The New York herald., 1877-07-05

step and feature oil what republicans call our national
progress since 8G0 In point oi general political ana
moral significance II consists In tho proclamation TO
the country and the world that the will OF the MAJOR
ity OF the voters Of State lawfully and regularly az
pressed, longer the ruling power IN our States
and that tie constitutional guarantee TO every state IN
this Union OF republican form OF government and OF
protection against domestic violence is hencciorth IN
cnectual and worthless.
Does such policy challenge atientons Does y
not justify tree discussion? Tho statement which
have made is drawn with a fair and u iical hand
II contains nothing but clear, visible. actual facts
And yet ask yon fellow citizens, does II not souna
| like an indictments
| A FACTS.
In discussing such policy II will not be necessary
TO do thar recall well known and undlsputed
facts When President Hayes assumed his ohlce he
found In Louisana State government cohpete 10
ali its departments, executive, legislative anu JUDI
ciai, with Governor Packard as its Chiet Executive
That government rested legal title eec
ton held and conducted according to law, the results
OF which had been ascertained and declared In the
manner provided by law. Those results and the mode
| OF their legal ascertainmcnt anu declaration had
been subjected TO tho examination and judg-
ment OF august special tribunal BY the
| judgment OF that tribunal the agencies established
BY the laws Of Louisiana ior the conduct and decnra-
ton OF that election had been declni ed legal and CON-
petcnt for those purposes. That judgment was tn in
dispensabe support to the Presidents title to his own
Office. without II he was himself u usurpcr, without
shadow OF legal right or semblance OF lawful authori
y 1t another unquestioned tact that by the same
resulted in securing tho electoral vote Of Louisiana
Tor President Hayes, Legislature had been chosen
composed OF large majority, IN both branches @ Q,
republicans. This Legislature had assembled, ana
with unqucstion.d quorum OF lawfully elected
members IN both branches had proceeded In exact
and unqucstoned conformity to the constitution
and laws of Louisiana declare Governor Packard
the lawfully elected Governor He mad assumed
tho Office and It's lawful exercise. Not an
element OF legal regularity validity was wanting TO
his title. From the moment Governor Packard be-
came clothed with that office the constitution
and laws OF louisiana no lawful authority existed In
Louisiana elsewhere TO destroy or mar or impcach
his title. II was irrevocabe and unassaiahe oy any
President Hayes found the State government, as l
have said complete IN its organization unquestion-
mil m G lie
rectly equally impcachcd the validity OF his own
title He found II, however. menaced aud beeaguercd
by armed, violent and revolutionary organization
calling itself State government, which had already
iorciby seized considerable part OF the pub
stood in avowed readiness complete lis usurpa-
ton, whenever this could be donc without actual col
slon with the military forces OF the United States
Not only every feature OF this situation known TO
Pres Hayes but he subsequently,, IN duo CON-
LOUISIANA, then IN session, 10 IT'S demnnd under tho
fourthsecton Of the fourth article Of the constitution
Of the United States Tor protection against domestic
violence
THE PRESIDENTS DUTY
Now, undertake to say that no public exgency
arose IN which the constitutional and political
duty OF the President Of the United states
clearer more imperative than In Louisiana at tho
time which l have referred. leave out OF
view, for the moment, all consideration Of that most
peculiar and to many most Illuminating feature of
thus business, which consists in a Willingness, on
the part OF the President, to accept Tor himself
the fruits OF the election In louisiana, although 1t Is
ndisputable fact that The vote in that Stale for the
|
by several hundreds, and yet while cluching those
fruits with ready, II not cager hand, 10 plan and
| leave OF view here also the general question
of party iealty, OF which shall hereafter speak,
as well as OF the general consequences OF tho
Presidents conduct. / do not stop now 10 inquire
what manner Of man Governor Packard was, or what
party he represented II Governor Packard had
been a corrupt pOltroon, instead OF u man whose
honor and courage matches that Of any man IN the
Union, the Presidents duty would have remained
the same. l inquire only this point what the
official duty OF President Hayes toward the State OF
LOUISIANA? And answer that it Is beyond IN
teigcnt dispute or reasonable question that
duty protect the lawful government OF that State
from domestic violence by The military forces OF the
United States and TO make tho measure of that pro-
tecticn, well as its continuance. the extent neccs-
sary render Governor PacKard's authority effective
throughout the State OF louisiana
The simple inquiries 10 be made before acting
were Has application been made by tho Legislature
the Executive according 10 the constitutional re-
rectiou exist? II yea again, then The President is
iaisc his trust derelic OF his plain constitutional
sSss' ever ex,en, l IN IN desres of force or length
OF time may be requisite to subduc the
o or as s have so @
imperative IN epoining duty, so the discharge OF no
other constitutional duty BY the President is so essen
al to the preservation OF our dual system Of govern
mcni. Ia the bulwark not OF State rights alone but
OF state life.
| And now let inquire what the action OF tho
President under the circumstances stated2 Did he
discharge Els constitutional duty BY protecting the
made no attempt TO do It. Being called upon by
the Legislature OF Louisiana IN strict conformity
TO tho constitution, did he inquire and ''deermine,
the words OF Chief Justice Taney, 'what body
OF men constitute the Legislature, and who IS the
GovcrnorY' No, he did not Assuming the right to
preserve tho peacc In Louisiana by the military
lorccs Of the United States pending his negotiA-
tions u right the exercise OF which was bold
and nagrant usurpaon unless derived from the duty
which lac very moment refusing TO perform,
he enters upon negotiations with those who by armed
violence military array menacng the lawful gov
ernnent OF the state SIR have seen the hot indgna
whose feeble hands the rebellion found the
powers OF this government In 1860 because he treated
with the leaders and agents OF that rebellion and could
find no warrant In the constitution tor 'cocrcng q
State.n l could frame excuse TOR James Buchanan.
He was :ne docaylng fruit OF haif century OF North
subscrvence to Southern dictaton, he poor drcgs
of worn-out politician whose lie had been spent IN
covering submission 10 the Will OF those whom
shall be said OF this Presidcnt-eiucatcd by
The events Of the last seventeen years-tne long and
pcrilous struggle to save the nation to freedom
and Just.ce-Ine representative OF party whose lie
piration In every hour OF Its existence has been
political justice aud freedom Tor all American citi
zcns-i President who had literally climbed 10 ms
high the dead bodies Of hundreds OF loyal
mea In Louisiana, who had met death forms far
moro terrible than any battle ncid order that
the liberty of which they had tasted might be Kept
for their children? James Buchanan could say he
negotiated with those who against
United States In order that he might by peaceful
agencies preserve the integrity Of tho Unpn and
lratric,dal war Tnis President enters upon his
EQUATIONS With those who are In arms against the law
iul government OF Louisiana III order that he might
the more surely 0etray the iricnds VINO had trusted
him and tho cause he was sworn to uphold.
LOUISIANA COMMISSION
You are familiar with the story. President Hayes,
instead OF seeking TO discharge his constitutional duty
according the plain letter OF the constitution and
laws; instead OF inqulrng II he mad doubts, "what
body of constitute The Legislature and VINO Is tho
Governor !" ins cad of recognizing the paipabe TACT
that armed insurrcction against the law
ful government Of LOUISIANA existed and had been
arrested mid solely by the presence Of the
| military forces OF the United states, aud
still literally resting on It's arms, dispatches to New
| nrien rnixsto n Lot np
elaborate lcttcr OF instructions OF hts Secretary of
! State Is II to inquire "What body OF mon
constitute the Legislature and who IS the Gov
| crnor2" No, that inquiry foreign TO his
purpose. Is IL to inquire whether IN point
| OF TACT an insurrccton had arisen against the
government OF which Packard was the heady
| No. That inquiry already answered by the
fact avowed the one hama and admitted OH the
other that Governor Packard hold his piaco against
the nsurrccuonary forces solely by tho protection OF
the military forces OF the United states. The Prcsi-
dents commission went TO New Orleans under IN