New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-18
mr. rAc~0 AND DE yURE.


We have heretofore stated the Repub-
lican obligation to maintain any govern
ment adopted according to the forms and
Adjudication OF its owu constitution. This
view has been confirmed by the ca9Pns OF
the civil law and even by the reasoning OF
an A.henian republican who lived some
twenty centuries ago. The same ooliSa-
ton is also maintained at the common
law of England, to bind the subject TO the
support of monarchy. though On q
principle different from covenant oy Tue
parties to the government. The SUBJECT
j, bound TO obey the king. be-
cause the obligation OF obedience ana
protection is reciprocal. The subject
can no: have had any choice IN
being born within the dominion OF the
king. bu. is held, a. the common law, to
owe an allegiance to the king from this
accident of birth. The allegiance can not
be forfeited. Cancelled or altered by
ANYTHING bu. the assent OF the govern
ment. The solution Of question OF legal
rule is, in a republic. rendered simple
by the provision for deciding all such
questions by Jan agreed tribunal. This
obligation to obey the decision OF such
tribunal absolve; the citizen from any
immortality even in obeyins an authority
which he does not believe to have decided
Justly, AMI throws the mora! RESPONSE
b;lity upon tne tribunal. II a question
who is Presiden. is decided against bis
opinion the fault is with Congress. the
agreed tribunal. It is as if the title
of his land depends upon a fact
which he hoo,-s. but can not prove;
his obedience is due 70 decree which
divests me Of VIVA. he personally 1no'cS to
be mine. AS party to the compact OF
government he has pledged himself in ad
vance to submit bis will Is the umpire
agreed on. There is. then. under q re-
public. no such thing as a government de
tac,o. Every government depends for its
legality upon lis concordance with GER
tain specified forms. If it comply with
these forms it is a government: if it do
not, it is no government There is no de
facto government to the citizen Of repub-
lie. The only d. .facto government to
republican is the ostensible government
existing in Some foreign State with which
he has political relations. The perpiex-
ity of natural allegiance due from sub
ject 70 his king is far greater than that of
a republican citizen to the government to
which he has been voluntary party. The
subject must judge $40 peric,Ao. at his own
peril, the legal title Of the crowI. So
grea: is that perplexity and peri! that
when there was waged in. England civil!
war for more than century between two
royal houses. each Of which was alter
nately in possession Of the throne. the
subject was bound by his allegiance to tell
the "true king by instinct" The threat
was by no means an empty imprecation.
To solve this difficulty the English Par.
lament had to come in and enact a stat
ute. Tina: no person who should by arms
or otherwise assist the king for the tine
BEING should ever afterward be at.ainted for
such an instance Of obedience" Such an
&C. Of amnesty in advance. though incon'
s;stent with the doctrine OF natural and
unavoidable allegiance. was necessary TO
save the whole popular minority upon
any change Of dynasty from complete
forfeiture OF lie and goods. So great was
the relic: afforded by this statute OF ease.
tina. in adherins to "tLe principle of a
king i. .fac'c and king de ;,ue." "the
subiec. acknowledged one king AMI held
their allegiance still due to another"
The superior wisdom, Of the republican
theory over the doctrine OF natural and
lndefeasible allegiance is thus made man
ifest. The republican citizen may SUBJ
init without surrender Of a sentiment to
government from whose legality even
he dissents The subject Of 4 monarchy
could not abandon Stuart or Bourbon
for Guelph or Napoleon without: a
violation of natural duty. This essay
has been written. not that the present
disputed legitimacy Of our State govern
ment requires it. It is a government de
rrs as to the citizens of Louisiana. 1t
can only be charged according to the
constitution. and by the rules agreed on.
A recurrence to fundamental princi.
pies" as the observations of the mariner
after the storm. is useful TO ascertain how
far we have drifted from the course Of the
fathers. and to verify the reckoning. as it
came to our watch. Such tests may be
ridicu!ei by the thouShtless. bat when
there is any doub: If concurrence with
the chart. we should. to pursue the nauti-
cal figure. run under slow bells and keep
the lead going. No navigator intrusted
with the conduct Of republican interests
can be too cautious.
INTERVIEWS.
I: is Interesting to observe thc G:adua!
ci.a:c, that take place il the use o.
| words. and - trace such to the cor
,a,,On iin., NJ Cd f % tiopS az manners n +?