New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-14

the military ami naval forces Of some foreign gov
ernment or las on the Texan frontier just now py
bands of puhlcrers from neighborng nation, or
nv ORGANIZED bodies of men from another state the
invasion Of any state in this Union Is an act 81
hostility against the United STATES; and the Na'ioi-
al Government authorized and required 10 TcpeI IT,
No request or formal information from the authorl-
lies of the invaded State Is necessary The invasion
of whatever State is an outrage against the Nation
and the Nation sensitive in every part, takes notice
Of it and rcpels 1t.
3. he United States must protect each State
against domestic Violence But in this case GER
tam conditions are prescribed. without which there
is 10 right or duty of Interference. The duty and
the right of such interference in the affairs OF q
state arise only "on application" from the authori
ties Of that state "appicaion of the Legislature
If it he in session or con be convened, application
"of the executive when the Legislature cannot be
convened Domestic violence in any State Of this
Union is matter for the State itself to deal with
The State itself acting through its constituted
authorities is to decide whether il needs protection
from abroad and 40 It's call the Government Of the
United States Tor, as determined by statute, the
President is constitutionally empowered and re-
quircd 10 give thc desired protection.
If" domestic violence" in state is like tho old
time Shay's rebellion in Massachusetts like The
whisky instruction I'm Pennsylvania long ago-if it
is merely a riotous uprising against established or
der-the duty Of the Nation 10 protect that state is
clear, aud the certainty of prompt and efficient
protection by the whole power OF the Nation IS so
wcll-known, that instances Of that sort are Dfre-
qucnt in our history. Every STATE in the ordinary
course Of events is perfectly able to keep the peace
within it, own borders without help from abroad,
and the more able because Of the outside help which
will certainly come IL called for.
Brt State NAV need to be protected against do
nestle 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 l0vs 0r perhaps were not yet born. There
were two Governors in that brave little State, two
Legislatures two Constitutions everything politi-
cal wa, double. One military organization was in
arms against another. In short there was 4 begin
ming of civil war; and one side the other perhaps
both called on the President 20 protect
that State agains, domestic violence. Gov. Dorr III
sisted that lac Governor ne jVre the only lawful
and rightfu Chief Magistrate Of Rhode Island, and
on The principles then profes5cd and held by the
Democratic party, he was right On the other hand,
the other Governor insisted that the jju-thc law
the rqht-was on his side and that the State 70 be
projected AGAINST domestic violence was the State
as governed by HIM. At this present wiring | can
NOT refer to- documents that might refresh correct
INV memory but one thing am sure of: The fatal
defect ia Coy. DORIS ease was that, whatever he
might be de iuTe, he NOT IL Jdct0 Governor Of
Rhode Island and the conclusion of the whole mat
fer WIS that for no other fault than his attempt 10
maintain by force of arms his prctcnsion to be Gov
ern0r. ne was condemned 10 the penlteniary. As IN
its relations with foreign powers, our National Gov
ermcnt never inquiries who ougbt 10 be, but only WHO
Is Emperor. King Sultan or Presdent-so IN its r.
latious with States in this Union, it does never III
ouire lqad 1as, ncrc Do tasied 10 inquire who is Gov
erlor IT, jayc, but only who is Governor do facio.
The problem which President Hayes had to deal
with in Louisiana and South Carolina, not idcn
teal in an respects with that which President Tyler
was compelled to face in Rhode ISLAND bat in each
OF those three cases the main fact Che fact OF
dual government. I'm Louisiana. the question be-
tween Packard and Nichols in South Carolina, the
question between Chamberlain and Hampton was
which isrcay Governor; in other words, which of the
two s I'm possession performing the functions Of gov
ermcut7 in neither case thr question diff
cult one. Gov Packard. shut mp i'm a State-house at
cw-Oieans-GOy. ChambGlIu, similarly besicsed IN
the Slate-housc at Columba-calls 20 the President.
virtually A." am Governor IL jUc; send me troops
enough and viii be Governor de jqciO' On the
other hand Coy. Nichols nc Ncw-Drleans, and Gov.
Hampton AZ Columbia, say To the President, each
for himself " ain Governor &c JdfaO dS wei rs ~
jarc: | ask for military aid from tne United
state; # only the detachment Of the United States
soldiers which garrlsons The Stato-housc can be-
Withdrawn. there wIl De Ho more doubt TO the
tual government, and the state VIII be perfectly abb
to protect itself against domestic violence The
President after careful inquiry and dciheIaton.
cludes that rs a matter of fact, the preten-
sion Of GOV. Packard 10 be Governor OF Lousi-
ana cannot be maintained in any other way
than by constant employment Of the military
power Of the United States: and that GOV. Ncholi.
whatever may have been the irregulaTity Of bis
election, and by whatever fraud violence he may
have gained the position is actually governing the
state with no protection from any external power.
The same sort Of inquiry and dcibciation concern
ing South Carolina brought him 10 the conclusion
that whether GOV. Chamberlain ought or Ought
not to be Governor OF the State IA question over
which ne. as President had no jurisdictonl, the
state was actually governed by the other In
the word. quoted by Cow Chamberlain from Chief
Justice fancy it was the Presidents duty to " dc
tcrmne of course not without inquiry and de-
liberation" what body of men constitutes the
legislature and who i, the Governor p Just this Is
what lac has done.
Is the President of the United States to be a
Supreme Returning Board for all elections Of State
Governors | say No! Who says lcs2
LEONARD BACON.
SOUTHAMPTON, Ndes July 9, 1877
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