The New York herald., 1874-10-10
The Presidents Power COnstab bular and
Not Judicial-Reverdy JOhnson's Opfn-

ion Criticised.
To THE EDITOR OF THE HERALD:-
Mr.. Reverdy Johnson's opinion seers to me very
strange. Mr.. Johnson appears 10 think that tho
legal stat us OF the Governor Of State may be az
lected by the action OF the national Executive;
that the legislative or executive recognition by
the united States OF the Governor OF o state is a
species OF adjudication that passes upon and set
ties the legal rights OF rival claimants.
The general government Is vested with no such
once or duty. The United States government is
bound on the call OF the Legislature or Executive
OF State when the Legislature cannoI
be convenedl to protect the State sagainsg
domestic Violence" In a case Of tnsurrection and
war in q State. the general government must Oh
request. interfere, and, IN doing this IL must,
cording to its best Judgment, decide which oifcer
to sustain. From this decision there can be no.
appeal, for is is followed by military force. Prac-
ticay 1t seats the favored claimant IN the Cover
nor's chair; but such Governor. not legally
elected, is none the less usurper by being recog.
nixed by the general government The United
States government Is only authorized to act in
cases OF violence, when the people are In arms; |;
and although q fearful duty, Q wrong de-
cis,on might be the least OF two evils.
1t Is simply . decision for Q terrible
emergency, and after peace ensucs the people Of
tho state are Tree TO unseat the recognized" Gov;
government is merely c0nservat0r OF the peace
In such cases, and Is obliged to select between
rival parties Dut IL Is only to stop violence. There
is nothing ia the nature OF umpirage in the busl-
ness, nor anything Judicial IN the proceeding Tho
decision states nothing out the question peace.
The Governor must still look to the laws OF the
State ior his right TO the Uflce, and, II not legally
elected, his being ''recogRizedn by the general
government has no effect upon his legal status.
whenever o case OF domestic vloienccn occurs 10
Is the duty OF the general government interfere.
Although 1t Is part OF duty OF United States
government to decide on state elections. IT 10 By
dire necessity obliged, In putting down domestic
violence, 70 select whom IL deems the Legal ofcer
Should some time elapse and another insurrectton
arise against the recognized Governor. IL will
again be the duty OF the general government to
act, and 1t should sustain what it believes to be
that, because usurper mad once been recognized,
the general government must always uphold the
wrong knowingly. TIE chief executive 0fncer
must do what ne thinks Is right eacn time. Conse.
Quences must take care OF themselves. II disas-
trOus to she state the State responsible not the
Executive of the nation.
1t must be Kept In mind that this duty OF the
general government TO interfere ID only war
necessity, never to be exercised except In case
Of imminent violence 1t Is an extreme duty TO
save The efIusiOn OF blood. the people OF state
rise against An acting Governor the general gov-
do before the contest is over. II the people by
violence unseat one claimed TO be usurper, and
peace and quiet ensue the occasion for interven-
ton has gone BY 1t Is not for the general gov
ernment when the people OF q State are not IN
arms, and domestic violence not imminent rom
ernor, and order out the United States forces to
enforce the surrender OF ono peaceaoy holding tho
once. Il. MCKINLEY URMSBY.
NEW YORK CITY. Oct. 9, 1874