St. Landry democrat., 1879-06-07

The undersigned being unable to agree
with the majority of the subcommittee
appointed to investigated
l. Whether the Legislature of 1874
was competent to bind the people OF a
free State, and
2. Whether any evidence exists in the
Office of tie Secretary Of State showing
the adoption by the people of the con-
stitutlOnal amendment of 1875, submits
the following reasons for his dissent:
1. The question whether the Leglsla..
ture of 1874 was competent to bind tie
people of ii free State is Il POLITICAL one.
1t depends on another, viz: W Whether
the Kellogg government was an actual
dc factO government, and had posses,
sion of the department Of state, and
claimed and exercised the usual func-
tons of government. That it was silcl
government is matter of history. The
question was decided by the United
States Government when Kellogg Was
recognized by it. The majority base
their argument to invalidate the Leg
islature OF 1874 on the fact that that
Legislature was the creation OF Federal
buyonets, which they say is matter OF
history. IF this he so, it may with
equal propriety be held that the acts OF
every Legislature and every department
of the Government, since 1868, to 1876,
were likewise invalid because it Is mat
ter Of universal knowledge that the
Government during that period was
upheld by the military arm ot the Gov
crnnent Of the United Statcs.
The constitution AND laws OF the
United States are the supreme law OF
this State, and under the constitution
of the United States every State is guar
l,I Z, ,,f ONT
Under color of this provision, the tx
ectltive of the United States has ut
different times recognized us the right
flu, Government Of the State one OF the
factions contending for the control OF
State Government His action has been
final, and acQuicsced ln.
1t is matter OF history that the Kellogg
Government was so recognized, ana
was actually in full possession tWhlthcr
through the Introduction of Federal
bayonets OF otherwlse) OF all the powers
OF the Government. lt'was therefore: II
de facto Government, exercising the
sovereignty of the State and claiming
and Receiving the obedience OF It's clti-
Zens. This is matter OF history.
Under this Government the Lcgisla-
tnre of 1874 excited, and the inquiry is
now seriously made "as to whether me
said Legislature was competent 70 oln!'
etc. Ltis too late to inquire. IAe MS
tory that the majority appeals to settles
the question against lhem. =,
1t is held by all public wfilcrs. with.
out exception, that the pntiic acts or
dc factO government are bAn0ln& on ti'e
citizens OF the State. 70 hold otherwise
would be to unsettlc the foundations OF
society at each triumph OF an adverse
political party in securing control OF
the government. For Instance suppose
the Republican party to succeed III some
future election, any &C ion OF the gov
ernnpnt preceding might be questioned
on similar, if not identical grounds.
Thcv might hold [and il there was
mower sufficient to resist they might
hold vit:. jmpunity) that they mad been
iutlmida,ed by bands of armed mA
driving their voters from the polls, or
oyeraWing them previously by hostile
demonstrations that they had the IN
questioned majority; that the voice OF
that majority was hushed by vIoSHce,
aud that the acts Of any Legislature
under II regime OF fraud and violence
were null and void and not binding on
the people of a free State. They Wonld
then pl oceed to declare that the act OF
the LEGISLATURE Of 1890 Cor instance)
scaling the public debt to 60, cents Oh
the dollar, agreed to by the public
creditor, was nn II and void, and that
the whole debt should be wiped out as
having been created by, Legislatures
"not competent to bind the people 70
free State"
The undersigned begs leave to submit
that this doctrine is revolutionary, based
on no reasoning and supported by no
authority, therefore find that the act
of the Legislature OF 1874 was com-
Detent to bind the people OF free State.
Under our system peaceful revolutions
are provided for by tie ballot, and then
Deaceful changes are pTediCated on the
inviolable and sacred character Of the
existing Government, which is sought
to be changed, as to the character OF
its officials. The argument Of the ma
iority is that the proper officials (nram
bers Of the Legislature were excluded,
and improper ones installed through
force, and that, being d Government OF
force, none of its" acts are entitled TO
any consideration. The argument has
this scope, or it has none, Tor it is mani
fest that the funding act cannot be sin
gled ont as bad and the balance OF the
acts Of the Kellogg Government held
good.
As before stated, our system prevents
or hinders the States, where cOntenG.hg
factions claim the government, from
settling fhe feud themselves by a resort
to arms until one Of the factions be-
comes exhausted. The United States
intervenes to preserve the peace, and
either recognizes through the proper
department. one or the other Of the
factions, or maintains the status gat0.
This last was done in the case OF our
present Government, and successfully
done. But if each successive Govern
me;lt can question the acts OF the one
preceding, we are relegated to a worse
state of affairs than exists in Mexico.
The de factG principle has been es-
tablislled firm! Y as thelaw of all civilized
countries. from the tii1e Of Cromwell
to question it noWs would Be to turn
back on the march Of law and eniisht-
ment, and plunge society into ills which /
the Imagination cannot contemplate
without shudder:
The second query is substantially an
swered by what precedes.
Another familiar principle applies to
tllis question. Though the only evil
dence of the passage or adoption of the
amendment of 1875 "may
be and is a copy Of the Republican
yet CnlS uOeS noC destroy
the presumption Of "Omnia rite ct
esse acta.0
Public officers are presumed to do
their duty. The amendments has been
duly promulgated and acted on; under
it millions of bonds have been funded,
and the question of whether there is
sufficient evidence IN the office Of the
Secretary of State of its adoption has
been swallowed, as it were, by the
great fact that the amendment has been
acted ON and acnniescad In hv the nea-L