New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-08
THE Law AND THE CONSTITUTION.

to divide the time before an American az
dience. This decision, with the drille
: organization of the voters as cavalry, IN
fantry and artillery, proves that the polit
ical campaign in Louisiana is a state
quasi or private war. The courtesies o
the combat which prevail elsewher
have been thus repudiated, and tn
rule of suffrage is the rule of arms
In such a state of belligereut non-inter
course, of what use can it be to argu
a question of constitutional law? Gu
own friends require no further evidenc,
that their safety or right of life lies with es
tablished Repubiicanism. Our opponent.
would neither read nor respect any argu
ment that would demonstrate the error o.
dangers of their course. Still, before the
firing commences We may occupy the in
terval by moderate discussion will
those who still maintain show of reason.
ing in justification Of the predetermined
purpose of the Democracy. It is
time that the resolve of both Unionists
| and the disaffected is fixed. Yet inger-
ing sense of journalistic duty inspires us
to remove the last objection to the legal
ity Of federal action in the premises It
is objected by both the Pioayune and the
Bulletin that the law of instruction is un-
constitutional. The latter journal is even
50 uncommonly liberal as to say wherein
the unconstitutionality consists:
The constitution declares that "the
United States shall guarantee to every
State in this Union q republican form Of
government. and shall protect each of them
against Invasion, and on the application of
the Legislature. Or of the erecutire (srhe,a
the Legislature can not be convenedJ against
domestic riolence." This article sets forth
military aid of the Federal government can
be invoked by State. and it plainly pre-
scribes the formal manner in which it shall
be secured.
Upon reference to the constitution, it
will be found that subsequent to the
adoption of the clause quoted, the State
Legislatures amended the constitution in
several particulars. It now reads:
Tie rights of citizens of the United States
to vote shall not be denied or abridged by
the United States, or by any State. on &C.
count of race, color or previous condition of
servitude,
1t is added with stern significance ''the
Congress shall have power to enforce this
article by appropriate legislation" The
has heretofore explained the
creation Of new offense by the war laws
Of Congress. It was the offense of insur-
rection against the United States. Whether
The very stringent laws which We have
referred to grew out Of the war power or
not, they have been legitimated by the
of the constitution which took |
place during or at the close of the way, nor |
lave these laws been repealed by Congress
,r repudiated by the courts. The section
If the law Of insurection passed in April,
81, gives direct effect to the amend
nent of 1870, which we have quoted
.bove. It results, therefore, that
he limitation Of Federal power as
uoted by the Bulletin, has been
epealed by the subsequent amend
,ents and the constitutional authority
iven Congress to enforce those amend
lents ''by appropriate legislation. The
Nv of insurrectionary resistance to the
w of the United States may be tested
) in some particulars it has already been
.sted before the Supreme Court We
however, that no constitutional
.wyer will question the power of Con-
ress to ''enforce by appropriate legisla-
on" any of the amendments The con-
tuition says that these amendments,
hen ratified properly, 'shall be valid to
Il intents and purposes as part of this
It follows, then, that if an
nendment enlarge or even repeal the
.eceding text of the constitution, the
DIVISIONS of the amendment may be car
ed out even if it conflict with the pre-
.ding text OF the constitution itself
Such is the law and the constitution
is scarcely necessary to say that the
over of constituting the constitution and
the mode and measure of its
dress, claimed by certain States before
70 war, has passed away. In place of
at doctrine the power of construction
i'd enforcement has resulted to the
sderal government. The law upon in
ERECTION against the United States gov
nment has now been upon the statute
ok for fifteen years. 1t has been {
cepted by the nation as just ex-
'sition of the authority of the ma
u. The Democratic party, represent
g in its greatest proportion the State
GIFTS Democracy Of the South, has
d, during the session Of the House Of /
representatives. for the eight months
st closed, majority. They have scru- t
sized the war legislation and have freely t
,ralized their disapprov val of many acts s
ssed during their absence from the c
uncils of the nation. If there were t
ything in this law of instruction
ainst the government Of the United 9
ates inconsistent WITH the constitution I
amended, then it was the duty of the Ii
majority-and especially of u
} Southern State Rights Democratic p
have passed and sent .
the Senate bill repeating | II
or SO much of that law, as n
s in their opinion unconstitu- q
nal. They have not done 50. They ac- tt