The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-10

~ iorce domestic Violence II is the exigency
PIoviueu Ny tue consultation II the existing GOV.
ornment main tains It's post though three. Iourths
me n, S.sss nave adopted the new constitution, Is
- 1Ot esiueht enough that the exigency arises
In which the constitutional power her mnst 90
TO the and o. the existing governmenta Insurrec-
TO be suppressed. But the law and the cnnsa,s
ton, the whole system OF American institntsovs
be necessary to proceedings alunde OF outside ~. ~
the law and the constitution, Tor the purnnss ~
amehaing Tue Msme o. government They go on
that they are representative in their FORMS ana
that these popular governments in each State. the
annually created creatures OF the people, viii QIvo
all proper facilities and bring about changes which
the people may judge necessary in their constitu-
tons. They take that ground and act on no other
superstition. They assume that the popular viii In
all particulars will be accomplished. And history
has proved that the presumption ls wei founded.
THE PRESIDENTS DUTY IN SUCH CA5ES
Referring to the manner IN which President
Tyler dealt with the application made by Governor
guaranteed to each State republican form Of gov
n case Requiring ing me
militia to put down domestic violence and suppress
Instruction. According 70 our system IL devolves
stance what are and what are not governments.
The President recognizes governments, foreign
governments, as tnsy appear from lime 70 'lme ~
constitution and the laws II an nsurrectton exists
against the government OF any State, rendering IS
his duty TO cali cut the militia and suppress IT,
Tue constitution and laws make 1t the lndispensa-
commotion what is the rightful government or the
State. He cannot avoid such decision. And In
the case Of Rhode Island President Tyler decided,
OF course that the existing government, the char
ter government, was the rlgntful government.
CHIEF JUSTICE fancy ON THE QUESTION
The opinion OF the United States supreme Court
favor Of the defendants. Ne said: by the act Of
exigency had arisen upon which the government
OF the United States Is bound interfere Is given
TO the President. He Is to act upon the appilca-
cation OF the Legislature or OF the Executive, and
consequently he must determine what body OF men
constitute the Legislature and who 10 the Gov
ties claim the right to the government cannot alter
the case, Tor botn cannot be entitled to It, II there
speaking, it is case Of domestic violence and one
OF the parties must be In tnsurrection against the
lawful government; and the President must OF me-
cesStty decide which ID the government and which
party Is unlawfuly arrayed aga.ast 1t before he
can perform the duty imposed upon HIM BY act OF
AFTER THE PRESIDENT HAS ACTED
and called out the militia is Circuit Court OF the
decision WAS rTnt oould i the Court Wne the
parties were actually contending in arms FOR the
possession Of the government call witnesses pc
fore 1t and inquire which party represented the
people II 1t could then 1t would become the duty
OF the Court provided II came 10 the conclusion
charge those who were arrested or detained by
the troops OF the United States or the govern.
ucQL winch the tTcSlQelt was IRVING 10 m3lQtalu.
II the judicial power extends 40 far the guarantee
contained in the constitution Of the United States
Is a GUARANTEE OF ANARCHY
and not OF order Yet II this right does not reside
In the courts when the conflict L. raging, II the
judicial power Is at that time bound 10 follow the
declslon OF the political. 1t must be equally bound
when the contest Is over. II cannot, when peace
restored, punish as offences and crimes the acts
as awu Gpon ns Of the
Governor king under the charter government
the President recognized him as the executive
of fho Gre tn ffNok 90 an
the militia TO support his authority, II IT should Dc
found necessary lor the general government to In
teriere and 1t 10 admitted that It. was the knowl.
edge OF this decision that put an end to the armed
opposition to the charter government and pre-
vented any further efforts to establish BY orce tine
/ THE INTERFERENCE or THE PRESIDENT.
therefore, BY announcing his determination, was
under his orders. And 1t should be equally as an
thoritatlve. For certainly no court In tine United
States, with knowledge OF this decision, would
. have been Justified in recognizing the opposing
party as the lawful government or OF treating %
wrongdoers or Insurgents the Officers Of the gov
was prepared to support BY An armed force. In
the case Of foreign nations the government &C.
In the courts OF justice; and this principle has
been applied BY the act OF Congress to the sover-
eign States OF the Union. 1t u said that this
power In the President ID a
DANGEROUS TO LIBERTY
paced N unworsny hands But It would BE- d
fcult, we think, to point ont any other banda In
which this power would be more safe and at the
same time equally enActual. When citizens OF the
same State are IN arms against each other ana the
constituted authorities unable to execute the laws,
the incorporation OF the United States must be
prompt Or IL is OF little value. The ordinary
course OF proceedings in courts OF justice would be
utterly unit for the CRISIS And the elevated
ONCE OF the President, chosen he Is by the pe0-
pie Of the United States and the high responsibility
he cannot fail to feel wnen acting In case OF so
mucn moment appear to furnish as strong SAFE
guards against wllful abuse OF power as human
prudence and foresight could well provide. At all
events, 1t Is conferred upon him by the constitu-
ton and laws or the United States, and must,
therefore, be respected and enforced In Its judicial
tribunals.
SKETCH OF DORR.
Thomas Wilson Dorr was born In Providence,
r. l., In 1905, and died there In December 1854.
He was the son OF Sullivan Dorr, successful man
ufacturer; was educated at Philips Academy,
Exeter, N. H., and graduated at Harvard IN 1923.
He studied law in New York In the ONCE or Chan
cellor Kent, was admitted TO the Bar in 1927, ana
commenced practice in Providence. Originally
iederalist in politics, he became democrat in
1887. Mr.. Dorr was elected to the Rhode Island
Assembly 18334-6-8 and 1887. He was pardoned
in ls47, and years later the Legislature restored
him his civil rights and ordered the record OF his
sentence to be expunged. He lived to soc his
State under an improved constitution, though Q
property qualification for voters still exists and
his party In legal possession OF the government.
cwpTYr M TIE wEAUHpC