New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-21
NTNUED FROM FIRST PAGE.
rnmtlt which is republican IN Is

tie Circuit: Court OF the Inited States, CAL
10: be justified or defended. He grossly
exceeded his jurisdiction and assumed :he
exercise OF powers 20 which lie could lay no
claim. The only authority he tad IL he
matter grew ont Of the act Of Con- EesS~of
1870. 10 enforce the fifteenth amendment.
The ac! ameEda:OTy OF that passed i'll 1871.
which gave 10 the courts Ot the United States
Jurisdiction in AL cases IN law and equity
aI!sin. under tie former act. Under the frs:
act no classes OF cases might arise: First
Ac'IuD- 80 enforce the rights Of those who
hau been legally denied thc right 10 vote
upon grounds OF race. coIO' FL pIeVi"u.
condition Of servitUde. SecOnd-ACtion- 70
enforce the rights Of thOse who had been
deprived u Office by reason -! :he dei.lal
10 persons If The right 20 voJc "n account
q: race. color or previous condition of
k"rN.tudr. and tUits "a e4.lty 1t"
CGGIJ. or IA ala al those
rights Of action. would GENE within
the jan isdictioE Of The C,rsl,:: Court of tie
United States. among when would De d
tuit 10 perpetuate testimony. "ut 'D- pre-
fence :Bar IL ard 20 !terpc'th'c t".'-iunny.
The court coIid 20 heyoni In natural, Tea
rCra Die jurisdiction. 20 q. CD" wn3 constr
tuted the legal retaining beard Under tie
laws OF Louisiana. ana enforce The !lGh'- u
such az IL might determine 20 bc members
OF that board and 20 epioin Others VII"
were not, is without any foundation II law
or logic.
IN an, Antoine case Judge Dureli not
uuiv assumed 20 determine Who constitutes
III, legal rrturnlng bOart;. Unt 70 prescribe
who should be permitted {" cake part IN me
Orean.Zqfipn 81 the Legislature, and ."
,Nioin all persons from taking part in lhe
organization who were not returned Dy the
l.yuch uuard "a elected. and TINS assunp
ton Of jurisdiction was made IN ne la:' 90
the exiress provision II The act OF lo'u
! Oh - u
dates FOR electors tor Congress. oE !"g the
State legislature.
His order jesued in she Kellogg case 20
the United States marshal 10 take posses
sion OF the State House Tor the purpose OF
nr+vrutinp unlawful ASSENT lage-. under
which The marshal called TO his aid a por-
zion of the army OF the United States a
Posse cuElitt.tus, can OILY be characterized
AS a grOSS UsUtpatIOn.
OF the President. action, Mr.. Morton
Eaya il was not for The United States mar
Hhal ar for the President TO review the dc.
cisions and order OF Judge Darrell and de
termine whether he had exceeded he ju:is-
dctiOn.
By the tenth section OF the act of 1870.
under which Judge Durell had assumed ia.
risdictiOn in the case. II Is declared TO be
She duty OF all marshals and deputy mar
EhaI. TO aid and execute all warrants and
preeepts issued under the provisions OF this
have authority to summon and call TO their
aid the bystanders or posse comttatuses
Of the proper county or such por.
lion Of the land or naval forces
OF the United States or of the militia. rs
may be- necessary 70 the performance OF
the duty with which they are charged. and
under this authority the United States
marshal called upon the General IN com
mand Of the United States troops at New
Orleans for a detachment to aid him III the
enforcement of the orders and decree Of
the court. which demand was complied
with.
Tie constitution erjoins the President
90 take care that the laws are faith.
fully executed and this involves the
en- fcrcement OF the orders, DEGREES and
judgments Of the courts OF the United
ateF. But 10y the provisions of the
act OF 1870, il would seem that the United
States marshal has a right to summon upon
the instant a norton OF the land or naval
forces Of the United States, without previ.
ous authority OF the President. TO enforce
the orders or precepfs Of the courts. But,
cmceding all the facts III regard 70 Judge
DurHl. the question arises. how they affect
the leg ii rights OF the parties. and the actu-
III status OF the Kellogg government
The Lynch returning board has been De.
cdtd by the Supreme Court OF the State TO
lee The legal one. and other boards. known
ia Ire w DaiJCD II. Ine l}tfeI!Gt anu Inc + tI.
man boards 20 have been without any az
th0rity whatever. Has the legal character
OF that hoard been impaired or vItated by
the illegal interference of Judge Durell! |
CcncediDg that interference 30 have been |
in every way wrongful, would il have the |
effect to vitiate the title of the Lynch re. |
farming board determined by the Su |;
rrene Court OF the State!
] think nut. \ title which the hight Sc |
legal tribunal has declared 20 be good is not |
impaired by unlawful interference. even by /
violence. i'll its support, and the case stands ,
thus: That the Circuit Court of the United |
States has uDlawfully iptertered to do Ger
tain things. which the highest tribunal 81
the State decides 20 be lawful and proper |
ia themselves. The Supreme Court of the |
State having held that tie Legislature
was the lawful one which was or.
ganized by the admission Of such
persons only as were returned by the
i.vrch board to be the elected members. is
the legality OF that organization affected by
tho fact that the Circuit Court of the !
United States interfered TO prevent the |
organization of Legislature who were not
returned as elected by the Lynch board as
E!ecte members Is the legality OF that
organization affected by the fact that the
Circuit Court of the United States inter
frred 10 pre- vent the organization ~ Leg
islature by persons who were not returned !
as elected by The Lynch board!
If an officer in the performance of his
duty were aided by mob, the performance
would not be made illegal by the presence
and cooperation OF an unlawful assem-
blage.
The Kellogg government is fact, and il
il legally sustained by the Judicial tribunals
of the State and il is in active operation i'll
all it's departments without actua! resist
auCe anywhere.
Tie McEnery government exists only on
MpE,pppv ~ s,li rl ~ m |
office under il, have never been returned as
elected by any person haviu: authority
under the laws Of Louisiana.
Every ottense complained of on either
side in this case was against the cOnstiiu-
tiOn and laws of Louisiana. and the cues.
ton now presented broadly. is whether the :
Congress of the United States shall inter
fere 10 correct violations of the laws Of the
state, and To redress wrongs iUr which re.
drts SIS i. provided by the State tribunals.
10 the report of the majority of the com. N,
mite. it is alleged that the election on the
fourth of November was so grt sSly fraudu-
lent "a to make il void: that il it had been
fair, Kellogg and other candidates on the
Republican ticket would have been elected
by large majority. Without cOncurriug
in the opinion that the election is void, | d
entertain no doubt that it was an organized
fraud of the largest dimensions. and that a
decided majority of the people of Louisiana .
EympathiZe with the Kellogg government. !
earnestly desire 10 see it maintained.
Should Congress declare that Louisiana :
has no legal State government, and provide
10y law for Il new election, il would cstab-
lish precedent for Ov6rturping State gov
ernments and setting up new ones. under !
which the government Of every State | !;
would be at the mercy of Congress az con | j.
trOlled by the passion or eX gency of parties
Deplorlng this condition OF things i'll Louisi- Il