Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-04-07
CLEARFIELD, Pa, WEDNESDAY. APRIL L 1875.

Legislature to Judge of the elections q
its own members and 10 perfect il
own organization. Nia ilnl
Sixth, the maintenance of II govern
f ment of force and fraud and contnu
ancc of the rule Of The sword over
people competent and anxious to gov
crn themselves. M r.
First, the recognition by the Presi
dent of one of two State government
in Louisiana when the power SO to d,
resides solely in Congress On the 12tl
of December 1872, there were two
governments in Louisiana, each claim
ing to be the rghtful one. The on,
was represented by John McEnciy
the other by p. B. s. Pinchbacls. 0l
the one, It has been again and agair
said upon this floor and declared by
every committee that has made re-
port TO this body or s' the House Of
Representatives thatsil was u govern.
ment Of force and fraud or The 9th.
cr it has been said by q committee
of the House Of Representatives as
well rs by Senate committee that
it was the rightful government Of the
State of Louisiana. There was no vio-
lcncc, no instruction in the State OF
Louisiana on the 18th of December.
1872, and yet the President recognized
and protected the government at the
head of which was p B. s. Pinchbacll
without authority of law, without au-
thority of the Constitution.
Under the provisions of section 4,
article !, of the Constitution it has
been expressly ruled that "Congress
alone can decide what government is
the established one in State and
for this refer TO the case Of Luther
rs. Borden, Z Howard. While this is
true, ] conccdc that under the act of
1875 il is equally the duty Of the Presi-
dent, when there is insurreciion within
State or domestic violence there, to
recognize one or the othcr of the exist
ing governments, as such, 10 order that
he may efficiently aid the State under
call made under the provisions of tho
Constitution. Yet, as | shall prove in
few moments, ! trust, on the 18th of
December, 1872, there being neither
insurrection on domestic violence in
the State of Lsuisiana, the President
authorized this telegram to bc sent
DEpARNESr oF JrsricE.
Deeember ~, 1872,
Acting Govcrnor PNcnBAcg
Neo Orleans, Lomsiaaa
Let Il Be understood hat you are rscoyaisei Jy
he President az nc ioefui ereounre Of Louisiana,
and that he body assembled of NecAonics hsn-
tate is1he iawfni Legisldfwe Of NE State, and II
is suggested that ycu make proc lamaiion to that
effect, ami aiso ihat nii necessary assistance wiz
bc given to you and tho Legislature herein re-
oognizcd to protect tho State from disorder and
violence. uE0. II. WILLIAMS,
Attorney General
Enough Of this. My second PROPOSE
tion is that troops were used in Lonisi-
ana without authority oflaw the Pres
ident used them when there was Meth
er domestic violence nor insurrection.
The resolutions of tho louisiana Pinch
back legislature arc under date of 9th
of December 1872, and are in these
words
tTelegram
Nnw ORLEANS, December y, 1879.
We have the honor 10 transmit to your excel
lercy the following concurrent resolution of both
housef Of the Genersl Assembly and 10 request
an earlv. teDix-s ...ss.... hssrmv,y ... 49, 49,.
yened, In compliance with the call of the Gov
ernor, and certain eyil-disposed persons are re-
ported to be forming combinations to disturb the
public peace, defy the lawful authority, and the
State is threatened with violence; Therefore,
"Be Il resoired by The Senate and House Of Rep
resenfafirn Of the State Of Louisiana IN General
Assembly oonrened That the President Of the
United States be requested to afford the protec-
tion guaranteed each State by the Constitution
OF the United States when threatened with do
nestle violence, and that the presiding officers Of
the General Assembly transmit this resolution
Immediately, by telegraph or otherwise, to the
President Of the United States.
adopted in General Assembly convened this
9th day Of December, A. d. lSi2.'
b. S. PINCHBACK,
Lieut. Gorsraor and Prest Of ne Senate.
CnAs. W. LOWELL,
Speaker If tie Home ef Rspre'entafiee.
"When threatened with domestic
violence There is no such word with
in the lids of the book. Its language
is, "Shall protect each Of them against
invasion; and on application of the
Legislature, or the executive (when
the Legislature cannot be convcned)
againstdomcstic violence not against
threatened domestic violence First
there is the civil power, the great
power of the law; next the posse COM
itdtus Of the State, under the control
of the governor and the magistracy
and those whose sworn duty il is to ad-
minister the law and all of these must
be exhausted before an application can
legally be made TO the President of the
United States for troops. But here
the resolution of the State Legislature
itselfdeclares that there is threatened"
violence and reported insurrection
We find also ON looking back to tho
condition Of affairs in New Orleans on
that very day what the actual condi-
tion of things was. 5. B. Paeard,
United States marshal, in dispatch
dated the 9th Of December, says
Telegram
NEw 0nlEASs, la,
=. Heee~ber. y, ls'z.
non uno. ii. WILLIAMS.
Auor.sy- -osIsraI onnea Siafe'
now Organized !, State % House " senate % % hasrres.
ont twenty Republicans, eight Democratsi House
my MY h,Raslleon,, w, and fourteen Democrats
state supreme oourt bss '%e ass, EI%oSo @ '1s was
mouths usurping judge Of the eighth district
court court % jail ten days for contempt, and BIS
'''" wv '"' ''""" my S0I"'p N pScKARp' saSR 4"''
q S. Mor.haL
Bear in mind that is under date of
the 9th of December. Then too on the
same day, December ., Up. B. S. Pinch.
back acknowledgement acting gov
eruor of I,ouisinnnv tele0ranhs Tho
President 40 follows
80