New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-06

'tDlHoEHQusH1ec1uRA lDMssE1uIfs
| Mr.. Mari has illustrated fact well e.
tablished by history. It is that he who
lays the train can not control the ex.
plosion. The French and all other re.
| volutions show that those who begin
civil violence first become conservatives
and then fall victims to the fury which
they have unclaimed, and which they are
unable to restrict. MI. Mari, as a'consti-
tntional lawyer, lays down this cardinal
proposition:
No law. human or divine. requires PEG.
pie to submit to usurpatiOn tn an elective
government, and that they would be justified
i in taking up arms to overturn it whenever
they had an opportunity.
We will take the responsibility of stat
ing this proposition in what we deem an
equivalent form, to show its incon-
sistency with an elective form of govern
ment. Any portion of people deeming
that the administration, formally certified
to have been lawfully chosen, has not in
fact been so chosen, are authorized to
overthrow such administration whenever
they have an opportunity.
The whole fallacy of Mr.. Mars posi-
ton is contained in the phrase. ''usurpa-
tion." Who is to determine whether the
administration elect is legal? Can it be
left to those who have been apparently
defeated? Then it becomes question of
force or ability to capture and to keep the
administration. Suppose fifteen hundred
armed men choose to say that two thou
sand unarmed men, or even women, en-
dowed by law with the right of suffrage,
have usurped certain Offices, which the
majority have apparently carried? Can
the fifteen hundred declare the election "a
usurpation?" Would their capture of these
Offices by force give the minority title?
Would the inability of the majority to
maintain possession of the Offices annul
their legal title We scarcely think Mr..
Mari would SO advise client in any
proceeding of contested title. The con-
stitution of every State has prescribed
certain forms by which the contested
legality of title to political Office shall |
be tested, just as it has appointed tribu-
nails to decide upon questions Of property. !
To these forms of redress every citizen of
q republic is bound to resort. He has no
right to take the chances of decision in
bis favor, and then resort to what Mr..
Mari, in mistake, regards as right of
revolution, to obtain by force Of arms
hose honors of Office which have not
been awarded him by course Of law. We
,ay Mr.. Mari has mistaken the rights
Under an agreement to abide by the laws,
;or the right to overthrow the form of
government under which that agreement
has been adopted. If body Of citizens
'ay that the constitution and laws of
Louisiana are 80 oppressive that We can
10 longer submit to them, and determine
o repeal this constitution and adopt an
'ther; if they say we do not like
government of universal suffrage
T of elective administration, this
vould be "a exercise Of the right
+ revolution, but when minority, &C.
ording to the report of the formal au- {
horities, claim a right to dispossess the /,
pparent majority by force of arms. to
ccupy the offices, and conduct the ad-
under the same laws and the
ame constitution, this is not revolution q
ut technical insurrection against the {
overnment. a
The corollary of Mr. Mars testimony t
tho direct consequences Of a
is own doctrines. Mr.. Mari has, like t
ousseau, Thomas Payne, Anarcharis
lootz, Benjamin Ciootz and other phi r
sophers, delcdsd himself with the idea n
lat he could d.rect the popular move G
ent by his exposition of popular Ii
ehts, and restrain it by his personal b
fiuence. Hs Is reported as hav- il
g stated that che took an active 81
'rt in the proceedings Of the fourteenth S
September, and told the people to arm
emselves." He is then reported in the n
me journal as having declared that he Il
d no idea that there was going to be an I
on September IA. That it b.
IS precipitated by the seizure of arms; d
hat there was no generalization about tt
g uprising on the fourteenth; it was W
ontsneous; he recognized the impro- tt
iety of guard being placed over the d
egraph Office" and then adds pl
When, after the assembly at Clay Statue, ~
was seen that there was to be either q ",
b or controlled body, 80 the latter expe. N
mt was chosen.
We take advantage of an apparent con- r
diction in his "hsving taken An active -
t in the instruction proceedings of the Ia
rteenth of September, and his having al
D idea that there was going to be an in rp
rection" on that date. Our purpose is '"
show that the forcible reform advised a.
Mr. Mari so developed itself that those 'o'
D instigated it we're compelled to decide ~
ween volunteer militia force and "a w
b. This was All inevitable result from i">
doctrines taught by Mr.. Mari, and IN
b will always be the result of teaching -.
sople that they have the right to APP 10
| from the power of law to the u
! of force. Had Mr.. Ogden, in III
lmand of the military forces, chosen no
have constituted himself military del
provisional governor. as many in W.
ar countries, under similar teachings, rev
e done Counselor Mari and other nom LIE