New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-07-05

they had been previously stationed for the protection
ana support Of the lawful governments OF those States
Tn poIpt of immediate fOresecn aud intended e0nse-
quenCe consists In the overthrow aud destruction OI
those state Governments and tue substitution IN their
stead of certain other organizations called state Gov
ernments In point of actual present results II consists
the abandonment Of Southern Republicans and espc.
ciay the coorod to the control and uenot only 81
the Democratic party, but OF that class at the South
which regarded slavery as Divine institution whlch
wagod four years of destructive war Tor It's pe1etuato
which steadily opposed citizens p and suffrage Tor tns
ncgro-in word. class whose traditions, principles ina
history opposed TO every step and feature Oh WHAT
Republicans call our national progress since ls6O IN
point of general political and moral slgnincShee, II eo
sistS in the proclamation TO the country ana te wpu
that the viii of the majority OF the yo.es OF STATE law
fully aud regularly expressed, rs no longer the ruling
power in our States, and that the Consttuu9na gual
antee TO every in this Union Of Republican form
OF government and OF protection against uohesuo VIZ
loDce. Is hencetOrth Intellectual and worthless -.
iu.ify free discuss,onl The Statement when | have
now made is drawn with fair and Judicial haha ~ con,
tans nothing but clear, visible actual Iacis' Anu !st
You, feow-eizens does il not sound ike an hdic
PACKARD A LAWFUL GOVERNOR.
In discussing such policy will not be necessary to
do more than TO recall wcknown aud undsputed iaets
when President Hayes assumed his Office he found III
Louisiana State Government complete IN all its depart
meuts, executive, legislative aud Judicial Win Gov
Packard as its chief executive. The Government
rested for its legal title upon an election heid
and conducted according To law, the results OF
which had been ascertaned and declared in the
manner provided by law. Those results ana the
OF their legal asceranment and declaration had
august SPECIAL tribunal 10y me Jusinei u uis - r
mai the agencies established by the iaVs OF Louisiana o
the conduct and declaration OF that election hau eeh
declared cal and COMPETENT Tor those purposes Ih1
Judgment was an indls .hsaOie suplolt 70 ,o y
e. without shadOw OF legal right or semDahce OF la"
another unqucshoned fact that BY the same cleo
ton and the agencies wnich lad thus resulted III
sornrinI- ne eec0In vote Louisiana Tor President
@ c.IaIr1 lad been chosc compose of large
majority. In both branc res OF Remoic'ns. IIis LIS
iat1e had assembled, ana with an unquesoned Quorum
OF
eceGcd exact and uLquesilOncd CONFORMITY 10 tIc
Constitution and laws Oi Louisiana, 10 declare GOV
Packard tue lawfully elected Govern 7. lie bad as
snmcd the Office and in its lawful exercise Not an
element of legd regularity or Vaiiaily was wanting ~
ms fi,ie From the moment GOV. Packard became
clothed WIN tuat Office under the Constitution ana IWs
of Louisiana. no awu authority eAis'e III iVu'Ina Va
elsewhere 10 destroy mar or mpeach ms iile' IL was
re,ocaOle and unassaIiable by any Lawful agency
PACKARD SHOULD HAVE BEEN PROTECTED.
NowI undertake to say that no public exgency ever
arose in which The Constitutional and pol teal duty OF
tie Prcsd mt of the United States clearer or more
imperative in Louisiana at the time to when nave
referred leave out Of vicw for tie moment All CON
sidoratlon OF that most pecul ar ana 70 many most h
initiating feature of tBis business which CONSISTS III
Willingness the part of the President To accept 'or
himself the fruits of the election in Louisiana (honSh
il is an iudsputabe lac. that the vote ~ that Stale for
The HAYES Electors fe short OF that for Governor Iach
ard By several hundreds and yet, while cnchns those
fruits with ready not eager nand to plan ana carry
lave ont of view here, also, the general queS-
lion Of rarty fealty, Of which l shall he 'eailcr
sneak AS well OF the general consequences he IS
idcn't conduct DO not stop now 10 inquire Wn'i nau
ner Of man GOV Packard was or what party ne repre-
scuted. II Gov Packard had oSch II li'i III ~,
stead of whose honor and couIist lne'ce. 5n. W
any man in tle Uuion the President u.f M" i mNV
rr NAMED the same. inquire Oii' ~ 'l'' li t'''
was The official duty Oi President HAYES towards tIe
State OF Lousianal And answct t1si II IS So INV
lisent dispute reasonable question tla wis iis uu@
to protect the lawful Government OF mat II te rom
mcstc violence by tic military forces OF tIc Iieo
states and % MAKE the iued, are Oh al W -
well as confluence, she extent necessary 10 Iiul
Coy. Paesards authority eHeeuNe 'hio"S"o"' "o '''
IN d"ieudng TIE Presidents action towards Louisiana
and south Carolina, great efforts have been made 10
cover his action with the mantle O ,t'e il5n' ING
President himself has proclaimed hs poli'l 10 De %
,iCpoyrr,lmrnt" and hear IL deecnD on al Sizes
as nome rule" IL in truth the exact opposite o. ths
voyed m this dscu sion is not one. primarily, OF Slat
rights or National rights hnt of National duty Ihe re-
,ios of The neral Government and Oi tie Pie,ilcnt
as ihe Chief Executive To the present question, 4.lS
IN Ter the provisions OF section OF Art o. tlc C'
sutton which declares that the United states shall
guarantee To every in this Union republican form
of Government, and shall protect cich OF tem a-aNt
h,yon; aud on application Of the Legislature, OF Of m
Executive twhen the Legislature cannot be cohNehedl
against domestic violence"
n,cv,r reads The Constitution viii observe that a.
sf every other section concerned vita The grd ing,
or defining regulation OF the several powers Designer
II hc conferred ou line General enmou or the denial
ar rstlrton to the OF tUe powers wuich might III
tcrcre with The great objects OF the Union IN me lfcs
out section we tnd purpose primarily nor 10 euaiSo
the powers of the Gen raj Cove ent nor 10 dthy iO"
ers 10 the states hut the solemn imposition OF great
duty be dlscuar.ed by the Ohteo 0as '9"at"S e.V
state As 10 the Oncr sections the Siac ana 'ht N4len
arc lett to Just their respective powers tmJer the Asu
/ az Tie language of the Constitution, and by the
modes provided by that instrument THIS section raises
mo smell question Its clear broad uuniStik-
aide "Ine United states ShdH - protect every stare
i'm this Umon Application. etc, against domestic Nio-
lence" docs not that ;hc United STATES sa nave
to,yrr 10 protect each state. IL does not LAY 1t each
State shall have right 10 demand protection IL Is
Dol ga st0n OF p1w'rs or rights. IL Is pnn COM
,,,d addressed bv the Consultation to the Government
w.ch created requiring 1t to do plainly speelhed
I'm charge OF tbe duty imposed By this section, Ton
grcss, by the Acts Of 1919 ana o. lSOl aG'Hoizu e
President whenever the eXigency de ciDed III luis see
hon should arse on, tue exac, language Of the
Acts.iu OF an surreeiion IN Sny STATE aga nsl
tho militia any other state or States a. be deems
sufficient To suppress the instruction. or 10 eupOl fr
tn same pu poses part If the laado naval 0rces Oi
the United states he deems necessary. Iih' dliy'
tr,o-e originally Imposed upon the Unted states, i
now IN ,Oscd The resident IS section and me Ac oil
1895 nave receyeG Judicial examination ana Application
in Inc supreme Court OF the United saCss in ie well
! known case OF Ltiher =. BOrden, Howard l.
WHAT THE PRESIDENT DID.
And now letme inquire what was the action Of the
President under the circumstances stated! Did be dis
charge lis constitutional duty by protecting the State OF
Louisiana against domestic violcucel He made no at
t.,uTt 10 doit Beng cal, upon by the Le stature OF
Tonu in strict conformity to the Constitution, did he
inquiie and " determine" to use the words OF Cbiet
Justice fancy "what body OF men constitute the Legs
lature and who il the Goyernorf' No, he did not As
er he ri INT 10 preserve the peace in Louisiana by the
MILITARY forces of the United States pending negotiations
| N M he exercise Of winch, was a bold ana ndsranI
u-urgn uncss derived from the duty which he WAS al
t,oty}ons y,ifb mos Who ~ aimed violence and III
military array, mtnaciug the lawful Government OF
tne Sta ......- . ..u.... A, 10.
ofisIu the wetk OH man IN Whose fc'hlc
hands The great Rebellion found the powers OF this GOV
rnu, ia 1860 because he treated with hc leaders aud
accents OF that peOn ana could ma no warrant IN tDe
institution ''coercins STATE" could lame an eX-
! ems. for James Buchanan He was the dccaY1E lfdit
al half century Northern subscfVcncc 10 southern
dciaiiOn. the poor dress al "OihOlt ponlcau whose
If mad spent in covering snn' sion 10 ne i" u 81
! tlo,e " bOm he called 10 confront Int what
AM be sid of This President educated by the events OF
te last seventeen yearstDe long ana pcOus struggle
| ~ save the nation TO freedom ANA Justice