The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1877-03-07

separate autDorltles, Cnere arises necee-
Sarily conflict most hazardous to the
peace and good order OF the State 80 IN
volved. To the State must be accord ed
sovereignty as to its own local affairs
and State government. Where, then,
can be found a common umpire, clothed
with the requisite authority to decide
these questions of conflicting sovereign
rights, and with power sufficient to en-
force such decisions when nader The
expedient, in such cases, has been to
resort to the Federal Government, ask
ing its recognition of either one of the
conflicting claimants of the State Gov
ernment, and upon this being done to
make requisition upon the National
Government for the physical force nec-
essary to sustain the State Government
so recognized against the counter-claims
of its opponent.
A searcher through the National Con-
stilution, however critical, would find
difficulty in discovering any clause
specially authorizing any such umplrage
in the National Government. Recourse
is accordingly had to that elastic clause
which imposes upon the National Gov
ernment the duty of guaranteeing to the
several States ga republican form OF
government" But in all these contests
between such dual State governments
the form of government remains un-
changed, The sole question is, Which
one of the two claimants is lawfully en-
titled to administer ii? And we re-
spectfully submit that the Constitution
OF the United States contains nothing
that can be construed as clothing the
| Executive of the nation with any author
| ity to assume umpirage over and pro-
nounce decision upon any such question
In the State governments.
1t is certainly true that disorder an
bloodshed might ensue as results OF
such conflicts for the control of State
Governments, unless the National Gov
ernment should volunteer to step in as
common conservator Of the peace.
But before the Executive can order this
done, previous request thereunto must
be presented by the ldwtal authority OF
such State. And herein is involved the
whole question at issue-viz: which is
the la,Otul authority3 And this ques'
ton the Constitution does not authorize
the National Executive to determine
And yet such, in the interests of hu
manity and for the preservation of pub.
lie order, have been the expedients hith
erto resorted to, and confessedly with
out success. The instances of such dua
governments in the States are increas
ing, and will increase so long as party
feelings and prejudices may be appealed
to and relied upon by either claimant tt
gain recognition from the National Ex.
ecutiVe, and thereby also gain the mill
tary power peedful to enforce the claim
to the administration of the State gov
ernment. This is precisely our dilemma.
| 1t occurs as an incident to our compound
system of Federal and State govern.
ments. The situation is embarrassing,
mlschievous, dangerous. Unjust not be
persisted in. An appropriate remedy
must be found; and when found it will
constitute not merely a Southern
policy, but National policy applicable
to all such cases in whatever section they
may occur.
Our much honored Centennial yeal
nl,,tf -
new, critical and intricate questions IL
our theory of government. So far-reach
ing and consequential were those ques
tions that the memorable year tha
: called them forth may come to be es
teemed as the era OF "new departure
in our Constitutional history, as well a
of our national existence. The Admin
istration just inaugurated will b
charged with the onerous duty Of deter
mining the course to be pursued for sci
Ting some of those questions. An
among them all, this relating to ou
, Southern policy is not the least trouble
some. We trust that it will receive a
the hands oil the new Administration
solution more in accordance with tn
selt-sustaining qualities of the sovereig
States than the eXpedients hithert
, could imply. Federal interference, bot
executive and legislative, should be re
strained, and confined to extreme case
where the duty would be obvious an
the right undoubted.
The State tribunals should be sun
cient for the adjudication of all que'
tious relating to State affairs. An
should the people OF any State be foun
incapable of self-goyernment, and pei
init riot, disorder, insurrection an
general misrule to usurp the place
law and order, upon themselves wi
l fall the evils that must ensue, and thI
will compel them to seek a remedy in
T. good government lawfully administered
i And unless they can do this, theirs
! no longer ''a republican form of govern
ment% and the strong arm OF militar
power must force anarchy into order.
: Travellers Guide for March.
9 The "Traveler's Official RaiIroa
t Guide" is issued every month by VI