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

''disputed claim to the governorship,"
and the state must be left "tO manage
her own local affairs in her own way"
Well, confess that this is as good a
defense as have seen anywhere of the
presidents action, and we shall do
well, therefore to examine it. What
then, is domestic violence" within the
meaning of the constitution, or ''insur-
rection," within the meaning of the
statutes ? 1t is not little interesting,
if not amusing, to observe Col. Higgin
sons reverencefo for Webster's opinion on
"constructive" insurrection or violence
when one recalls the views of ''con
structive" crimes eXpOunded by Judge
Curtis and endorsed by Mr.. Webster
on an occasion with which Col. Higgin-
son was rather intimately connected
but shall not object to allowing the
present question to rest upon the
doctrines and principles laid down by
Mr.. Webster. | have a habitual rev.
erence for that most commanding au
thority in all our constitutional history.
When Mr.. Webster speaks of "mere
ly threatened domestic violence" or of
anticipating insurrectionary move
ments,r what does he mean? His
meaning cannot well be expressed in
clearer terms, but it may be said that
he has in mind the broad and obvious
distinction between the avOwal of
purpose to resort to violence or the be-
lief that violence will be used, on the
one hand, and the actual exhibition or
use of violence on the other. If pur-
pose were formed by large number of
the citizens of this state TO overthrow
| ar Of OnNnrnnlant-If
cations for that purpose existed, but
their members had not yet appeared as
actual organized bodies or openly NOV
ed to the accomplishment of their pur-
pOses-Mr. Webster would not regard
this as domestic violence" within the
meaning of the constitutional prOpO-
sition which no one will dispute. The
purpose must appear in acts. When
ever this condition of affairs arises, 1t
is insurrection, and the moment for in
reference is the moment when the i'll
surrection shows by its acts the power
and the will to carry out its purpose.
If column of men, armed or unarm-
ed are found marching upon your Court
House or your State House with the
known purpose of eXpelling your Off
GERS and your government from their
places, and if they possess the power to
execute their purpose are we to be told
that this is not domestic violence be-
cause the column has not yet captured
your public buildings OF disposseSsed
your lawful officers, or because it has
not yet come into actual collision with
the lawful authorities This is not
, reason or law, and no respectable au-
thority can be produced to support
such a theory. The simple test is, is
there an actual exhibition of physical
force sufficient and designed to assault
!, the lawful government, or oppose its
/, authority with success If there is
domestic violence eXists-not latent,
! but patent-nOt constructive, but pal
| pable and if at such a juncture the
the president is called upon by the law
full government to intervene, he is
bound to protect the State. Must d
lawful state government, conscious
that the force arrayed against her is
beyond her power to control or subdue.
still be told to wait till the violence
has struck her before she can demand
: protection The first blow may over
! throw her, render her helpless, inflict
irreparable injury upon the great in
terests she is bound to protect.
But, fellow-citizens, what were the
! facts of the situation in Louisiana Il:
respects this question of domestic vio
l lence Was there actual or only
4 threatened violence | simply stat,
1 facts known to every man when | say
g that actual violence, armed insurrec-
ton, military organizations under arm
= and moving and acting under orders o
d. officers, had attacted the government
t represented by Gov. Packard, hat
= wrested from it by actual overpOwerins
7 force large part of the public office
e and buildings at New Orleans, and hat
r paused only when they had shut hin
S and all that remained of bis govern
a ment within the walls of one buildin.
i in that city. This armed force hat
= been stayed from further progress on
? ly by the actual presence of the mill
d tary forces of the United States actini
a under orders which required them t.
d permit no further violence. Now, fel
e ow-citizens, is it not m0ckery and in
o suit to ask whether this is dOmesti
T violence But, it is said violence ha,
= ceased. How had it ceased VIII
: had it ceased ? Had the. insurgen
/. forces been -disbanded ? Had they re
: linquished their purpose to resist tn
d authority of Governor Packard ? Ha
II his rightful authority been restored i
= the places from which it had been eX
o PEELED No, the insurgent force
e maintained their ground, maintaine
IS their organizations, maintained thei
s purpose, held possession and use of al
/ they had gained by force, and Openl
d and and at every hour, from the 4th @
l. March to the Goth of April, defed tn
: lawful government of the state, resist
d ing by actual force every effort of tn
y lawful government to subdue them
Il and actually seizing and imprisonini
:, the state officers who attempted to eX
Y ercise or assert the authority of tn
:, lawful government. Will any ma
e dispute this statement ? / challeng
e him to come forward. But we are toll
y and especially assured by Col. Higgin
IF son, that there was peace at this time
perhaps, he says, ''hOllow peace" bu
o still "peace." Now, l say that as
= matter of fact, or of reason, or of law
l. there was no more peace in Louisian
e at this time than there was in Virgini
e in the Winter of 1868 to '64, when til
p armies of Gen. Meade and Gen. LIE
= lay silently confronting each other o
y the banks of the Rapidan. 1 mean ex
a actly what 1 say, The authority of tn
J. lawful government of Louisiana was a
: much assailed, the peace of the stat
"a was as much disturbed by armed re
h sistance, from March a to April 20, q
D. was the government and peace of tn
h United States when active militar
r operations were suspended, for an
d cause, during the four years of the re