Year: 1877

4


with an article entitled "THE NEW AID.


MINIsTRATIoN," which should be gener-
ally read. We regret that we have not
space in this issue for the whole article.


But we have not and must content our
sell with copying the following extract:
| The country expects the new Admins
tr:ition to lead the people back into the
ways OF peace. The most dangerous pre-
cedent ever put before the people of this
country was the setting up of Mr.. Kel-
!oggs government by military force
| Whether Mr.. Kellogg was elected or not.
there was never shadow of authority for
this action, for the midnight order of
Juoge Durell was as bald in its usurpa-
/ ton as though it had been the act of the
military officer himself. But from that
| time to the Inauguration of Mr.. Havas


the spectacle of military power as force
In civil affairs bas been exhibited with


such frequency, that it has almost ceased


to be exceptional, and the alarming facC


Is manifest, that considerable proper


tion OF the people, and especially of the


freedmen, have come to look up it as per


fectiy legitimate. Is this the way to
| educate the freedmen to govern them
selves? And how long could one party


continue the use of the military as a


means of influencing political results ,be>


fore a conviction would pervade the


other that resistance by military force


was equally admissible


| There is a vague notion in the minds of


many people, that when conflicting


CLAIMS exist to State government, it is
| the duty of the Federal Administration


to "recogniZe" one or the other of the


claimants, and then to settle the CON


troyersy by practical enforcement of
this recognition. 1t is highly probable
| that franArnl mt
wss military, honestly held this view.


\ authority can be found for it in the
| Federal Constitution. Every State is
| supposed capable of settling its own dis
putes, and it is only when an attempt is
made to set aside republican government,
or when an existing authority calls for
ald against domestic violence. that the


fe6erai government is at liberty to in
| terfere. One State may settle disputed
governorship in the courts, another in
| the legislature, and whether settled
| nightly or wrongly is the concern only of
| Its own people IT in another State no
provision whatever is made for a legal
| settlement, the settlement by passive ac-
qulescence of the people is still open. 1t
Is their affair, not the affair of the Presi-
dent or OF Congress, and the governors of
| the adjoining States would no more in
wade Jurisdiction not belonging to
them, by leading their militia in to set
| tie the dispute, than would the President
! by sending in the general of the army.
The expression of his opinion, or that of
his Attorney-General, on the disputed
right to State Office is an impertinence;
If his official duties require of him COM
munication with State officers, and there
be defdcto such an officer, his duty is to
recognize him; if the office is in dispute,
State actlon in some form must settle it.
and the President must accept the SETTLE


ment, The idea that the President may
settle such disputes savors of imperia-


lism. 1t can find no support in the decir
sions of the Federal Supreme Court,
which have distinctly shown, what the
constitution itself makes clear enough,
that the sphere of either Federal or State
governments can not be entered by the
off1cial action of the other without usurq
patlon. The country expects Mr.. Hayes
TO Keep carefully within the line of con-
stltutlonal authority.


Ihe new Administration promises the
paclfcatlon of the country. 1t has already


been intimated that great step will be
taken IN that direction when the civil
service is reform. Not sensible nerson
In the nation doubts that the animosities
between the whites and black in the
southern States have been largely foster
ed by Interested schemers, who cared
only for individual success, and who ex





tenslfying race distinctions, 1t is not as
all important to our present argument
whether these persons We're or were not
most largely from one of the parties; it
might have been one way in one State
or locality, and the other way in anoSh.
er. The main tact was, that the public
Offices were party and individual prizes.
and for these unscrupulous men did what
ever promised success The successful
man was likely to be hated by large
portion OF his fellow>citizens, from a be-
lief that his office had been acquired by
some other means than an appeal to
reasen; and if he proved to be dishonest
man, as too many unfortunately have,
the existence of bitter partisan fellinp
would operate with him as a standing
encouragement to official corruption,
knowing, as he would, that under ali
circumstances his own party associates
would rush instinctively to his defense
when he should be assailed. Another
necessary step in pacification has been
indicated in saying that the employment
OF the military in civil affairs should now,
once and forever, cease. Not more Ger
talnly would bullet in the living human
system, occasionally turned and moved
with the probe. be source of irritation
and at last of corruption and death, than
would military force occasionally en-
ployed in civil affairs breed like irrita-
"onj coTIupIiOn, anu ueaUn IN the body
polite. That the military must be
subordinate to the civil power is one of
the first maxims of constitutional govern
ment; it should be brought to the front
only as matter of ne ,essity, as a last re-
sort, and then only for the protection of
government, not as means of influenc,
ing the ordinary political action. For
ordinary purposes it is supposed the
usual administrative and ministerial Off
GERS are sufficient, and the use of the
military ought to be so rare as to be rel
garded as evidence that extraordinary
dangers exist or are threatened.


The further steps necessary in tho
pacification of the Southern States are,
the exhibition of steady purpose to re-
press disorders by whom soever commit
ted, and the practical recognition of the
principle that the law knows no distiuc-
tlons between citizens, ,and will recognize
all as having equal claims to protection
and consideration. No class or race of
men should be recognized as the peculiar
friends of the Government, no class as its
enemies; for so long as the one class are
treated as wards of the Government, and
hn AfI fIaAnR III, n