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

3 | the Legislature Is that certain persons ar
reported to be forming combinstions t.
authority, and the State is threatened witt
violence" The language of Governor kel
loggs letter is: domestic violence which
+ the State can not repress" The languag,
of the application in the Rhode Island case
made by Governor King, is that " the
State is threatened with domestic VIC
lenee;1 and the only recognition which
government of Rhode Island was
in the letter to which l have
J referred, and by sending a company OF
troops to Newport. i'll that State. Suisse
quently the Legislature passed resolutions
invoking the aid of the United States to
suppress threatened insurrection; and to
that the President replied that the Dorr re-
bellion had already been suppressed, and
!, there was no occasion for his interference.
The recognition thus given by President
Tyler in his letter to Governor King was
treated by the Supreme Court of the United
States as a recognition of the charter gov
eminent, and decision made by him in
pursuance OF the power vested in him by
the act of 1895 In that case the President
issued no proclamation a all, but declared
his purpose to Governor King, if need be,
to suppress 'lawless violence in the State"
but used no word in regard to ''inshrrec-
ton"
| hS ucioIo stdted, on the ninth OF Decem-
Der. 1872, what is known as the Kellogg
Legislature passed resolution asking pro-
tectlon against threatened violence and two
days afterward the President sent a
dispatch, through the Attorney General,
declaring that he recognized that Legislature
and Pinchback as the Acting Governor of
the State. Subsequently came the message
OF the President i'll which ne stated that he
had sustained the Kellogg government, and
should continue to do SO until Congress
| otherwise directed. Afterward, on the
twenty third day of May, the President is
sued his proclamation upon the request of
tne Governor, In which hesdeclared that the
heliogg government had been pronounced
| the legal government of Louisiana by the
Supreme Court of the State, warned all per.
sons to cease their opposition to it. and an
nOunced his purpose TO give it protection
Inc argument of the Senator that the
PRESIDENT had never recognized the Kellogg
government seems to be triting with the
whole matter He did formally recognize
the Legislature; but if he had not, and had
only recognized the Governor that would
have been the same in effect. for the title of
the Governor and thai of the Legislature
rested upon the same facts and decisions of
the courts.
While the Senator was hair-splitting on |
the definition Of words and the phraseoioov
IN Governor kellOggs letter, the great fact |
was that just before that letter was written |
more tnan hundred men were murdered |
~ colu olooo IN the name OF the McEnery |
government. The recognition by the Presi- |
dent OF the Kellogg government was in pur-
suance OF laws passed by Congress, and |
was IN every sense an act of the govern
ment of the United States; and consistency.
n"i nuhy anu puolic good require that 1t
should be respected by the Senate, acting
In us separate capacity, until by constitu-
has !
sel asioe'
The spirit and logic of the law is that the
recognition of a State government hv the
President, made in pursuance of an act of
Congress. must stand as the act ot tho
whole government and be conclusive untiI
such time as it is reversed by law. Sucb
reversal can NOT he made bvthe sanaratn
action of either house. Suppose there were
three claimants for the office of Governor Of
louisiana and the President should recag-
nize one, the Senate another and tine Uousa |
a third. Such state of things would lead
to dangerous confusion and absurdly. and
might result in anarchy and bloodshed: and
The ONLY escapA from such dilemmos 10 j.; |
the doctrine that the recognition Of a Stata
government by the President in pursuance
of an act of Congress must stand for ,he |
whole government until reversed bv law. s
Mr. President ,he nrnnos;tion ~ s+
aside the State government of T,ori.iann {
and 10 order new election is on. of the
gravest possible character | NAV remark {
that it could not he done vitboi1t sa+tinr
aside a part of the constitution of I,nnisi- ,
ana. The constitution REQUIRES the GOV. +
ernor TO be elected on the f,nrth of Maven, !
Der of every four wears: il Drovides that the t
Legislature shall be elected on the sec. .
Dnd of November every twn wears /
If we should now set aside this coyern. a
nent and order a new election. still the con. c
'tituton Of Louisiana would REQUIRE a new !
lection to be held for members of the | t
Legislature in November next This new q
legislature, elected under our law. could I
lot hold beyond that time unless we ser v
tsde the constitution of Louiaiano. And {:
low would the new Governor he lnsuonr. Il
tied! The constitution of Louisiana re. =
lnires that the votes SHAH be counted by :
ne Legislature, and lie be declared to be
ected by it, and that is all the commission | g,
e ever gets: for the Governor of a State G
cts no other commission. We can nor. y
set aside this State government
nj order new election without set.in.. {,
side part o; the constitution of Louis. ii
an,. tt
Under the constitution .hc rev Leyisia. ii
ure would not meet until January, 1879. az
Mess called by The new Governor. and he al
an only be declared elected hy the Le~is. I.
.ture. is
Mr. ConklinG--!f the Senator from In. III
lana viii allow me, before he takes leave Ii
t the Presidents proclamatiou. / shonil or
Ike TO MAKE an observation. sc
Mr.. Morton-Very well. e
M. Conkling--The argune0. % tlle Sen. Z,
.or from Wisconsin. aimed q, the act of til
&c President IN addressing proclamation la
those threatening the public peace in bu
ouisiana, proceeded on the idea that the pc
resident must acc upon the information M
,ntaned IN the auDlcation from the Gov. | q: