Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1873-01-03
LOUISIANA.

There has been so much furious writing
about the Louisiana case that 1t Is not easy
for most readers TO understand the actual
situation. The facts are theses Two mem
bers of the returning board for canvassing
the votes at the recent election resigned.
Their places were filled under the law by
the remaining members. Governor War
moth, one of the board, then removed the
Secretary of State, also member of the
board, and appointed Mr.. Wharf on, one of
his own friends, in his place. This gave
the Governor control of the board, and he
and Mr. Wharton repudiated the election
of the two new members, and substituted
two others. The new board, so constitute
ed, proceeded to canvass the votes, when,
upon proper application, their proceedings
were stayed by the judge of State court,
who had unquestioned jurisdiction. The
Governor thereupon forcibly elected this
Judge, and replaced him by one who had
not been legally returned rs elected. The
Supreme Couit of the State decided against
the validity of the Governors action, and
virtually held that his board was illegal.
The Governor dsregarded the decision OF
the court.
An Injunction upon his action was then
asked of the United States District Court,
and granted. This was treated by the Gov
ernor's board with contempt. The mar
shall of the United States was then re-
oured to enforce the order of the court,
and troops were placed at his command.
Meanwhile the majority of the legal board
canvassed the votes, and returned that the
Republican candidates were elected. The
Governor having called special session of
the Legislature, the persons returned by
the legal board as members duly elected
assembled in the State-house, and having
impeached the Governor, called upon the
| President for protection under the fourth
section of the fourth article of the Consti-
tuition of the United States. Meanwhile
another body assembled elsewhere claim
ing to be the lawful Legislature, and was
recognized by the Governor.
The situation then was this, that two bod
les assuming to be the Legislature of Lou
siana were constituted, and one of them
had appealed to the President, under the
Constitution to defend the State from do
mestic violence. The Supreme Court of
the United States has decided, and 1t is not
questioned, that by the act of 1875 1.-THE
power of deciding whether the exigcncy
has arisen upon which the Government of
the United States is bound TO interfere is
given to the President. He Is not to act up
on the application of the Legislature or of
the IStatel Executive and consequently he
must determine what body of men consti-
tute the Legislature, and who is the Gov
ernor before he can act" Meanwhile the
Governor had moved the Supreme Court
of the United States to restrain the District
Judge in Louisiana. But the court unani-
mously decided that it had no jurisdiction
until an appeal had been made. The Pres
ident, upon due consideration of the cir
cunstances, determined that the body as
sembled in the State-house was the legal
Legislature, and that Mr.. Pinchbeck, who
had succeeded the Governor upon the I'M
peachment of the latter, was the lawful
Governor of the State.
In making this decision the President
did not express any opinion Of the charac
ter of the persons engaged in the proceed
ings. Whether The District Judge Durell was
a drunken rutiian, or Governor Warmoti
an unscrupulous and dangerous knave
was not the question. Louisiana politics
and many of the Louisiana politicians o
all parties, are a stencil in the public nos
trils. But the President was constitution
ally invoked to act, and he decided to ac
and he decided to act in accordance witt
the ruling of the State and of the Unite,
States courts while as to the character O
the persons concerned there are probabl
,, very few well-informed persons who sup
pose that Governor Warmoth would hesi
tate at any measure necessary to carry on
his designs. The President might have dc
cded to take no part. But had he done 81
serious trouble and boodshed would prof.
ably have followed, and public opinio
would then have required him not to abar
don the State to- anarchy, and have aske
why, having the undoubted power, he ha
not prevented the actual crisis.
In the exercise of the grave prerogatiy
which was defined by the Supreme Court |
the Rhode Island case the President ma
err But the dull democratic hate, whic
denounces him as stupid dolt and an al
" tocrat of the worst type, and ruthless de-
pot trampling States beneath his heel, is
faint echo of that which ragged at him
II the field as bloody butcher. The Pres
; dent has exercised undoubtod powers
>. promote peace. If he has trampled upon
u State, il is in strict pursuance of ruling
IL the Supreme Court, announced by Chi
y Justice Taney; while to accuse him Of re'
/ ognizng the State-house Legislature in o
i der to defeat the known will of the peop
J of Louisiana is to assert that board col
u stituted by Governor Warmoth would ha'
honestly declared that will. The Preside
- is probably of opinion that the real will
10 the people, as expressed in the electio
was much more likely to be declared
u the legal board of canvassers than by tn
% of Governor Warmoth. Week.
DEATH OF GEORGE CATLIN.-Geor