The New York herald., 1877-07-05

constitution. Observe, again. that the only inquiries
to be made by the President under the cau oi the
legislature OF Louisiana werc Does domestic violence.
in sense intended by the constitution, exist IN
louisiana or, Which Of the two organizations claim.
INK to be statc governments IL the aud lawful
one When the President OF the United States Is mus
70 sr ay wnA' sn r. raSs snys %r ana for
pushing aside the proper inquiries, aud inquifins
either by himself or by commission OF i've, how ne
may 'sremove tho obstacles 10 the acknowledgment
OF one government IN louisiana" or how he may
'accompish'--in the sounding phrase OF tho Sec-
rctary-sthe recognition OF single Legislature as
the depository oil The representative will OF the people
OF Louisanai" OF what concern was II to hin
governments could be reduced one, Two legisa-
lures combined IN one? We hear much from the Pres
dent and his advisers and defenders OF newborn zoa
for constitutional limitations The same Hrs which
In recent years have been wont 10 como 10
the consideration OF constitutional questions with
no narrower rule OF construction than 'sas populi
supreme iern are now treInuous with assurances
OF their sextrcme solicude'' lest they should give
seven the appearance Of military interven,,on.r
dent under what power, express or implied,
he enters Louisiana TO secure one Legislature or
government No man can answer you. II was
bold arrant usurpati0n without even an excuse that
il was undertaken in good cause. Ho had been
called upon by .ne LEGISLATURE WHICH rscosuxes
domestic violence. II was under this warrant
alone that he could enter Louisiana except as q
usurper. He could have refused aid to Governor
Packard, as Tiiden would have done, because he
was not tho lawful Governor. Hc could have with
drawn the troops IRON the vicinity Of the State House
on the ground that domestic violence existed, and
left controversy TO settle ITSELF In either course
his actlon would have the OF being exsr-
clse OF powers undoubtedly committed TO HIM. 1t
might also have been characterized as opcn and
straightforward But the course which no
did pursue was first, by his commission 10 under.
mine Governor Packard, and then 10 Withdraw the
support OF the United States troops He dared not
question Governor Packards title Dut he thought, IN
the aco OF intelligent people 10 accomplish by in
direction the purpose to which he stood committed
Whom bv the direct influence OF his commission and
the nnouncement OF his purpose 10 Withdraw the
United States troops he had gained Tor the Nichols
Legislature Returning Board quorum, he prsclaims
his discovery that of domestic violence exists
in Louisiana warranting his intervention and with.
PURPOSES OF THE COMMISSION.
Now, fellow citizens, l exercise the right of
American citzen--no more-when say that
view OF this chapter OF our history leaves me In no
doubt that the purpose OF the louisiana Commits
sion and OF the whole conduct OF the Louisiana
by the President. to accomplish tho overthrow Of
Governor Packard and his authority Called
upon under The constitution aud laws Of the
country, as its chief executive. to discharge grave
pubic duty, duty essential 10 the maintenance OF
tho lIe OF great state, duty equally essential TO
the maintenance Of human rights and Jhe principles
OF the political party which had eleeted him, the
President not only declines the duty. but he s,abs
the state that sought his aid and betrays the prin
ciplcs and men whom he was bound 10 uphold and
protect Mark, too, the confession involved in the
very effort TO secure tor Nichols returning board
Legislature IL was q confession that the foundation
OF the title oil Governor Packard was npreg nable
that in order TO gain any semb,ance OF authority Tor
Nichols, Governor Packard's legislative department
be broken upa piecc oil policy as swallow as II
was dreputabe. Does any man say or suggest IN
terms that the State Government of which Governor
Packard was the head, was any the fess the law.
iu state government when majority OF the members
declared elected by the Returning Board had taken
seats In the Nichols LegslatureY Whenever any mem.
ber OF the Packard Legislature deserted his post lie
lett vacant seat beEind hiin. He carried nothing
with him. II was then tho prcrogaive Of those who
renamed TO cause the vacant seat to be filled. or,
II by the number Of desertions quorum pres.
ent, the result was "a temporary paralysis OF The
e egslatlve arm. II remained for this obstacle TO be
removed by new elections as provided by the laws OF
LOUISIANA as Of all other States rs an evidence OF
the confusion OF ideas bred by such efforts TO circu
vent political JUSTICE that the country has been de-
luded into less degree OF Reproduction OF tee Pres-
dents policy by the fact that under the influence Of
the Presidents commission and his own pre-.
announced purpose major,y OF The members Of the
lawful Legislature vacated their seals ana Joined the
unlawful and revolutionary body called together by
Nichols The legal anu parliamentary fact is that the
acton OF those members mother took away any lawful
authority from the one body nor added any lawful au-
thorty TO the other still less did such change N
any respect constitutional duty OF the President
toward the State OF Louisiana.
QUESTION OF DOMESTIC VIOLENCE.
Fellow citizens, DO not intend TO overlook any
plausi bio prominent argument by which The Pres-
dents Southern policy rs defended, ana therefore
propose to co nsider tho question the actual exist
cnco OF domestic vioicnce" in LOUISIANA The
President, In his order removing the troops on the
goth day Of April last AFTER as havo shown,
Returning Board quorum had bcen obtained Tor Tho
Nichols Legislature, declared that he did not hnd Ia
LOUISIANA u condition of domestic violcnce'' such
as il contemplated by the constitution. Ho had Of
course been familiar with every feature oil the situa
there during the whole period Of ms delay, and
lie had not waited Till April 20 to satisfy himself
whether domestic violence existed not But such
the ground which he places his removal OF the
troops Let examine this ground. Let us ask what
Is domestic violence" anu did ''domestic violence
exist IN the constitutional sense. In Louisiana whom
the President was called upon to determine his action
Upon this feature OF our discusson you VIII recall
now auntily and confidently Colonel H'gginson comes
forward announce his approval ol the Presidcnrs
With him all d clear The President could do
nothing else, because there was no ''domestc vio-
lencc, and Mr. Webster had warned us against 'a-
tent iusurrection' or constructive violence" With
him 1t IL a mere ''disputed claim to the Governor
ship and the state must be left Ito manage ner own
local AFFAIRS her own way" Well, confess think
this Is as good n defence as have anywhere OF
tho Presidents actioo, and we shall do WE'LL there
fore. to- examine. It, What, ,neu, IS domestic
or ''insurrecton" within the meaning OF the stat
utcs? 1t is not a little interesting, u not amusing,
to observe Colonel Higginson's reverence Tor Nr.
Webstcr's opinion on constructive insurrection or
violence when recalls the views OF "consructvc"
crimes expoundcd by Judge Curtis and Endorsed
by ME- Webster on occasion with which
Colonel Hgginson was rather intimately connected:
but shall object TO allowing tho present qucs-
ton TO rest upon the doctrines aud principles Lard
down by Mr. Webster. have hgbitual reverence
for that most commanding authority W all our consti-
tuonal history.
WHAT Is INsURREcrIoNs
When Mr.. Webster speaks oi "lucrey threatened
domestic violence" or OF participating insnrrec-
tionary movements" what does he mean? His
meaning cannot well be expressed In clearer terms,
but II may said that hc has In mind the broad and
obvious distinction between the avowal OF purpose
TO resort violence the belief that violence viii be
tho hand, and the actual exhibition or use
OF violence the other II purpose were formed by
large number Of the citizens OF this State TO overthrow
resist your governmentlf organizations tor that
purpose existed, but their members had not yet ap-
pcarcd actual organized bodies or openly moved
TO the accomplishment OF their purposcs-Mr Web
ster would not regard this US domestic viocnce''
within the meaning OF tho CONSTITUTIONS proposi-
ton which no one will dispute. Tho purpose must
appear Ia acts. Whenever this condition OF affairs
1t is insurreotion. and tho moment Tor inter-
ference Is the moment when tho insurrcction SHOWS
by It's acts tho power and tho will TO carry
purpose. II column of men, armed OF unarmcd,
are found marchipg upon your Court House or your
State House with the known purpose Of cxpciling your
officers and your government from their places,
ana II they possess the power TO cxe-
that this is not domestic violence be-
cause the column has not yet captured your
public buildings or dsposscssed your lawful officers,
or because has not yet come into actual collision
with the lawful authortesY This Is not reason nor
law, and no respectable authority can be produced
support such theory. rue simple tcst IL, Is
there an actual exhibition Of physical force sum
and designed to assault the lawful government
or oppose iis authority with succcssy II there is,
domestic violence exists, insurrcction ex.ss-not la