The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-08
LOUISIANAS SOVEREIGNTY.
Extent Of the Authority Of Congress in
State Affairs.
REPUBLICAN FORMS OF GOVERNMENT.
Ordering a New Election an Overstepping
Of the Constitutional Safeguard.
OPINION OF GEORGE TICKNOR CURTIS,

OPINION OF GEORGE TICKNOR CURTIS.
TO THE EDITOR OF THE HERALD:-
In compliance with your suggestion send you
my views OF the proposal OF an act OF Congress
ordering new State election in louisiana. The
only constitutional authority for such an inter-
ference That have seen referred to Is the clause
OF the federal constitution which declares that
tine United States shall guarantee to every state
In this Union republican form OF government"
and the only facts hat have been suggested az
showing that Q case ras arisen calling for the
fulhlment OF this guaranty, are the uncer-
tainty that exists as to the lawful title OF
the acting Governor OF Louisiana, the uncertainty
that exists as TO the right OF the members claim
ing seats in the Legislature, and the mprobabiity
that the political parties In the State will be able
peaceablv to settle these questions II left TO them
selves. 1t would seem to be plain non SeQuttur
to assume that this condition OF AFFAIRS even sup
posing 1t to be correctly described or to be much
worse than It Is, constitutes want or an absence
OF republican form OF government, or even
danger that that form of government will be lost.
But as there is nothing else on which to base the
argument for an interference by Congress one
must treat the case as it is made by the advocates
for that Interference.
"hoeCNci NcWS may cuteTtb1u Vi tue Clause
In the constitution which guarantees to every
State republican form OF government, they are
not formed for this occasion or under its innu-
ences More than twenty years ago sought to
know the meaning and operation OF every
part OF the original constitution by the light of
historical facts and by the authority OF its
trainers. have seen no reason TO change the
opinions l then formed IN any important particu.
lar They may be erroneous opinions, but they
were carefully formed.
TIDE REPUBLICAN TYPE.
Any one who desires to know the intent and
meaning Of the clause In question must take along
with him the important fact that at the time Of
the formation and adoption OF the constitution OF
the United States, the States had constitutions or
forms Of government OF the republican type as dis.
tinguished rom monarchcal systems. The essence
OF this republican form consisted in the sove.
retgnty OF the people as the source Of all political
authority and In representative institutions as the
means OF exercising the Will of the people. AS the
system that was TO be established Tor q govern.
ment OF the Union was TO be oil the same general
character, 1t became highly important and, in.
deed indispensable object to prevent the esrab-
lisnment IN any State OF any form Of government
tnar was not OF the same republican type. The
dangers that were to be guarded against In this
respect were not wholly imaginary. Attempts to
overturn the republican constitutions Of the
States and to establish monarchical govern.
ments in their. place. thus reversing
what the Revolution had gained and
settled, might come from without, or
they might spring up within, the States. The
means chosen TO prevent this, and the historical
development OF those means, are very important
to be considered. The idea OF guaranty by all
the States. or by the combined power OF the
whole, to secure the preservation and continu.
ance OF the existing republican constitutions OF
the several States was preached at early period
In the Federal Convention. But IN the form in
which this guaranty was first proposed 1t In
cluded not only q republican constitution, -
but the "existng laws" of each State.
1t was soon perceived, however, that In this form
the right OF self-government would be crippled BY
rendering changes OF the existing laws impossible.
and as the right of popular self-government, ia
the freest possible condition. was the very thing
to be preserved, 1t was necessary to express the
guaranty within narrow scope. Accordingly,
departing from the phrase "a republican consti-
tutlon," and discarding the term "existing laws -
the guaranty was made to embrace only "a repub-
lican form OF government" thus leaving every
State free TO deal with its own constitution as Its
people should see It, so long as their
government should be one embodying the
idea OF popular sovereignty IN the form into
which it might be cast. In every State In the OLD
Union, at that time. this republican" form OF
government existed. It existed even In Rhode
Island, which had no other written constitution
than the charter gran ted BY King Charles H., but
which, the people having succeeded TO the
sovereignty, after the Revolution, was under q
republican, although not a democratic form OF
government The guaranty was. therefore, APP
pied 10 the continuance and preservation OF that
which already existed IN every State: and so long
as this existing form OF government, described
as republican" on account OF It's characteristics
the popular sovereignty and It's representative In
situations, should be continued BY the states, the
general government would have no occasion to In.
terlere. This lett the States at full liberty to
change their existing republican forms for otner
republican forms. "Tne only restriction imposed
on them" said the Federdlst no. AZ, ais that
they shall not change republican for anti-repupi-
can consttutions-a restriction which, it is pre-.
sumed, will not be considered as grievance"
WHEN DOES 1T CEASE TO ExIsTf
II a treaty were to be made between two in
dependent nations, by which each guaranteed to
the other republican form OF government, 1t
would scarcely be claimed that either was at lib
erty to interfere with the internal concerns or the
other without being called upon by that other Tor
assistance But let IL be conceded that this clause
IN the federal constitution Is something more
than treaty between each State ana all the other
states; that 1t Is a fundamental law which. I'm :
posing duty, also coniers an authority
upon the general government. Even upon
this view OF the clause IL cannot
be denied that when the general government
undertakes to exercise this authority it must pur-
sue the authority. IT. then. giving the broadcast
meaning TO the term guarantee" and supposng
it to mean that the United States snail prevent an
anti.republican form OF government from being
established In any state, whether called upon or
not called upon BY the State ITSELF It is apparent
that the authority must ana a limitation some
where. Where else are we to look for It's limi.a'
ton but In the true definition OF the term
republican form OF government " The OBJECT
that is to be obtained, or the thing that Is to be
prevented py the exercise OF an authority that Is
granted for that express purpose, is necessarily