The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-02

Il bHb 6Gele OE uAblOn TO enforce.
i When man refuses to pay debts recog-
nfzed by the courts Of the country as legal,
| and TO enfOrce which they will exert their
judicial power, 1t Is said that he repudiates
i There Is no reason why the same term
should not be predicated Of similar conduct
lon the part Of the State, except the desire to
use diplomatic and euphuistic language
/ when NJ speaking OF sovereign;
The fact is, whether Legislature be q Leg
islature is political question, and, therefore,
ills q question of force. The Legislature that
y, and .exeIts Its authority to legislate, and
which can. enforce Its enactme ents, is the Leg
| tslatura OF the State. s#
| in this country the Legislature Of State
~ that legislature whose laws the President
OF the United States will enforce II called on
| so TO dU by the Legislature, If In session, or
fhe Governor nf the State, when the Legis-
lhis has been adiudged many years ago, 1t
adjudication were necessary. In Luther w.
borden, Howard, p. 42, Chief Justice Taney
"The fourth section of the fourth article OF
the constitution of the United States provides
that the United States shall guarantee to
every State In the Union republican form Of
government, and shall protect each Of them
Legislature, or the Executive (when the
mestic violence. Under this article of the con-
For as the United States guarantees to each
se aaea eyer G9ngress must
shed II the sats. . beoFe L can s snh
whether 1t is repub fcan Or not. And when the
sd 5 and be 9s y s o s stsse he aa
thority Of the government under which they are
appointed, as well as Its republican charac er. Is
ity. and its decision Is binding On every other
department ct the government. AMI could not
pe ,f' questioned y cts 4 II judicial tribunal
q Congress approved on the twenty eighth Of
February, 1795, which authorizes the President
nag 9gdf tbs e ebgR lon
vsneE s & hs sa unsa gfsa
President. Heis to act npon The application l Of
auent,ly be 1s must determine what body Of men
parties claim the right to the 90 @ ns p2n
T. i is mattsr of history that the President
OF the United States recognized the Legislature
of q 1874 and would @ have enforced its enaetments
9t laws. The constitution Of the stats
at te eDsG n II wha when na9Ss pss
BY the people, are to. be promulgated. It re-
quires no PRONUNCIATION whatever. It merely |
majority Of the voters. shall become q part Of |
the constitution. The constitutional amend
meHt OF 1874 was submitted to the people under /
the operation of the election laws then in force.
and PRONOUNCED to be valid by. the Supreme
Court OF the State. The PRONUNCIATION Of the |
result OF the election as to the adoption. or re-
leotion of the amendment. was made In con-
required PRONUNCIATION Of the compilation Of /
Lhe election returns made by the Returning
Board. to be published In the official Journal
md q copy thereof to he deposited ILL the Office
of the Secretary Of State, - s7@--
Whatever may be thought Of the constitu-
FfonHiity OF those election laws I'm many partlc-
1lars. the power Of the Returning Board un-
der those laws to compile the votes given for
Dc against a constitutional amendment, and to
prom uigafe the result in the manner therein
Indicated. has not been questioned; nor has
he PRONUNCIATION made by the Returning
Board as to the adoption of the amendment Of
B74.
At all events, In the absence of any other
node provided by law, the de facto promulpa-
lon made by officials clothed with apparent aI1.
hority to act and accepted by all the depart
neDts OF the Government, is conclusive on the
ii ate and its people.
, The undersigned recommend the adoption of
THOs. J. sEMMEs.
d. CAFFREY.
. ~ II. g. WARMOTH, IA
'~s M. CAHEN +
f.Ys%t .g G. LEGARDEUR. JR ,
Resoaued That a special committee OF nine
Members Of this Convention be appointed by i
be President. with powers to ascertain wheth- /
or not an equitable adjustment Of the consol- Ii
dated debt OF the State contracted under the Il
egElatiOn OF the year 1874 can he effactt3d and