The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-09-23
PREsIDENrGRANTs ORDER ILLEGAL

very general impression exists that tn
Pr -sident is by the United States Constitution
vest d with the power Of using the army an,
navy to ppress instruction against 'tat<
government. The newspapers, bcth Nortl
and South, see to take it for granted.
1t is gross error in those who have under
taken to ventilate recent events in Louisiana
No such power is conferred by the Consti
tuition. The language Of that instrument is
as follows:
Congress- shall rave power :.
to provide tor calling forth tn, militia to exc.
cute the laws OF the Union, suppress insurec-
ton and repel in aston" Sec s, D. Is
The only power vseted 4 the President, in
| the case of instruction in one Of the. States,
is to ne found in the Act of February %, 1885,
L. 4 ;. Sat. at Large, p. 424, which reads
as follows:
SECTION l. BE ii enacted butte Senate and House
Of Rrlnese'adtiresofH the United States Of A,ne,ica,
a. COny,ess assembled, That whenever the United
Sta shall be Invaded, or be in imminent danger
Of invasion from any foreign nation or InGlan
tribe. 1t shall be lawful Tor the President OF the
United States to call forth such number Of the
militia Of the state, or States, most convenient to
the p ace OF danger. scene of faction as he NAV
Judge IL c, ssary to repel such INVASION and t.
Issue hls o. dtrs for that purp se to such officer
Q cheers OF the militia az he shall think proper
AAd III case OF an lnsurrectiOn in any state
against the government thereof, it shall be law
fll for the Preside. Of the United States on ap-
pl'catiOn OF the Legislature OF such State, or Of
tho Executive, when the Legislature .nnot be
conveMG,) to CAL forth such number of the
militia Of any other State or States, as may be
applied for as lie may Dndge sufficient to sup. |
press euch in.urr-cti)n.
SEC. And De II further enacted, That when !
even the laws OF the United states shall be OBJ |
posed, or tAe execution thereof obstructeu. in |
any Sta e, by combinations too pow eItul to be |
by the ordinary course of judicial pro-
ceedlngs or Ivy the powers vested in the marslals |
by thus act 1t shall be lawful for the President of
The Unled States to call forth the militia OF such
state, or Of any other State or States as NAV be |
necessary to suppress such combinations and to
cause the laws to be duly executed /; and the use
q mil, Ia so to be called forth may be continue
II necessary, until the expiration Of thirty days
tittI the G announcement OF the then next session
IF Congo 80.
sEC. s. PrOrided a rays. and be 1t f,utte7. en-.
'cted, That nheneyer it may be necessary. in the
I'D ent Of the P,esiddt nj, 70 use the military
orce hereby directed to be called forth the
r. si.lent shall forthwith by proclamation, COM
nahd such Insurgents to disperse, and retire
1eac' ably to their respective a6odss in q limited
Ilil'
The Presi fent issued the proclamation as
e ,nired by law, and allowed five days tin
or the insurgents to dispense. Until the
lpse of that time, be had no power to inter.
ere with the insurgents.
In direct violation of law, and without
utAority, on the very day this proclamation
as issued, he ordered Gen. Emory to pro.
eed at once to pat down the insurgents aud
estore Kellogg. The order was, therefore, l
rossly illegal, and was null and void, because
le President had not the power to legally :,
ake it.
Resistance to the illegal and unauthorized I
der Of the President was no crime; on the
'ntrary. it is q maxim of American principles .
ID Jurisprudence that resistance to tyrants is n
j dience to God.