St. Landry democrat., 1879-06-14


semblv, on the twelfth March, 1877, so
far from repudiating the legislation of
1874, passed a law to amend and re-enact
the funding bill and enforce the con-
stitutional amendment.
Who now has the cUnstitutial power
to say that the act Of 1874, with its con-
temporanous constitutional amendment,
is not the law Of the laud so as to affect
contracts entered into under it; or that
it shall not remain so until those CON
tracts are satisfied ? Amy contrary de-
claration by this Convention will! be dis
regarded by yjudicial tribunals.
The undersigned are not prepared to
announce to the world that the State of
Louisiana refuses to recognize contract
which all of its courts, as we'll as all OF
the courts of the United States, il called
on to enforce it, would not hesitate to
use the judicial power of the Safe or
nation to enforce.
| When a man refuses to pay debts rec
oguized by the courts of the country aS
| legal, and to enforce which they will
exert their judicial power, it is said that
he repudiatcs his debts.
| There is no reason why the same
term should not be predicatcd of SINH
| lar conduct on the part of the State,
except the desire to use diplomatic and
euphnistic language when speaking of q
sovereign.
The fact is, whether Legislature be
a Legislature is a political question, and,
therefore, it is a question Of force. The
Legislature that is, and exerts its au
thority to legislatc, and which can en-
force IFS enactments, is the Legislature
of the State.
In this country the Legislature Of a
State is that Legislature whose laws
the President of the United States will
enforce if called on 50 to do by the
Legislature, if in session, or the Gov
ernor of the State, when the Legislature
cannot be conyened.
This has been adjudged many years
ago, if adjudication were necessary. In
Luther VS.. Borden, 7 Howard, p. ~,
Chief Justice fancy says:
1.-THE fourth section OF the fourth
article Of the constitution OF the tnlted
States provides that the United States
shall guarantee to every State i'll the
Union a arepublican form Of government,
invasion, and on the application of the
Legislature, or the Executive (When
the Legislature cannot be conyened,)
against domestic violence. Under this
article OF the constitution, it rests with
Congress to decide what government
is the established one in a State. For
as the United States guarantees to each
State a republican government, Con-
cress must necessarily decide what gov
ernment is established III the State, be-
fore it can determine whether it is
republican or not. And when the Sena-
tors and Representatives OF State arc
admitted into the councils Of the Union,
the authority of the government under
=, ~, tnI -ntI re
republican character, is recognized by
the proper constitutional authority, and
it's decision is binding on every other
department of the government, and
could not be questioned in Il judicial
trihunal.'
The court then proceeds to discuss
the act of Congress approved on the
twenty eighth of February, 1876, which
authorizes the President to use military
force to suppress sinsurrection. " BY
this act,n. says the chief Justice,' the
power OF deciding whether the eXigcncy
had arisen upon which the government
of the United States is bound to inter-
fcre is given to the President. He is to
act upon the application of the Lcgis-
lature or of the Executive, and conse-
qnently 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
the case, for both cannot be entitled to
it. It is matter of history that the Pres
ident of the United States recognized
the Legislature of 1874, and would have
enforced its enactmentS it resisted.
This recognition impaired to the enact
ments of that Legislature the force of
laws. The constitution OF the State
does not specify in what manner amend
ments to that instrument, when ratified
by the people, are to be promulgated.
It requires no PRONUNCIATION whatever.
1t merely declares that amendments,
when ratified by a majority of the vo~
,, ters, shall hecome a part OF the con
stituton. The constitutional amend
ment of 1874 was submitted to the peo-
pie under the operation of the election
laws then in force, and pronounced to
he valid by the Supreme Court of the
:. State. The promulgatiOn of the result
of the election as to the adoption or re-
lection of the amendments was made in
conformity to the provisions of those
laws which required PRONUNCIATION OF
the compilation of the election returns
made by the Returning Board, to be
: published in the official journal, and 4
) copy thereof to be deposited in the
office of the Secretary of State.
, Whatever may be thought of the con
stitutonality of those election laws in
many particulars, the power of the Re-
turning Board under those laws to com
pile the votes given for or against a
constitutional amendment, and to pro-
mulgate the result in the manner therein
indicated, has not been questioned; mol
has any one by any proceeding attempted
to annuI tic prnmplg gatign made by the
Returning Board as to the adoption OF
1874.
At all events, in the absence of any
other mode provided by law, the de
facto PRONUNCIATION made by officials
clothed with apparent authority to act
and accepted 10y all the departments OF
the Government, is conclusive en- the
State and its people.
'The undersigned recommend the
adoption of the suhjoined resolution.
THos. J. SEaIHEs,
y. OAFEREa,
HUGH I,REEN,
Fl. G. WARMOTH,
81. CAHEN,
Resolved, That special committee OF
nine members of this Convention be
appoiuted by tile President, with pow
ers to ascertain whether OF not an eqni-,
table adjustment Of the eonsQliGated
debt of the State contracted under the
legislation of the year 1874 can be effect
: ed, aud TO report thereon as soon as
practicable.