New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-26
MIR. M'ENERY ON THE SITUATION.

official capacity 1t is needless to explain
that we only regard him in the light OF a
prominent citizen Of the State, who has
been placed by his friends at the head OF
revolutionary movement hostile to the le'
gal government. But the fact thatWe deny
to him the possession Of executive tunc'
lions does not preclude our right TO crltl-
4 else his acts when claiming to be Cover
nor. as they show what he would DO !! he
really had the power.
The Governor OF this State is at the
head Of one of the departments OF the gov
eminent, with his duties limited ana
defined by law. The Supreme Court IS
another. And it IS one OF the admitted
axioms Of our system that neither OF these
| departments can interfere with the Official
duties of the other. /! is repugnant 10
our laws. IS vel! SIS to our notions OF oft'
ciai etiquette, 70, one department OF the
| State 70 criticise another in official COM
munications. Yet Mr.. McEnery. in the
assumed capacity Of executive OF the
State. las seen proper to send message
TO his Legislature. in which he character.
! ;ze. q late decision Of the Supreme Court
as ..ex.raoriinary.' ard in plain terms de.
| MES the right of the court to decide which
is the legal government in this State. in
case Of dispute; that the power given to
each house of the General Assembly to
Judge of the qualifications and returns OF
its members, deprives the courts OF the
State Of the right to say what constitutes a
house of the General Assembly, and re-
lieves them of any responsibility in the
matter of knowing who compose the Leg
islature at all This theory creates an ex-
ception, as to the judges of our. courts to
the universal rule that all men must
know the law, at their peril A private
citizen can not plead that he
did not know which was the
true General Assembly of Louisiana;
whereas We have it from the highest ex-
ecutive authority in the State, according
to the theory Of the fusionists, that the
members Of our tribunal of last resort are
powerless in case two or more bodies OF
men claim to be the Legislature, to decide
between them. And yet we are told in the
same breath that the constitutional obliga-
ton Of Congress TO guarantee 20 every
State republican form Of government
vests IN that body the right to inquire
fully into all the facts Of the case. We
concede this point, Su: insist that the con.
stitutionai duty imposed upon our Su'
preme Court 20 interpret laws and enforce
the:r execution, carries with it the obiiga-
ton 20 know what are the laws. and who
are the proper law makers. While the
court may not decide upon the right to
{. seat eli any meinheg of either house. it is
bound to know whether body siaimin:
to be Senat: Q. House o: Representa-
is in fact such or not. The converse of
this proposition. u: :rue. would show q
very imperfect organization .! State gov.
eminent. and involve an appeal 20 Con-
gress every time the defeated candidates aoc
executive and legislative trusts in 3
State labo-ed under the ieiusion tina!
they were really elected. and Sc; them.
selves up as yoiit:ca! housekeepers. 4
State is believed 10 be complete in its
seyera! departments. and competent
through its officers 20 settle all questions
arising unde, Its own Jaws. Blu: when
evil-miniei persons refuse obedience 20
the prope. officers, and band together in
large numbers: FOR the purpose o: opposing
the State government. they make a case -
domestic violence" agains: which the
President of the United States is bound TO
afford protection. This duty. o: course.
vests in the Pyesiden: discretionary
power &c decide which is the legal govern
men: to be protected, and which il the
party that threatens the violence. Such a
case has been presented in Louisiana. and
the President has already made his lie.
cision, but the fusionists are no more
satisfied with that than they are with the
result Of the election III November when
they We're outvoted; the decision of Judge
Dibble, whom they forcibly removed from
office because he rendered righteous
Judgment; the proceedings before Judge
Durell, which resulted in another defeat,
or the late decision Of the Supreme Court.
They now appeal, therefore, to Congress.
Mr. McEnery, whose views do not
strike US as being very forcible or
logical, reminds that body of its
d'1ty to guarantee this State republican
form of government. Now, we fail utterly
to see how this demand can meet the case.
For there is not in legal sense any mate
rial difference in form between the legal
State government as now organized, and
the one that Mr.. McEnery desires to have
recognized. Neither the Republicans not
the :usionists desire to Sc! up king or
other monarch; neither propose 80 issue
patents Q! nobility. and sithe. party
would repe! with scorn the charge tina: j:
aimed to ieSalize ~ aristocracr. 80 then
i. appears that any investigations on ;ha.
subjec. by Congress would disclose the
fac. tina! The existing form o: the State
government. is 10. only republican in Us
structure. iu: 80 al ;n.en.s ana purposes
identical with :ha: w!..c.. Tie :u5:oa1s!.
desire 20 Sc: Up.
The mistake ~ ..cEn.:y makes + Era:
he cOiC..veS Il .f!nStiOl, ,,l1.alv q. 'nH. an: