The Portland daily press., 1872-12-24

| exhibited as scandal to the landI 1t some
times happens that the executive department. il
tolerated. excused OF justified in acts of admin
istration which exceed their legal power.
The arguments derived from terms state tina
necessity, public welfare or convenience
have here soothing influence by judiciary
action is not entitled to any benefit of any suct
arguments. Damage which insues from the
judiciary power to accomplish other than judi
cial acts of administration cannot be calculated
and it is impossible to justify court in deter
ninating that to be legal which is merely de-
srable, or that to be right which is only pro-
fitable. The order in the Kellogg case was e1.
pdrte. 1t was placed in the hands of a marshal
without notice to the parties
1t proceeds from an alleged contempt by no
| legal procedure usual in matters of the sort,
and we are not aware of any imminence OF
danger to the public peace which justiiss the
| seizure of the State Capitol in a chancery
cause in suit between Kellogg and can
wasting board-a suit preferred by-brought
| to perpetuate testimony. The case OF Antoine
displays with more distinctness than that of
Kellogg the use that has been made of judicial
| orders to accomplish results of which the judi
| clary had no cognizance. Antoine was can
| tied to his office in January next, had ne been
elected. With disputed title a month in ad-
vance, he filed this bill and obtained the order
| placing under iuterdiet the Governor, the Sec
rotary OF State, the members elect OF both
| branches of the General Assembly, all the
board and officers and men of the police and
members of the two canvassing boards, and
this e1 pdrte order the organization of the Gen
eral Assembly, at a time when he had no share
in any of its sttings, was regulated and direct
ed. +aEsrnfs fnFgaFFt Tssa
Since the meeting in New Orleans, under
which the Committee was appointed, We have
been met with the suggestion that these orders
and acts are facts accomplished, and that their
revocation OF rescission would not restore the
stata quo, and that our complaints therefore
are unreasonable
If the opinion we have be correct, such con-
dition ought not to effect an action or conduct.
When the King of Great Britain established
arbitrarily government in one of the colo
Mes the remaining colonies took the alarm,
lest it might serve as precedent as well as an
instrument to establish such government else
where. r..s al. .s--- l-4a. ..ss ,..-I
Besides men are less patient under wrongful
orders and acts of a judiciary tribunal than
even of violence from other sources of authOri-
ty. A Government which rests for its organ
ization upon an illegal Judicial. oroer executed
by a marshal with companies of soldiers does
if the judicial appendages had been dispensed
with and the army had set up the Government
with strong and usurping hand.
The committee take the liberty to say that
they nave no connection with these suits as
parties or attornes: neither do they claim any
of the offices in dispute. They have not here
tofore concerned in the controversies among po-
litical classes which have endangered the peace
of and brought scandal upon the State. They
affirm that during the last four years there has
not been good Governments in louisiana
There has been extravaganza, prodgallty, dis
honesty and waste in the public expenditures.
The public debt has been en- )rmously increased
with but little corresponding benefits. The
credit OF the State has been given to speculat-
ing corporations for personal aims. The taxes
on property have assumed such proportion
that they might be called rents paid by the pro-
pretors of the State for its occupation and use.
The taxes on business Expresses the CONNER
cial and laborng classes. The laws to control
stimulate these excuses of Office holders, and
the consequence is depression and discomfort. /
The State needs an honest, faithful and re- |
sponsible government, conducted to attain pub |
lie objects, and not to Zurich its members or |
to perpetuate their power. There was an earn /
est effort to obtain such a governments at the
last election. We affirm, without fear of con-
tradction, that the foregoing statement exhib- |
its on the part of the United States Court the !
most unparalleled and baseless usurpation of |
jurisdiction and authority of which the annals
Of Jurisprudence afford any example. The &C.
lion of the returning board, recognized and
vested with all the powers by the court, has
been equally unprecedented. Without any Off
lion could have been rightfully based, they
rave presumed to proclaim the results of the
election. ~
The declaration by them of votes cast in the
iifferent parishes is as purely fanciful as if no
arbitrarily reduced and increased the votes on
,ne side or the other in the different parishes
20 suit their purposes. In several parishes,
while returning or even adding to polls cast for
heir candidates, they have simply anfhhilated
,r stricken out entirely votes cast for their OPP
oonents In other parishes they have exactly
reversed the returns. The majority has rarely
been returned for their opponents They have
not pretended to furnish the public with any
tho theory on which they acted Their whole
conduct is without any kind of reasoable expla-
1ation We submit to the people Of the Unit
ID States that such proceedings reach point
vt which the whole theory of popular govern
nent is reversed and overthrown The means
BY which such results have been reached are
enough to startle the public mind, but the re-
'ults themselves are not less appalling.
Aside from the general offices of the State
We find the legislature of the State delivered
,ver in the hands of men who were not elected
md who are utterly unfit for positions of such
AT its organization it ccom-
orised sxty-eight persons of color, most of them
totally unedncated, with very small majority
If whites. Since that time they have expelled
members whose seats were contested. They
have unseated members returned elected by
their own board and seated defeated opponets
On the simple ground that the former had not
that, origin Sly bad as the Legislature was, it
makes itself worse day by day, and the prospect
IS that soon the conservative element of the
State will have no representation whatever
To those who flattered themselves with the
hope that Kellogg would not willingly abet any
scheme of outrageous misgovernment, it is now
apparent that even supposing this to be true,
the power of restraining has passed entirely be-
yond his control, and that should he attempt
TO thwart the schemes of his Legislature, his
own impeachment would be probable event
Of the future In conclusion we would state
that we have attempted to perform the duties
Of our mission in the purest non-partizan
spirit; that we have not sought to furnish capt.
tai to any political party, or to excite popular
clamor in the interests of any faction.
We have laid our case before the President
and his Attorney General. We willingly tes-
tify that we have been courteously received and
patiently listened to. While they refused the
specific measures of relief for which we APP
piled, they have given reasons for such refu-
sal in no manner implying their indisposition to
see justice done. They have referred US to
Congress, and we feel assured that we shall
have the immediate sanction of the President
30 fal as we invite an impartial investigation
of the facts of our case, and that we shall have
his cooperation in any measures of relief which
Congress may adopt after the Investigation.
The people of Louisiana, ignoring party and |
conscious of an honorable effort to place in Of
fee men of tried probity, seek justice not gem
crosby. They ask for calm, impartial examin-
ton of the recent extraordinary events within
their borders, in order that the truth may be |
known and shat there may be speedy correc-
ton of the dangerous evils now threatening |