St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1877-07-13

conduct. do not stop now to inquire
what manner of man Governor Packard
was, or what party he represented. IfI
Governor Packard had been corrupt
pOltrOOn, instead of man whose honor
and courage matches that of any man
in the Union, the presidents duty would
have remained the same. | inquire only
at this point, what was the official duty
of President Hayes toward the state of
Louisiana And answer that it is be-
yond intelligent dispute or reasonable
question that it was his duty to protect
the lawful government of that state
from domestic violence by the military
forces of the United States, and to make
the measure of that protection, as well
as its continuance, the extent necessary
to render Governor Packard's authority
effective throughout the state of Louisi-
ana.
Our Government is Union composed
of separate states; in the impressive
judicial phrase of Chief Justice Chase,
it is ''an indestructible Union composed
of indestructible states." The powers
of the general government are limited
and special. Beyond these it cannot
go. Its powers limit and measure its
duties. The Constitution in its open
ing sentence declares the great purposes
of its own creation, and among these
we find "tO insure domestic tranquility"
By the concurrence of all respectable
authorities the true construction of the
whole instrument and the true inter
pretation of it's separate provisions or
phrases is that which secures, on the
one hand, the efficient exercise of all
| tha IF ha rranarnl nt
which are essential to the attainment OF
the purposes for which the Union was
formed, and on the other hand, and at
the same time, leaves to the people of
each state the free exercise of all the
powers not delegated by the Constitu-
tiOn to the general government. The
gravest Constitutional discussions, both
parliamentary and judicial, which have
marked our history have had reference
to the line which should separate state
rights from national rights.
In defending the presidents action
toward Louisiana and South Carolina,
great efforts have been made to cover
his action with the mantle of state rights.
The president himself has proclaimed
his policy to be ''local government" }"
and we hear it described on all sides as
"hOme-rule." 1t is in truth the exact
opposite of this; but what / wish to re-
mark now is, that the question involved
in this discussion is not one, primarily,
of state rights or national rights, but of
national duty. The relations of the
general government and of the presi-
dent as the Chief Executive to the pres
ent question, arise under the provisions
of section 4 of article of the Constitu-
ton, which declares that "The United
States shall guarantee to every state in
this Union a republican form of gov
ernment and shall protect each of them
against invasion and on application OF
the legislature, or of the Executive
(wheD the legislature cannot be con-
vened), against domestic violence"
Whoever reads the Constitution will
observe that almost every other section
is concerned with the granting, or de-
tining, or regulation of the several
powers designed to be conferred on the
general government, or the denial Ol
restriction to the states of powers which
might interfere with the great objects
of the Union. In the present section
we find purpose, primarily, not to en-
large the powers of the general govern
ment nor to deny powers to the states
but the solemn imposition of great
duty to be discharged by the United
States toward each state. As to Other
: sections the state and the nation are
left to adjust their respective pewers
under the light of the language of the
Constitution, and by the modes pro.
|, vided by that instrument. This section
raises no such question. Its terms are
clear, broad, unmistakable. "The Unit
ed States shall protect every state
in this Union, Oh application, etc.
against domestic violence" 1t does no
; say that the United States shall hav,
power to protect each state. 1t doe
not say that each state shall have tn,
right to demand protection. 1t is not
question of powers or rights. 1t is
, plain command addressed by the Con
stitution to the government which i
/ created, requiring it to do a plainl,
| specified duty.
In discharge of the duty imposed b,
this section, Congress, by the acts o
| 1895 and of 1907, authorized the presi
f dent, whenever the exigency described
I in this section should arise, or, to us
| the exact language of the acts-''in cas-
of an insurrectiOn in any state agains
e the government thereof" to call fort
l such number of the militia of any othe
state or states as he deems sufficient t,
4 suppress the insurrection, or to emplO
= for the same purposes such part of tin
land or naval forces of the United State
as he deems necessary.
This duty, therefore, originally i'm
| posed upon the United States, is nov
= imposed on the president.
9 This section and the act Of 17Q5 haV
: received judicial examination and ap
plication in the Supreme Court of th
= United States in the well known cas-
s of Luther q. Borden, 2 Howard, l. Re
= ferring to this section of the COnstitu
: ton, Chief Justice Taney, speaking fo
= the Court, says, "It rested with Con
!, gress to determine upon the mean
Y proper to be adopted fulfill this guaran
y tee;" and referring them to the act G
= 1895, he says: "By this act, the powe
V of deciding whether the exigency ha
C arisen upon which the government c
i the United States is bound to interfere
e is given to the president. He is to &C
e upon the application of the legislator
e or of the executive, and consequent
J. he must determine what body of me
: constitute the legislature, and who
t the governor, before he can act. Th
= fact that both parties claim the right
: the government cannot alter the cast
n for both cannot be entitled to it.
# there is an armed conflict, like the on
# of which we are speaking, it is a case {
It domestic violence, and one of the pal
ties must be in insurrection against til
= lawful government. And the presider
e must of necessity, decide which is tn
e government, and which party is ur