New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-11-10
A STAB AT STATE RIGHTS.

in Mississippi means something more
than the triumph of set of INSCRIPTIONS
office.seekers over those whom the ma
jority of voters in that State would have
chosen had they been left the right of
choice. With the defeat of the Repub-
lican party by violence State rights fell
for the time being; a precedent was estab-
lished which, in the future, may come up
to plague those who now so loudly applaud.
When the federal Union was formed
each State claimed to be sovereign, and
the claim was, of course, unanimously
conceded. But one nation could not be
formed out of many without surrender
to the central head of portion Of the at
tributes appertaining to sovereignty. Thus
) the States gave up the right to declare
war, to keep standing armies to maintain
ships of war, to lay tax on commerce,
to coin money and some other rights,
which could not be exercised by the sew
eral States without coming in conflict
with the interests of others. In surren-
dering these rights, the State stipulated,
among other things, that the United
States should protect it against invasion
and domestic violence. The taxes to
carry out all the purposes of the constitu-
ton are paid into the national treasury, and
the duties prescribed by that instrument
are imperative upon all officers and agents.
A State has the absolute, unqualified
right to demand and receive federal pro-
lection from any force which threatens the
peace within its limits, and thus avoid
the expense of another tax for doing that
which the United States has already been
paid to perform and undertaken to do.
When John Brown invaded Virginia
with small band of desperate fanatics
like himself, Governor Wise deemed it
case of invasion or domestic violence, and
promptly applied to President Buchanan
for assistance. 1t was not the fashion
then to deny a solemn request made by
sovereign State, and Colonel Robert E.
Lee was ordered to capture Brown and his
party. Attorney General Pierrepont
would probably have asked Governor Wise
to exhaust his own resources before troub-
ling him. There is no doubt the State of
Virginia was amply able to cope with a
force fifty times greater than John Browns
party, if it had been thought proper to go
to the necessary extra expense; but there
was no constitutional hair-splitting on
that occasion, Colonel Lee was promptly
ordered to go to the rescue Brown was
captured and hanged after trial by the
State authorities. The United States
forces simply acted as constabulary
under Governor Wises orders. Attorney
General Williams followed the safe pre-
cedent in the Louisiana case and the votes
of majority of the people were made
effective. .
Unfortunately, however, Judge Pierre
pont seems to have overlooked part of
his obligations. He construed the con-
stitutional provision as alternative-to
be invoked only when other means had
failed; whereas, it is peremptory and
makes the State authorities the sole Judge
of the proper time for its exercise. Yir-
ginia called upon the federal government
for protection against feeble band led |
by weak old man, and the response was
prompt and affirmative. Virginia did
not really need federal aid. But it had |
stipulated for assistance in such an emer- !
gency, had paid for it and had right to
demand it. Mississippi, in moment of
much greater need, when her laws were
overthrow and three-fifths of her people |
in danger of mob violence, made the same
demand, and received in lieu OF the ex-
pected assistance some hazy maxims,
which were productive of an abortive |
the triumph of her domestic enc
mics and fatal effects to the cherished doc
trine of States rights Attorney General
Pieri epont's letter to Governor Ames was |
exactly such paper as it would be proper
80 send to the President of Mexico in case
be asked for assistance from his numer-
Gus guerrillas. Even if Mississippi had |
not actually needed federal assistance, if |
she had been able to cope with her in
ternal foes, there are States surrounding
her, who may in the future require aid.
The precedent Las, however. been estab-
lishedf that the Governor of State can
not avail of the constitutional offer of |
protection until he has sacrificed heca-
Iomb of his unarmed, defenseless fol-
lowers to the fury of his enemies.
When, therefore, we see Democrat re-
joicing over the disgraceful capture of the |
offices of Mississippi, we think rather of |
the broken faith implied, the insult to
State rights, and of the time which will |
come when this very versatile party will |
be cruising on the other tack and praying |
in vain for the aid they saw, with feelings
Of indecent satisfaction, withheld from
Governor Ames.