New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-03-23

tice of the constitution Of the United Staaea
provides that the United 6'atea shall guar
antee to every State in the Uoion q repnb
licen form Of governments, and shalt pro-
teet each of them against invasion; and on
the application of the Legislature or Of tho
executive when the Legis sture ran not Be
convenedl agaipst domestic whence.
The act Of Congress of Februery .,
l7y5s provides that in case of nu in
surrection in any State against the govern
ment thereof, IL phall be lawful for the
President of the Uaited States IN appiioa-
tion OF the Legislature of such State, of af
the executive (when the Legislature can not
be e0nvene0l, to call forth such number Of
the military as may be applied for as he
may isdge sufficient 60 suppress such in
surFeetion.
The Supreme Court of the United States.
in the case of Luther vs. Borden, held: by
this act the power OF deciding whether the
eXlRency had arisen upon which the gov
ernment of the United States is bound to ia
terfere, is given to the President. He L. to
act upon the application of the Lsgi, lAeur8
or OF the executive, and consequently he
must determine what body of men consti-
tute the Legislature, and who is the Gov
ernOr, before he can act. The fact that both
parties claim the right to the government can
not alter the case, tor both can not be enfis
| titled tOit 1t there is an armed conflict hkn.
| the one OF which we are epeaking,i it is case
| of domestic violence, and ons of the par
ties must be in insurrection against the law
| full government. And tine President must,
of necessity, decide which is ths govern
ment, and which party is unlawfully ar
| rayed against it, before be can perform the
duty imposed upon him by the act Of Con-
| gress.' (Howard's Reports, vol z, D. 49,
That such an exigency as is here confem-
| plated for the interference of the govern
| ment Of the United States actually exists in
| Louisiana does not admit of a doubt.
| Wherever the possession of Governor Pack
1 I'd h1a has a dfzft. her,
| has been effected by armed violence. Fur
| theF CnsrOachments have been prevented
| only by the interference of United States
troops. Should such interference terml-
nate, the armed aggression Of the insur-
| genJs, which has SO often seemed imminent,
| would be met with armed resistance, and
| must inevitably result in bloodshed. Sach
a case, in the language of the Supreme
| Court, sis case of domestic violence, aud
one Of the parties must be in iusurrection
against the lawful government
Ia the instance of the DOrr rebellion, the
| opposing parties, though arrayed in arms
| against each other, did not proceed to BotuaI
bloodshed. fortunately" said Judge
| Woodbury. in his separate opinion, "nO lives
| were destroyed and little property niured."
Yet the court held, in its opinion by the
Chief Justice, that there was an armed con-
flict and q case of domestic violence, such
| as was contemplated by law for the proper
! interference of the executive The court
said: Upon the application of the Cover
nor, under the charter government, the
President recognized him as the executive
power Of the State, and took measures TO
call out the militia to support his authority
il it should be found necessary for the gem
eral government to interfere; and 1t is ad-
mitted in the argument that it was the
knowledge of this decision that put an end
to the armed opposition to the charter gov
ernment, and prevented any further Efforts
TO establish by force the proposed cOnstitu-
tion. The interference of the President,
therefore, by announcing his determination,
was as etfectaal as if the militia had been
assembled under his orders" n Howard,
p. "A
If. as has been sometimes contended, the
intervention of the executive power OF the
United States is to be deferred until bat
tie has been fought, the Obi aot of the law
might become frustrated. That object is
to maintain the Tightful authority of the
State, and to prevent its overthrow by de-
mestic violence, 1t can be best attained
by preventing the loss OF life in actual war.
fare.
Itis claimed that the government Of Gov
ernor Packard, If recognized, weuld be In
able to sustain itself. In answer to this
pretension am assured by Governor Pack
ard that if his government be recognized,
aud it bs reinetsted in the possession and
control of the public offices aud public prop.
erty, of which by armed violence he be-
came uispOssessed, he will be able 10 main
tain his rightful authority with the means
he can command.
1t is also said that the use of Ugitad
States troops to uphold State governments
against the will of large portion of the
citizens of the State is distasteful to the
American people and opposed to the spirit
of republican government. This propoai-
tiOn seems at first blush to be not without
force. But if the government Of Governor
Packard be republican in form; If by thA
actual declaration of the lawful authority
of the State it has been decided to be tho
Iightful government, chosen by the voics
of the citizens of the State entitled to maks
such choice; Ii il has been clothed accord
ing to the forms Of law with actual ineum-
bency and possession of power; if all these
! things be true his government stands under
, the guarantee of the constitution of tho
United States, and is imperatively required
to be protected against domestic violence.
However clamorous may be the opposition
to it, however plausible the grounds of such
opposition. the constitution declares that
. the United States shall protect IL aeainsss
| domestic violence. sOur American mode
, of government" said Mr.. Webster in the
case already cited, "joes not draw any
power from tumultuous assemhlages If any
thing is established in that way, It is decep-
tive. It has been said that tho
people can get together, call themsely YES ~
, many thousands, and establish whatever
government they please. But others fanst
have the same right. We have then 3
, stormy South American liberty, supported
by arms to-day and crushed By arms to-
morrow. Our theory places q beautiful
. face on liberty, and makes it powerful Tor
I good producing no tumults. When Il il
necessary to ASCERTAIN the will Of the peO-
pie, the Legislature must provide the means
! of ascertaining it" n How, page 81
I II the recognition and projection Of the
government OF Governor Packard be de-
. laJed or denied, il muet give plaoe 10 the
, insurrectionRry organization which now
confronts it. That organization has not the
ecrateh of q pen from any lawful authority
for its title. Its claims rest solely upon rs-
sistance TO law, and the impunity which ats
tends such resistance Ia dis0rgaDixad So
, ciety. WILLIAM II. HUNT.