The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-08

doctrines OF the American Revolution. Now, n
seems 70 me that there can be no clearer PROPOSE
tion than ths-that no legal tnterregnum In sn1
State once. In any number OF the State o1acess
can displacs or destroy the sovereignty d
the people or the representative institutions
which they have established. These remain
untouched and unimpaired. The sovereignty Of
the people Is incapable OF being abrogated or de-
stroyed by any condition OF the o1ces, and the rep
resentative institutions which they have estao-
lished continue 70 exist although the representa-
tives may not have been chosen TO oil them II
there are disputed elections, or even II the practs
cal condition Of things renders .It morally imposst
bic to ascertain with legal certainty who Is elected
what is there TO fall back upon but the sove<
reianty OF the people, the right OF seIgovernment,
which is incapable OF destruction Does the guar
anty clause OF the federal constitution come in
here to re-establish that which has not been over
THROWN The very thing which that guaranty
clause was designed to preserve-the republican
form OF government, the right OF the people to
govern themselves the right TO correct all evils,
to supply all Observation-Disclosures In full and unlm-
paired vitality. We are not to forget.
in constituting this guaranty clause Of
the federal constitution. the potent and
emphatic reservation OF the tenth amendment.
that all powers not granted by the people OF the
States to the general government remain to the
States or to the people; and It would be strange
indeed, II the authority under which the general
government is to secure the preservation OF tina
reserved sovereignty OF the people OF q State
should be turned into the means OF overthrowinQ
or dlspaclng It.
STATE SOVEREIGNTY.
In the few observations which I had an oppor<
tunty to make at the Cooper Institute meeting OF
January II expressed the opinion that. when
q State has the misfortune to get into such a
condition that 1t Is without any lawful govern
ment lawfully elected ofncers) Il belongs td
the people OF that State, In their sovereign
and primary capacity, to take all the tnitfa-
tory and all the fnal steps for the estab-
lishment OF such q government" 1t waA
impossible such an occasion to expound
or TO illustrate this position. Let me-
do so now or course regard the primary SOW
ereignty OF the people of State as the funda<
mental idea Of q republican form OF government,
according to our American political sentiments-
Along with the sovereignty OF the people place,
as the only other essential element Of republic
can form Of government the representative In.
situations which are known to all our political,
systems What Is commonly called the govern
ment OF q State, tnereiore-namely. It's officers
does not. IN my view. enter into the essential
elements Of q republican form Of govern
ment-that is TO say, every office in the State
may be vacant yet the republican form OF govern
ment remains, because the sovereignty OF the
people and the representative institutions remain.
Now 1 DO not forget that the people OF State may
have limited the exercise OF their own sovereign
ty, by limiting their constitution or other
organic laws the modes IN which they VIII fill their
representa- oflces. Suppose this TO have BEEN
done; and suppose that there is failure TO elect
any officers. that the people will not recognizes
as lawfully elected those who claim to have been
elected Congress then steps forward under the plea
hiatt no anuh n for nj n
destroyed. and orders an election to be held. Tho
people OF the State answer 1--WE have a consti-
tuition which recognizes our sovereignty. and we
have represen tative institutions for the expreS-s
sion and exercise OF our will. These remain to u.s.
They constitute republican government; they are
republican government. What you propose ia
guarantee to US remains In full life and vtgor-;
Your interference cannot restore II to us, for il
mas never Deen lost. We decline your authority
to interfere in a matter which Il not OF tina
essence OF republican form Of government
namely. the election OF our State oflcers-any
more than il would be OF the essence Of q repub-
lican form OF government Tor you TO order what
laws we shall make, what taxes we shall pay f0E
the support OF our government, or what We shall
eat, drink or wearS" I am unable to conceive
what reply could be made to this; and have seen
none by anticipation which undertakes ia
meet the objection, excepting this THAI
lawlessness in Louisiana that unless there Is some
interference from without society. law and ORDER
Will perish. But If this is really the why dis
guise the interference under constitutional ormsa
Why pretend that you enter the State in order to,
guarantee q republican form OF government.
when In fact. you 60 there with the strong hand
TO suppress the right Of self-government because,
as you say, the people are no longer 1T to exer.
else it9 For my own part rather than hsvd
Il
Congress into q State to hold q Sratd
election on the pretexts or the reasons assigned.
l should prefer 10 take the risk OF all that may
happen from and after withdrawal Of the federal
troops. 1t seems TO be generally conceded that Il
the troops were withdrawn the Kellogg govern
ment, which nobody can pretend Is any thing bus
o usurpation, would dissolve and melt
away. Do the people Of this country,
then. desire, Tor the sake OF iurnish-'
ing q way out Of the difficulties in which
she course OF the federal Executive has involved
the State OF Louisiana to see the guaranty clause
OF the federal constitution construed by prece-
dent that VIII overthrow the very popular SOW
ereiguty which 1t was designed to secure' The
precedent, If made will be one pregnant with tho
most portentous consequences 1t will dwarf all
the measures or steps OF consolidation that have
been seen or thought OF in our history 1t will
proceed upon the idea that without any calf
by the STATE or its people, anu constituting
itself the sole and absolute judge or the exigency-
Congress may declare that republican form Of
government no longer exists In q State, because
the state onlces have not been legally filled, or be-
cause disputed election OF a Legislature mas re-
suited In an uncertainty. or because majority or
minority OF the people regard the acting Governor
as usurper. What will remain OF the independents
sovereignty and the autonomy OF the states alter
such precedent
FEDERAL INrERygRENcE UNwARRANTED
Doubtless the governing majority OF the presene
Congress have the physical power to order State
election in LOUISIANA: but IL Is to be hoped thai
no democratic vote will be given Tor such an act.
1t is only by steady and unanimous protest
against such interference that the democratic