New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-18
REPRESENTATIVE INSTRUCTIONS AND
EXECUTIVE OBEDIENCE.

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debt Grant is responsible. 1t is impossi-
bic to demonstrate that he has exceeded
the duty which the Democratic Congress
has imposed upon him. Let us see what
Congress commands:
/. There is the specification article
fifteen of the constitution
SECTION l. The right Of citizens OF the
United States to vote shall not be de-
nied or abridged by the United States or by
any State on account of race, color or'pre-
viOus condition of servitude.
1t is affirmed that the right Of suffrage
is subject to this article. And
SEC 2. The Congress shall have power to
enforce this article by appropriate legisla-
ton.
2. 1t is next said
And whereas, The exercise Of the right
of suffrage so prescribed and regulated
should be faithfully maintained and OBJ
served by the United States and the several
States and the citizens thereof.
But since
1t is asserted that the exercise of the right
of suffrage is in some of the States, not
6OV~A
to the contrary, resisted and controlled by
fraud, intimidation and violence. so that in
such cases the object of the amendment Is
defeated.
The resolutions repeat that
Whereas, All citizens, without distinction
of race or class. or color, are entitled to the
protection conferred by such article.
And deduce from these premises the
resolution
That all attempts by force, fraud, terror,
intimidation, or otherwise to prevent the
free exercise of the right of suffrage in any
State should meet with certain, cOndign
aud effectual punishment, and that in any
case which has heretofore occurred, or that
may hereafter occur, in which violence
or murder has been or shall be committed
by one race or class upon the other, tie
prompt prosecution and punishment OF the
criminal or criminals in any court having
jurisdiction is imperatively demanded,
whether the crime be one punishable by
fine or imprisonment, or one demanding the
penalty Of death.
1t is to be observed Of this preamble
that it-does not affirm or admit that the
fifteenth article has been violated. It
acknowledges the validity and obligation
of this article and says that in case any
violation thereof should be perpetrated
anywhere within the Union, that the
penalties already imposed by law shall be
enforced. Congress then orders the
executive to see that these penalties shall
be enforced and executed in any case in
which the law in such case made and
provided shall be or shall have been
violated. Let US then see in what the
President departs from the instructions
either in letter or spirit:
l. He directs the commander Of the
Federal forces
To hold all the available force under your
command, not engaged in subduing the
savages on the Western frontier, in readi-
ness to be used upon the call or requisitiOn
of the proper legal authorities, for protect
ing all citizens without distinction OF race,
color or political opinion, in the exercise OF
the right to vote, as guaranteed by the fit
tenth amendment.
The nation is engaged in a quasi for
eign war, waged by order of Congress.
The liberal grant of soldiers, which Con-
gress has dedicated to this purpose, will
be applied first and exclusively to the
prosecution Of this war. Then, "upon
call or requisition Of the proper legal
authorities" the military commander is to
protect
All citizens, without distinction of race,
color or political opinion, in the exercise of
the right to vote, as guaranteed by the
fifteenth amendment.
The text of instruction, it will be seen,
says that
All citizens, without distinction of race or
class, or color, are entitled to the prOtec.
ton conferred by such article fifteen.
2. The instruction that
All attempts by force, fraud, terror, in.
timidation or otherwise, to prevent the free
exercise of suffrage in any State. should
meet with certain. condign and efectual
punishment.
The executive order requires the COM
mandant-
To assist in the enforcement of certain.
condigl and efectual punishment upon all
terror, intimidation or otherwise to prevent
the free exercise of the right Of suffrage, as
provided by the laws of the United States.
There is, perh APPS, limitation of the
order to "the right of suffrage as pro-
vided by the laws of the United States"
while the resolutions guarantee 'the free
exercise of suffrage in any State
We suppose that in this exact compli-
ance with the instructions Of Congress no
one will except to the direction that the
commandant shall
Have such force 80 distributed and sta
toned as to be able to render prompt as
sstance in the enforcement Of the law.
Or that
Such additional orders as may be neces-
sary to carry out the purpose Of these in
structiODs will be given from time to time,
after consultation with the law officers of
the government.
The Picayane ascribes to the President
the phrase certain, condign and effective
punishment" referred to in the executive
order. We have shown that these are the
words of the Democratic instructions.
The Times says the President has fairly
shown his hand. "The hand is the hand
of Esau, but the voice is the voice of
Jacob" "The elections are to be carried
by force" Then it is force ordered by
the Democratic Congress
Now, as the Picayune complains that
the 'scertain, condign and effectual pun
ishment" ordered by Congress is ''some-