New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-25
DEUlsIoN or EITHER EISAI.

III beeom2s necessary for tbs REFUBLrc Al
/ 5fcm time 80 tine 10 instruct our attorneys
and professors OF national jurisprudence il
f! .ho law which they talk 40 much about. and
| Of which many q them know so little. The
| position that has been uniformly held By US
i fortified by Tie judgments aud rulings OF
the highest tribunal Of the nation for more
| than thirty years. The decision published
| below was given by the Supreme Court OF
| The United States during lyler's admins.
| tratiDn when Chief Justice T&ney presided
/ and John Mclean sat On the bench with
! Wayne and Greer and Catron. Were such
doctrine, even though expressed word for
z-ord, given in.oar editorial columns, one.
half OF our leSai nunba,uIl5 would be
/ -eady to contro7art it with .heir drivcl but
/ 20 believe that the nar Of this city has not
aecone 50 a. based tT partisan strife a. TO
E; disregard the op.n:op= d The great men
! Tho concurrod in th5 views expressed
/ below.
| The decision Of r.sas z:,5 been known as
a1a Dorr case was zD5,le il m action feg
| trcspass, known 80 LutIy- vs. Borden, rs.
| ported il Howard, rag q ct seq az
| follows;
! The fourth section q Sc 55artb article Of
| the constitution Of the CD.teG States pro-
I .ides that the United Stata9 8 1.ail guarantee
! 20 every State II 6ho CHicn q republican
: 'orm OF government, @rd ehaL proteCt eaek
/ of them against az 4ETa9'nhj and 0I tha
! application Of tue u gIsi&tl-a OF Ul
| the executive tWh2E IL. = .gislaiGce en-
! net be cOny8Dedt ageinet Gau23tio Eioiance
; Under this article Of tho c0asgiMtio2, it
! rests with Congress to decide what govern
~aacc i, the established oGe il a Stele. Fog
! ~ the United States guarantees TO Ca.GA
state republican gpta-u4eht, Congress
must necessarily decide " at government
i established in ...e S5@te before i can de-
LArnlin6 whether -t i5 republican OF not.
and when the Senators aG& Eerrasen.ativ Ives
of a State are admitted LnCo the coUacilo o.
The / mon. the Authority s0E the government
under which they are &pDoltau, a5 vol as
IS republican character . recognized. bT
the proper constitutional a2.hority; and it's
decision is binding Oh every other de~art
Zlent of the government, and ccGld nc lie,
questioned in judicial tribunals Il IS r-ln
hat the contest in this case did not last
long enough to bring the matter to t1
Issue; and as nc Seu&51rG Or 2cpreseu testi iyaz
were elected under TIE autH0lity Of t.
government Of which Gr Dcrr was tie
head. Congress was not called up0n 10 de-
eide the controversy. Yet the iglt 20 de
eide is placed there, and net in tie courts.
So too as relates to tLe clause. il. the
aforementioned article Of the c0HGti
tution, providing for Casea Of domestic
violcncc, IrTested with Congress, too, t.
determine upon the UeaLs prUuer to be
adopted to fulfill this guarantee, They
might, il they had deemed it most adv4sa-
1l5 to do so, have placed il Il the power OF
4 CONT to decide = her the ccntilgenev had
Happened which required 4e federal gov
eminent to interfere. Bot Congress Thought
otherwise, ana no doAbt Wisely; and by the
act Of February 28 1875, provided that. ''5n
case Ot all lnsurrectl1n III airy State against
the government thereof. it, shall he lawful
for the President Of the GLiteG States on
application Of the Ltgis atGrc % such Stat.,
or Of the executive Wher III Legislature
caE not be- onEtuad}, tCs call forth such
numbeF u lho militia Of any other Stats or
States, as may lo appled for, as he may
Judge sufficient % suppress @poa insured
ton
by this act, the power OF deciding whethsE
the cxigoLeT had arisen C9oG which, the
government Of the Guit2G states is bound
to interfere, is Give,, 70 the President lie
is to act upon The application Of the Legs
latGre or Of the executive, ar consc
uUenty he must determine whai body ui
lA61 constitute the Legislature, &E2 WIG is
tile Governor before he can act. The tact
that both parties Claiiu the right 5 the |
government can net a}t3E tic case fc2 both
can not be entitled TO il. It there ia an !
2eakiDg. i is e:.ze Of Gone 5tt :;o' nee
t6n @ gainst I'll Tx awIl co.. or.rnro,,t 1. a @
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