Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1872-12-26
GRANT AND ToUTsrANA.

That portion OF the press Oh INC
country, which because they want to,
find fault with the President, and are
eager to seize upon anything to pro-
JUDGE him before the people. con-
spicuous among which are the New
| York Tribune and World, and the
Chicago Tribune and Times, are now
asserting that his action in regard to
| the Louisiana middle was unconsti-
tutional, was high handed Tyranny.
The, position was q delicate and diff
ficult one for the President, and he
kept aloof from it until a Judge of
the L. s. Court had passed upon the
case, and then as he says, he simply
ordered that If necessary, the military
force of the country should be en-
ployed TO enforce the judgment Of a
u. s. Court. His action in reality
was not an interference with the con-
tending authorities, SO much as it
was the exercise OF plain duty, viz :
to see that the judgments of the Fed
eral Courts were obeyed and not over
thrown by force. But it is said that
the Constitution provides that the
President cannot interfere in State
matters unless petitioned SO to do by
a Governor or the Legislature of o
State. II will be remembered that
the condition in Louisiana was, that
two bodies of men were in session,
in that State, claiming to be the Le-
gislaturc thereof and that two men
claimed to be the Governor Of the
| same; who then was to make the re-
quest of the President? How was
this muddle to be solved2 The ques.
ton is not new one and has been
thoroughly settled long ago by a de-
cision of the Supreme Court Of the
United States. Chief Justice fancy,
In the case of Luther VS.. Borden,
Howard, page AZ, a case arising dur
Ing the Dorr rebellion in the State of
Rhode Island, delivered the opinion
of the court, citing the law of Con-
gress passed February 2sth, 1896, the
language of which 10 as follows:
SIN case of an instruction in any
Estate against the Government there-
"of, it shall be lawful for the Presi-
"dent of the United States on applica-
"tion Of the legislature of such State
cor of the executive (when the legisla-
"ture cannot he convened) to call forth
.such number of the militia of any
"other State or States as may be APP
"plied for, as he may judge sufficient to
suppress such instruction"
Observe that the legislature is the
first party entitled to apply to the
President, and that in the case of
Louisiana the legislature was in ses-
sion, If it could be determined which
body ofmen claiming to be such, was
righ. fully the legislature. The learn
ed Judge then goes on to solve this
difficulty as follows:
''By this act Qhe law of 1850 the
power of deciding whether the exigen-
cy has arisen upon which the Govern.
ment of the United States is bound to
| interfere Is given to the President. He
is to act upon the application of the
legislature or of the executive (of the
Statc), and consequently HE must dc.
termine srhat body Of men constitute
the legislature, and scho is the Cover.
nor. before he can act. The fact that
both parties claim the right to the
government can not alter the case, fol
both can not be entitled to it. If it i.
an armed conflict, like the one Of
which we are speaking, it is case o.
domestic violence, and one of the par,
ties must be in insurrection against tht
lawful government And THE PREsI
DENT must, of necessity, decide arhicl
is the 1peesnment, and which party IL
unlawiGlly arrayed against it, befor,
he can perform the duty imposed upor
him by the act Of Congress.
The officer in command Of the U
8. troops in Louisiana, telegraphet
to the President that q deadly con
| tlict was imminent between the oppos.
ing factions, the militia were under
arms and Governor Monmouth had
threatened violence in the strongest
FERNS. The President therefore, loath
to take action, awaited until decis.
sion Of United States Court gave
him good ground upon which to base
his selection as to which was the pro-
per Legislature. and then acted strictly
under the authority Of law.