he
House refused to pass an Army Bill the next year, except on
condition that the soldiers should not be used to support
the State Government.

It became necessary to call a special session of Congress
in October, 1877, by reason of the failure of the Army Appropriation
Bill the winter before. The first chapter of the Statutes
of that session, being an act making appropriations for the
support of the Army for the fiscal year ending June 30, 1878,
and for other purposes, enacts "that none of the money hereby
appropriated shall be expended, directly or indirectly, for
any use not strictly necessary for, and directly connected
with, the military service of the Government; and this restriction
shall apply to the use of public animals, forage, and vehicles."

It was, therefore, President Hayes's Constitutional duty,
in my judgment, to desist from using the military power of
the Government on the 30th day of June, 1877, when the fiscal
year expired for which there was an appropriation for the
support of the Army. In fact he removed the troops a little
earlier. But he received assurances from the Democratic leaders--
whether they were made good I will not now undertake to inquire--
that there should be no unlawful force on their part after
the removal of the troops. Mr. Hayes was right and wise
in securing this stipulation if he could, by freeing these
communities from military grasp a few weeks before he would
have been compelled to do it at any rate. Obedience to this
clear mandate of Constitutional duty was not in the least
inconsistent with a faithful and vigorous use of all the other
powers which were lodged in his hands by the Constitution
for securing the rights of the colored people, or the purity
and integrity of National elections. It is true that substantially
the same vote elected Packard of Louisiana as that which chose
the Hayes electors. But the authority to declare who is the
President lawfully chosen, and the Constitutional power to
maintain the Governor in his seat by force are lodged in
very different hands. The latter can only be used by the
National Executive under the circumstances specially described
in the Constitution, and it can never be used by him for any
considerable period of time contrary to the will of Congress,
and without powers put in his hands by legislation which must
originate in the body which represents the people.

The infinite sweetness and tact of his wife contributed g