New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-03
INsURREQII0HvA aAIReT tbs S1ITED
STATES.

We have shown that the enforcement o
the federal Law in Louisiana is due to n
partisan hatred. General Grant when b
paroled che defenders o! Vicksburg
Offered terms Of capitulat;on to Lee which
were accepted without change. and re
buked the administration Of Andrew
johnson for their attempt to arrest Gen
erals Lee and Johnston for treason. has
given indisputable evidence that be had
and has no wish to prosecute those ovel
! whom the law and official duties have
! given him authority.
The theory of the federal government,
if not changed by the war. has been devel'
oped into irresistible and unquestonable
supremacy by the war. Under this estab'
lished theory the obligation is unqualified
that the Pr esident shalt to the best Of his
ability "preserve. protect and defend the
constitution Of the United States" The
exercise of this duty does not depend
upon supporting the constitution as she
understands it," but be is the executive Of
the law. and as q republican President
executes that law as enacted by the repre-
sentative and expounded by the judicial
departments.
From. this history arises the obligation
Of the federal government to maintain
order and obedience to law everywhere
within its jurisdiction and to protect its
citizens everywhere within and without its
jurisdiction.
There is then neither part;sanship nor
vengeance in tho inexorable enforcement
Of the federal law. It grows out of the
established power Of the people Of the
United States to enact. edjudicate and
execute the laws
1t is in this view o. the new dispense
ton that The REPUBLICAN has warned the
White League leaders Of Louisiana 20
beware how they tampered with this
power. Il has admonished them that
they have not regarded the powers to sup.
press illegal disturbance accumulated in
the hands of the executive during the war.
1. is with the New to protect and pre-.
serve the commercial and social interests
Of the State. that these warnings have
been given, and it has been but an honor
able return for any personal considesa.
lion shown us BY gentlemen in the midst
Of populat fury. Had We been capable
II the base spirit Of intolerance or
vengeance, We would not have given
his warning. which even the legal adj |
gisers Of The instruction have withheld.
The Republican, has explained the
great change in the duty Of the federal
under che fourth section Of |
he fourth article Of the constitution. 1t !
8 that ''insurreetion" against the State !
becomes instruction against the federal !
There is. then, . concurrent !
Jurisdiction by both the State and federal
over . double otfense. by |
nd those who violate the law must |
,ondone their of3ense with both govern |
nents.
We refer the federal law title '.iusurrec-
ion" to the examination Of any counsel ir
yhon the 4ueSist may have confidence.
Let i. be examined, and i. will be found
l. That tho Presiden: must furnish.
.pon the demand Of tie State authorities.
orce adequate TO pu: down any domestic
io!ence"- the legal eluiyaleo: Of iusur.
ectior.
2. Tia. upon such notice the President
aust publish his proclamation command
ns the insurgents to ''a;sperse and retire
0 their respective abodes within limited
ime."
3. That upon failure to comply with
bis condition tho offense is consummated
sainst the United States by disregarding
S lega! proclamation. and thus those who
egin. by simple resistance to their own
tate laws. inseasibly stand committed to
le penalties of an offense agains: the
Tvs of the United States. l
If this reasoning be correct. those who
re in technical instruction against the
tate have contaminated the offense Of
against the United States.
On the twenty-second Of May. 1873.
lie President promulgated proclamation
nder which he alleged that |,
Under the pretenss that William p. Kei.
gg, the present executive of Louisiana /
I'd the officers associated with him in the |
tate administration were not duly elected. f,
,rtain turbulent and disorderlv persons
ave combined together with force and
ms to resist the laws and constituted Az.
orities of the said State. Il
Then follows citation OF authority for
iirming the legality Of the Kellogg gov.
nment. with quotations from the federal
W that :" in all cases Of open insurrec.
IN In any State. or Of obstruction to the
VS. thereof it shall be lawful for the Presi.
mt to employ military force for the pur.
'se Of suppressing such instruction OF t
using the laws to he duly executed" and ,
en- comes the notice and command that i
aid turbulent and disorderly persons t
all 'disperse and retire peaceably to t
cir respective abodes within twenty t
Us from this date and thereafter submit
emselves to the laws and constituted
thorities of said State" /!
In addition COMES the proclamation Of
e President Of the sixteenth of Septem. t
=. 1874. based Oh similar allegations t
ID conveying the same warning. It
This may open a new issue. Tie VIC. t
lion of the first proclamation By the in