Each branch of a legislative assembly is the judge of the election
and qualifications of its own members; but if a mob or a body of
unauthorized persons seize and hold the legislative hall in a tumultuous
and riotous manner, and so prevent any organization by those legally
returned as elected, it might become the duty of the State executive to
interpose, if requested by a majority of the members elect, to suppress
the disturbance and enable the persons elected to organize the house.
Any exercise of this power would only be justifiable under most
extraordinary circumstances, and it would then be the duty of the
governor to call upon the constabulary or, if necessary, the military
force of the State. But with reference to Louisiana, it is to be borne
in mind that any attempt by the governor to use the police force of that
State at this time would have undoubtedly precipitated a bloody conflict
with the White League, as it did on the 14th of September.
There is no doubt but that the presence of the United States troops upon
that occasion prevented bloodshed and the loss of life. Both parties
appear to have relied upon them as conservators of the public peace.
The first call was made by the Democrats, to remove persons obnoxious
to them from the legislative halls; and the second was from the
Republicans, to remove persons who had usurped seats in the legislature
without legal certificates authorizing them to seats, and in sufficient
number to change the majority.
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