New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-25
TIE LnrLsLANA PROTEST.


the Louisiana address will make o strong i'm
preston at the North. The gentlemen who
have united in this appeal to the sympathies
of their felow-citizens make but few COM
! ments on the extraordinary narrative which
they present to the world. They have moth
| ing to say Of the characters of either OF the
contending parties; and nearly all OF them, 30
far as they have hitherto taken part in State
politics at all, have been pronounced oppo-
nents of the Warmoth faction. They content
themselves with setting forth the facts In this
| shameful case, and explaining in part the
questions of law upon which the action OF
Judge Durell's court must be estimated. 1t Ii
an extraordinary story, and it has every ap-
pearance of candor.
OF course there is another version OF the
difficulty, and that has not yet been heard.
| 1t il hard to see upon what ground the man
ner of interference by the Federal Judiciary
can be justified; but there may be, and prob
ably is, some color of palliation for Judge
| Durell,s course which has not been set FORTH
When both parties have stated their case, we
shall better understand whether the fault lies
chiefly IN the law, the Judge, or the Administra-
ton. IL is certain however, that by gross abuse
somewhere an inferior court OF tho United
States has been made to Overturn the whole
administration of one Of the States, to control
the composition and organization OF the Legs
| lature, and to place in Office number OF persons
who were not elected to the posts which they
assert their right to fill This is startling
usurpation, which may well give every State
in the Union cause for anxiety; what has
| -, \ To ma done
| South Carolina tomorrow, in Virginia the
day after, in Now York and Massachusetts next
week. unless Congress take prompt measures
| either to amend the law OF to punish the trans
! gressors. The authority under which Judge
Durell assumes TO act is the Enforcement law
passed by Congress in 1870. That bill provides
that persons who have been deprived Of cleo
ton to Office by reason solely Of q denial to
| colored men of the right to vote, may bring
| suit in the United States Circuit or District
| Court to recover the Office but the candidates
| for seats in the Legislature and sundry other
Offices are expressly excepted from the benefits
of tho act. On their face these provisions Of
the Act Of Congress are merely safeguards
| design cd for the protection OF tho coiored
| people in the privileges granted them by tho
Fifteenth Amendment. That it never was
| the design of Congress that dangerous
albeit not essentially unjust enactment
should be pushed to the enormous length
Of putting the whole administration Of o
State into tho hands of Federal Judge
| is too plain for argument. Yet this is just
what has been the result in Louisiana. Under
| color Of the Enforcement Act, Judge Durell.
instead Of restoring" to Office Governor
who had been deprived of his election by the
refusal of colored mems votes, assumed, in
advance Of the official announcement of the
result of the election, to declare that no per-
sons should be regarded as elected except
those returned by particular one of two
rival boards of State Canvassers; and that of
contesting candidates for the Legislature. one
set only should be recognized or even allowed
to enter the Capitol, although the law explicitly
denies to candidates for tho Legislature tho
relief which it holds out TO some other persons
Then the favored Board of Canvassers meets,
and, without having in its possession any re-
turns from tho voting precincts, makes purely
arbitrary declaration of the result, stating tho
figures at its own unchecked discretion, and
giving the offices to number of persons who
unuuestionably were not elected. The pro-
tecteQ senate assemblies unucI INC pIcSiu6uCy
of the adventurer Pinchback, whose term Of
service as Senator has expired, and who at the
time when he takes the chair has no Office
whatever. The House impeaches tho Gov
ernor, and Pinchback, b. virtue of his usurped
position as Presiden. of the Senate, declares
himself acting Governor. The Legislature then
proceeds, under various pretenses, 10 admit
and expel members, without reference to the
votes they received, and in many cases with
ont formal contest. That tho law may be
powerless to check these abuses, the Legisia-
ture abolishes two District Courts, creates q
new tribunal with exclusive jurisdiction 10
determine title to Office, and appoints as
judge one of the members on Durelps Return.
ing Board, who will thus have the exclusive
right of reviewing as q court the decisions he
has already made as q canyhsser. Proceed
ings which Warmoth has already taken meas.
ures to institute in the Supreme court OF the
United States are dismissed by resolution of
the Legislature. All this ia done under the
protection of United States troops, and with
the formal sanction of the President.
The case calls for the immediate inteEposi-
ton of Congress. The members of the LouisiA>
ana Committee tell US that Gen. Giant received
them kindly, listened to them patiently, aud
referred them for relief to the National Legs.
lature. We arc glad to believe that the
Administration has no wish to be unjust.
When the matter is brought into Congress
after the holidays the Presidents next friends
will act wisely and gracefully IL they show
themselves foremost in asking for an inyesti-
CATION, and urging whatever measures may DO
found necessary TO restore TO the unfortunate
people of Louisiana the right Of self-govarn-