New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-13
NEW ORLEANS

5, WEDNESDAY,, JANU.
Making War in the Union. and Denying
the Power to Suppress II.
At the close of the rebellion thousands OF
persons engaged therein, in speaking of the
| the mistake made by those who favored the
rebellion was that they did not make the
tight inside OF the Union instead of going
out. BY this was meant that the South
! should have maintained its representation
| in both Houses Of Congress. while their
friends at homo carried out their part of
| the programme. Since the surrender this
y advice e; has been accepted and acted upon,
and Is being acted upon today. The action
/ OF the White League Democracy in Louisi-
ana is Illustrative of the policy that in their
opinion should have been pursued in 1861.
Every one OF the Southern States now
| under the control of the White League
party was obtained possession of by threats,
intimidation. murder and violence. That
policy having been successful in those States,
and unrebuked by Congress. led the White
Leaguers OF Louisiana in September last
to take up arms and overthrow the recog.
nlzed officers and authority of the govern.
ment of that State. The President. IA was
his duty. on the application of the adiudi.
Gated Governor of the State dispersed Penn
and his followers. From that day down to
the present the White Leaguers of Louis.
lana have refused to obey. and to-day en-.
tlrely ignore the existence of the authority
OF State government within the boundary
OF the State of Louisiana. Resistance to
the authority of the State has been the rule
and obedience the exception. The object of
this resistance. as stated by the White
Leaguers themselves. is 20 show TO the
world that the Kellogg government is not
powerful enough to sustain itself and Gu.
force the administration of Justice without
the help of federal authority. This fact
they have pretty fairly demonstrated. and
being thus demonstrated the question
arises what shall be done in such a contip.
gency.
The White Leaguers claim this evidence
OF lawlessness proves cOnclusively that the
governing powers of the State ought to be
transferred 20 their hands-that having
demonstrated they have the power to resist
the State government successfully. ergo.
they have the power to enforce obedience
to law If they were clothed with power to
enforce it. How long is resistance to law
and these scenes OF violence and bloodshed
to continue. The White Leaguers saw it
will continue until such time as the people
OF that State will consent that their law.
lessness shall be rewarded with surrender
OF the State government into their hands, or
until such time as their lawlessness will
compel Congress to displace the present
State government by one of military
character. What Is to be done in contin.
gency like this The White Leaguers of Lou.
islana and their Democratic brethren of the
North say the President of the United States
ls powerless in such case-that before the
President can interfere with federal troops
to suppress violence and compel obedience
to and recognition of the laws of the State,
he must show unquestiODed authority for SO
doing. If the authority has not been con.
terred by law, the Louisiana case shows the
necessity Of legislation, and immediate leg.
islatiOn. We think it has been conferred.
and while additional legislation NAV be
necessary for the punishment of such
laWlessness as exists in Louisiana, we are
satisfied the law as it now stands on the
statute warrants every step taken in Lou.
lslana. Men who are ignorant of both the
facts and the law are seldom competent to
Judge correctly. and this seems to be the
condition in which the Herald. Tribune
and Times have fallen. Now. what are the
factsI Is it not true that Kellogg applied
TO the President to suppress an insurrection
against tha government Of that State! Is it
not true that nearly the entire press Of the
country sustained the President in so
dong! These things conceded, it necessarily
follows that the Presidents authority was
properly invoked in September last. In
order to restore the offices Of the State gov.
ernment OF Louisiana to the proper author. |
ity and protect the persons entitled thereto |
in the proper enjoyment thereo, orders
had TO be issued tor the guidance Of those
charged with enforcement of the same. 1t |
seems from the instructions sent General J
Merrill that three things were enioined |
upon him: First. 10 recognize as legal. as
State officials, only such persons az are
recognized by the recognized executive or
judicial officers Of the State: second, that
IN the legal exercise of their duties such
officers must not be violently disturbed or
lnterfered with, and If such violence occurs
it shall be his duty to suppress it: and third.
that his advice to all persons Is tha: if any
question Of right exists for any person to
lold office, such person shall be taken
before the proper legal tribunals. Similar |
'rders to this, no doubt, were giyea the
,tfcers at New Orleans. But our Democratic
White League advocates say that the emer.
,encv which demanded the issuance Of this
'rder had passed and was a nullity. The
rider IN and Of itself Is right, and pos ONLY
Intended to oust those who had usurped the
ffices belonging to the State, but to prevent
) subsequent seizure of them by persons
lot entitled thereto. The laws Of Louisiana
rescribe how this election Of persons to !
ffice shall be ascertained and promulgated. |
'he persons declared elected are but the
uccessors OF the outgoing officers. and any
tempt by one who was not declared elected =,
D take possession of an etfice to which the |
Board had declared another was |
atitled. by force and violence. without
ny adjudication in his favor. by tribunal .
70 review the action OF the
Board, is but an effort to usurp
10 functions of an office TO which he is ,
Ot entitled Whenever the Prt sident EN-. ,
loys the army of the United States to
lppress an tnsurrectiOn against q State =
he. and hot ths insur- g
ents. is clothed with the sole power of ,
etermlning when that instruction has +
'ssed to exist. The Supreme Court has .
ready decided the President has the =
,wer to decide when an insurrection exists, :,
Id from this it follows he has the power to ! +
,termino when IL ceases. When it has /,
ased to exist he issues his orders to those g
rected to suppress it. and troops. after the a
ception of the order, can not be thus en-. !,
Dyed. II the President. in the first a
stance, had the right to issue such orders .
General Merrill had. and we presume no 8
q will deny his authority. he has the sole ~
wer OF determining when ne should r
voko them. II this were not SO tha +
urpers could have gone out one day, in ! ie
edience to the proclamation Of the Presi. n
Mt. and seized the same office on the ! -
xt, and if the theory OF the White League y,
,mocracv is true, the Governor Of the -
ate would have to make another reauisi. y,
N. and the President another proclama. q,
II and new orders before an intruder -.
uld be legally deprived Of an office held ~
violation Of all law. These orders being y;
existence. and the troops OF The ~,
lited States there in conformity to the T.
Institution and laws of tho United 70
ates. and no declaration that the insur. ~