144 



CONGEESS, UNITED STATES (1873). 



182 ; what do we know on this subject ? 182 ; 

 it is the duty of the President to foresee the 

 possibility of collision between rival claim- 

 ants, and to be ready to meet it, 183 ; this is 

 denied, 183; has the President interfered? 

 184 ; previous acts of Congress, 184 ; a mar- 

 shal may call in the aid of the army, 184 ; that 

 would break up military operations, 185 ; the 

 army cannot be summoned without the au- 

 thority of an act of Congress, 185 ; the in- 

 stance of the fugitive-slave law, 185 ; nature 

 of the posse comitatus, 186 ; what is left of the 

 Democratic party? 186; the civil-rights bill, 

 186; a 'general power without the authority 

 of law, 187; whence is the power derived? 

 187; what is meant, when the Constitution 

 says the President shall take care that the 

 laws be faithfully executed ? 187; he cannot 

 under this provision employ at his mere will 

 the army and navy as a part of the posse comi- 

 tatus, by putting them under a civil officer, 

 188 ; he shall take care that the laws are ex- 

 ecuted in the manner provided by law, 188 ; 

 the act of 1861, 188 ; we are in the dark as to 

 the facts, 189 ; a Federal court has no right 

 to overturn one government and set up an- 

 other, 189 ; what is the case when he may 

 call forth the militia for the suppression of 

 insurrection ? 189 ; what are the prerequisites 

 of the law? 190; who has the power to call 

 forth the militia? 190; the enforcement act, 

 190 ; provisions of the act of 1795, 191 ; the 

 act of 1807, 191 ; extracts from the act of 

 1795, 191 ; when is it that the President can 

 call forth the militia? 192 ; what has been the 

 practice of the Government? 192; what is a 

 combination of insurgents? 192 ; the enforce- 

 ment act of 1871, its powers and exceptions, 

 193 ; the provision of the Constitution and its 

 meaning, 193; the proposal to rebel against 

 the decision of courts, 193; the judicial is 

 bound by the political department, on the 

 question what is the lawful government in a 

 State, 194; the case of Rhode Island, 194; 

 what was the case before President Grant? 

 1 94 ; the laws authorize the contest of elec- 

 tions and provide the tribunal to try it, 194; 

 now, what is the duty of the President? 195 ; 

 it is for Congress to decide, and, in the ab- 

 sence of that decision, the President decides, 

 195. 



Message from the President relative to affairs 

 in Louisiana, 195. 



In the Senate, a bill to establish a govern- 

 ment in Louisiana considered, 196; the bill, 

 196, 197; substitute offered, 198; now, what 

 is it necessary for Congress to do? 198 ; let us 

 see what are either admitted or undeniable 

 facts, 198; is there a lawful government in 

 Louisiana ? 199 ; what is said in answer to this ? 

 199 ; we are bound to decide that question for 

 ourselves irrespective of any decision of the 

 Supreme Court of Louisiana, 199 ; look at the 

 facts to find out which was the Legislature, 

 and what do you find? 199; the true solution 

 is to recognize McEnery as Governor, 200 ; no 

 one recognizes the McEnery returns as legal, 

 200 ; both elections fraudulent, but more evi- 

 dence of fraud on one side than on the other, 

 200; this whole matter is a State question, 

 201 ; not a question in this case that does not 

 arise under the constitution and laws of Lou- 

 isiana, 201 ; the State tribunals have settled 

 them, 201 ; if the Legislature decides fraudu- 

 lently, we have a right to inquire into the 

 organization of the State government, 202 ; we 

 must determine, upon the evidence, which is 

 the government, or let the present one go on 

 until the people determine it, 202 ; better to 

 set both the contestants aside, 202; in the 

 mean time, who shall perform the ordinary 

 executive functions ? 203 ; one of three things 

 to be done, 203 ; the statement that the elec- 

 tion was an organized fraud is without a basis 

 to rest on, 203 ; evidence of the canvassers, 

 203 ; shall the present government continue or 

 not? 204; bill rejected, 204 ; motion to recon- 

 sider and bill laid on the table, 204. 



In the Senate, the bill to create a commis- 

 sion to award the indemnity fines paid by 

 Great Britain considered, 204; grounds for 

 the bill, 204; history of these claims, 204; her 

 Majesty's Government committed no wrong in 

 a personal sense against any citizen of the 

 United States, 205 ; the failure of the British 

 Government in the performance of its duty 

 was a national failure, 205 ; the cause of our 

 complaint was the assistance she rendered to 

 the Confederates, 205 ; the treaty looks not to 

 the payment of any citizen, 206; course of 

 historic precedent in reclamations, 206; the 

 High Commission considered this question as 

 an international one, 206 ; what did they do ? 

 206; the articles of the treaty, 207; we are 

 under no obligation to do with the award any- 

 thing but what we think right, 208 ; the scope 



