National Republican. (Washington City (D.C.)) 1872-1888, 1882-06-22

Concerning Rival State Governments.
Whenever, If ever, party spirit shall run
so high that the result of Presidential
election cannot be determined by meas
ures acquiesced in by both of the con-
tending claimants of victory, then of
course force will be resorted to, and that
means arbitrary power for an indefinite
period. In 1861 there was no claim that
Abraham Lincoln had not been duly
! elected in the manner prescribed in the
Constitution. The rebellion was refusal
by the defeated to submit to the ncknowl-
edged result. 1t was revolt in advance
against policy of hostility to their
rights and property interests, which tho
rebels professed TO believe would govern
the new administration. The revolt was
limited to the regions where property in
! slaves existed But in q dispute as to
who has been right(ully chosen President,
whenever peaceful methods, agreed to
by I'LL parties us legal, shall prove inade-
quutc, then every citizen will have to
choose sides, and each of the great par
ties will fight to compel obedience to the
President it will claim to have duly
elected, and will be bent upon the ami
hilation of the candidate of the other
party, whom it will hold to be traitor
and usurper. There seems to be no
great difficulty in providing for all mere
contests over the eligibility and election
of electors in States having established
and undisputed State governments.
Such States will always present such evil
dcnces of the choice of electors eligible
under the Constitution as will insure
their full participation in the choice of a
President. The great danger lies in
the disruption of State governments
and the rival claims of contending
factions TO speak the voice of a State.
The question Of the legitimacy of State
governments is one not provided for in
the Constitution in direct terms. The
| provision that the United States shall
guarantee TO each State q republican
form of government and aid it in main.
tlining its authority imposes upon Con-
gress the duty of providing for the exc
cution of that power. The authority
| ny NObEiCsh upOh lhO INoi
dent to aid the authorities of State in
suppressing domestic violence gives the
President the power to decide in
the first instance which of two
rival State governments is the
State and which the insurrection
But this decision is not binding upon
Congress, for both houses may, after the
President has acted, reverse his decision
by admitting representatives elected by
the faction whose alleged violence the
President is aiding to suppress. The
decision of Congress, rendered by the ac
of admitting Senators and members t.
their seats, is conclusive and binding
government, including the President
himself. The States which slipped of
of their governmental foundations during
the civil war contain destructive Gle
ments which have often since threatened
the public peace. They are now enjoyin.
State governments of undisputed author
ity Any amendment to the Federal Con
stitution which would provide method
for ascertaining which is the government
in State, when there is question, could
now be voted upon by thirty-eght States
in no one of which is the State authority
indispute. The Constitution of the Unitet
States as originally framed contained tht
provision empow ering the United State
to uphold in each State the rightful gov
ernment. This, as Chief Justice Taney
held in the Rhode Island rebellion case
made it necessary that The United Stute
should decide Which Is The government IN
State. He also held that Congress, by ad
mitting members, thereby gave legitimac,
to the power, in the State from which
they were accredited. But when the TIVE
houses of Congress disagree, and each o
two rival State governments has one
house at its back, and the electoral
votes of that State are to decide
Presidential election, then come!
the test again which in 1877,
brought the country to the verge of al
internecine war Now, why cannot the
power of Congress to decide which is tn,
government in State be exercised b,
the creation of II National tribunal to de
termine the question? And now Will,
there is no case to which the power is t,
be applied, why cannot n law, or a Consti
tutional amendment, if necessary, bt
agreed upon by the wise and patriotic
men of all parties which shall make it i'm
possible hereafter for the Nation to be en-
dangered when the two houses of Con
gress are under different political control
at the time of presidential count?