The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-22
THE RIGHTS OF STATES AND LEGIS-
LATURES.

lature is the great question which agitat
- the American people. The President, VIII
@ IN his message seems to recognize the absolu
re right any deliberative body to assemble al
% organize, yet excuses the act of Gen. De tt
BRAND in ejecting five members by the for
OF bayonets from the legislative hall. 1t
10 this great outrage against civil liberty whie
e has aroused the public.
!. Boston, at its very large meeting at Faneu
y Hall, on this subject resolved as follows:
We citizens of Boston, assembled in Eau
euil Hall, hereby resolve:
q l. That we have heard, with deep indion;
ton, that five persons, occupying seats in th
u Legislature of Louisiana, were torcibly r,
A moved from the hall Of the House of Repre-
sentatives on the 4th day Of January, 1875 b
e the military forces of the United States
2. That the conduct of these forces in sue
action was in violation of the rights of til
people of Louisiana and destructive of civ
6 liberty:
1t is for the advocacy Of this elementar
} ton of this idea which has aroused the en-
thusiasm of the people.
On this subject we can publish NOTHING
more appropriate and forcible than the re-
marks Of the Hon. Reverdy johnson:
INyIoLABILITY OF LEGISLATURE
By the Constitution Of Louisiana, and I
believe by that Of every State in the Union,
each branch Of her Legislature is expressly
made the judge of the election, returns and
qualifications of its members. From the
nature of this power it is necessarily exclu-
| sive. 1t cannot be taken away or abridged nv
the Executive 1t covers the whole ground
and was intended to vest and does vest, with.
out qualification or condition, the entire pow-
er in each House. A State may pass laws
regulating the election Of its Legislature. in
all matters not inconsistent with its own Con-
stitution or the Constitution Of the United
States
The Legislature of Louisiana may have DOS
sessed the authority to pass the law under
which the Returning Board was appointed
and organized, but it could not clothe that
board with any authority, express or implied,
TO impair the constitutional right Of the Lee
glslature to pass upon the election returns
and qualifications Of its members That be-
ing constitutional power expressly dele
gated to the Legislature, it could not be trans
ferred by it to any other body. 1t is power
essential to legislative freedom The history
OF the legislative department of Great Britain
shows that this power, after various struggles
with kings and lords, secured its permanent
place in Parliament and ha, never since been
called into question.
II the Legislature cannot delegate the |
power, still less can it be exercised by the |
Executive, State or Federal. To suffer it to be |
done by either would be to divest the Legisla-
ture OF power essential to its own integrity.
10 permit the Executive of State to purge the
legislative halls of members whom he NAV
suppose not to have been elected would be
not less fatal to the very end of such de-
partment than to give him the power to select
It's members. And to authorize the President
20 to interfere would be a total viola.
ion of the powers admitted to belong to the
states, and OF the limited powers conferred
lpon the General Government, and especially ,
lpon the President himself Now, assuming
hat ne authorized this military interference,
which has SO justly excited the indignation of S
ne nation, IS to suppose that the President s
las not only transcribed his clear duty, but ,
las exhibited gross and objectionable igno- i
ance OF, or Indifference to, the Constitution Z
nder which he holds Office, and which he has r
worn Ito preserve, protect and defend.
Inc only ground upon which Gov. Kellogg
the military officers, seek to Justify the
curse they have adopted, is that the mem e
ers whom they elected from the hall had not "
Of their election from the Return v
g Board. few words will show how utter
unfounded is this pretense. That Board
as not substituted and could not have been CT
Instituted, for the Legislature in passing
pom the election returns and qualifications =,
Its members. The Legislature have the
me right to pass upon the legality of the p
'oceedings of the Board that they would o.
we had to pass upon the proceedings of the to
lpervisors Of Election, if no such board had
cen provided for.
NO one can come to any other conclusion
Ter reading the above remarks than that the
mt to organize is vested in the Legislature, pl
thout any interference from outward pres !,
re or military force. f.
And neither was there any excuse or ground
interference. On this point we again CT
ote from the great speech. 80
THE PRESIDENTS RESPONSIBILITY. Wa
come, now, to the very unpleasant duty We
proving, what, indeed, everybody knows,
It the full responsibility of what has oc- Ae
RED rests upon the President. With high Pu
OF the services which he rendered j,
country during the late war, I can not, VI
Wever, IN justice to truth, to you, and to un
self, fail to stigmatize what he is now Pu
ng as fragrant usurpation of power. oe
nave looked IN vain to discover any sim t''l
fact which would even palliste, much less !,
tify it. Most sincerely do I wish it was tn ~
erwise. The limits of his power to use :
itary force in any State of the Union are tak
scribed by the act Of Congress Of February
1875, and are confined to cases of insur- by
ton. The language Of the act is that sin mi m
3 OF an instruction in any State against III VI
Government thereof, it shall be lawful for no
President of the United States on appli- Wh
on OF the Legislature of such State, or of aio
Executive when the Legislature cannot vot
to call forth such number of the Ola
tia Of any other State or States, as may be run run
lied for, as he may judge sufficient to sup MI.
IS such instruction" the
y subsequent act he was authorized, but quo
er the same conditions and for the same 8
pose, to use the army and navy of the by
ted States. Under these acts of Congress, :
which alone the power is conferred upon put
President, his interference by the military the.
RI