A Compilation of the Messages and Papers of the Presidents by James D. Richardson

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It will be readily understood that the service desired of and intrusted
to this commission does not include any examination into or report upon
the facts of the recent State election or of the canvass of the votes
cast at such election. So far as attention to these subjects may be
necessary the President can not but feel that the reports of the
committees of the two Houses of Congress and other public information at
hand will dispense with and should preclude any original exploration by
the commission of that field of inquiry.

But it is most pertinent and important in coming to a decision upon the
precise question of Executive duty before him that the President should
know what are the real impediments to regular, legal, and peaceful
procedures under the laws and constitution of the State of Louisiana by
which the anomalies in government there presented may be put in course
of settlement without involving the element of military power as either
an agent or a makeweight in such solution. The successful ascertainment
of these impediments the President would confidently expect would
indicate to the people of that State the wisdom and the mode of their
removal. The unusual circumstances which attended and followed the State
election and canvass, from its relation to the excited feelings and
interests of the Presidential election, may have retarded within the
State of Louisiana the persuasive influences by which the great social
and material interests common to the whole people of a State, and the
pride of the American character as a law-abiding nation, ameliorate
the disappointments and dissolve the resentments of close and zealous
political contests. But the President both hopes and believes that the
great body of the people of Louisiana are now prepared to treat the
unsettled results of their State election with a calm and conciliatory
spirit. If it be too much to expect a complete concurrence in a single
government for that State, at least the President may anticipate a
submission to the peaceful resources of the laws and the constitution of
the State of all their discussions, at once relieving themselves from
the reproach and their fellow-citizens of the United States from the
anxieties which must ever attend a prolonged dispute as to the title and
the administration of the government of one of the States of the Union.

The President therefore desires that you should devote your first and
principal attention to a removal of the obstacles to an acknowledgment
of one government for the purpose of an exercise of authority within
the State and a representation of the State in its relations to the
General Government under section 4 of Article IV of the Constitution
of the United States, leaving, if necessary, to judicial or other
constitutional arbitrament within the State the question of ultimate
right. If these obstacles should prove insuperable, from whatever
reason, and the hope of a single government in all its departments
be disappointed, it should be your next endeavor to accomplish the
recognition of a single legislature as the depositary of the
representative will of the people of Louisiana. This great department of
government rescued from dispute, the rest of the problem could gradually
be worked out by the prevalent authority which the legislative power,
when undisputed, is quite competent to exert in composing conflict in
the coordinate branches of the 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.

A second and less important subject of attention during your visit
to New Orleans will be the collection of accurate and trustworthy
information from the public officers and prominent citizens of all
political connections as to the state of public feeling and opinion in
the community at large upon the general questions which affect the
peaceful and safe exercise within the State of Louisiana of all legal
and political rights and the protection of all legal and political
privileges conferred by the Constitution of the United States upon all
citizens. The maintenance and protection of these rights and privileges
by all constitutional means and by every just, moral, and social
influence are the settled purpose of the President in his administration
of the Government. He will hope to learn from your investigations that
this purpose will be aided and not resisted by the substantial and
effective public opinion of the great body of the people of Louisiana.

The President does not wish to impose any limit upon your stay in
Louisiana that would tend to defeat the full objects of your visit. He
is, however, extremely desirous to find it in his power at the earliest
day compatible with a safe exercise of that authority to put an end to
even the appearance of military intervention in the domestic affairs of
Louisiana, and he awaits your return with a confident hope that your
report will enable him promptly to execute a purpose he has so much at
heart.

The President desires me to add that the publication of the results of
your visit he shall hope to make immediately after their communication
to him.

I have the honor to be, with great respect, your obedient servant,

WM. M. EVARTS.

[From Letters and Messages of Rutherford B. Hayes, p. 25.]

EXECUTIVE MANSION, _Washington, April 20, 1877_.

Hon. GEO. W. McCRARY,
_Secretary of War_.

SIR: Prior to my entering upon the duties of the Presidency there had
been stationed, by order of my predecessor, in the immediate vicinity
of the building used as a statehouse in New Orleans, La., and known as
Mechanics' Institute, a detachment of United States infantry. Finding
them in that place, I have thought proper to delay a decision of the
question of their removal until I could determine whether the condition
of affairs is now such as to either require or justify continued
military intervention of the National Government in the affairs of
the State.

In my opinion there does not now exist in Louisiana such domestic
violence as is contemplated by the Constitution as the ground upon which
the military power of the National Government may be invoked for the
defense of the State. The disputes which exist as to the right of
certain claimants to the chief executive office of that State are to be
settled and determined, not by the Executive of the United States, but
by such orderly and peaceable methods as may be provided by the
constitution and the laws of the State.

Having the assurance that no resort to violence is contemplated, but, on
the contrary, the disputes in question are to be settled by peaceful
methods under and in accordance with law, I deem it proper to take
action in accordance with the principles announced when I entered upon
the duties of the Presidency.

You are therefore directed to see that the proper orders are issued for
the removal of said troops at an early date from their present position
to such regular barracks in the vicinity as may be selected for their
occupation.

R.B. HAYES.

EXPLANATORY NOTES TO SPECIAL MESSAGES, VOLUMES I AND II.

Message of February 8, 1792, Vol. I, p. 116: Transmitting an account of
John B. Cutting for expenditures incurred in liberating seamen of the
United States in British ports during the impressments by the British
Government in 1790.

Message of February 7, 1794, Vol. I, p. 151: Extraordinary commission of
Guadaloupe apply to Congress for aid in men, provisions, and ammunition.

Message of March 18, 1794, Vol. I, p. 152: Transmitting an application
by the minister of France for an advance of $1,000,000 on account of the
debt due by the United States, correspondence between the Secretary of
State and the minister of France relative thereto, etc.

Message of February 4, 1795, Vol. I, p. 175: Transmitting letters from
the Secretaries of State and the Treasury concerning the negotiation of
a loan in Holland.

Message of January 5, 1798, Vol. I, p. 260: Transmitting a report of
the Secretary of War stating that the five clerks in his office were
insufficient to transact the business and asking a larger appropriation
to enable him to increase the number.

Message of March 5, 1798, Vol. I, pp. 263-264: Transmitting a message
of the Executive Directory of France to the Council of Five Hundred and
decree of that council of January 11, 1798, declaring neutral vessels
laden with English merchandise lawful prize.

Message of January 28, 1799, Vol. I, pp. 281-282: Edict declaring that
"every individual, native of friendly countries allied to the French
Republic, or neutral, bearing a commission granted by the enemies of
France or making part of the crews of ships of war, and others, enemies,
shall be by this single fact declared a pirate and treated as such
without being permitted in any case to allege that he had been forced
into such service by violence, threats, or otherwise."

Message of January 13, 1800, Vol. I, p. 301: Relating to the Military
Academy and the reorganization of the Army.

Message of January 14, 1800, Vol. I, pp. 301-302: Letter from John
Randolph, jr., demanding that certain officers of the Army or Navy be
punished for grossly and publicly insulting him for advocating in the
House of Representatives a reduction of the military establishment.

Message of April 20, 1802, Vol. I, p. 341: Relating to spoliations
committed on the commerce of the United States under Spanish authority
and to the imprisonment of the American consul at St. Jago de Cuba.

Message of December 22, 1802, Vol. I, p. 346: Transmitting letters
from the governors of the Mississippi Territory and of Kentucky, etc.,
relative to the prohibition by authorities of Spain to land American
cargoes at New Orleans, in violation of treaty rights.

Message of December 31, 1804, Vol. I, p. 375: Relating to the
bombardment of Tripoli, vessels engaged, number of men, etc.

Message of December 30, 1808, Vol. I, p. 458: Resolutions of the
legislature of Pennsylvania expressing confidence in the General
Government in its attitude toward foreign powers, indorsing the embargo
as a wise measure, etc.

Message of June 4, 1809, Vol. I, p. 471: Transmitting resolutions of the
Pennsylvania assembly protesting against the decision of the Supreme
Court in the case of Gideon Olmstead.

Message of December 16, 1809, Vol. I, p. 478: Transmitting documents
connected with the arrangement between D.M. Erskine, minister
plenipotentiary of Great Britain, and the Secretary of State of the
United States, making reparation for the attack on the _Chesapeake_
and providing for the suspension of the embargo and nonintercourse laws
and the withdrawal of the orders in council, etc.

Message of January 31, 1811, Vol. I, p. 489: Transmitting documents
relative to negotiations with France for the repeal of decrees violating
the neutral commerce of the United States, etc.

Message of December 27, 1811, Vol. I, p. 497: Transmitting resolutions
of the legislature of Pennsylvania expressing confidence in the wisdom,
patriotism, and firmness of the President and Congress relative to
affairs with Great Britain and pledging support in case of an appeal
to arms.

Message of September 26, 1814, Vol. I, p. 551: Transmitting
correspondence relative to an order of the British admiral, Alex.
Cochrane, "to destroy and lay waste such towns and districts upon the
coast as may be found assailable," in retaliation for acts of the United
States Army in Upper Canada.

Message of February 5, 1821, Vol. II, p. 83: Transmitting correspondence
with Great Britain relative to the commercial relations between the
United States and the British colonies in the West Indies and in North
America, etc.

Message of February 3, 1823, Vol. II, p. 200: Transmitting a memorial
of the legislative council of Florida relative to the expediency and
necessity for further legislative provision for the government and
improvement of Florida.

Message of February 17, 1825, Vol. II, p. 284: Transmitting
correspondence with France relative to the interpretation of the eighth
article of the treaty for the cession of Louisiana.

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