The weekly Louisianian., 1872-12-28
RIGHTS OF THE NATIONAL GOVERNMENT.

~ Bal
The Federal Government don1
seem to be so unauthorized and un-
warranted, and unjust, and sinful,
and devilish after all in it's prompt
and full recognition of what is
called in our midst the estate House
Government" and indeed not even
without law and precedent in its
favor. The Supreme Court Of the
United States, speaking through its
organ, in the celebrated Dorr case
decided the very points now SO
stoutly contended against when en-
forced by Republicans SO precisely
and fully chat, notwithstanding the
decision was published by a city
contemporary, we reproduce it from
the Republican:
The fourth section of the fourth
article of the constitution Of the
I1r+el tStatna .rrovidas that the
United States shall guarantee to
every State in the Union a republi-
can form Of government, and shall
protect each of them against an in
vasion; and on the application of
he Legislature or of the executive
(when the Legislature cannot be
convened) against domestic vio-
lence.
Under this article the constitution
it rests with Congress to decide
what government is the established
one in a state. For as the United
States guarantees to each State a
a republican government, Congress
must necessarily decide what gov
ernment is established in the State
before it can determine whether it
is republican or not. And when
Senators and Representatives of a
State are admitted into the councils
of the Union, the authority of the
government under which they are
appointed, as well as its Republic
can character, is recognized by the
proper constitutional authority, and
its decision is binding on every
department of the govern
ment, and could not be questioned
in a judicial tribunal. It is true
that the contest in this case did not
last long enough to bring the matter
to this issue; and as no Senators or
Representatives were elected under
the authority of the government of
Mr.. Dorr was the head, Con-
gress was not called upon to decide
the controversy, Yet the right to
is placed there, and not in
the courts.
So, too, as relates to the clause in
aforementioned article of the
constitu ton, providing for cases o
violence. It. rested with
too, to determine upon
The means proper to be adopted to
:ulfll this guarantee. They might,
f they had deemed it most advisa-
de to do SO, have placed it in the
power of a court to decide when the
contingency had happened which
equired the federal government to
nteafere. But Congress thought
and no doubt wisely;
nd by the act Of February 28,1795,
provided that, Gin case of an inser-
ection in any State against the
government thereof, it shall be law
I'll for the President of the United
State, on application of the Legisla-
ure of such State or Of the execu-
i've (when the Legislature can not
70 convened), to call forth such
lumber of the militia Of any other
tate Or States, as may be applied
Or, as he may judge sufficient to
uppress such iusurrection."
By this act, the power ofdeciding
'hether the exigency had arisen
pom which the government of the
States is bound to interfere,
given to the president. He is to
ct upon the application Of the
or of the executive, {
nd consequently he must deter {
line what body of men constitute {
10 Legislature, and who is the I
before he can act. The
'ct that both parties claim the right
, the government can not alter s
le case, for both cannot be enti- l
ed to it. IF there is an armed {