New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-24
DE PAoTo VS.. DE JURE.

government in a State of this Union
which Congress or the President is legally
obliged to respect as such?
The preamble of the constitution of the
United States contains in few words the
great objects for which this government
was established
We, the people of the United States, in
| order to form q more perfect Union, estab-
/ lish Justice, insure domestic tranquility,
provide for the common defense, promote
| the general welfare, and secure the blese-
| ings of liberty to ourselves and our pos
terity, do ordsin and establish this consti-
tuition for the United States of America.
Patrick Henry was unalterably of the
opinion that the words, "We, the people
of the United States" obliterated the
previous sovereignty of the individual
States, and consolidated it in that of the
United States, which ''shall guarantee
to every State in this Union q republican
form of government, and shall protect
each of them against invasion, and, on
application of the Legislature, or of the
executive when the Legislature can not
be convened) against domestic violence"
The President 'shall take care that the
laws be faithfully executed"
These are fundamental, imperative and
paramount provisions, which neither
Congress nor the people of State may
disregard without glazing infdelity to
the "United States of America"
Torender the latter article operative the
laws of 1895 and 1907 were enacted by
Congress, authorizing and empowering
the President to employ such part of the
land and naval forces of the United States
as he might deem necessary to suppress
instruction in State whenever called
upon by the Legislature or the executive
thereof. In 1871 it was found necessary
to enlarge and extend his powers in such
an emergency, and hence the law to be
found on pages 1924 and 1895, of the Re-
vised Statutes of the United States, sec
ton 5299, by which he is now authorized
to employ any part of the militia, or the
land and naval forces of the United States,
or of either, or by other means, as he may
deem necessary for the suppression of in
surrection, domestic violence, combins-
tons of men, or conspiracies tending to
ohstruct OF hinder the execution of the
laws of State or of the United States.
Now let us understand what is meant by
the term, de fdcto government. Worcester
says ''de .facto is a term used to denote a
thing actually existing or done" ga king
de fdcto is one who is in actual possession
of the crown, having no lawful right to it,
in distinction of king de jure, who has a
right to the crown, but is not in posses
sion of it."-Tomlin.
Applying this to the government in
Louisiana, it may be read thus: ga Gov
ernor de .fdcto is one who has assumed
the functions of an executive officer,
having no lawful right to do SO, in dis
tinction of Governor de jtre, who has q
right to perform those functions, but is
prevented from it by military re-
sistance. Since the government of the
United States is to establish domestic
tranquility" provide for the common de-
fense," and since it is seen that the Con-
gress of the United States must guarantee
to every State in the, Union Republican
form of government" and that the Pres
ident is obliged to enforce the laws
faithfully, can it be pretended, il
can recognize self-styled Governor
who has no 'flawful right" to act
as an officer, in preference to one
who has2 That it can recognize an
apparent government well known to have
been inaugurated by military power, in
open disregard of the forms and require.
ments of the laws, in opposition to one
which it has recognized and hitherto sus.
tanned in accordance with its constitu-
tional obligations Without law to au-
thorize il, it is impossible that such q
thing as State can exist. If this be I'M
sound doctrine, then the provisions of
the constitution already quoted, making
it obligatory on Congress to enact laws Il
ENSURE domestic tranquility" and Il
guarantee to every State in this Union (
republican form OF government, are mean
ingless, and consequently entirely useless
That instant Congress recognizes Stat
government belonging to this Union, i
is, in the very nature Of things, one o
law, and for that reason can not be
factO alone and simply. State has neve
been admitted in this Union without tn
approval Of its written constitution q
being republican in form, and how is i
possible it can remain in it without
> il? There is no moment of tim
when a State government in thi
Union can exist otherwise than de jurt
and this is equally true whether it be pre-
visionaI or permanent Instances hay
occurred las in Rhode Island) wherein
was matter of grave question and gres
perplexity to discriminate and TO deeid
which Of the two ostensible government
was lawful; but these difficulties did nc
e destroy the fact that there was de jU'
government nevertheless. The coexi
/. tencs Of de facto and a de jsrs govern
! ment in this Union, standing before Coz
5 gress inimical TO and subversiye Of eac
other, would be an anomaly under Il
mgis Of the constitution. Therefore, {
I