, 1872-12-16

as they had jurisdiction, we're called upon to
determine questions merely between citizens Of
that State. While these State Courts we're con
sidering the question before them, Kellogg and
his friends resorted to the Judge Of the United
States Court, one Dure11 from New Hampshire,
who promptly forbade the Supreme Court OF
the State aud all other Courts from acting on
the matter; forbade the Governor and
the other State officers from exercising
the duties imposed on them by law;
declared half dozen persons officially unknown
to the laws OF the State to be persons entitled
to declare the result OF the election; declared
the PERSONS who should be announced by theHo
men to have been elected to be duly elected;
forbidding the members Of the Legislature
announced by the Secretary Of State to have
been elected from meeting at the State House
on the day appointed; ordered the United States
Marshal to employ force to exclude such persons
from meeting or sitting as members of the State
Legislature. Thus protected by the Federal
Court and Federal bayonets, the persons desig-
mated by. the Duren Court made proclamation
that they had canvassed the returns, md that
they had been informed by affidavit that several
thousands Of persons who had not voted On
election day, would have voted for candidates who
had not been elected; that, by counting the votes
Of these non~voting persons, and adding them
to the returned vote, they found that Kellogg
had been elected Governor, and that 8 Logisla-
ture composed Of very different persons had
been elected This Legislature thus declared to
have been elected by the votes Of persons who
had not voted, met under the protection Of Fed
era1 troops. Their first act Was to adopt articles
Of impeachment against the present Governor,
whose term does not expire until January, and
then declare that pending the trial ho vas de-
posed, and Lieutenant Governor Pinchback VAS
Acting Governor, In the meantime. the officers
Of the State, in the exercise Of their sworn
duties, had published the report Of the
canTass Of the election returns, showing
that Mr.. McEnary had been elected Gov
ernor. Pinchback Immediately reported to
Washington, and the Attorney General answer
ed that the President recognized him as the
Governor Of The State, and the Kellogg Legisla-
ture as the Legislature of Louisiana. This
Legislature had also directed the seizure Of the
State Offices, including the State Arsenal. This
building was guarded by q Company Of State
Militia, who refused to obey any orders except
through the regular officers Of the State
Whereupon, at the request Of Pinchhack, Gen
era1 Emory proceeded with force OF United
States troops to the arsenal, and, upon his de-
mand, the State troops surrendered
There h ave been cases Of disputed State Gov
ernments, and at least one case OF Federal inter-
ference, but there is no precedent in fact, and
no precedent even in the widest claims, for such
Intervention as the President has ordered or au-
thorized in this case Twelve or more years ago
there WAS an election in Wisconsin for Governor
and State officers. As was the case in Louisiana
the law appointed q Board Of officers to canvass
the returns and declare the result. Thia was
done, and y. 4. Barstow was declared elected
Governor by small majority An appeal from
this decision Has taken to the Supreme Court OF
the State, ponding which Barstow was sworn in,
and his competitor, Bashford, also took the
oath Of Office Both claimed to be Gov
ernor. The Supreme Court OF Wisconsin,
after full hearing, decided that it had
authority to revise the official canvass, and did
Democrat, and Mr.. Buchanan WAS President.
Had Barstoy, pending the hearing OF the case,
applied to the United States Court for an IN
junction prohibiting the State Court from act
ing on the case, and another prohibiting Bash
ford from acting as Governor, and declaring
Barstow elected, and directing the Marshal to
employ Federal troops to sustain him; and had
| the President ordered the troops to carry out
the orders Of the Federal Court and forced upon
the State Of Wisconsin 8 Governor whom tho
| people had rejected, then there would have been
precedent for the Louisiana case, and,
revolt in Wisconsin TINT would have startled the
whole country. But the President left the en-
forcement and Interpretation Of the laws Of
Wisconsin to the Courts Of that State, and to
the decision Of its Supreme Court there WAS
prompt obedience.
In this Louisiana case, where the questions
involved we're purely as to the construction OF
the election laws Of the State, the Federal
authority was interpoaed to prevent the State
Judiciary from hearing or deciding the question;
WAS employed to prohibit the present legal and
de .facto Government from exercising it's Consti-
] tutiona1 duties; was employed to inatal new
! and revolutionary Government to de-
pose the present Governor, and to seize
| and hold possession Of the State House, Govern
ment offices, State Arsenal, and all other depart
ments Of the State Government. ALI this WAS
done by IN officer Of the United States army at the
head OF force Of Federal troops, acting under
the orders Of tho President Of tho United States
Such departure from precedent, such peryer-