Year: 1877

of force or length of time may be requi-
site to subdue the insurrection of vio-
lence. Since no other provision of the
Constitution, as we have seen, is so i'm
perative in enjoining duty, so the dis
charge of no other constitutional duty
by the president is so essential to the
preservation of our dual system of gov
ernment. 1t is the bulwark not of state
rights alone, but of state life.


And now let me enquire what was
the action of the President under the
circumstances stated Did he dis
charge his constitutional duty by pro-
tecting the State of Louisiana against
domestic violence He made no at
tempt to do it. Being called upon by
the legislature of Louisiana in strict
conformity to the constitution, did he
enquire and determine, to use the
words of Chief Justice fancy, "what
body of men constitute the the Legis-
lature, and who is the Governor ?n
No, he did not. Assuming the right to
preserve the peace in Louisiana by the
military forces of the United States
pending his negotiations, right the
exercise of which was bold and fla
grant usurpation unless derived from
the duty he was at that very moment
refusing to perform, he enters upon
negotiations with those who by armed
violence and in military array are
menacing the lawful government of the
state.


Sir, have seen the hot Indignation
of outraged patriotism poured upon the
weak old man in whose feeble hands
the great rebellion found the powers of
this Government in 1860, because he
treated with the leaders and agents of
that rebellion, and could find no war
rant in the Constitution for "coercing a
state" 1 could frame an excuse for
James Buchanan. He was the decaying
fruit of half century of Northern sub
servience to Southern dictation, the
poor dregs of a wOrn-out politician
whose life had been spent in covering
submission to the will of those whom
he was now called to confront. But
what shall be said of this president,
educated by the events of the last
seventeen years-the long and perilous
struggle to save the nation to freedom
and justice-the representative of a
party whose life and inspiration in
every hour of its existence, has been
political justice and freedom for al
American citizens president who had
literally climbed to his high seat ovel
the dead bodies of hundreds of loya'
men in Louisiana, who had met deatl
in forms far more terrible than any
battle field, in order that the liberty o1
which they had tasted might be KEEP
for their children ? James Buchanan
l. -,EI, 81, l.,
were in arms against the United States
in order that he might by peacefu
agencies preserve the integrity of tn,
| Union and avert tratricidal war. This
president enters upon his negotiations
with those who are in arms against th,
lawful Government of Louisiana, il
order that he might the more surely
betray the friends who had trusted hin
and the cause he was sworn to uphold.


You are familiar with the story
President Hayes, instead of seeking t,
discharge his constitutional duty ac
cording to the plain letter of the Con


stitutiOn and laws; instead of inquiring
if he had doubts, ''what body of mel
constitute the legislature, and who i


the governor - instead of recOgnizin!
the palpable fact that an armed insur
rection against the lawful government


of Louisiana existed and had been ar


rested in mid career solely by the pres
ence of the military forces of the Unite,
States, and was still literally resting OF


its arms, dispatches to New Orleans


Commission of five-for what : Let tn


elaborate letter of instructions of hi


Secretary of State answer. Is it to in
| hnt Of mi l,


legislature and who is the Governor


No, that inquiry was foreign to his pur


pose. Is it to inquire whether in poiu


of fact an insurrection had arise


against the government of which Pack


ard was the head? No. That inquir


was already answered by the fact avOw


ed on the one hand and admitted on tn


other, that Governor Packard held hi
place against the insurrectiOnary force


solely by the protection of the militar
forces of the United States. The pres


ident's commission went to New Orleau


under instructions which forbade thei


discharging the duties appropriate t
such an occasion, and which directe


them to enter upon work foreign to an


Just conceptions of the Presidents du


ties or powers. They were directed


make "no examination into or repOl


upon the facts of the recent state ele(


ton, or the canvass of the votes cast {
that election" They were told that
was important to learn ''the real impeC


iments to regular legal and peaceful pro


ceedings under the laws and cOnstitutiO
of Louisiana" They were told thu


"the president desires that you shoul


devote your first and principal attentio


to removal of the obstacles to an az


acknowledgement of one government
, eff" says the secretary, ''thOse obst;


cles should prove insuperable, it shoul
, be your next endeavor to accompls
, the recognition of a single legislature ;


the depository of the representative wi


of the people of Louisiana. This gre;
: department rescued from dispute, I'll
rest of the problem could be gradual
, worked out" The commission is furtl


er informed of the ''eXtreme sOlicitudt
of the President to avoid using his al
T thority in influencing or determinin
contested elections in state, and I
"put an end to even the appearance
military Intervention in the domesti
affairs of the state;" and they are agai
! urged to secure a single legislator
7 with the significant hint that the pres
! dent will thus be relieved of his emba
) rassment, since the Legislature can alOI
J call for his aid under the Constitutio
, Now fellow-citizens, We cannot {
better than to pause here long enOue
f to consider the most extraordinary nj
, ture of these instructions. We shall Sc
if we look with our eyes and not vii
: our prejudices disregard not mere
e of the constitutional duty which the
confronted the president, but great
E disregard of the proper line which lin
: its the powers and functions of the gel