The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-12-18

Louisiana state Troubles-A Dangcr-
GUS Precedent.
The indecent scramble for Office between the
Louisiana carpet-baggers, Kellogg and War
moth, would have excited little interest be-
yond the limits Of the unfortunate State if q
federal Court had not assumed jurisdiction in
the proceedings to which it gave rise and if
the administration at Washington had not
taken sides in the quarrel. As it is, the issue
is no longer one between the rival factions in
New Orleans, but has become an issue between
the federal and State governments. 1t Is no
longer fight for power between squabblng
politicians. but struggle for free government
in which all the people of the United States
are vitality concerned. Whatever may be the
real merits of the case. the fact is undeniable
that it has been settled not by the test of the
constitution and laws of the State-not by
the State Courts but by federal
judge federal arms and the arbitrary
dictum of the federal administration.
The orders Of Judge appointed
by the President Of tho United States, Sec
onded by the active cooperation Of the Presi-
dent himself, have decided how the Presiden-
tial vote of Louisiana shall be cast, what
Congressman shall be declared elected from
that State and to which party the United
States Senatorship shall be given. The plain
statement Of these facts is sufficient to show
the dangerous character of the federal usurpa-
tion If the action Of Judge Durell be in con-
formity with the existing law. and if the
course pursued by the administration at Wash
ington be legitimately within the province Of
the Executive, the end Of free government has
been reached The President Of the United
States may perpetuate his power at his will
and choose his own Congress- This is no
mere figure of speech. The seven electoral
votes of Louisiana might have decided the re-
suit of the Presidential election. The Ave
Congressman from that State might have
turned the political complexion Of the House
Of Representative one way Or the other
In that event the effect Of the Presidents
action would have been to elect himself and
his Congress by the power Of federal bayo-
nets. It is impossible to deny the truth Of
this proposition, and If the course pursued
by the administration is justifable at all, it
would have been just as proper in the event
we have assumed as it is under existing cir
cumstances
We regard the part played by Attorney Gen.
eral Williams in these Southern complications
as peculiarly unfortunate From the first his
conduct has been too distinctly marked by
craftsmanship, and justifes the suspicion that
his advice has led President Grant into his
1a, IL
General kilograms to New Orleans read more
like the orders and decisions Of ON autocrat
than the calm expressions of the legal adviser
of republican administration. As lawyer,
that officer ought to have been the first to
recognize the indecency, under any clrcum-
stances, Of pronouncing final judgment
in case yet before the Courts, and
the last to recommend to the President
a course in conflict with his consti-
tutional powers and duties. The blunders
Of the Attorney General have been aggravated
by his publication Of a special plea intended
to excuse if not to justify, the course Of the
administration. His statement, with oil its
license Of assertion, utterly fails in its object
Its tone is bad; it renders the partisanship Of
the advocate Extensively apparent 1t is un-
becoming member Of the President Cabinet
to use the following language in describing an
act Of q Governor Of State: -"Warmoth
then pretended to remove the Secretary Of
State from Office, and appointed in his place q
fellow by the name of Jack Wharton" But
independent Of the offensive style of the Attor-
ney Generals official statement, he proves that
the contest in regard to the Board Of Cam
vassers and Warmoth's removals was within
the jurisdiction Of the State Courts, which
were in operation and possessed the power to
enforce their orders and compel obedience
to their authority; that proceedings were
actually pending in those Courts, and
hence that the intermeddling of Judge Durell
was not only of questionable legality, but was,
under the circumstances, gross interference
with the State Courts. The Attorney General
shows conclusively that Judge Durell's orders
and decisions were made to affect the election
of the State Legislature, while the law under
which the Judge claims to act expressly ex-
cludes State Legislatures from his jurisdiction.
The Attorney Generals apology for the Presi-
dents action will scarcely be accepted as
sufficient The President, he says, did not
doubt that irregularities had occurred on both
sides; but, believing that the republican
ticket had received majority OF the votes of
Louisiana he determined to forestan the
action of the State by recognizing Legisla-
ture declared elected by Board which did not
have before it an official election return from
single district Of the State So, according
to this legal luminary of the Cabinet, the
''belief' of the President as to the result of
State election i to compensate for all ''irregu-
larities' in the canvass and to decide what
government shall be pronounced the "lawful