New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-27
PROTECTION AGAINST DOMESTIC VIC.
LENCE

such an interference IN the Or6anlZatlO
Of the Legislature Of one Of the States
n meaning, of course, Louisiana, as ir
wolves the subversion of the State 60,
eminent. The movement began in Obi
last. winter fitted from one section Of til
country to another. dallied with Congress
g for season. and now breaks out in tn
/ Democratic State convention of Iowa j
the following shape:
a Absolute prohibition Of military interfe,
!, | ence with local State elections. and th
4 peaceful assembling and organization o
State Legislatures. except in name
clearly defined by the constitution.
The. latter clause Of this sentence is in
i, tended as a shot at the President for BIZ
late compliance with his constitutions
duty in this State. We have no objectio,
to the sentiment. but insis. that it is no
applicable to the Louisiana case.
!. There was no prospect Of peaceful
assembling and organization OF our Leg
islature.
2. The action OF the military was clearly
! according to the manner defined by the
constitution.
No troops were sent 20 this State until
the Governor made an urgent call. in pur-
suance of article four, section four. Of the
| constitution He asked FOX protection
against domestic violence. The constitu-
ton designates him as the Judge Of the
existing condition Of things He called
upon the Presiden. for help in the man
ner pointed out by the consultation,
! and received il. The President had no
discretion in the matter. He could
not even inquire into the nature Of
the local disturbance. He heard the
| voice Of the Governor Of one OF the
States calling for aid. and obeyed
the mandate Of the constitution which
imperativeiy requires him to render such
assistance without stopping to ask ques-
tons. The troops once here, were re-
quired to report to the Governor for direc-
tions how and when to act. They came
as reinforce ments to the State Of Louis
lana, 20 be used against its enemies.
Even the President was subordinate to the
Governor in the details Of operations in
which the soldiers were 70 be employed.
The voice OF Governor Kellogg was the
voice Of the sovereignty of the State, and
the Plesident could not listen to any other.
There never was presented clearer case of
the subordination Of the military to the
civil authority. which is favorite maxim
Of all the political parties since Jefferson
wrote The declaration Of independence.
Practically. Governor Kellogg had forty
millions of people under his command,
with The President to lead them if such a
display Of force had been necessary to re.
press the domestic violence in this State.
Fortunately. few companies Of regulars
answered the desired purpose, and that |
was accomplis he'd without bloodshed.
The organization of the Legislature was
not peaceful. Far from it. In the opinion
of the Governor Of the State. based upon !
the representations Of more than fifty |
members of the House. some five or six |
unauthorized persons were engaged in
the work OF organization.
They appealed to the Executive for pro-
lection. He responded. as it was his
duty to do. In selecting his agents he
could. in his discretion, have ordered the
city police, the State militia, or a posse
comitatus TO 90 to the assistance of the
House and remove the disturbing ele-
ments. He elected the last named method.
and designated portion of the reinforce
ments which had been sent to the State
by the President. The officer in command
had no discretion but to obey the orders
If the Governor, to whom be had been
ordered to report for duty.
Here then, we find that so far from there
being any military interference on the
part Of the United States in the local
Iffairs OF the State, there was complete
to the civil power. General
De Trobriand yielded implicit, unques-
ioning obedience to the orders Of the
,ivil executive. He removed the offend.
ng persons, and left the responsibility for
he act where it rightfully belongs. to
Governor Kellogg. He. in return. is re.
ponsible only to the people or their repre-.
entatives for his official action. The
ropriety of his conduct has not been
uestioned by any authority having the
light to review his acts. The action ,
+ the President in yielding obedience to
he constitution has been formally ap. j..
roved by the votes Of both houses of O
congress. The only offender that has not
cen called to account in the whole mat.
= is the constitution of the United States
self. The provision which set the troops +
l motion and sent them here as reinforce. .
tents to the State government in its con. 6
st with its domestic foes remains on the
atute book in unblrshing boldness. 1t +
really against this section which the ,
emooratic guns are pointed. Do the r
intend to censure the action of !,
le fathers of the republic in thus afford. :,
e a sure safeguard to State sover. =
gnty: Are the weak States like Della. .
are to be at the mercy of local mobs: f
o have their governments set up one day d
nd torn down the next: Such was Ger. n
inly not the intention of the fathers -
hen they guaranteed the States protec. b
on against domestic violence. x
But this conduct is entirely consistent a.