The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-02-01

RESOLUTION OF THE HOUSE ASKING
INFoRMATIoN-HIs VIEWS ON THE
DUTIES OF THE EXECUTIVE UNDER
THE CONSTITUTION AND THE LAWS.
WASHINGTON, Jan. %, 1877.
In reply to the resolution of the House
of Representatives, passed early in De-
cember, 1876, requesting the President to
transmit to that body copies of all orders
or directions emanating from MIN orifrom
either of the executive departments TO
any military commander or civil othcer
relating to the service of the army in
Virginia, South Carolina and Florida
since the 1st of August last, together with
all reports from any of said military or
civil officers, the President to-day sent to
the House of Representatives the follow
ing message. After stating that the
House resolution reached him on the 9Th
of December, the President says:
1t was Immediately or soon thereafter
referred to the Secretary of War and the
Attorney General, the custodians Of 1alE
retained copies Of "orders or directions"
given by the Executive Department of
the government, covered by the above
inquiry together with all information up
on which such 'orders or directions" were
given. The information, it will be OBJ
served, issvoluminous, ,sand with the limi.
ted clerical force i'm the Department OF
Justice has consumed the time up to the
present. Many of the communications
accompanying this Shavc been3already
made public in connection with messages
heretofore sent to Congress. This class
of information includes the important
received from the Governor of
South Carolina, and sent to Congress with
my message on the subject of the Ham
burg massacre also the documents ac-
companying my response to the resolu-
ton of the House of Representatives
i'm regard to soldiers stationed at Peters
burg.
There have also come to me and to the
Department of Justice, from time to
time, other earnest written communica-
tions from persons helding public trusts
and others residing in the South, some of
which I append hereto as bearing upon
the precarious condition of the public
peace in those States These communi-3
cations I have reason to regard as made
by respectable and responsible men,
many of whom deprecate the publication
of their names as involving danger to
them personally.
The reports heretofore made by COM
mittees of Congress of the result of their
inquiries in Mississippi and Louisiana,
and the newspapers of several States, re-
commencing the Mississippi plan," have
also furnished important data for estima-
ting the damage to public peace and or
derin those States. 1t is enough to say
that these different kinds and sources of
evidence have left no doubt whatever in
my mind that intimidation has been used,
and actual violence, to an extent requir-
ing the aid of the United States where it
was practicable to furnish such aid, in
South Carolina and Florida and in Loui-
siana, as well as in Mississippi, Alabama
and Georgia. The troops Of the United
States have been but sparingly used, and
in no case so as to interfere with the full
exercise Of the right Of suffrage. Very
w,troops were available for the purpose
fpreventing or suppressing the violence
and intimidation in the States above
named. In no case, except that of South
Carolina, was the number of soldiers IN
any State increased in anticipation of
the;election, saving that twenty four men
and an officer were sent from Fort Foote
to Petersburg, Va, where disturbances
were threatened prior to election.
No troops were stationed at the voting
places in Florida .aLd Louisiana respec-
ti9eN. The small number of spldiersin
the Said States were stationed at such
points in each State as were most threat
ened with violence, where they might be
available as posse for the officer whose
duty it was to preserve the peace and
prevent the intimidation of voters. Such
q disposition of the troops seemed to me
reasonable, and justified by law and prec-
edent; while its omission would have
been inconsistent with the constitutional
duty of the President of the United States
to "take care that the laws be faithfully
executed" The statute expressly forbids
the bringing of troops to the polls, ex-
cept "where it is necessary to keep the
peace,nS implying that to keep the peace
it may be done; but this even, so far as
l am advised, has not in any case been
done. The stationing of company or
part of company in the vicinity where
they would be available to prevent riot
has been the only use made Of, troops
prior to'the election, and at the time of
the election they were 50 stationed that
they could be called in an emergency re-
quiring it by a@marshal or deputy mar
shall as force to aid in suppressing un-
lawful violence. - --..- -t-t
The. evidence which has come to me
has left me no ground to doubt that if
there had been more military force avail.
able it would have been my duty to have
disposed of it in several States with a
view to the prevention of violence and
intimidation which have undoubtedly
contributed to the defeat of the election
law il Mississippi, Alabama and Georgia,
as well as in South Carolina, Louisiana
and Florida.
By article 4, section 4, of the constitu-
ton, ''the United States shall guarantee
to every State in this Union republican
form of government, and on application
of the Legislature or of the Executive
(when the Legislature cannot be con-
vened) against domestic violence.sAs By
act of Congress r. S. U, S., sec. 1,O34, 81
the President in case of 'insurrection- in
any State" or of unlawful obstruction
to the enforcement of the laws Of United
States by the ordinary course of judicial
proceedings" or whenever domestic vi
olence in any State so obstructs the exc
cution of the laws thereof and of the
United States as to deprive any portion
of the people of such State of their civil
or political rights, is authorized to employ
such parts of the land and naval forces
as he may deem necessary to enforce the
execution of the laws and preserve the
peace and sustain the authority of the
State and of the United States. Acting
under this title, So of the Revised Sta
tutes of the Omitted States, | accompa-
MED the sending of troops to South Car