The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-21

U
cisions made by the three separate de
partments OF the Government, as TO
the same matter, and for ought that
Mr. Hendricks has shown Us, no pos
sible means of reconciling this ire
pressible conflict"
You have Congress, for instance,
admitting Senators elected by Leg
islature that is repudiated by the
President and the Supreme Court ;,
and you have the Supreme Court
recognizing Courts as legitimate
Courts Of the State, the Judges ofwhich
are elected by a Legislature which
Congress and the President both re-
pudiate; and you have the President
recognizing as Governor of the State
a person whom Congress and the ju-
dietary denOunces as usurpers.
But our Senator has saved me the
trouble of refuting this theory. by
doing the work himself. In another
part of his speech in commenting
upon the Rhode Island case (Luther
VS. Borden and others, 9TH Howard
page L. he says that case " establishes
this proposition; that the Executive
Of the United States having rec0gniz
ed a State Government, the State
AiaNAu& OuIO bNCu III tue OulOus budl
recognition Is binding upon the judi
eiary.
Now, although the Court 10 that
case established no such proposition,
let US for the sake of the argument
suppose it did, and what is the effect
of that doc4Tine upon the other posi-
ton that this section of the COnstitu-
ton is addressed to each department
s.E A.,f L. L
testify absurd to say that the language
speaks to each department and yet
that the decision Of the Executive
Department Is conclusive on the
Courts. Suppose the Courts should
afterwards make a contrary decision.
then we should have the spectacle of
the President overruling the Supreme
Court.
But Mr.. Hendricks does not state
the doctrine established in the Rhode
Island case correctly. Ia that case
each claiming TO be the legitimate !
Island. One was the old government |
existing az the commencement Of the
Revolutionary war, and known as the
q new Government, known as the
Dorr Government. An appeal was
about TO be made to the sword to
settle the question which was legiti-
mate. Gov. King, the acting Gov
ernOr under the old Government, ap.
piled to the President for aid to pro
tect the State from domestic violence
threatened by the Dorr party, not be
nmrrga khn NapsArks,ksnv. ttso1c Il |
President power to grant such aid,
but because Congress, by an act passed
In 1875, had expressly authorized aud
empowered the President. In case
Of an instruction in any State
against the Government thereof. on
application Of the Legislature Of
such State, or of the Executive (when
the Legislature cannot be convened)
to call forth such number of the mill
tia of any other State or States as
might be applied for, or as the Presi-
dent might Judge sufficient to suppress
such instruction"
The President recognized this call.
and In doing so recognized Governor
King as the legitimate Governor of
Rhode Island. The question was
fairly presented to the Supreme Cour
In this case whether the Charter
or the DOrr Goveroment
was the legitimate Government of the
State of Rhode Island.
Now the Court had to decide
that question was a political
question or judicial question. If it
was a judicial question, the Court
itself was bound to decide it without
reference to what any other depart
ment had decided or might decide.
The Court in terms decided that it
was a political question and not a iu-
dicial question; and that the Consti-
tuition of the United States, in the
section containing the guarantee
clause, had placed the power to decide
all such questions between rival State ,
In the hands of the !
political department, that is, in the ,
hands of Congress. But that because
Congress had passed the act of 1895,
giving the President the power of ,
deciding whether the exigency had
arisen upon which the Government
of the United was bound to interfere.
his decision was conclusive on the
Courts. q
The Courts expressly say that Con-
gress might if they had deemed II :
most advisable to do so. have placed
it in the power of a Court to decide e
when the contingency had happened \
which required the Federal Govern
ment to interfere. But Congress had
thought otherwise, and had given the 9
power to the President. That he is /
to act upon the application of the I
Legislature or Executive Of the State,