The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-16


have also learned from democratic Senators their
ideas on constitutional law. | mpea.n the law OF
torts. but either cannot or Will construe the
constitution. In that respect they have for years
been lamentaole failures. He cited some OF the
points OF
CONSTITUTIONAL LAW
on which, he said the democrats had been orac-
ular. and declared that both the courts ana the
logic OF events had rciured them as the want or
power to coerce state, TO cal! out troops, 70
cause dram, 10 enancipate slaves, 10 exclude
insuITectionary papers nom the maiis 70
stitutional: but by legal decisions they
were ali constitutional. The same preIences Of
oracnlar wisdom are stlll Kept up with .unabashed
confidence. lie argued that II Is the constitutional
duty OF the general government TO protect state
against domestic violenc. whether that violence
SEXES Governors chair or Legislative naii.
whether OF an organized rebellion or a disorgan-
ICED MOP. lie cited the guarantee clause OF the
constitution and the acts OF 1895 and 1907 devov-
ing on the President the DUTY. when called upon
domestic Violence He nen read the e
can OF Kellogg ana argued snas II was made unoer
as PRECISION Of the @ ss s,n when the
Der. the insurgents mao never laid down
sGer arms or, or rs sni1aa the state
He said there was hardly room for difference about
what TRANSFERRED on the 4th OF January. Tue dem.
guilty TOR their bandiIu clients and advocated a
cause they must lose II negroes ana republicans
| TO the assembling OF the Legislature in New Or
| leans on the Attn OF January, he said there we're
| kidnapping OF republican members Tor weeks be.
| lore A man WAS shot IL the street. because he
resembled republican member aud another re-
publican member was spirited away. Information
10 the Governor that organized violence WAS 30 be
used 10 influence the members OF she House caused
him Co put the state House In charge or t1e state
militia The State House was surrounded by an
exlted crowd oil thousands. Under these surround
ings the Legislature met. BY y law Of lorTer
Legislature Returning Board was constituted,
with power TO pass upon the election OF members
and certify roll TO the secretary OF state. This
Board so acted ana certified nfiy.two republicans
and fifty democrats. They constituted the roll
any question on demand Or TWO members. The ne
Clerk was by law made che presiding officer. Us IN
We United S;ases HOUSE OF REPRESENTATIVES.
appointed
WHITE LEAGUE CAPTAINS AS sERGEANrs-Ar-ARxs,
| can members and silence their protests. Mr..
Sargent dweit at some length on the call Tor
| by the democrats drst TO MAINTAIN the control
usurped by fraud and force. They then committed
roll in order to have q majority. The republican
majority made written request to tine Governor
s e s1 the nall .na
1 the military lTs ,u. Of sne United States re-.
wnen the democrats Withdrew. These acts OF
Witt and his co.conspirators were revolutionary
ment. This was the desperate act OF . despottc.
and unscrupulvus minority. II the halls OF State
power Of the United States when rebellion is
being made successful there, then the constitu.
formed, aud each state Is ct tue mercy OF Its enc
mics Il they can possess the state Capllol, and IN
Federalist and Alexander Hamilton. He con-
tended tnat the guarantee clause in the cOnstitu.
lion vas to snSs the 70
| order and law. he next read from the opinion OF
the late Sn,e, Justice fancy in the case Of Luther
| by low In the President to decide when an exl.
gencS has arisen VINO Is the Governor and what
| hodv ~ ma ltne ayia
THE DUTY or TIE PRESIDENT
| to use the military In such circumstances; that
the responsibility Ia well lodged with the Presl.
dent and that "at all events" says the Court, ut Is
the United States, and must, therefore Oe re- 9.
| spected and en- orced IN ITS judicial TRIBUNALS"
sac me comic noe ayo nda m seo the
had been untrue to his constitutional responsible
tues. He quoted from Hamllton's opinion TO Wash:
tngton on the cUnsututionality OF the United
states Bank to show chat the duty imposed by the
constitution carries with It the IT at TO employ
ocratlc sanction TO such precedents was recent.
and quoted from the order or PRESIDENT
Legislature nom assembling by military force, and
sons adminlstrstlon was indorsea BY 2 resolution
Of the following National Democratic Convention.
rest the Maryland Legislature n..a the democrats
after ward Nominated him for Pres dent Under
ne ~ me =, gns ana a%sy OF the United
nestle violence cannot be questioned, ana there
is no limit as to the place Of Intervention. A
place for ts exercise me seizure q
Of the State The Bogus House WAS Was
lature was to recognize McEnery. But these
events 10 Louisiana are not TO be treated as the
mana On the Governor to resisn an Attempted
coup d'etot took place, IN which iorty-hve persons
were KILLED and wounded. and tne city OF New
government was overthr0wn. put the United
states troops restored 1t and peace. But the OBJ
ject or tnat tnsurrectton was never surrendered
| Democratic Senators had sneered al the IDEA that
the call Or troops IN September justified Their con.
parallel case IN Pennsylvania In 1894, under
| wAsKINGTON's ADMINISTRATION.
by direction OF the President, wrote to Governor
Min1in, OF Pennsylvania, stating hts intention
Se m me of Ss to
against further expressions, and. by orders or
Washington. the troops were kept there TO act in
Miniin dated August :, I7s4, ne oharacterizes the
actors in the riotous scenes as ''panditt.
United States, though Sheridan applied IT, It.
10 assasslns. But the september insurrection Is
not all. Tue State Tor months had been In con-
Vsns spu6cans from ressens and Sons
Large bodies OF armed men traversed the rcpub-
lic0n districts. numbering worthy and lnOHenslve
men, as at COushatta. Time would Iail to recount
al the outrages, assassinatOns and crimes perpe-
trated iof electioneering purposes. The ears OF
democratic senators are panied oy the cry OF
panied by the fact OF murder. murderY He
cited the testimony OF Ruiord Blunt. VINO was o
state senator and often slept In tue woods TO es-
cape murder; Of Marcy, who testlfled tnas
McEnery IN o speech. In Homer, said there were
too many Maxeys ana 1t would he good thing to
maze way with snem; to the editor vi the Cduod.
sian, who jusuhed the frequent atrocities, and
SAID democratic senators claimed the fruits Of
elections carried py means ike these.
THE FUNERAL OF CONGRESSMAN HOOPER.
Before Mr.. sargent concluded o message was
received from tue House OF kepresen txtlves an.
nouncng the death OF Hon. samuel Hooper, Q
msnber OF That body, ana inviting the Senate TO
Atteod his funeral, IN the nall OF the House. to-
morrow afternoon, at TWO O'CLOCK.
! Mr.. BOUTWELL,, trep.l OF Masa, SAID with deep
sense OF personal as well as publ, LOSS ne 0nered
the resolution which duty required VI him. Mr..
| Hooper died yesterday morning. He was the
! aeplQr mamper VI the MasaAchusettA delegatlon