A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.
History
A Compilation of the Messages and Papers of the Presidents. Section 1 (of 3) of Volume 10.
Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
An attentive consideration of the conditions under which the Federal
Constitution and the acts of Congress provide or permit military
intervention by the President in protection of a State against domestic
violence has satisfied the President that the use of this authority in
determining or influencing disputed elections in a State is most
carefully to be avoided. Undoubtedly, as was held by the Supreme Court
in the case of Luther _vs._ Borden, the appeal from a State may
involve such an inquiry as to the lawfulness of the authority which
invokes the interference of the President in supposed pursuance of the
Constitution; but it is equally true that neither the constitutional
provision nor the acts of Congress were framed with any such design.
Both obviously treated the case of domestic violence within a State as
of outbreak against law and the authority of established government
which the State was unable to suppress by its own strength. A case
wherein every department of the State government has a disputed
representation, and a State therefore furnishes to the Federal
Government no internal political recognition of authority upon which the
Federal Executive can rely, will present a case of so much difficulty
that it is of pressing importance to all interests in Louisiana that
it should be avoided. A single legislature would greatly relieve this
difficulty, for that department of the State government is named by the
Constitution as the necessary applicant, when it can be convened, for
military intervention by the United States.
If, therefore, the disputing interests can concur in or be reduced to a
single legislature for the State of Louisiana, it would be a great step
in composing this unhappy strife.
The President leaves entirely to the commission the conciliatory
influences which, in their judgment formed on the spot, may seem to
conduce to the proposed end. His own determination that only public
considerations should inspire and attend this effort to give the
ascendency in Louisiana to the things that belong to peace is evinced
by his selection of commissioners who offer to the country in their
own character every guaranty of the public motives and methods of the
transactions which they have undertaken. Your report of the result of
this endeavor will satisfy the President, he does not doubt, of the
wisdom of his selection of and of his plenary trust in the commission.
Public-domain text, read in full here on John Shaqi.
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