberlain and to put him off in the same
way.
We desire to emphasize the point SO dis
tinctly made by Mr.. Webster and Mr.. Tyler