New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-01
TBE ENroRcEMENr OF THE LAW.

It seems that the Times can not compre-
bend our argument upon the legality and
constitutionality of the Presidents pro-
posed use of the military power to enforce
the naturalization and election laws of
Congress- Perhaps it is our own fault
but we propose now to state our PROPOSE
tons so that the Times can not but appre-
bend them, and will be compelled to ac-
knowledge its own error and the correct
ness Of our views.
The authority of the President in the
premises does not depend upon the fourth
section of article four of the constitution.
That section is as follows;
The United States shall guarantee to
every State in this Union a republican form
of government and shall protect each OF
them from invasion and on application OF
the Legislature Tor of the Executive, when
the Legislature cannot be convened, against
domestic violence.
The Times assumes that this provision
of the constitution was intended to pre-
vent, and in terms does forbid, the Presi-
dent sending troops into any one of the
States to enforce the laws This narrow
view of the scope and power of the ma
tional government sounds like an echo Of
the Confederacy.
The clause in question has reference to
the State governments, State laws, and
their dependence and subordination, IN
one respect at least, to the federal gov
eminent. Here the United States became
bound to guarantee TO all the States a "
publican form of government, and to lend
its assistance, at the request of the States,
to maintain such State governments hav
ing u republican form, whether against
foes from without or traitors within
Under this clause, and the laws of Con-
gress passed in conformity thereto, it
would be the duty of President Grant, at
the requisition of Governor Warmoth, to
order the United States troops in this city
to enforce the election laws of the State,
if the officers appointed under it should
be attacked by armed men on the day Of
election.
But the authority of President Grant to
send troops into New York city, or into
this city, or any where in the land, to en-
force the laws of Congress, depends upon
other constitutional provisions. The
laws Of Congress, enacted in conformity
to the constitution, are paramount. The
President, as the chief magistrate of the
nation, is charged by the constitution and
bound by his sacred oath of office to see
that all such laws of Congress be faith
fully executed. To this end he may use
the whole power of the government. So
jackson said and did when Charleston
nullitiers defied revenue laws; so Lincoln
did when the South sought to set aside
all federal authority. The nation has
justified both these great men.
Now to the facts in the present issue:
Congress, acting under express author
ity granted by the constitution, passed
an additional law relative to naturaliza-
ton. The enactment of this statute was
induced by the report of committee
which was appointed to investigate the
election frauds in New York city at the
last election; by the fact that twenty to
forty thousand fraudulent votes were cast
upon forged and illegally granted certi-
ficates of naturalization.
The Democratic mob of New York
openly and boldly threatens to defy this
law and to override the officers appointed to
execute it. Grant were f,ithless to his
oath and recreant to his duties did he not
use the whole power Of the government to
put down these lawless scoundrels.
There is also another law which it is the
Presidents duty to enforce by the use OF
the army, if necessary-the law enacted
to enforce the fifteenth amendment. The
amendment expressly authorizes Con-
gress to pass the law, and the law
expressly authorizes and directs the Pres
ident to use the army and navy to put it
into execution. We suppose that the
Times will say that the fifteenth amend
meut is unconstitutional
But all this croaking of the Democratic
party is consonant with its past treason
and present corruption.