, 1874-01-31
CARpENTER'B LOUISIANA SPEECH.

6enAtOr Carpenter anem8 to DO growing boldor
in h.H treatmont Of tho Louisiana outrage. Ono
year ago ho held that, although t1ie order OF
Judge Durell. isauei ut II o'clock at night while
his Court was not In session, directing tho United
States Marshal to seize the State House, waa H.
legal from every point Of WOW, still it wns tho
.(lnty OF tho President to enforce 1t by the en-
pioyneut Of troops If necessary. This position
involved tho absurlity Of iustifying the Presl-
dent in yiolsting IN express clause of tho Con-
ntituton In order to onforce wholly illegal aud
void order Of Judge Of tho United States Dis
triot Court. The Constitution preacribes TINT
tho United Statea Government may interposo to
aupprcBs domestic inHurroction in State on tho
application Of the Legislature Of such State.
OF Of tho Executive when tho Legislature can-
not ho convened. No exception is made in ia
vor Of Judges Of tho United States District
Courts Tho Constitution does not say TINT the
President may send troops into State to COM
nit violence against tho constituted authoritioa
thereof, Whenever Judge orders It to bo donc.
It does not say that tho United States Govern
nlent may protect State against domestic vio-
1onco on tho application Of tho Legislature, or Of
tho Executive whon tho Legislature cannot DO
convened, or Of Judge Of the United Statos
District Court. Thero is legal and we]l-do-
fined process Of enforcing alI valid docraes Of
tho Courts, both State aud Foderal, oven to tho
extont OF employing troops to that end. Tint
process WAS not followed in tho case Of Duroll's
ft,4a Nh fran ri,,f NJ Ind
beon received at Washington. In point Of fact,
thcro was no docreo to execute. Tho order to Gen.
Emory was based on telegraph dispatch from
Marshal Packard and Collector Casey. The de-
creo. as has since been shown, was void ab
i,itio. It WAS issued out Of court hours and out
Of the courtroom. It did not have tho seal OF
tho Court or tho signature Of tho Clerk; tho
caso had not been heard at all; and moreover
tho Court had no jurisdiction Of tho subject
matter.
+. Yet upon this showing h1r. Carpenter had tho
weakness to admit that the President was
bound, upon a telegraphic representation Of tho
facts, to. overturn State Government by
force Of arma because Judge Dureu had
30 decided! Tho Wisconsin Senator ssems
to have taken q atep in advance,
assisted thereto. probably, by tho late
political revolution in his own stato. In
his Hpoecl1 Oh Thuraday nc find no apologies
for the proaident'a unlawful and tyrannical in-
reference, but d vigorous denunclation Of the
whole catalogue Of crimes and uHurpntionB in
Louisana, mud plain atatement that they can
not DO successfully carried by the Republican
party through 4 Presidential election,-which
statement. 80 fur as Wisconsin is concerned, is
undoubtedly true. But. Notwithstanding tho
brilliancy Of his oratory, Senator Carpentor'a
speeches do not carry with them q moral weight
equal to their argumontativo strength. His last
shots generally glance of aud bury themselves
! in saud-bank or mud-puddle. He deaervoa
communication for his zeal in behalf Of Louis
ians, md of tho principles represented in he.
caae, hut wo do not anticipate any remarkable
practical roaulta to flow from his efforta.