The daily gazette., 1875-02-13
"swORD IN HAND.o

when Democrats, under the insnir.
alton of Senator Thurman's resolution
OF inquiry, and in co-operation with
such Conservative Republicans in this
city as Bryant and Evarts. rose nm in
condemnation OF the Presidents treat
ment OF the Louisiana Legislature on
the 4th OF January, the Administration
| ieaoers SAID: LET ats retire for q qoIile
| ana teace the Democrats to propose a
remedy t9r and q scay out Tie Loui-
siana dt6iculW"!
1hereupon the Democracy, with
spontaneity and unanimity as remark
able as the defeat of the Administra-
tion in the November elections. an
swered: t..,a.,, 'l0,''''-D'
" Wsfhdrap tie Federal troops and per-
Ht Louisiaha to ma adge its local affairs
an fts oaoaa aoay"! '''
But no sooner was this remedy pro-
posed than the Administration leaders
rallied and protestedin every form of
ulterance and influence theycould com
mand. Such a simple and honest
treatment of the situation would be.
the Republican party saw, the destruc,
ton and death of all the carpet bag
government in the South. basi 2
10 avert this beneficeht result all the
resources of sOphistry and Jlaw-refine-
ment are pressed into service by the
Administration. Eminet LAWYERS en-
| deavor to confuse and mislead by in
consequential discussion over the pos
si6te power which Congress may have,
under the Constitution, in some fancy
condition of things; as if that line of
thought assisted the people to decide
whether Congress has given to Grant
authority to use the army as he used
1t early in January and is now using it
in Louisiana. The President tells us
in his special message that he acted
under the law Of 1f0J, and not under
any general constitutional power un-
exercised by Congress and uncommit-
ted to his hands. 1t is under the law
OF 1875, and no other, that the Presi-
dent says he Islands sword in hand
upon the soil of Louisiana," and not
under any clause of theConstitution, or
Iany other of his except that to enforce
| the law of 1895. No doubt that he has
recognized the Kellogg govern
ment, and so made Kellogg the exc
cutive" under the law OF f1795, But
what of it? Congress answered in
1898, and said not word about guar
anteeing a republican form of govern
ment or any guarantee clause of the
Constitution. What dill Congress say?
Simply this:
In case OF an insurrection in anyState
against the Government thereof, it shall
be lawful for the President, on applica-
tion of the Legislature of such State or
if the Legislature cannot be convened
to call forth such number of the militia,
OF any other State or States which may
be applied for, as he deems sufficient to
suppress such insurrection; or on like
application, to employ for the same pur-
poses such part OF the land or naval for
ces of the United States as he deems e.
cessary. scu 5es
Under this law the President says he
uses the army in Louisiana. He seeks
defense under no other law, and under
it he Is forbidden TO go inside anyState
with the army, unless the Executive
or Legislature of that State ask him.
He cannot initiate Federal interference
as the Administration would have us
think he can. First there must be an
"insurrection" in theState and against
what? Its government" But even
then the President cannot interfere,
under the law of 1895, in Louisiana
unless Kellogg applies to him, and
Kellogg's application cannot be recog-
nized If "the Legislature" is in session
or can be convened. Grant cannot, ,as
the agent of Congress, "stand upon the
I" soil of Louisiana, armed aid in au
! +" aggressive attitude, that he may be
prepared to put down domestic VIC
lence,N unless that State invites him
so to stand Congress makes the Le-
, gislature of State sovereign in this
business, and the President cannot, by
,, dispensing the Legislature. deny it:
; existence, and then listen only TO the
Executive. The President, under the
, law of 1915, can only prevent revolu
tion in State when the State asks
him. - World q - '..''t 4-s