Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-04-13


LEY, JoHN NJ HARLAN, JoHS G. BROwN, and
WAYNE MAoVEIaH, Commissioners:
GENTLRMEN-I am instructed by the Pres
ident to lay before you some observations
upon the occasion and objects which have
led him to invite you, as members of the
commission about to visit the State OF Louis
lana, to undertake this public service. Upon
assuming his office, the President finds the
situation Of affairs in Louisiana such as to
Justly demand his prompt and solicitous at
tcntion, for the situation presents, as one OF
its features, the apparent intervention of
the military power OF the United States in
domestic controversies which undoubtedly
divide opinions and disturb the harmony of
the people of that State. This Intervention,
arising during the term and by authority of
his predecessor, throws no present duty
upon the President except to examine and
determine the real extent, form, and effect
to which such Intervention actually exists,
and decide as to the time, manner aud con-
ditlons which should be observed in putting
an end to it.
It is in aid of his intelligent and prompt
discharge of this duty that the President has
sought the service of this commission, TO
supply, by means ofits examination conduct
cd in the State of Louisiana, some informa-
zion that may be pertinent to the circum-
specton and security of any measures he
may resolve upon. II will be readily under
stood that the service desired of and intrust-
cd to this commission does not include any
examination into or report uDon the facts of
the recent State election. or Of the canvass OF
votes cast at that election. 30 far as atten-
tion to that subject may be necessary the
President cannot but feel that the reports Of
committees of the two houses of Congress
and other public information at hand will
dispense with and should preclude any origi-
nal exploration by the commission Of that
field of inquiry. But it is most pertinent
and important, in coming to adecision upon
the precise question of executive duty be-
fore him, that the President should know
what are the real impediments to regularleg
and peaceful proceedings under the laws and
Constitution of the State of Louisiana, By
which the anomalies of the Government
there presented may be put in course of set
tlement without involving the element Of
military power as either an agent or a make
weight in such solution.
The successful ascertainment of these i'm
pediments the President would confidently
expect would indicate to the people of that
State the wisdom and mode of their removal.
The unusual circumstances which attended
and followed the State election and canvass,
from its relation to the excited feelings and
interests of the Presidential election, may
have retarded, in the State of Louisiana,
the persuasive influences by which great so.
cial and material interests common to the
whole people of State, and the pride of Amer
ican character as a law-abiding nation, anne
liorate the disappointments and dissolve the
contests; but the President both hopes and
believes that the great body of the people of
Louisiana are now prepared to treat the un-
settled results of their State election with
calm and conciliatory spirit. IL it be too
much to expect a complete concurrence in
single government for that State, at least the
President may anticipate submission to the
peaceful resources of the laws and COnstitu-
tion of the State of all their dissensions, at
once relieving themselves from reprOach,
and their fellow-citizens of the United States
from the anxietIes which must ever attend
prolonged dispute as to the title and admin
istration of the government Of one Of the
States of the Union.
The President therefore desires that you
should devote your first and principal atten-
ton to a removal of the obstacles to an
acknowledgment of one government for
the purpose of an exercise of authority
within the State, and representation of the
State in its relations to the General Govern.
ment under Sec. 4, Art. 4, of the Consttu-
tion of the United States, leaving, If neces-
sary, to judicial or other constitutional ar
bitrament within the State the question Of
ultimate right. II these obstacles should
prove insuperable, from whatever reason,
and the hope of a single government in all
its departments be disappointed, it should
be your next endeavor to accomplish the
recognition of single Legislature as the de-
positOry of the representative will of the
rescued from dispute, the rest of the problem
could gradually he worked out by the preva-
| lent authority which the legislative power,
when undisputed, is quite competent to ex-
ert in composing conflicts in coordinate
branches of the Government.
An attentive consideration OF the provision
under which the Federal Constitution and
acts Of Congress provide or permit military
intervention by the President in the protection
| of the State against domestic violence, has
satisfied the President that the use of this
authority in determining or influencing dis
putcd elections in State is most carefully
| to be avoided. Undoubtedly, as was held by
| the Supreme Court in the case of Luther Us
Borden, the appeal from State may involve
such an inquiry as to the lawfulness of the
authority which invokes the intervention OF
the President in supposed pursuance OF
the Constitution; but it is equally true that
neither the constitutional provision nor acts
OF Congress were framed with any such de-
| sign. Both obviously treated a case of do.
mestc violence in a State as an outbreak
against the law aud authority of the estab
lished Government which the State was un.
able to suppress by its own strength; case
wherein every department Of State Govern.
ment has a disputed representation, and the
State therefore furnishes to the Federal Gov
ernment no internal political recognition
upon which the Federal Executive can RELY
will present case of 80 much difficulty thai
|
Louisiana that it should be avoided.
single Legislature would greatly relieve this
difficulty, for that department of the StatI
Government is named by the Constitution al
the necessary applicant, when it can be con
vened, for military intervention by tn,
United States. II, therefore, the disDutin;
interests can concur In or be reduced to
single Legislature for the State of LOuisian,
1t would be great step in composing thi
unhappy strife.
The President leaves entirely to the com
mission the conciliatory influences which il
their Judgment, formed ON the spot, ma,
seem to them to conduce to the propose,
end. His own determination that only pub
lie considerations should inspire and attenC
this effort to give ascendencyin Louisiana t,
the things that belong to peace is evinced b,
his selection Of the commissioners, who of
fer to the country in their own character ever
guarantee of public motives and methods il
the transaction which they have undertaken
Your report of the result OF this endeavo
will satisfy the President, he does no
doubt, of the wisdom Of his selection AM
his plenary trust in the commission.
The second and less important subject o
attention during your visit 10 New Orlean
will be the collection of accurate and trust
worthy information from public officers an
prominent citizens of all political cOnneC
tions as To the state Of public feeling in tn
community at large upou the general quei
else in the State Of Louisiana of all legal an
political privileges conferred by the Const
tuition of the United States upon all citzen
e The maintenance and protection of thes
/. rights and privileges by all constitutions
means, aud by every Just, moral and sOci
, influence, are the settled purpose of Ii
4 President in his administration of the Go
0 enment. He will hope to learn from you
Investigations that this purpose will be aide
and not resisted, by the substantial and c
u fective public opinion of the great body OF u
d people Of Louisiana.
The President does not wish TO impose an
}. limit upon your stay in Louisiana that woul
: tend to defeat the full objects of your visi
:" He is, however, extremely desirOus to fin
a II in his power at the earliest day compatib
e with safe exercise Of that authority to pl
= an end to an appearance of military interve
- ton In domestic affairs in Louisiana, and
awaits your return with the confident hOl
that your report will enable him prompt
/ to execute purpose he has so much
heart.
The President desires me to add that Il
/. publication of the results OF your visit
= shall hope to make Immediately after the