Year: 1877


as we'll as the privileges of
the Executive-to take both, undivided.
One obligation is: to furnish a good civil
service to the country. The privilege is;
to select the instruments that shall per.
form this service for which the Execu-
tive is responsible. Practically, the
privilege part has been for many years
usurped by Congress. Consequently the
obligation has been diffused, diluted, un
til one could hardly tell whether it had
the flavor of the Executive or of the
nominating caucus of the " deestrick."


The President has been in Office only
one month. If one will stop to consider,
it is something wonderful that he should
have been able in that short time to so
impress the public with sense of
security and reliance. The work has
been swift and nOiseless, like that of all
well-disciplined forces. The changes in
the service have been few, but they have
been at the root. 1t is the method that
has convinced. The method teaches the
people to know as certainly that there
will be good civil service as we may
know there will be good crops when the
season has been favorable.


So also in the most perplexing business
of the rival Government claimants in the
South. This business was as difficult as
going two ways at once. do not ex-
pect to please everybody" said the Pres
ident. 1t was easier to exasperate both
sides than to conciliate either. There
was so much TO be said, fairly and con-
scientiously, on either side, that it would
take columns to merely state the case.
Yet the reason of things-the elements
are usually to be found within small
compass. The elements here were found
in the Constitution. Overlooking all the
wild jungle of dispute as to votes, frauds,
murders, and what not, in the States
themselves, the President laid down the
square on the Constitution, to rule out
the single plain line marking the right
full and constitutional relations of the
Executive of the nation to the autonomy
of the States If this line led into the
Jungle, the first work would be to clear
itout. Let us see: Art. 4, Sec 4, Clause l.


The United States shall guarantee to
every State in this Union a republican form
OF government and shall protect each of
them agsinst invasion, and on application of
the Legislature, or of the Executive (when
the Legislature cannot be convened), against
domestic violence.


Now, it seems TO us that the single
question to be determined by the Presi-
dent, with relation to the States of South
Carolina and Louisiana is whether con-
tested election which puts the CLAIM to
the State Government in dispute consti-
tutes such domestic violence" as to au-
thorize the employment of the national
troops, antecedent to any exercise of
physical force by either claimant, and
before any decision of the contested cleo
tion by the duly-authorized State au-
thorities. We do not find in the Consti.
tuition any authority for either the Execu.
tive or Congress to decide a contested
| State election. If there is any authority
under the National Constitution in this
matter it would seem to be under Art. 3,
Sec Q, Clause 2, namely: That in all
cases, in which State shall be party,
the Supreme Court shall have jurisdic-
ton" If the State is made a party by
relation in quo todrrGntO, perhaps the
national judiciary might have jurisdic
tion of the question who constitutes the
State Government. So long as it is 0
mere question of contested election, VIZ
do not see what other department of the
National Government can interfere. Even
in case of clearly revolutionary attempt
by one totally without credentials u
overthrow the lawful State Government
by violence, we do not see how the Presi
dent can constitutionally interfere, ex
cept upon the call of the Legislature, o.


the Executive when the Legislature can


not be convened. The power TO inter
fere for the protection of citizens agains


conspiracies" which threaten the losl
of civil rights has led to loose mode ot
thinking on this subject, which has dom
much to confuse the public mind as Il


the power of interference with the Stat


Governments in their specific characte
as such. 1t should be more accuratel,


noted that the citizen of the UniteC


States in his rights and privileges di


rectly derived as such citizen is on
thing, and the State in its autonomy /
another and very different thing.


We cannot undertake to discuss thi
question here, however. We have re
ferred TO it more for the purpose of not


ing the excellence of the President


method and the quick growth of the pub


lie confidence in it.. Nothing succeed


like success" 1t remains for Wad
Hampton TO demonstrate the good fait


of his guarantees of equal protection I
all citizens alike, by an impartial admir-
istration of the laws, to satisfy all res


sonable men with the disposition of tn
South Carolina case. And no othe
thing can do so much as this towar
solving the Louisiana difficulty - OH
Cfo{a To,grn1L