The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-04-02
Taxation in Louisiana.

We published yesterday, declares tn.
intention of the nsurping Government
of Louisiana to wing the taxes from
the people by penalties and punish
nsnts.z This purpose is clearly enun.
eiated, and the so-called ATTORNEY.
General is instructed to carry it on,
without delay by terminal as we'll as
civil prosecutions" In view of tbi,
proclamation 1t may be swell for the
ppople to reflect upon the wisest and
hest course to pursue; to ascertain
whether they can legally resist the con
templated coercion, and, if SO, to wha,
extent that resistance is warranted by
the organic Jaw of the land.
Nothing il more clearly settled than
the universal principle Of law that San
illegal order coufers no authority. .
The person issuing a proclamation
must first have the power to issue if. il
compliance with it is to be enforced.
In the next place the subject matter
must be lawful. If either of these es-
senrial requisites is wanting to the proc
lamation of Kellogg, it is fatally defec-
tive, and cannot be lawfully enforced.
And if it cannot be lawfully enforced,
it may certainly be lawfully resisted.
It appears. as the whole country
knows, that there are two rival govern
ments set mp in Louisiana. One was
set mp ny the only authority hich can
establish a GOvernment-the people.
The other was established by FEEDER
al Judge, who the best lawyers of the
United States, including prominent
members of the Radical party, declare
exceeded his jurisdiction and acted
without any warrant or shadow of law.
1t became necessary to determine
which was the legal Government, and
it was proper for some superior power
TO settle the question. Fortunately tle
person on whom this responsibility
rested had been previously astertaiDed.
Similar questions had arisen before and
the proper authorities had the clearest
precedent to guide them. TLey could
not err without elring wilfully and NAL
ironsl,; for 30 question has ever been
more definitely or nnambignously set.
tied than the question which has arisen
in Louisiana.
In the year 1892, an act was passed
BY Congress comforting the necessary
power upon the President. This act
by its terms expired at the expiration
oftuo years; but in the year 1895 a
similar statue was passed and approved
without limitation as to it's c6ntinn-
ance. This act conferred certain pow
ers upon the President, and prescribed
the manner in which those powers
should be exercised. The power was
delegated, and there is universal rule
Of construction. which provides that all
delegated powers shall be strictly con-
strneh. Among many of the best con
stitutional lawyers of England. vii
liam Noye, who was Attorney General
under Charles L., aud whose "Maxins
Of the Laws o. England" have been
sanctioned by smell jnrists as Lord
Mansfield, aud Chancellor Kent, down
the principle that Gin all grants moth
Ing passes to the grantee save what is
expressly granted" The thing grant
ed must he granted by express terms,
not by implication. The ssme is true
Of private grants of property, and
much more is it true in public grants
when the thing granted is part of
human liberty. Then the President in
exercising the powers conferred must
follow the statute strictly. II he fails
to do so the divergence is fatal to his
decision, and tile parties sought to be
affected by it stand independent of it,
inst as if that decision had not been
rendered. Let us try the action of
General Grant by this test.
The act of 1875 declares that "in
ease of an insurrection in any State
against the government thereof. il
shall be lawful for the President of the
United States, on application of the
legislature of sncli State, or of the Ex-
ecntlve (when the Legislature cannot
be convened to call forth such num-
Der OF The militia of any other State or
States as may I've applied for as he may
Judge sufficient to suppress shch insnr-
rectlon:' and by the act of 1907 he is
authorized to use the land and naval
l'rces also, provided he comply with
All the prerequisites of the law" In
tnsease Of Louisiana, the Kellogg Leg
stature was in srssion, and the Presi-
Dent Was only authorized to act upon
hsapplication. Yet he acted without ,
LAS the Legislature did not apply to
a'm. SO in this case he violated the
law from which he derived his anthori-