New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-19
THE GovERYgEsr or LOUISIANA.


The action of the President, III assuming
that, though irregularities had occurred on
both sides" "the Republican ticket had re-
"ceived majority of the votes of Louisiana,
cuts the tangle of the rival State Governments
with the sword; but it does not settle the
very serious legal and constitutional questions
which have sprung up in the course OF TINS
disgraceful quarrel. No honest citizen can
regret the downfall of one of the warning
factions or rejoice at the triumph of the other
Warmoth and Kellogg are both representa-
| tiyes of the worst class of carpet-bag adven-
! turers, and the South will never be at rest
until men of their stamp disappear from the
n front places. Between u Governor who counts
/ himself in by packing the returning board and
a Governor ineligible under the Constitution
who is counted in by board not in possession
of any official returns at all, there is little to
choose. As between Warmoth and Kellogg,
therefore, personally, the contest has little
interest in our eyes. But the conduct OF the
courts and the condition of the law demand
careful examination; and even the question
who is Governor cannot be considered perna-
nently settled by the summary decision of the
# President.
| The right of Federal Court under ordi
| nary circumstances to interfere with officers
claiming to be chosen or appointed under
State law, in the discharge of their functions,
has never been pretended. If relief is needed
! by such officers, who are creatures OF local
legislation, it must he sought from the local
tribunals. But the Enforcement Act of 1870.
in order to protect cOlOred voters at the South
in the exercise of the suffrage granted certain
special powers to the District and Circuit
Courts OF the United States, on the ground
that such powers were necessary to secure the
privileges guaranteed by the XVIII Amend
---snC VI Uuo CONSTITUTION. IL Is accordingly
provided in this act that whenever any per-
"son shall be defeated or deprived OF his
election to any Office, except for electOr of
" President or Vice-President, Representative
cor Delegate in Congress, or member of a
" State Legislature, by reason of denial to
" any citizen, or citizens, who shall offer to
" vote, of the right to vote on account of race,
" color, OF previous condition of servitude," he
may bring suit to recover possession of the
office; and if it appear that the question
touching the title to such office arises
solely out of the denial of the suffrage 10 col
ored citizens as aforesaid, the Federal Courts
shall have jurisdiction in the case. Now it
does not appear that either of the conditions
requisite to give application to this law ex-
listed in the case as it was submitted 20 Judge
Durell In the first place, the proceedings in
stituted before him were not in the nature of
a suit TO recover possession" of an Office, but
a petition for an injunction to prevent the
Warmoth returning board from canvassing
and declaring the vote. Senator Kellogg had
not been deprived of his election to any
(" Office nor could he be until the vote was
officially declared. Them if he could show
that the exclusion of voters from the poll by
reason of their color was the sole cause of his
defeat, he might go to Judge Durell for his
remedy. Instead of doing this he applied for
an injunction Ito preventive returning board
from acting at all, on the ground that it was
illegally constituted. For this he should have
gone to the State courts. They alone had
jurisdiction in such case, and whether they
were disposed to deal justly with him or not
is foreign to the question.
In the second place, it does not appear that
the sole cause of Kellogg's defeat was the
F." denial to any citizen or citizens" of the right
to vote con account of race, color, or previous
f" condition of servitude." great number of
cOlored people made affidavit that they had
been prevented from registering; but it does
not appear that they were refused any rights
on account of their color. 1t Is charged that
in many of the country districts the registrars
made frequent adjoTnments from place to
place, for the purpose of confusing and mis-
leading the voters, giving secret notice of
their meetings to Warmoth men, and keeping
the negroes, who generally supported Kellogg |
ignorant of their movements. But no cOlored
man who sustained Warmoth had any diff |
ficulty in registering; the question was one
not 80 much of color as of candidates OF
course it was great piece of rascality; but
it is not at all clear that the Enforcement Act |
affords any remedy for it.
These grave objections to Judge DurelPs |
course must receive attention in the proper |
quarters. IL what he has done be justified, we |
do not see where the doctrine Of Federal in
reference is to stop. The whole machinery of |
State administration is at the mercy of o
Judge of one of the lower United States
Courts. The question of Kellogg's eligibility
seems to us Of less Importance. He was
senator of the United States at the time of
The election. and the constitution of Louisiana
declares that mo member of Congress or any
. person holding Office under the United States
L Government shall be eligible TO the Office of
Governor or Lieutenant-G Governor But the
right Of this particular man to the office which
ne claims ia question Of much smaller i'm
port than the power of the United States Gov