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

| s4o+tt.e unos osnetor GOT IN
Mr. Mcrton-1 have not got it here, but
can furnish it to my friend
The misfortune of the Senator is that h
Is combating at every point the decisions O
tne courts OF last resort of the State O
Louisiana, and is compelled to resort to al
: gument, to assertion, and to ridicule t,
oser1nfow them. 1t the statutes of Louisi
ana, when applied to the confused state q
FACTS there recently existing, work out ,
particular result, we must accent il
IL Is OF the very nature OF government
ana essential to its existence, that tribunal
oe provided for the decision of every elias
OF questions that may arise, and that tn,
decisions OF such tribunals must be &C
copied as the final exposition and declare
t!on oI the law and the facts. If the de
clslons OF these tribunals are liable to b,
questloned and set aside cOliaterallv, or ut
Terry dlsregarded. because in the opinion o
parties interested they have not been rem
dered upon sufficient and proper grounds
tnat would be the end OF organized govern
ment.
Mr.. Stewart-If the Senator will allow
me, desire to inquire whether auy cont
having the case before them undertook tc
pass upon the merits of the case! Have
the merits OF the question of this election
Deen passed upon in any case
MI. Morton-The question as to who con.
stltuted the legal returning board was be.
fore the Supreme Court and argued at
great length. and the court decided it.
questions as to whether the laws passed
by the Legislature were valid laws were
before the court, and in several cases thew
decided and were required to find that the
hellogg Legislature was the lawful Legisla.
ture OF the State, and that Kellogg was the
Governor OF the State. The question arose
IN divers ways, l suppose. perhaps III a
| dozen cases.
The argument of the Senator that the in.
reference of the federal court under which
| hellogg and his officers were installed and
tor q time maintained through physical
force. furnished by that court, goes only
to the manner in which. as physical fact,
these men reached the several offices. Il
steers clear of the question of the title.
| The real question should have been, and is,
| not Wao 0vercame the physical obstacles
! or difficulties in the way, or kent off
| overpoweriDg force, but are these men
actual y IN possession of the offices in
accordance with the decisions of the tri.
ounals specially empowered by the laws of
the State to decide such questions. Accord
ing TO the declarations of the Senator in
his speech and in his report, Kellogg and
his associates, and Legislature composed
OF the same political party, would have
been elected il the election had been fairly
conducted. Here. then. is a set of officers
declared by the courts of the State to be
the lawful officers. and admitted by the
Senator himself to have the fullest eGuita-
bic title, It that expression NAV be allowed
with reference to such a subject, and the
objection he makes is that they got posses
sion OF their offices by the irregular and
unauthorized action of court.
Suppose man is in possession of piece
OF ground to which he has legal title. will
yen turn HIM out because he was put
IN possession by a court which acted
lrreguiarly or without authority! No;
the question would be determined
by the character of his title. and his
contained possession would depend upon
the decision of that question.
y title which the highest legal tribunal
has declared to be good IS no. impaired by
unlawful interference. even by violence, in
its support. And admitting the illegality of |
Judge Durell's action as fully as the Senator
claims II, IL only amounts 30 this, that the |
district court of the United States has un. |
lawfully intertered {, DO certain things |
which the highest tribunal Of the State de.
cldes to oe lawful and proper in themselves.
The supreme Court Of the State having
held that the Legislature was the lawful |
one which was organized by the admission
o. such persons only as were returned by
the Lynch board. is the legality Of that or.
ganzation affected by the fact that the Cir
cult Court OF the United States intertered
10 prevent the organization of the Legisla.
tire by persons who were no: returned as
elected hy the Lynch board. Ii an
officer IA the performance of his
duty were aided by mob.' The per.
Torrance would not be made illegal by
the presence and cooperation OF an unlaw.
full assembly. The fac: is that there is no
question now involved in the proper Ieci.
sion OF this great controversy before the
Senate which Is at all dependent upon the
former acton or opinions of Judge Durell.
The senator took the broad position that
'he action of the President did not consti.
ute recognition of the Kellogg govern
nent, because there was no case presented
lnder the law which authorized ill 10 acl |
IT to make such recognition. and that TIE
PROCLAMATION OF the President issued on the
wenty-third OF May. 1873. in which he
recognized the validity of the Kellogg gov.
rnment and declared his purpose 70
maintain II. was made withou. an.
hor:ty Of law, an! was a mere null
lty. Inc argument WA that the
tatuta Of 1873 gives Tie President
he right to intervene only IN cas-. of ..in- 9
direction aga!ns. the State while the ap- !:
icaIion made by kellogg FOR aid did not
tate that there was an instruction exist =.
~ against the State, bat only declared :
hat there was domestic violence which tn.
,
be constitution is: q
The United States shall guarantee 70
very State i'll the Union Il republican form ="
t government. and shal! protect each Of ,;
hem against invasion. and on application
+ the Legislature. or of the executive
when the Legislature can no: be couyenedl, =,
gainst domestic violence -
The constitution does not use The word :.
instruction at all. but declares that the r
nIfpI Mates shall fia "a 70 |
roper application, against domestic vic. =,
nee" 1t was undoubtedly the intention -
Congress in the act OF 1895 to cover the =
hole ground inc uded in the consttu. =;
Dna! provision: and there can be no pos. :;
ole reason shown WHY there was any -,
lrpose to make the provision of ~
e law more narrow than that of the con. :,
tuition. The word '!nsurraction" is de u
ned by Webster as "a rising against civil u,
political authority: the open active oppo. Il,
ion of a number of persons to the execu. aa
N of law in a city or State: rebellion, re. 20
1t. a rising up of individuals to prevent -
e execution OF law by force Of arms aud =. :.
us in itself the word covers every species ~
domestic violence. consisting of the open {,
d active opposition Of any number of T.
rsons TO the execution of law in city or f.
ate; so that an attempt by combination or
any number OF persons to resist the gov. u,
lment of q State in the execution Of 80
rtlcular law Is as much an instruction -,
ain5t the State as an attempt to overturH n,
: State government itself. ~,
The &C: @: 1907 Is in the to-lowir: Ian. fr,
age: III
Ia al. cases of instruction or of ob- an
uctloh 10 the laws, ether OF the United an
TIES or OF any individual State or Terri. Go
J. where it is lawful for the PresiIen. of ist
United States to call forth the militia an
the purpose OF suppressing such insur. IT.
ton ar ot causing the laws to be dulr Ga
cUted, j. shall be lawful for him TO en-. .rc