New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-10-30
Is THE PRESIDENT RIGHT

SlStlIcG. IlS tt--O ID OLttt t'iU4NAS " NiAN
federal Constitution which plescribes that
when the assistance OF the United States
is needed by State to suppress disorder,
it shall be rendered on the demand Of the
Governor Thereof. Under this article the d.
Times ventures d6nunciation Of the
President for sending troops II New York
to sustain the United States Marshal il
enforcing law Of Congress- ana at The
same time it brayely casts at TIC hEPUB-
LIcAE a charge OF being de tippant up
holder Of Radical violations Of the constl-
tuition. Herein We propose to saddle the
ownership Of flippallt legal arguments OF
the proper shoulders And il doing so
We further intend to demonstrate that the
Times is neither legal in its arguments
nor sincere in its 0tJ-repa2ted demands
for electoral reform.
In the first place, tLl State Of New York
through her own officers, is the party that
offers resistance to the federal Law. Is il
prasumabie that the trainers Of the con-
stitution ever intended or expected that
the violators Of the law would call On the
President 70 suppress tLeir own crime:
Suppose the nation had waited fol- South
Carolina to call on tie President =, a.
sistance to suppress resistance to the laws
of Congress III the days OF Jackson and
Lincoln, how would the case nave stood
at present? Suppose the nation should
wait until Hoffman, Tweed n Go. called
on the President for assistance to prevent
Hoffman. Tweed { Co. from corrup,ing
the ballot-box in New York, in defiance OF
the United States Marshal, how long
would it stand in suspense: jackson was
sworn to uphold the revenue laws IN
Charleston, and he svore ''by the Eter-
nal" he would 90 it to "preserye the
Union" He acted on the suggestion OF
United States officers that federal law
was inoperatiys in Charleston because the
State had alrayed herself i'll opposition
thereto. He never proposed to wait until
| resistance solicited its own suppression.
His oath of Office bound him to maintain
and enforce the law, and he prepared to
fulfill his duty Just rs General Grant pro-
poses to keep his oath to maintain
and enforce the law in New iorh.
The difficulty with the Times is That its
legal editor has never been able to separate
the federal authority into that dual system
which provides for its own maintenance
first and the maintenance OF the State,
next. 1t is the question of secession -.
newed. The Tins is evidently I'm
| divorced from the old doctrit. o. State
supremacy. Our position is the mo.a
forcible and approved, because i. is the
clearast to be understood, and Is ii entire
accord with the decision Of the ballot and
the bayonet. The people have rendered
judgment Of Interpretation as to the power
of the general government, both By cleo
tons and by battle. They have declared in
themost emphatic mannec that the nation
is supreme in its sphere, and that Congress
is the Judge Of the extent OF this sy,-
premacy, under it5 0ath to administer the
government according to the constitution.
There is but one way to impoach the will
of the national legislature, or to impede
the e.,ecution OF It's laws, and that is bJ
an appeal to the law The President i,
the executive Officer. charged With the
enforcement Of the statutes as they are
officially signifed to lin by the
legislature. He is not authorized tC
suspend law because Of It's supposed in
validity but must go Gu to enforce It un
til the parties that are aggrieved at its op
erations arrest his action by suspensiy,
wits from the legal tribunals. He cal
not stop because Governor Hoffman
threatens TO resist. He is not presumed
to know Governor Hoffman as an opno
nent of federal law His mandate i
issued to a United States Marshal, and i!
returnable to the United States author
ties. It runs in the shape Of 4 commaD-
that the Marshal shall do certain act II
conformity with law Of Congress. Til,
Marshal is not to stop i'll his line OF duty
for any obstacle, except q revocatory or
der from an officer authorized by tht
United States to supervise and suspend
his action. TIE army and navy ere lndi
rectly at his command to aid i'll SERVING
the mandate He is absolutely independ
ent Of State authority. And il the even
of collision between the federal officer anc
the State officer, the former is supposed
to be the superior, because he represent
the whole sovereignty, while the latte
only represents a fragment If the Stat
feels that She has been wr0nged, there IS
tribunal appointed to redress Ler GrleT
ances. And as this arbitrator represent
the State as well as the nation, it has al
ways been found that ample PREPARATION
has been made by the Union where 81
has ercroacAed upon the rights Of he
constituent elements, OF has even offended
uselessly their dignity. The failing Q
the nation has been that OF to much lib
crafty toward refractory communities
: The Republic has been weak III ASSERTING
f her own prerosatives, and liberal in re
e warding the States that have done her
e service.
The matter Ct this dispute, therefore
narows itself DOWN to a simple propose
, ton, whether the President shall shrin
from enforcing law because the offender
against whom the law is directed resist il