The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-03-12
= .lr. .~m.a NEW ORLEANS, MONDAY MARCH -, 1877

the South, but he should have the encourage
ment and aid of the great mass OF our inteilgent
and patriotic people, to carry out his broad, wise
and benign policy, and to defeat the seotionsl,
clared war against him.
such aid and announcement may be rendered
to him, by the exercise Of patier ce, and spirit
of tolerance and cordial cooperation ana aeqai-
escsncs in such modes Of adjustment OF our DIN
cult and vexatioue "Louisiana oases" as Will give
his assailanta no grounds on which they can oper-
ate to weaken him by appeals 10 saumperlng
partisan passions and prejudices, fuly agree
which surrender clear rights, bat do not concur
in the too common philippe against al eompro'
nises and adjustments which aim TO determine
political conflict, as preferable TO revolutionary
methods and violence. Our whole government
since its Foundation originated in and has been
conducted by such compromised. You have
clearly marked the limits and character
istics Of the compromises which fseemen and
the members OF all political societies
NAV, and ought always wisely to make and ac-
cent s'our fortunes are wretched indeed. But
they cannot be bettered by any compromise
which involves the surrender of any right or
privilege we are eutitled TO under the constitu-
ton and laws of the country"
I am far, therefore, from inferEing from this
denunciation that you would sanction anything
like precipitate rejection refueal TO receive
and consider any practical plan OF settling our
case, which, whilst protecting our rights and Sc
curing the installation of the constitutional gov
ernment of Louisiana, would be in accord with
the views of the President as to his duty rnder
The law, and would sAve us from the continuance
Of our present revolutionary attitude and status.
Hence, think If the President should send
any confidential friend and representative to our
State, with view OF sscertaining the true state
OF the facts and reporting the eane with sug-
cestons as to the wisest mode OF adjusting our
difficulties he or they should be received with
cordial good will and with frank and friendly
4 .,~rf Il Ia
est sincerity, and desire for peaceful and law
fGl adjustment.
| It should be borne In mind that under the
Constitution and laws et the United States it ia
made the duty of the President to ascertain for
himself the legitimacy OF the government which
claims bis recognition. His duty on this subiect
is thus clearly defined by Chief Justice Fansy. ia
| the celebrated case OF Luther VS.. Borden, re.
ported in 7th Howard.
$50, too, as relates to the clause in the abeve
mentioned article Of this constisutis.s, providing
| for cases OF domestic violence. It rested with
| Oengress, too, to determine upon the means
| proper to be adopted to fulfll this guarantee,
| They might IL they had deemed ii mest advisa-
| BILE to de so, have placed it IN the power Of
court to decide when the contingency had hap
penad whish required the Federal government
| to interfere But Congress thought otherwise,
| and 30 doubt wisely, and by the act OF February
49, 1895 provided that in case OF an inaurrectios
in any State against the government thereof it
|
States, on application of the Legislature OF sueh
stsre, or of the Executive when the Legisla-
ture cannot be convered, TO call forth
such number Of the militia OF any othsr
State or States as may be applied foy, as he may
judge sufficient to suppress sHcn insurreetion.
By this act the power Of deciding whether the
emergency had arisen upon which the govern
sent Of the United States is bound to interfere,
is given to the President He 10 to act upon the
application OF the Legislature or OF the Execu-
tive and consequently he must determine what
body of men constitute the Legislature and who
is the Governor before he can act. The fact that
both parties claim the right to the government
cannot alter ske case, for both cannot be entitled
to it. II there is an armed conflict like the one
of which we ars speaking. it is case of dones-
in insurrection against the lawful govern
ment. And the President must Of me-.
cesSity decide which is the government and
which party is unlswiully arrayed against it be-
fore he can perform the duty imposed upon him
by the act of uongress"
In view of this statement Of the law ard the
duty of the President it must be obvious that the
facts and proofs of the legitimacy Of the govern
ment of Governor Nichols must be placed before
the President in such tangible form as will enable
ticaly amount to the same, to refuse re-
cognition of Packard To accomplish
this, it may be necessary, and
it would certainly bes proper, to consider AID
determine upon plan OF settlement which would
leave no cloud or doubt of the consttutsonality
or legality Of the Niehslls government do not
say that the result may not be reached other
wise. but if such method should be proposed ]
think 1t ought 20 be received in spirit of gener-
eus confidence and patriotic good feeling and
good will, even If it should involve & tax upon
our patience, ssrreHder ct partisan prejudice,
sacrifice OF partisan aspirations and dissolution
OF partisan ties. 4. ".