New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-14

co,or., Assembly were detained in arrest.
an illegal and revolutionary at H vas n maae 70
fJect ia saat other persons In their stead, there
at! :''G ar M time during these proceedings
quorum presen a aairs presents an eStraordin.
onasion do hereby IN virtue OF the power
a., a, me vested by the constitution anu laws enacIea
~ ~ , convene the Geheral assembly OF the
thereu.' usiana in extra session at half past four
ot io tLs evening, this fourth DAY OF January,
Is3s to take such steps as may pf necessary ~, no
Commonwealth. ,a coal ~ tho St.t. +,;s
Given uu "f January, A. d. 1872, and of the indie
pendencc OF the O-i'''0 II. c. WARM0TH
By the .qvTrr Assistant Secretary of State.
proclamation.
STATE OF LOUISIANA
Executive Department }
New Orleans, January 4, 1872
IT, ~. people of the State of LOUISIANA;
~ WnpxEAs A conspiracy has deveioped tsei1 IN
" mr. threatening the complete overthrow OF
our m in bv lille gal and revolutionary MEANS
shown by tie arrest OF the uo.ei, t .d uns w
Governor and members OF .i,e nf assemhIinc nv
hep Tnitad states marshal on wrlts OF United
States commissioner, upon laise anu Ai'oio"S
charses During the absence of large number
f The House of Representatives, so Ariested' an
effort was made by the rema,ni ierare The sasfs
~ a number of the absent members vacant. ana
the substitution of other persons III tHeir steao'
ai Wbereas such proceedings endanger the peace
order and liberty of the people anu .nio"'eh LILO
overthrow of popular SoVerhntea h,- ~ cour;++ae
Whereas Lave been requested Dy d committee
onnointed by and i'll behalf of the House OF Repre-
srntatives and in a petition ssneu ny mit.,ntv
snamh.rs they being three more IMAM haJ0rity
ftI'at hndv to take immediate steps toward the
nrotectiou and security of the members, IN theii
deliberations and enagt%ehWys armoth Governor of
| the state of Louisiana, by virtue OF the power
vested in me by the stitution anu Jaws OF tiint
sta+. do hereby caution the lawaDldlnS people VI
| 80 Stata TO refrain from giving countenance or
| smnnorf to any measure looking to the suDverSioh
| of the state government. y, oa o;+;,ors of he
And do further call upon all good cltiAels VI .
state to refrain from participating m or e.
ing BY their presence, any NOV ement tnaa nsT M
its object fhe overthrow of the state government.
I'D he substitution therefor of martial law, Dut 10
| pun sue their usual peaceaDe a'oE Hd ar,ono
discourage any ltete is ampv able to pro-
| tect its own citizens. and the authonty es. t
in me by the constitution ana laws n,oe ~ for
| STATE will be used to its fullest extern lol
| tha nrotection of the General Assembly and the
security of the lives aud property VI all the caizens
Done me at the CITY of New Orleans this fourth day
of January in the year of our Lord one ti@isa5ho
eight hundred and seventy two, ana OF M r. ,nue
! ne ndence OF the United States the ninety
| H. c. WARMTH.
By the Governor:
Assistant Secretary of State.
Now. there can be but one government
| for the State of Louisiana. There an be
but one Governor. 1t Is not questioned
| that the atfiant to the petition nOwDelore
| the court is the Governor. 1t Is MOI ques-
toned that he is commander -chlefo1 the
| militia of the State constitution, irticle
59), and that it his duty ITO take car tnat
the laws be faithfully executed tcGstltu-
ton, article 65. There can be but OF Gen
eral Assembly, and that composed OF a
Senate and House of Representatives
1t is within the judicial notice 4 this
court that the Senate has convened Oily III
the Capitol of the State since January !,
1872 and has adjourned tor want ola quo
rum. 1t is within the judicial knowledge
| of the court that the House OF Reprsenta-
tives can sit nowhere else than in tn Cap
itol. And that there is body sittin there
whose proceedings are published in ne Off
cial journal OF the State is verified BY the
proper officer designated by law. and OF
whose signature the court must axe lognlZ-
ance.
The proclamations we have jus read
emanate from the executive, who aloe can
make proclamations of the politcacondi-
ton Of the State. The judiciary an not
inquire into the reasons inhuenclE that
officer or require production of he In
formation on which he acts. lib only
knowledge which judge can haveOf the
political condition of the country must
come from the executive. When tint part
of the government declares war. it is war
for the judiciary: when it declares pace. 1t
is peace. If there is an insurrect1n the
Governor alone makes it known; vhen 1t
is Guelled. it is from him the intOniation
comes. BY virtue OF the power veted III
him. he can enforce the DEGREES OflOurts,
when the ordinary processes fail troIweak-
ness: and by that same power tkir de-
alterations are held undisturbed by ppular
violence, unmoved by popular tumT
judicial power SAYS Mr.. ChiefJustice
Taney. in Luther Us Borden ct al How
ard. 40 the case arising out OF Dorri rebel
lion). "presuppOses an established Dvern-
ment capable of enacting laws and erOrclng
their execution, and OF appointing 1Mges to
eXpound and administer them. Iheiccept-
ance of the judicial office is a Recognition OF
the authority OF the government tronwhlch
it is derived. And If the authorityOf that
government is annuled and overthlvn. the
power of its courts and other officer is an
nuled with it. And If State courshOuld
enter upon the inquiry proposed in tbs case,
and should come to the conclusion hat the
, government under which it acted Ind been
) put aside and displaced by an qposing
government. it would cease to bes court,
i and be incapable Of pronouncing ndicial
; decision upon the question it undenOOk to
try. If it decides at all as a court, fneces-
sarly atfirms the existence and authrity OF
the government under which it is exscising
judicial power.
How then can any court in this Statpermit
an inquiry, which could be no otherhan an
. investigation into the very eXistenoOf the
government under whose authorityfis act
, ing, and on whose power 1t dependsOr the
. enforcement of its DEGREES. How receive
, evidence of the existence of two Hlses of
: Representatives, when the conSnution,
, under which it is sitting. declare there
! shall be but one. or hear testimony that a
House of Representatives is sitting where
, the constitution says it shall not sit!
No court has jurisdiction of a plitical
+, question. To pass upon which OF tvo rival
Legislatures is the true one, would b pOlit-
I, zeal. and therefore this court can not touch
: the question.
0 But somebody must determine.
A court can not sit unless there il gov
eminent, and State government an not
!. exist without constitution.
h And if you say court can not nv this
i question, it can only be because il must
take it for granted, first, because Of facts
. judicially noticed, not to be suppGted or
4 contradicted by proof; or. secondly on the
9 information of some one authorizedto con
| VeV that information.
3 In the case at bar there is cOmGn a. ion
: of facts iudicially noticed, with the iufor-
n nation afforded by the proper oScer to
! establish the conclusion, that the allega-
n lions OF the petition are true and not to be
+ contradicted, in SO far as they are plitical.
+ that is The General Assembly OF tie State
y OF Louisiana is meeting daily at theCapitol
OF the State, and if there be any oter per
/ sons claiming to act elsewhere in the
capacity of Legislators, they are acting
a illegally, and their action can be resrained
by the courts.
# 1t is conceded on all hands that which
e is the legitimate House of Representatives,