Year: 1877

the South, but he should have the encourage
ment and aid of the great mass OF our inteilgent


and patriotic people, to carry out his broad, wise


and benign policy, and to defeat the seotionsl,


clared war against him.


such aid and announcement may be rendered


to him, by the exercise Of patier ce, and spirit


of tolerance and cordial cooperation ana aeqai-


escsncs in such modes Of adjustment OF our DIN


cult and vexatioue "Louisiana oases" as Will give


his assailanta no grounds on which they can oper-


ate to weaken him by appeals 10 saumperlng


partisan passions and prejudices, fuly agree
which surrender clear rights, bat do not concur


in the too common philippe against al eompro'


nises and adjustments which aim TO determine


political conflict, as preferable TO revolutionary


methods and violence. Our whole government


since its Foundation originated in and has been


conducted by such compromised. You have
clearly marked the limits and character
istics Of the compromises which fseemen and


the members OF all political societies
NAV, and ought always wisely to make and ac-
cent s'our fortunes are wretched indeed. But
they cannot be bettered by any compromise
which involves the surrender of any right or
privilege we are eutitled TO under the constitu-
ton and laws of the country"


I am far, therefore, from inferEing from this
denunciation that you would sanction anything
like precipitate rejection refueal TO receive
and consider any practical plan OF settling our


case, which, whilst protecting our rights and Sc
curing the installation of the constitutional gov
ernment of Louisiana, would be in accord with
the views of the President as to his duty rnder
The law, and would sAve us from the continuance
Of our present revolutionary attitude and status.
Hence, think If the President should send


any confidential friend and representative to our
State, with view OF sscertaining the true state
OF the facts and reporting the eane with sug-
cestons as to the wisest mode OF adjusting our
difficulties he or they should be received with
cordial good will and with frank and friendly
4 .,~rf Il Ia


est sincerity, and desire for peaceful and law
fGl adjustment.


| It should be borne In mind that under the
Constitution and laws et the United States it ia


made the duty of the President to ascertain for
himself the legitimacy OF the government which
claims bis recognition. His duty on this subiect


is thus clearly defined by Chief Justice Fansy. ia
| the celebrated case OF Luther VS.. Borden, re.
ported in 7th Howard.


$50, too, as relates to the clause in the abeve


mentioned article Of this constisutis.s, providing
| for cases OF domestic violence. It rested with
| Oengress, too, to determine upon the means
| proper to be adopted to fulfll this guarantee,
| They might IL they had deemed ii mest advisa-
| BILE to de so, have placed it IN the power Of
court to decide when the contingency had hap
penad whish required the Federal government
| to interfere But Congress thought otherwise,
| and 30 doubt wisely, and by the act OF February
49, 1895 provided that in case OF an inaurrectios
in any State against the government thereof it
|


States, on application of the Legislature OF sueh
stsre, or of the Executive when the Legisla-
ture cannot be convered, TO call forth
such number Of the militia OF any othsr


State or States as may be applied foy, as he may
judge sufficient to suppress sHcn insurreetion.
By this act the power Of deciding whether the


emergency had arisen upon which the govern


sent Of the United States is bound to interfere,


is given to the President He 10 to act upon the


application OF the Legislature or OF the Execu-


tive and consequently he must determine what


body of men constitute the Legislature and who


is the Governor before he can act. The fact that


both parties claim the right to the government
cannot alter ske case, for both cannot be entitled


to it. II there is an armed conflict like the one
of which we ars speaking. it is case of dones-
in insurrection against the lawful govern
ment. And the President must Of me-.
cesSity decide which is the government and
which party is unlswiully arrayed against it be-


fore he can perform the duty imposed upon him
by the act of uongress"


In view of this statement Of the law ard the
duty of the President it must be obvious that the


facts and proofs of the legitimacy Of the govern


ment of Governor Nichols must be placed before


the President in such tangible form as will enable


ticaly amount to the same, to refuse re-
cognition of Packard To accomplish
this, it may be necessary, and
it would certainly bes proper, to consider AID


determine upon plan OF settlement which would
leave no cloud or doubt of the consttutsonality
or legality Of the Niehslls government do not


say that the result may not be reached other


wise. but if such method should be proposed ]


think 1t ought 20 be received in spirit of gener-
eus confidence and patriotic good feeling and


good will, even If it should involve & tax upon
our patience, ssrreHder ct partisan prejudice,
sacrifice OF partisan aspirations and dissolution
OF partisan ties. 4. ".