New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-26
THE LOUISIANA INIBROGLIO
Hon. F. T. Frelinghuysen's Views on
the Situation.

ASvAs - - - ASAAAS w. 1919
the Situation.
Argument Against the Bill Directing
New Elecfion-GOvernOr Kellogg III
Legal Executive of the state TIL
Powers of the Executive and LeRisla
tive Departments Defined.
On Tuesday last, the Senate being in cou
nittee of the whole, and having under cor
sideration the bill to restore the rights o
the State of Louisiana, introduced by Sena
tor Carpenter, Senator Frelinghuysen spok
as follows:
Mr.. President-Hayin rather incident
ally than by deliberate purpose taken some
subordinate part in the discussion of THU
question when it was before the Senate OF
former occasion, propose now to submit
cOncisely my views on two propositions
First, that the President Of the United
States was authorized by the constitution
standing alone, and that he was also au
thorized by the statutes of the country to
send armed protection to Louisiana; and
second, that Congress is not authorized to
order new election in that State.
And may here say that when can not
agree with the conclusions of the Senator
from Wisconsin (Mr. Carpenter,) trust I
do not violate delicacy in stating that
admire the marked ability with which he
has presented his views. He has SO present
ed the case that he may properly demand
and not petition for it a serious and careful
consideration. 1t is to the labogs of that
Sepator and of the Senator from Indiana
(Mr. Morton) that we and the country are in
debted for an understanding Of this some.
what complicated subject.
I submit that the President was author
lied by the constitution, standing alone and
not enforced by any statute, to send the
protection he did to Louisiana Mr. Kellogg
was the Governor de fact0 of that State.
The President told us that he had SO
recognized him, and that he would continue
SO to do unless Congress directed to the
contrary. and we purposely did nothing
Kellogg was therefore Governor de factO,
recognized by the President and by the
silent acquiesence of Congress; and on the
thirteenth of May, 1873, he sent the Pres
ident this communication:
"SIR-Domestic violence existing in sew
eral parishes OF this State which the State
authorities are unable to suppress without
great expense and danger of bloodshed,
and the Legislature not being in session,
and it being impossible to convene the Leg
islature in time to meet the emergency, l
respectfully make application, under the
fourth section of article four of the consti-
tuition of the United States. for sufficient
military force of the United States govern
ment to enable the State authorities to sup
press instruction and domestic violence.
every respectfully, your obedient servant,
civilian p. KELLOGG,
"GovernOr of Louisiana.
ITO his Bxcellency U. S. Grant. President of the
United Ststes."
If the President was satisfied that domes-
tic violence existed, on being called upon
by the Governor for force to suppress it
he was bound under the provisions of the
constitution to do so, whether there was or
there was not any statute imposing that
duty upon HIM. That disorder existed in
that State can not be questioned, because
the preamble Of the bill introduced for q
new election truly declares in these words:
WHEREAS, The public peace in that State
is at present preserved, and can only be
preserved during the existing state of things
In said State at tho expense of the United
States, and by retaining part of the army
in said State"
That the demand upon the President was
made according to the constitutional re-
quirements whether in compliance with the |
statutes or mott can not be questioned, after |
reading the foregoing application.
Sir, the constitution carefully distributes |
the powers of government into three |
branches, the legislative, judicial and ex-
eCutlNt. AEtlCic UuC, SSCtlOh gig uCCi0Ico |
the powers of Congress in eighteen different |
clauses. Article three, section one, declares |
that the judicial power shall be vested in |
one Supreme Court and in such inferior |
courts as Congress may Ordain and estab
lish, and article two, section one, declares
that the executive power shall be vested IN
the President of the United States. This
of power is essential to repub- |
lican liberty. The ACKNOWLEDGMENT of all
;,, hnIx, VIII cnnsiatS of |
many individuals or unit, is despotism.
The question is, to which of these three dl- |
visions of government the duty under the |
constitution attaches to protect State from
domestic violence! The constitution says
that i. is "the United States" that Is to give
this protection. We are here told that say |
ing the united States shall give the pro- |
lection is equivalent to saying that Con-
gress shall give it. To that can not agree.
If the constitution had intended that Con- |
gress, as contradistinguished from the exec |
utive or Judiciary, should give this protec |
ton, 1t would have enumerated this power
among those conferred upon Congress in |
the eighth section of the first article. In |
that enumeration Of the powers of Congress |
it is provided that Congress may suppress |
and repel invasion but gene
raj instruction is very different thing |
from domestic violence in q State. That |
term includes instruction, but it cOmpre |
bends much more that does not amount to
Neither can it be claimed that this power |
IL given to Congress by the last clause of |
the eighth section of the first article, which |
says Congress shall have power ITO make |
ali laws necessary and proper to carry into |
execution the foregoing powers. because |
this protection against domestic violence is |
not foregoing power. not being mentioned
until We come to the fourth section Of the
sixth article, while this provision IS to
making all laws, ETC., Il found in the eighth
cotton of the fret article; and beeidee,