The New York herald., 1873-12-22
The Pfnchback Case and the Com
stltRtiQRs

poiltcal nuriy-Durly In Louisiana is Delore
the Senate claiming seat in that body. He
comes with . certificate of election from a
government which committee of the Senate
has declared to be Sin existence only by
federal usurpation," yet the friends of the
administration are Of opinion that that certifi-
cate should secure his admission. They take
issue with the Senate committee on the i'm
portant point OF the existence and character
of the Louisiana State government, which
they hold exists de .facto and de jare, and is,
for all the general purposes of government,
regular and sufficient-having the consent
and support of majority of the people Of the
State, and which, they seem also to hold,
cannot be called in question on this certif-
cate; that, in short, Congress cannot so be-
hind paper received from State govern
ment which is recognized as valid
by federal attorney general. federal
executive and federal district Judge,
even though Congress may deem that the
transaction of the Judge in the points Of the
case that led to his action was outrageously
improper. 1t is case between constitutional
right and a political adventurer; and, while
the administration tavors the political adven-
turer and argues that the constitutional right
is sufficiently with him to satisfy ordinary
consciences, the Senate seems disposed to halt
on the point, and to examine the constitutional
right somewhat strictly before it touches the
political adventurer; and especially seems not
disposed to accept the notion that there is any
authority outside of Congress more competent
than Congress to determine the delicate and
very doubtful points of the relations Of State
governments to the general government or
any divine right in the Executive as apart
from the laws, to make q State government by
declaration so indefeasibly valid as to put it
beyond the review Of Congress.
This is good sign. In the whole range of
our constitutional difficulties there is no point
of greater delicacy than the one of the re-
lations Of the States and the general govern
ment that comes up on this case, and there is
no point where the encroaohments of the Ex-
ecutive may lead to greater evil; and the fact
that the Senate is disposed to insist upon its
competency in the premises is creditable to
the sense it has of its obligations to the
country. By the constitution s'the United
States is required to guarantee republican
form of government to every State, and this
is held as implying the previous competency
to determine in any given case and in dis
puted dauthority which is the established or legal
government. The constitution simply gives
this power to the United States, and Con-
gress, not the constitution, has given to the
Executive the power to take the initiatory
steps in any case calling for action under this
head. In the statute of 1885, in regard
to calling out the militia, it is provided
that Gin case of an insurrection in |
any State against the government thereof, it |
shall be lawful for the President of the United |
States, on application of the Legislature
Of such State--or of the Executive, if the
Legislature cannot be convened-to call forth
such number Of the militia of any other State
or States as he may judge sufficient to sup
press such insurrection." Here the President
is authorized to '.call out the militia" in a |
certain contingency and for certain purpose,
which scarcely gives him that liberal author |
ity for the setting up and knocking down of |
governments and determining their legal exis-
tence which appears to be claimed. 1t, in |
deed, merely authorizes him to put in motion |
the machinery for applying military force to |
the settlement of domestic troubles, and |
does not even declare that he shall direct the |
use Of the force. Congress seems, however, to |
have given to the President just such vague
antecedent right as the constitution gave to
Congress; for, in authorizing him to
act on the application of State Execu-
tive, it leaves him to determine where
the executive power resides in any given case.
But it was doubtless assumed that this power
could always be limited and controlled, rs it
must practically be exercised in the presence
of Congress, which could, if needful with
draw the authority it had bestowed.
Congress is the competent judge of the
validity of State government, and it reaches
the subject by its action on the credentials of
members. If Congress accepts Representa-
tives and Senators the State from which they
come has the sanction and guarantee Of the
nation to the existence of its government
and so long as Congress refuses to admit men,
bers from any particular State, with the GER
tifcates Of any particular so-called govern
ment, all other recognitions are without con-
stitutional value Congress has a double
authority in its action on credentials. 1t
may reject members absolutely, and simply
as the expression Of its opinion
that only usurped or fraudulent power
exists in the States from which they come.
In this case it does not scrutinize an election
or similar proceeding; it simply refuses to
countenance some notorious transaction like
the employment Of troops to put in power an
obnoxious faction. 1t denies that there is
any legal government, and therefore logically
refuses to contemplate the possibility of GER
t;fcatcs siuce whatever papers NAV be put