The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1874-09-22
THE PRESS.
TUESDAY MORNING, SEPT. %, 1874
The President and Louisiana.

That part of the Democratic newspapers OF
the country which regard il as their primary
mission to traduce the Republican party and
hose it has placed in office, either by direct
charge or implication, give their readers to
understand that President Grant in restoring
the Kellogg government to position, has been
guilty of an arbitrary and unconstitutional
act. 1t is hardly necessary to say that such
is not the case, and if these partisan journal
lists were well versed in the constitution as
it was,' or is, they could not honestly make
such declarations. The courts of Louisiana
recognized the Kellogg government as the le-
gal one in that state. In 1873 President
Grant did the same taing. In 1874 an armed
mob overturned this government and under
took to set up another. The recognized Gov
ernor applied to the United States govern
ment for aid. The President consults the
fourth section of the fourth article Of the con-
stitution OF the United States which reads:
"The United States shall guarantee to every
state in this Union Republican form of gov
crnment, and shall protect each of them from
invasion; and on application of the legislature,
or Of the executive (when the legislature can
not be convened) against domestic violence"
The above is so clear and explicit that it
an leave no doubt respecting the duty of the
general government. The only remaining
question to be met is which department of
the national government, executive, judicial
or legislative is the enforcement of this guar
Snty against domestic violence intrusted to. In
reply TO this question, it can be stated that in
1795 Congress passed an act investing the
President with certain powers not only in cas-
es ofinsurrection but of domestic violence;
and the Supreme Court has twice affirmed the
validity of this legislation of Congress, once
when Judge Story gave the opinion Of the
court, and later in 1913, at the time of the
Dorr rebellion in Rhode Island when Chief
Justice fancy rendered the decision which
was practically concurred in by all of his as
sociates. Those interested in the subject
will find the whole of Judge Taney's opinion
in the seventh volume of Towards Reports.
As bearing upon the action of President Grant
in re-instating Kellogg, the following extract
from the opinion is worthy of consdera-
tion:,
By this act 1.-THE act of Congress of 1850 the
power of deciding whether the exigency had
arisen upon which the government of the
United States is bound to interfere, is given to
the President He is to act upon application
of the legislature or of the executive, and con-
sequently he must determine what body of men
constitute the legislature, and who is the gov
ernor, before he can act. The fact that both
parties claim the right to the government can
not alter the case for both cannot be entitled to
it. The President must of necessity decide
which is the government and which party is
unlawfully arrayed against it, before he can
perform the duty imposed upon him by act of
Congress.
In view of the provisions of the constitu-
ton, the acts of Congress ard the decisions
of the Supreme Court. it will be difficult for
candid man to see any other course for
President Grant to have taken in the Louis
lana affair than that which he so promptly
pursued. The partisan press which SO Bit
terly assails him is as full of resource and ex-
pedient that doubtless it may recommend a
policy outside of the constitution and the
laws. Evidently something of that nature
would best please their allies, the White
Leagues of the South.