Year: 1874

Duty OF Congress.


1t is for many reasons desirable that Con-
gress should act on the recommendation Of
the President, repeated from last year in his
annual Message, and relieve him from his un-
pleasant responsibility. With the single eI-
ception of the Louisiana case, in which the
first steps of General Grant were precipitate
and ll-advised, he has evinced praiseworthy
caution and proper reluctance in interposing
officially in the domestic politics of the South.
When the application came from Texas he
refused to interfere, and the result vindicates
his wisdom, no State in the Union having
been more quiet and orderly than Texas since
his refusal. In the Arkansas excitement last
spring, he stood aloof as long as he could.
and when he did act his recognition Of Bax-
ter was SO fit that it silenced adverse criti-
csm in every quarter. Had it not been for
the New Orleans fne,Ae under Penn in
September, which compelled fresh
interference in Louisiana, the President
would have effaced the censure which
fell upon him for abetting the Kellogg
usurpation. But it was impossible for him to



Der, although if he had been at liberty to
abandon Kellogg at that stage Louisiana
would have been thenceforward quiet and
orderly State. It is unfortunate that Con-
gress did not intervene last winter to save the
President from the necessity Of going on in
the path he mistakenly marked out for HIM
self when he made Kellogg Governor


It is to be hoped that Congress will now come
to the Presidents relief and accept the response
bility which belongs to that body in all similar
CAGES. Were it not for the new complication
in Louisiana, which may require immediate
action, this whole class of questions might
safely await the action of Congress. Arkansas
has government which is, unquestionably,
supported by large majority of the citizens
and nobody can doubt that the tranquility
of the State will be maintained by the
easy method of leaving it to itself
In the more recent Mississippi case
it is not probable that an application
will be made to the President the action
of Governor Ames and the Warren county
negroes being too utterly indefensible to in
vite official investigation and exposure Not.
withstanding the ominous state of things in
New Orleans we trust that the action of the
Returning Board may lead to no disturbance
of the peace, and that nothing may occur
requiring the Presidents Intervention until
Congress shall have had time to investigate
the subject and define his duties.


All the action Of the President in cases of
this kind is based upon an old law passed in
the last century, by Congress which had no
foresight OF the kind of difficulties which have
arisen since the civil war. Nothing is more
certain than that the law Of 1896 did not con-
template decision by the President between
contesting candidates for State Off ces where
the only point in controversy is which of two
competitors was legally elected. Congress
ought to amend the law and.adapt it to this
class of cases, which never arose until within the
last two years, but have since become so COM
mon. The wisest law that could be passed
would be one forbidding any interference Of
the President with the result of an election and
requiring him to support the officers whom an
uninfuenced Board of Canvassers declared
elected until Congress could make inquiries,
and reverse the action of the State Canvass
ers if it found reasons to justify interven-
ton for that purpose. Had such law been
in force two years ago this scandalous Louisi-
ana broil would not have arisen. No well in
formed man doubts that if the President had
been compelled by law to keep aloof two years
ago, pending the action of the Returning
Board in Louisiana, McEnery would have
been declared elected and that order and
tranquility would have been maintained in
the State during these years Of turmoil and
disgrace There will be no end Of such
troubles if partisan President is left free to
step in before the returns of State election are
canvassed and cut the Gordian knot by meas
ures for installing the candidate supported by
his own party. 1t is indispensable that Con-
gress should define his duties in matter SO
delicate and so nearly touching the vital prin-
ciple Of free institutions. The President
should be permitted to have nothing to do
with declaring the result Of State election.
This should be left entirely to State officers,
acting under State laws, and it should be
made the duty of the President to provision
ally support their declaration, whatever it
may be, and, if he doubts the validity of q
State election as declared by the State can
vassers to submit the question to Congress-
maintaining the officers returned as elected
until Congress shall have acted on the ques-
ton. Had such law been in existence two
years ago President Grant would have escaped
all the embarrassment the South all the con-
fusion and the republican party all the scandal
which started with the aid given to Kellogg's
usurpation.


It Is evident from President Grants recent
Message that q more precise law on SUBJ
jects of this class would have rendered
his duties easy and have saved him from
much embarrassment After his Intervention