The New York herald., 1874-11-09
De FACTO AND De JURE GOVERNORS
Alexander Hamilton and "The
Federalist" Invoked.
Has the Louisiana Case any
ParalleI2
Mr.. JOhnS0n'S Answer TO George Tickn0r
Curtis and Judge Black.

WI hS uuu Suu6c DsuSns
BALTIMORE, Oct 2s. 1874.
JAMES GORDON BENNETT. ESQ.,, EDITOR OF TIE
HERALD, NEW York.
DEAR SIR take the first leisure have had
since the publication OF Mr.. O'Conor's letter to
you OF the 9th OF october to reply 10 1t.
The single poin. In issue between US is
whether the President, having committed an
error IN recognizing Kellogg. was at liberty after
ward to correct it, by refusing when applied to
the second time.
THE FIRST PROPOSITION.
Agreeing as we do that the recognition or Kel-
oag as Governor was legal and binding upon
everybody in and out OF the state, and, therefore,
constituted him Governor de jlire as well as de
lacto. differ only as to It's being conclusive
upon the President himself Mr.. OConor holds
that the President Is at liberty to re-examine the
matter and 20 recognize some one else as the Gov
ernor. According to Mr.. OConor. that decision
Is law to everybody except the President
that, TO him, in such a case, ne is
law unto himself; and, II upon further examlna-
tlon he shall think he has committed error, 1t
Is his duty to correct 1t. In my 1t Is difficult
TO imagine a doctrine more lul OF mischief and
more Inconsistent with sound principle. No state
o1 things can well be conceived more disastrous
than that OF leaving 1t TO any person, however
nigh may be his station and pure his motives, to
make, by his single determination. one man q
Governor OF State to-day and another man to-
morrow.
CAN CAESAR DO wRoNGS
1t is no answer to say that these conflicting dis
cussions are not to be apprehended as possible
Such suppostion as Mr. O'Conor says, rests
only upon the idea that there may be at the head
of the nation a capricious or stupid and vacll-
latlng chief who might change mis- mind ire.
quently and hurl State governments into
power and out OF it from day TO day.
The power OF the President to enange
his opinion on such matter. II Mr..
O'Conor is right, makes 1t his dutv to
Change it. This power and duty are independent
OF his actual character Tor ability and patriotism
DE may be all that the President should be, or he
may be such man as Mr.. O'Conor sketches But
IL there ba danger in changing opinion upon
such matter the danger exists, and all its mis-
chievous consequences will result, whatever may
be the character OF the President. The peril IL
iounG in the principle on which the power Is
caimed-the right and duty to change q first de-
cision. The doctrine is dangerous; not because
1t tctH be abused by a President, but because It
may be abused. No man Is more willing to ad-
nit-certainly no one more strongly nopes-tnan
do. that the office oil President Will
never be filled by any but man
VI nigh CHaIhCIcT anu BIe6t 8UlAly
but a man possessing both attributes may, In such
exigency this question involves, commit
blunders, and these blunders he may innocently
repeat. He may be wrong in hts nrst decision
rom mis- not having thoroughly examined the
questions, he may be LED into error BY the
conrriyance or fraud OF others The power
and duty Of the United States are prescribed
by the fourth section OF the fourth article
Of the constitution. The United States are
to protect the State from domestic violence
when called upon to do so by the Legislature. or,
II not in session. BY the Governor. TIE language
of the clause as far as necessary to quote IT, is
''rhar the United Sraresu ''shal protectn each
State ION APPLICATION or the Legislature or OF the
Executive twhen the Legislature cannoI
De convened) against domestic violencen
This provision, OF ITSELF gives no power
TO the President. The obligation which lt imposes
ls upon the United States, and, ike all similar
obiigatlons, the mode OF fulnlng them Is to be
prescribed by Congress. That department OF the
government is vested with all the granted or i'm
piled powers or legislation. Under this authority
Congress passed two acts-one on the 2Sth OF Feb.
ruary, 1895, and the other on the Sd OF March,
1907. By these laws the militia and army and
navy Of the United States placed at the dispo-
sitton of the President to enable him, the agent
or the United States, to accomplish the object OF
the constitution.
A MASTER OF LEGIONs
The language Of the first act, as far as material
to be quoted, Is that 'in case OF an insurrection
In any State against the government thereof It
shall be lawful for the President OF the United
states on application OF the Legislature
Of sucn State, or OF the Executive
when the Legislature cannot be con-
venedl, to call forth such number or
the militia OF any other State or States as may be
applied Tor, as he may judge sufficient to suppress
sucn lnsurrecrion." BY the second act, in the
same exigency, the President is authorized to EN-
ploy the army and navy of the United States
since the decision or the Supreme Court In the
case OF Luther vs. Borden. no doubt exists, IT, In
iced, any ever was seriously entertained, that
when the President Is so called upon, he Is to de-
tide two questons-First, whether the Legislature
Or the Governor when he IS solicited by either, Is
the Legislature or the Governor or the State !;
and second, whether an nsurrecIon against
the State prevails. These questions being
distinctly submitted to him, his authority
TO determine them Is complete and imperative.
When, therefore, he Interieres on the call OF the
Governor he determines that the party calling
upon him Is the Governor and that there 10 an In
surrectlon. Unless he finds both these facts TO
exist his interference would be altogether illegal.
HIS interference, therefore ito repeat IT., neces-
earily determines both facrs TO apply these re-
marks TO the Louisiana case, Mr. Kellogg pro-
tossing TO be the Governor OF the State, invokes
the PRESIDENT TO put down existing insurrec-
tion and the President does interfere. Can the
egauly ol that interference be questioned by
anybody IL the President acts corrupty and
with the view to sustain one whom he knows or
believes Is not Governor. or to march his troops
into State for some otner purpose than to sup
press an insurrectioa, lie makes himself
liable to impeachment, and would deserve It; but
bis acts IN point OF law. are not the less valid
In Mr.. O'Conor's view what the President did in
such case. In the 1rst instance although ob.iga-
tory upon everybody else Is not obligatory upon
hnm. And IT, therefore. he Is, within day or a
week or any other specified time, called upon by
McEnery, protesting to be the Governor to sup.
press an lnsurrection headed BY Kellogg himself,
IL IA not only mis- right but mis- duty. to recognize