The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-15
STATE SOVEREIGNTY.

STATE SOVEREIGNTY.
ANOTHER LETTER FROM GEORGE TIcKNoR CURTIS
ON LouIs1ANA--sTATE CONSTITUTIONS NOT TO
BE OVERTURNED BECAUSE OF AN ELECTION con-
TEsT-THE REPUBLICAN FORM OF GOVERNMENT
NOT DESTROYED BY THE UsURPATIoN OF AN
OFFICE.
To THE EDITOR OF THE HERALp:-
In your editorial remarks on Mr.. Calhouns
opinions, concerning the guarantee clause you
saw
He MR. Calhoun) does not at all agree with MIR.
Curtis That the Iederal government cannot inter-
veDe In the domestic AFFAIRS OF State excepting
on IA call OF the state authorities
You do not, OF course, mean to mlsrepresent me,
but have maintained no such sweeping PROPOSE
ton. The present discussion relates to the
guarantee OF a republican form OF government and
l thought gave 1t the broadcast possible scope
when said, 'Let 1t be conceded That this clause
In the federal constitution IS something more
than treaty between each state and all the other
States; that 1t Is q fundamental law which, I'M
posing L duty. also conlers an authority upon the
general government" / agree that the autho-
rlty may act, in some cases, without a call by the
State; but IL cannot act without case, the cir
cumstances OF which constitute an absence OF the
republican form Of government. You characterize
my views as "extreme." Which OF the two
opinions Is justly to be regarded as "extreme''-
that which maintains that disputed State cleo
tlon IS not, or that which maintains that It is. q
loss destruction OF republican form OF govern
ment? Hog does the ordering OF q SSate election
act upon the republican character OF the State in.
stitutionsS Undoubtedly the existence Of purpose
to change the republican institutions or state
into anti.repubcan institutions Is SUFFICIENT rea-
~ Copp
VINO entertain sucn purpose, whether they are
State officers private cl,zens; but 1t Will never
do to say that a disputed election. or detective
title to state office, constitutes OF Itself or OF Itself
proves the existence OF such purpose. On that
assumption there might be an election ordered
and superntended BY Congress IN some State on
almost any day In the year; anu the right OF self
government, which Is the basis OF the republican
form. would be entirely swept away, because
there would be o power that could at any time
come and take out OF the hands OF the people OF
the state the means OF correcting any detects IN
the machinery OF tneir state governments. Lyon
viii show me that have mtsconceived the mean.
Ing OF the term republican form OF govern.
ment''-if you can make 1t consist Ia Anything bat
The American idea or
POPULAR SOVEREIGNTY
as the source OF all political power. and the repre-
sentative institutions by which that sovereignty
acts will yield the whole argument. But until
have unearned all that ever knew OF American
political doctrine can never admit that 10 legis.
late Tor q State election, BY act OF Congress, ia
anything but q destruction OF that right or sell.
government which the guarantee clause was de-
signed to secure. 1t Will not do, respectfully sug.
gest. TO MAINTAIN that the constitution OF State
Is q mere piece OF imperative paper because
there IL q disputed State election, or because
somebody Is de Jact0 Governo: who has
no real title 10 the ONCE. The constitu-
ton embodies the form OF the government,
and il 1t Is republican constitution
there IL nothing to be guaranteed until
somebody attempts y revolution that Will cisplace
the organic law that makes the form Of the gov.
eminent republican form. 1t might oe some.
what presumptuous IN me to say that Mr. Calhoun
was entirely right In his construction OF the
guarantee clause, but have no more convenient
way Of saying that l agree WITH his construction.
/ have no doubt that the United States 10 to
protect q state against the ambition or usurpa-
ton of It's rulers;u but DO not suppose that MIR.
Calhoun would have considered that detective
title to any state olice constituted alone q case
calling Tor lulnlment OF the guarantee OF repup.
ncan form OF government.
THE PRESIDENTS UNLAWFUL ACT.
1t Is some what curious TO note how The ground
has been shifted Ia relation to the affairs OF Louis
iana Kellogg, Tor Instance, 1t Is said, Is usurper
In the ONCE OF Governor. l certainly SO consider
him. How did ne get there? BY being originally
thrust into once by the unlawful interIer ence
OF the President OF the United states. How has
he been maintained there to this dayS by
recognition OF his title ny tie President who put
him where ne Is and who maintains him
there by force OF arms. Now, IT IL said,
he being . usurper. Congress must order
new election, under the idea that
this is necessary to preserve republican govern.
ment. SO that We have. nrst, usurpation brought
ABOUT by the action OF the federal Executive; and
nov we must have Congress to step in to prevent
tins usurper from overthrowing republican gov.
ernment, because his presence IN the Office Is q
violation OF republican government. II seems 10
me tnat We should do well 20 consider that the
republican character OF the institutions OF Lcrsl-
ana are IN other danger OF being lost tpan sucn
az COWS directly and inevitably IRON the assump.
ton that the President can make usurp.
ina state government w recognizing one
that was put into power py MS own
unlawiui act. and then that Congress can step
forward aud le2lslate tor new election, because
Q usurpatlOn oil the once has Tor the time being
overtnrown republican governments. Ipreler that
view OF the federal constitution which makes re.
publican government to consist In the character
OF the state institutions and wuica excludes all
interference by Congress, under the guarantee
clause, until there 10 an attempt to change the
character VI the state constitution; and further
prefer that construction which Will not allow the
President TO make case for the inierierenc. OF
Congress IN Denan oil republican government
py making de (1cto Governor out OF person
VINO became originally possessed oil the ONCE
through tae Presidents own unlawful act
GEO. 1lCKNOR CURTIS.
THE WEATHER YESTERDAY.