New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-18

| and absolute Judge, LAo quos.ion = :.
he ought to interpose. In deciding 1t, No
had 1;cht to take into consideration the
resolution of the Legislature which the Sen
ator from Indiana has read, the communl-
cation addressed BY Mr.. Pinchback, Acting
Governor. on the nineteenth OF December;
and it was the right of the President to
avail himself of all information, however
conveyed OF by whomsoever conveyed,
which might aid his Judgment. Upon the
whole of his knowledge and information as
| 10 the actual predicament in LOuielana, and
not upon any part of it alone, the President
| had the right, and it was his duty, to Judge.
On this point, it seems to me, the argu-
ment of the Senator from Wisconsin. which
at some time may again refer to, SO 1ar
| from disprOving the warrant OF the Presl-
| dent to do all he did, degenerates into
mere criticism upon the verbiage of the
| proclamation; and even in that respect
| think the argument is not unanswera6le
! NV purpose was merely to suggest that
| even if it could be shown that the appiica-
| ton of the Governor of the State was TOO
narrow by itself to show the need of execu-
tive action. that is not the sole jurisdctlonat
fact by which the Presidents act must
stand or fall
Mr.. President, l have no doubt OF
the entire soundness of the position
taken by the Senator from New York,
and will say further that there is high au-
thoritv for saying that the President may
himself take notice of the condition OF at
fairs in State and interfere without any
application, under the general provision
that he shall see that the laws are enforced.
The late insurrectioDary States at the
end of the war were without governments
of any kind. They were without Governors,
Legislatures, courts. State or subordinate
officers and the United States had the
power to provide for the reconstruction OF
~ NNnt re
duty to do so. The broad difference be
tween the condition of Louisiana at present
and the irsurrectiOnary States at the end of
the war must be comprehended by all. The
interference of the United States at that
time and undertaking the work of recon.
struction was constitutional and political
necessity.
But it is not every irregularity in State
government that will destroy its existence
or impair its republican or legal character.
A State government consists of too many
constituent parts to say that the absence OF
the Governor or the presence of fraudu-
lent one will destroy its existence; and the
constitution and laws have provided the
machinery by which the intruder may be
expelled, and the lawful Governor put in
his place. Should the Legislature be broken
up by the secession or resignation OF major
ity OF its members, leaving it without
quorum. which has happened in many OF the.
States, that would not destroy the existence
of ~ State government, or if it be irregu-.
larly or fraudulently organized by the ad-
mission OF persons as members who were
not elected, it could not be said to have
destroyed the State government. 1t is hard
ly necessary to consider how many Of the
constituent parts of a State government
must disappear before the government
ceases to exist. The presence of Governors
and State officers who have secured their
Jfhces by fraud has occurred many times
n our political history, and has never been
held to have destroyed the existence of q
state government or its legal character, or
% have authorized. tie interference of Con
sress. And we know there have been nu-
nerous instances where State Legislatures
lave been broken up by the resignation of
members or by what is commonly called
'holting,' and yet it was never claimed
hat such result destroyed the State goyo
or took away its legal character.
The theory OF our system is, that every
tate government possesses the power and
nachnery to correct the wrongs and frauds
within itself, practiced under color of, or in,
pen violation of, It's own laws, and that the
lessons OF It's own tribunals created bp
. constitution and laws for such purpose
lust be received as final. When the cone
tItutlon OF a State provides that each house
the Legislature shall be the Judge of the
lection and qualification of its members,
IL! faith and credit must be given to their
ctioD: ana should the government of the
nlted States go behind their action to ice
nire whether the members have been lave
lily elected to the Legislature, their indee
enience would be wholly destroyed and
he validity of their action made to depeni
pon Che will of Congress. 50 when the
Ws OF State have cOnstitutionallv Gre
ed returning board to ascertain who arc
ectet State officers and members of tbs
legislature. it Congress may 90 behin,.
ie decisions OF that board and in.
arc whether they had She ~.
rms before them. and whether Tho.
ere acting in accordance with. the laws q:
g State. the election of State officers am.
elnbers of the Legislator. woulf Inc
aced absolutely under the c.n-rol of Cels
rs5. The constitution SAYS that.
he SENATE of the United State. shall y.
imposed ol TWO Senators from each State.
oseH by the Legislature sh. REQ. 70: ri.
a-s.
The manner OF constituting 'h. 1...is,a.
re Ia left absolutely t, each stare AM.
question OF It's organic tllon must be LET.
he decided by such tribunals or reouIo.
ma az are provided by the constit1toa
Il laws o; the state. and the onl. question
out winch the senate may inquire in de.
mining the admission of SENATE.
whether they have been chosen a..
, Legislature of til. State TIA.
glsiaturs recognized by the Stats
whose organization has been acs
Dted by other departments of the STATE
Verh'nent' Under our complex system OF
'elnnieh' All questions OF the organizes
u Oh State governments under their own
- must oe Seft TO the decision Of the trie
hais IN such States created for rnat NM.
sc: ana when such decisions have hoo,
de. they must be accepted BIZ the gora
'nent OF the United State. in lis dealinGs
N nc states. 1t IS no answerssfethierr,
thaI. IN particular ease, such tribunal,
! or have decded wrongfulIy. Tho 30
nent OF the United StaJes has no rjgb-
fe'.ew their decisions so long as She state
Ies-es government republican in form
luraer IS the highest crime but il is NOT
Try 'our1 liit mas Jurisdiction to punish
and enc court can not assume srcl, 80
ton upon the ground that ano Jd.is'
which it has been granted ''n m;is
properly exercise il. AMI 9e,ns
80 mas not the jurisdiction to ~
ne ahu REDRESS every great wrono. tina.
take place IN State. Where. nv H.
sUitutioh ana laws of State LEGAL rema.
are provided for the redress of az
'hss that may take place in regard tn
IONS IL wouia be inconsistent with tho
ependence and integrity of tha I'm. 'l''
ernlnents for the United States 70 ; o.ao"
and assume jurisdiction nnon ~
und that the State tribunals have aotaI
'ngtuily or fraudulently, or will co ~
) docIilne In no way recognizes ~
D1stdned theory of State sovero;c,.
Oh has been the evil spirit in onr n,;.y'
system. and to which the presentp tro
IN louisiana may be traced bach M
hss from the great fact that the So"
e vast body OF rights distinctly ,s,rar
70" ry ani recognized by the constitntion
ne United ates, and that auonft tua
cOnStIfufa fEofp