New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-05-29
rquorru. !, The. dolaY I'M placing TROOPS AZ

"the disposal Of Gov. Pinchback. In accord
"anoe with joint resolution of Monday, is dis
"heartenng our friends and cheering our
"enemies. u requsition Of Legislature u
Compiled with, all difficulty will be dissi
"tpated, he party sausd, and everything go Oh
smoothly" In reply to this, Gen. urah'
authorized Pinchback 10 issue a proclanat'on'
announcing that he was supported by the freS'
dent of the United States, and that "ha"'1i
military force he needed was at bis disposal :"
other words. Gen. Grant agreed to use Inc
limited States army To save the party ana
prevent the personal supporters OF niii'oi' o.
his brother-in- law from losing their quorum ="
the Legislature. There Is the d'seraoo,.'
correspondence in black and white. Anu 'n's
ia called enforcing the DEGREES OF tue 'oca'
courts"
In the third place, whom the DEGREES OF
court are invalid. il is the duty of the Presl-
dent not TO execute them. The orders U, '"'e.
Durell have been shown to be utterly 'o.u
for want of jurisdiction, and unwarrahtaoie ia
themselves As Federal officer, ne pau ho
jurisdiction to determine the right between TWO
contending State boards, nor any controi o'er'n0
State records which he assumed to attach; WINE
ga for his order commanding Marshal Packard
to seize the State House. q committee OF
Administration Senators had declared that ~
Z" ia impossible to conceive OF a more irrosu-
liar. Illegal, and in every way lDexcusaoie
" act of a judge Nor can it DO pretenacu
that it was the Presidents duty 10 respect
the decision of the State Supreme Court
which afterwards indirectly and extra-Judiciaiy
recognized the validity Of the Kellogg Gov
eminent in a suit for the possession OF an
Office brought by an appontee of Pinchback
against an appointee of WarmOth. The validity
of the Kellogg Government was not lndiciai
question, and no court could decide 1t. It De-
longs to the political department OF the GOV
eminent to ascertain and declare the right In
a matter of that kind. In suit before the
Supreme Court of the United States growing
out of the DOrr Rebellion the issue was raised
which was the legal Government OF Rhode
Island. and Chief Justice fancy defined this
principle very clearly: ....
1--WE do not sec how the question could be tired ana
iudicalIy decided in the state court judicial power
presupposes an established government capable OF en-
acting laws and enforcing their execution, and OF ap
pointing Judges TO expound and administer them The
acceptance of the judicial Office is recognition OF the
authority of the government from which II is derived
And IL the authority OF that government is assaied aud
oyerhrown power Of its courts aud other officers is
annuied with II. And if a State court should enter
upon the inquiry proposed in this and should come
to the conclusion that the government under which II
acted had been put aside and displaced by an opposing
government IL would 10 be court, and be inca
pabe OF pronounoing judicial decision upon the qneS-
ton 1t undertook to try. ii it decides at all as court
it necessarily arms the existence and authority Of the
government under which 1t is exercising Judicial
power"
The decision of the Louisiana Supreme
Court upon which the defenders of the Presi-
dent RELY illustrates exactly what Chief-Jus-
tice fancy said. The court was held by Judge
Hawkins one of the Lynch returning board
who had been elevated to the bench by the
very government whose legality he undertook
to decide. He counted i'll the spurious Legs
lature; the Legislature made Governor;
the Governor made him Judge and then he
decided the Legislature to be legal This IL
the reduction to absurdity. In fact the Con-
stiturion of the United States makes it the
duty of the President or of Congress to decide
between two contrasting State Governments,
and that duty cannot be delegated to the
courts, nor can the dicta of judge be cited
in excuse for an unjust decision. The Presl-
dent shall protect State against domestic
violence on the application of the Governor
or the Legislature; therefore he must have
authority to determine who the Governor or
the Legislature may be. III there are two
claimants, he must ascertain which is the
right one and if he lends the weight of his
authority to the usurper he must bear the
responsibility.