Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-07-20
Dr. Bacon In Repl, to Gov. chamberlain.

1OrK IFth"Hf Oi last SATURDAY. Ut. DicOn II
learned and able critic. He has no political
axe to grind, and his honesty and indepen-
dence are beyond question. lie praises Gov.
Chamberlain very highly, as an able, honest
and high-minded man and declares that he
ought to he governor of South Carolina.
That he is not SO, DR.. Bacon says, is because
the men who elected him, after twelve years
of personal and political freedom, had not
the pluck and capacity to sustain him by
force of arms.
But, contrary to Gov. Chamberlain, DIR.
Bacon holds that the Constitution justiiies
President Hayes in his course towards Louis
| lana and South Carolina. lie considers the
constitutional provision that the United
States shall guarantee to each State Re
| publican form of government, to simply
amount to declaration that the general
government shall permit no State to set up a
monarchy. On the question of domestic viO-
lence, on which Gov. Chamberlain made his
| cHlel point, DT DdcUu says
| If domestic violence in a State is like
the old-time Shay's rebellion in Massachu-
sets, or like the whiskey instruction in
Pennsylvania long ago-if it is merely riot
Gus uprising against established order-the
duty of the nation to protect tnat State Is so
clear, and the certainty of prompt and eifi-
cient protection by the whole power of the
nation is so well-known, that instances Of
that sort are infrequent in our history.
Every State, in the ordinary course of events,
is perfectly able to keep the peace within its
own borders without help from abroad, and
the more able because of the outside help
which will certainly come il called for
But a State may need to he protected
| against domestic violence of another sort.
Some of US are old enough to remember the
"Dorr rebellion" which was when the
great men of the present generation were
boys, OF perhaps were not yet born.
There were two Governors in that
brave little State. two Legisla-
lures, two Constitutions everything
political was double. One military organi-
zation was in arms against another. In
short, there was beginning of civil war
and one side or the other, perhaps both,
1
against domestic violence. Gov. Dorr in
sisted that he was Governor de jure, the law
full and rightful Chief Magistrate of Rhode
Island, and on the principles then prOfessed
and held by the Democratic party, he was
right. On the other hand, the other Cover
nor insisted that the jus-the law-the
right-was on his side, and that the State to
be protected against domestic violence
was the State a. governed by him.
The fatal defect in Gov. DORIS
case was that, whatever he might be
de jure, he was not de tactO Cover
nor of Rhode Island and the conclusion OF
the whole matter was that for no other fault
than his attempt to maintain by force Of
arms his prctention to be Governor. he was
condemned to the pcnitentiary. As in its
relations with foreign powers, our National
Government never inquiries who ought 10 BE-,
but only who IS Emperor, King, Sultan or
President-so in its relations with States in
this Union, it does never inquire (Dud must
nerer be trusted 10 inquire who is Governor
de Jmrt, but only who is Governor de tdciO.
The problem which President Hayes had
to deal with in Louisiana and South Caro-
lima, was not identical in all respects with
| L
to face in Rhode Island but IN each OF
those three cases the main fact was the fact
of dual government. In Louisiana, the
question between Packard and Nichols, in
South Carolina, the question between Cham.
bcrlain and Hampton was which really
Governor in other words, which of the two
is in possession. performing the functions OF
government? In neither case was the ques-
ton difficult one. Gov. Packard, shu. NJ
in State house at New 0rleans-Goy
Chamberlain, similarly.besieged in the State
house at Columbia-calls to the President
(yirtuallS) " am Governor dc lure, send
me troops enough and | will be Governor d,
tacto." On tue other hand, Gov. NichOll,
at New Orleans, and Gov. Hampton at Co
lumbia, say to the President, each for him
self, :" am Governor de factO as well as ii
jue; ask for no military aid from the
nited States; il only the detachment OIL
the United States soldiers which garrisUns
the State house can be withdrawn, there
will be no more doubt as to the actual
government, and the State will be perfectly
able to protect itself against domestic
violence" The President, after careful
inquiry and deliberation, concludes thai
as matter OF fact, the preten
sion of Gov. Packard to be Governor o.
Louisiana cannot be maintained in any Other
way than BY a constant employment of the
military power of the United States and
that Gov. Nichols (wnateyer may have beer
the irreguIarity of his election, and by what
ever fraud or violence he may have gained
the postion) is actually governing the State
with no protection from any external power.
The same sort of inquiry and deliberatiOn
concerning South Carolina brought him tC
the conclusion that whether Gov Chamber
lain ought or ought not to be Governor of
the State Ia question over which he, as
President, had no jurisdictiOn), the State
was actually governed by the other man. In
the words quoted by Gov. Chamberlain from
Chief Justice fancy, it was the President :
duty to 'determine''-of course not with
out inquiry and deliberation-''wha body
OF men constitutes the Legislature, and who
is the Governor - Just this is what he has
done
Is the President of the nited States to
be Supreme Returning Board for all cleo
tions of State Governors? say No Who
says Yes LEONARD BACON.
Northampton, Mass, July 9, 1877.
Dr. Bacons doctrine, that where two rival
governments exist the General Government
must recognize the strongest combination,
independent of any question OF right or
wrong, and no matter by what amount of
fraud and violence it reached position in
which it could claim to be the government
of the State, is pretty rough one. Prae-
tically, however, the mass OF the people
seem to have accepted this doctrine. The
facts that Nichols and Hampton are able to
maintain themselves without the hel P OF the
United States troops. while Packard and
Chamberlain could only sustain them
selves by the aid of the troops. and Of
Il good many of them and the prospect that
if that sort Of things continued it must
end in military Governors for half the
Southern States, have in a measure recon
eiled perhaps the ma jority. even of the Re
publicans, to the situation in Louisiana and
South Carolina We concede the force of
these facts. as practical persuaders to ac-
quescence in the Presidents Policy but
We must say that We cannot commend the
righteousness of the prccedents thus eStab-
lished We are not yet ready to accept the
theory, rs such, that the greatest fraud and
most outrageous violence must be allowed to
prevail, in any State. provided it be strong
enough to overawe internal opposition.
TELEGHAPHIC ITEMS.
ALBANY, July Is complaint IN case of
Henry p. Pierson receiver of Guardian
Mutual life Insurance company against
Henry j. Furber ct. al. heard this morn
ing, alleges that the scheme to rob policy
holders was carried out and that the policy
holders were wronged to the amount OF
1900 900.
MONTREAL, July E-rhe streets after
midnight were almost entirely deserted.