The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-18

A SOVEREIGN STATE,

! SOVEREIGN STATE,
President Pierce's Cabinet were willing t.
incur very serious risk Caleb Gushing
weighed well Chief Justice Taneys decision il
the Dorr case, but he was averse to furnish
either men or arms in controversy which ht
considered lit turned out correctly would
soon come to an end. Attorney General Viii
liams, on the other hand, came hastily to 6
different conclusion in the Louisiana business
No one disputed the legitimacy of Gov. John
sons authority and it was overthrown even
more suddenly than Kelloggs. Kellogg was
certain to have at least the moral support OF
the United States forces, and communication
is instantaneous with New Orleans. Gen.
Wool, acting upon his own responsibility, ar
rayed himself positively against Johnson, and
two months would necessarily elapse before
instructions could come from Washington.
The grievances complained of by por-
ton Of the people of San Francisco in
1856 were but the merest trifes in COM
parison with the fraud, corruptions and
lllegality of the present government
Of the entire State of Louisiana; and the
insurgents of San Francisco were to blame al
most solely themselves for the wrongs that ex-
listed. They had the remedy in their own
hands. But they were SO completely taken up
in the pursuit of wealth that they neglected
every political duty including that OF going to
the polls to vote when the elections took place.
Consequently many unscrupulous men were
chosen to Office. TO crown all, the Demo-
cratic party, as party, took from the very be-
ginning the strongest ground against the Wig
lance Committee. The sympathy of Pierce's
administration must have gone with its sup
porters, but, notwithstanding the persistent
appeals for Federal interference, it was not
conceded. Gen Sherman, who was very anx-
ious to suppress the lawless acts Of the organ
ization, related that Gen. Wool clearly prom
ised arms. The reply of the latter was: "No
one but the President of the United States
can issue arms to q State in case of insurrec-
ton. But here in California we are SO
far away from the President that general
of division might assume the responsibility in
certain cases, and this might be one." With
all the circumstances as stated before him, Mr.
Gushing said he was relunctant to go beyond
the actual case in undertaking to pronounce
an opinion on law applicable to the gravest
and the most critical of all emergencies pos
sible to occur in the relations between the !
United States and the respective States of the |
Union. He remarked: 81 am not willing to |
say that circumstances may not arise in which |
the President might furnish men at the same !
time, under the authority of theact of 1907, and |
on the principle that as the whole is included |
in its parts so the furnishing Of arms alone may
be comprehended in the power to employ all the |
land and naval forces of the United States This
power, MIR. Cushing held, should be reserved |
for cases in which all the constitutional powers
of the State had been exerted in vain to pre-
vent or
SUPPRESS DOMESTIC WAR.
Gov. Kellogg certainly used no efforts to
assemble his Legislature in New Orleans or at
any point in Louisiana, though Gen. Grant in
his proclamation asserts that it could not be
This document appeared almost
on the very day the coup det0t was effected.
There is lesson to be studied in the course
Of Pierce and Grant under circumstances in
many ways closely corresponding with each
other. The Vigilance Committee was Anti
Democratic. The great majority of its leaders
md members were tor Fremont as
against Buchanan for the Presidency;
yet Mr.. Pierce and Caleb Cushing, |
'arnest Democrats sensitive as to Federal in +
difference in State matters, let the insurgents
maintain their sway undisturbed, though they :
we're not free from suspicion of contemplating
he setting up of an Independent republic t
ien. Grant and Mr.. Williams hastily rushed h
o uphold the disgraceful regime under Kel- b
ogg. This recital of facts may serve to give 8
be eminent jusists Messrs. OConor and !
ohnson, matter for consideration. The opin- q
on OF Caleb Gushing, when consulted by !,
resident Pierce, touches upon the Luther O
ase passed upon by Chief Justice fancy, and l,
New York case decided in 1914 by Chief d
ustice Marshall, affirming the power Of the Y
resident to call out the militia to suppress u
Y. Herald, 11M inst.