CONGRESS, UNITED STATES. 



231 



there for the last ten years five hundred men 

 diMributi-d ull throughout that State to pre- 

 serve iruiii|iiillitv tin-re, in a State where law- 

 lessness has predominated to the extent that 

 .1 know of, ami where lives almost in- 

 nuiiierablo have been sacrificed by the men 

 who are now here seeking to get another 

 rliaiico to have possession of that govern- 

 ment. 



I only desired to say that much to the men 

 uho claim that the people of Louisiana are 

 ai-king for relief. The people of Louisi- 

 ana are quietly pursuing their industrial avoca- 

 tions, and the government of their choice ex- 

 H the functions that they have conferred 

 upon it. The Senate and the House are in pos- 

 session of no information that will at all war- 

 rant action. But let the question come up 

 ami let it be debated whenever the Senate is 

 ready." 



Mr. Frelinghuysen : "Mr. President, having 

 rather incidentally than by deliberate purpose 

 taken some subordinate part in the discussion 

 of this question when it was before the Senate 

 on a former occasion, I propose now to snbmit 

 concisely my views on two propositions : First, 

 that the President of the United States was 

 authorized by the Constitution, standing alone, 

 and that he was also authorized by the statutes 

 of the country, to send armed protection to 

 Louisiana; and second, that Congress is not 

 authorized to order a new election in that 

 State. 



"And I may here say that while I cannot 

 agree with the conclusions of the Senator from 

 Wisconsin (Mr. Carpenter), I trust I do not 

 violate delicacy in stating that I admire the 

 marked ability with which he has presented 

 his views. He- has so presented the case that 

 he may properly demand and not petition for 

 it a serious and careful consideration. It is to 

 the labors of that Senator and the Senator 

 from Indiana (Mr. Morton) that we and the 

 country are indebted for an understanding of 

 this somewhat complicated subject. 



" I submit that the President was authorized 

 by the Constitution, standing alone and not 

 enforced by any statute, to send the protection 

 he did to Louisiana. Mr. Kellogg was the 

 Governor de facto of that State. The Presi- 

 dent told us that he had so recognized him, 

 and that he would continue so to do unless 

 Congress directed to the contrary, and we 

 purposely did nothing. Kellogg was therefore 

 Governor de facto, recognized by the President 

 and by the silent acquiescence of Congress; 

 and on the 13th of May, 1873, he sent the 

 President this communication : 



SIR : Domestic violence existing in several parish- 

 es of this State winch the State authorities are un- 

 able to suppress without great expense and danger 

 of bloodshed, and the Legislature not being in ses- 

 sion, and it being impossible to convene the Legis- 

 lature in time to meet the emergency, I respectfully 

 make application, under the fourth section of article 

 four of the Constitution of the United States, for a 

 sufficient military force of the United States Govern- 



ment to enable the State authorities to nupprew in*ur- 

 reotion and domestic violence. 



\ , r\ n-M|.f. tiully. your obedient servant, 



VV'M. 1'. K I. J.r.oGG, Governor of Louisiana. 

 To hii Excellency U. 8. GBAXT, President of the 

 United States. 



" If the President was satisfied that dotnes- 

 tic violence existed, on being called upon by 

 the Governor for a force to suppress it, he was 

 bound under the provisions of the Constitution 

 to do so, whether there was or was not any 

 statute imposing that duty upon him. That 

 disorder existed in that State cannot be ques- 

 tioned, because the preamble of the bill intro- 

 duced for a new election truly declares in 

 these words: 



Whereat, The public peace in said State is at pres- 

 ent preserved and can only be preserved during the 

 f.xi.-tiiig state of things in said State at the expense 

 of the United States and by retaining a part of the 

 army in said State. 



" That the demand upon the President was 

 made according to the constitutional require- 

 ments (whether in compliance with the stat- 

 utes or not) cannot be questioned, after reading 

 the foregoing application. 



"Sir, the Constitution carefully distributes 

 the powers of government into three branches, 

 the legislative, judicial, and executive. Article 

 one, section 8, declares the powers of Congress 

 in eighteen different clauses. Article three, sec- 

 tion 1, declares that the judicial power shall 

 be vested in one Supreme Court and in such 

 inferior courts as Congress may ordain and 

 establish; and article two, section 1, declares 

 that the executive power shall be vested in the 

 President of the United States. This distribu- 

 tion of power is essential to republican liberty. 

 The aggrandizement of all power in one body, 

 whether it consists of many individuals or of a 

 unit, is despotism. The question is, to which 

 of these three divisions of government the duty 

 under the Constitution attaches to protect a 

 State from domestic violence ? The Confctitn- 

 tion says that it is ' the United States ' that 

 is to give this protection. We are here told 

 that saying the 'United States' shall give 

 the protection is equivalent to saying that 

 Congress shall give it. To that I cannot agree. 

 If the Constitution had intended that Congress, 

 as contradistinguished from the Executive or 

 judiciary, should give this protection, it would 

 have enumerated this power among those con- 

 ferred upon Congress in the eighth section of 

 the first article. In that enumeration of the 

 powers of Congress it is provided that Con- 

 gress may suppress insurrection and repel in- 

 vasion; but a general insurrection is a very 

 different thing from domestic violence in a 

 State. That term includes insurrection, but 

 it comprehends much more that does not 

 amount to insurrection. Neither can it bo 

 claimed that this power is given to Con- 

 gress by the last clause of the eighth sec- 

 tion of the first article, which says Congress 

 shall have power ' to make all laws necessary 

 and proper to carry into execution the forego- 



