The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-05-13
TUESDAY EvEN,G, MAY 10. 1873
The Louisiana Troubles.

credit OF having lmpartially treated potn |
political parties in Louisiana, by admitting,
as we have repeatedly done, that there
were irregularities, of avery grave nature,
in the election itself, and that both parties
were more or less at fault in precipitating
the present disgraceful political crisis.
That there has been any adequate cause for
the trouble now existing there, however, or
that there is any valid excuse for armed re-
sistence to the constituted authorities of the
state, is what we most confidently deny.
In proof of this position, let us refer again
TO the origin of the troubles, and recall
the facts as they were given at the time by
the proper state and United States tribu-
nails, before whom the the matters in dis
pute were considered and tried:
According to the laws of Louisiana, Govern
or Warmoth, Lieutenant Governor Pinchback.
Secretary of State Heron, and Messrs. Lynch
and Anderson constituted at the late elec-
lion in that state returning board, with power
to canvass the votes for PRESIDENTIAL Electors,
members of Congress. state officers, and mem.
bers the Legislature. Pinchback and Ander-
son were candidates upon the Republican ticket,
and therefore resigned their seats upon the
board, and to fill the vacancy SO created,
Iongstreet and Hawkins were elected
by the remaining members, as provided
by law. Warmoth then pretended
10 remove the secretary of state from office and
appointed in his place fellow named Jack
Wharton. Warmoth and Wharton then repu.
dated the election of Longstrest and Hawkins,
aud appointed in their places Hatch and Depont.
This board, SO constituted, were proceeding to
canvass the votes when upon due application
their proceedings were perpetually enjoined by
the Judge of the eight d strict state court whose
jurisdiction in the case was unquestioned. War
III tyntnn fnAf ha Hoar
ing said injunction from his Office and installed
in his place, before the votes were canvassed or
it was legally known who was elected, the DEM
ocratic candidate for the judgeship in that dis.
trict at that election. Proceedings were then
had in the supreme court of the state in which
the validity of this change ofjudges was brought
i'll question, and the court held it invalid and in
effect decided that Warmoth's board OF canvas
was Illegal and its acts void. These deci-
sions of the state court were treated by Warmoth
with perfect contempt. Suit was COM
menced on the equity side of the United States
district court, in which an injunction was
asked and obtained against the Warmoth board
of canyassers, and this injunction was also
treated by Warmoth's board with contempt. In
structions We're then given to the marshal to
enforce the orders of this court, and troops were
placed at his service for that purpose. Mean
while the board of canyassers organized accord
ing TO law. A majority of them canvassed the
votes and returned that the Republican candi-
dates for presidential electors and state officers
were elected and that certain persons were
elected to the legislature.
Let our political contemporaries bear in
mind that not only the Judge of the United
States court whose action has been seriously
questioned, but the Judges of the District
Court and Supreme Court of the State, as
well as the legally constituted returning
board, decided in favor of the present state
officers. But this is not all. Upon the
announcement of these decisions, War
moth applied to the Supreme Court of the
United States for writ of prohibition
against Kellogg, which was refused,
Chief Justice Chase delivering
the opinion of the court, which was
concurred in by every one of his associates
on the bench. 1t is true that this opinion did
not go to the merits of the dispute as
between the de .jure and the de tacto
governments of the state, since the
decision of the court was simply to this
effect: That there was only one way tc
contest the validity of the decisions made
by the local courts, and that was by
appeal, or writ of error, in the regular
form.
After the dismissal of Warmoth's writ
by the highest judicial tribunal in the land
with no other or further legal proceedings
taken by the party, we submit whether th'
Kellogg government, however irregular j
might have been in the first instance
was not only the de facto but the de .jme
government Of the state. The New Or.
leans Times, of recent date, in referring
to the status of the McEnery and Kellogg
governments, says:
We do not question the de jure rights of Gov
ernor McEnery, but at the same time we find tn,
de facto evidences all on the side of Governs
Kellogg. He is in possession. He is supported
by the State and Federal courts, so far as the,
nave been appealed to. He is surrounded by al
The machinery through which de fdcto govern
ments operate in the assessment, collection, ant
disbursement of taxes. He has possession of tn,
state arms and controls the state militia. VIVA
further evidence of a de G1cto government cal
be required
Here, then, is a government recognized
by the courts and political tribunals of tn
state, against whose lawful authority por
ton of the people of that state, having tn
sympathy of our local journals, are il
armed rebellion, bringing infinite disgrac
upon our institutions and the essential prin
ciples of government underlying them.
When the New Orleans committee wait
ed on the President, and requested that
Judge of the Supreme Court be sent dow
there to take charge of the United State
District Court, and that he Qhe Presden
would interfere to prevent the installatio
of kellogg, the following language wa
used by General Grant:
Congress has the power to investigate the fac
in the case presented, but he (the Presidency d
not propose TO interfere with the local affais
that state by putting one set of officers or tn,
in power. Although numerous kilograms lei
ters and papers said he had done So no actio
was taken by the administration until the al
decree of the United States court was attempte
to be set aside or resisted by the last governor
the state. Then the United States marshal wa
simply instructed to see that the decree of tn
federal courts was sustained, and militaI
forces were TO be used if necessary to supper
the federal authority. He would not feel at Iii
erty to make request that Judge Bradley (
TO New Orleans particularly az he is wantt
here while the court is in session, although
tho court should make the request it Wou
meet with his appreciation.
The President during the colloquy with Judl
Campbell, said his understanding of the subie,
was That the court had merely decided who wei
the legal canyassers, and even if as stated in IL
case, the court exceeded its authority its dec
sion VIII have to be respected until the decisic
shall have been set aside by a superior court
would be dangerous for President to set pr
cedent OF interfering with the decisions of Ii
courts