New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-05
The Louisiana Complication.

The Chicago Tribune misrepresents the
President OF course, this IS nothing new
for it to do, but it adopts the faulty and ao-
surd arguments of the Citizens committee
OF Louisiana as its own, and attempts 10
show that Judge Durell had no more llght
to interfere in the trouble in Louisiana than
Judge Carter of the District of Column ola,
has to canvass the returns of the presiden1,,
tial election The action of Judge Durell
is widely misunderstood, but it seems I'M
posi- ole that such nonsense should OBTAIN
sober consideration. Relief was not sought
in the United States court at first, ana
Judge Durell in his decision was but giving
force and effect to prior decision OF the
Supreme Court of the State. But there can
be no doubt that the enforcement act gave
the United States court jurisdiction over
the troubles there from the first Under
that act Governor Warmoth could have
been arrested and punished.
One section provides that II any person
''WhOse duty it is to perform any duty IN re-
lation TO such registration or election, or 10
ascertain. announce or declare the result
thereof, or give or make any certificate,
document or evidence in relation thereto,
shall knowingly neglect orretuse perform
any duty required by law" he shall be
deemed guilty of a crime, and shall be ia
BILE to prosecution and punishment, ETC.
Other parts OF the act referred to give the
United States Court jurisdiction; but TINS
does not matter at present We again cali
attention TO the tact that no proceedings
were had in the federal court until after
the State courts had been treated % :" ar
moth with supreme contempt. 1t seems
superhuous to again go over this matter, oht
let it be briefly stated.
When WarmOth removed the secretary OF
State who was by law member OF the re-
turning board, and appointed Wharton N
his place, and when Wharton and War
moth, after filling up the board by the APP
pointment of Hatch and DaPonte, pro
Ceeded to canvass the votes. an application
was made to the judge Of tie Eighth Dis
trict State Court by the proper authority,
and their proceedings were perpetuaiiy
enioined. Thereupon Warmoth forcibly
elected this Judge from his Office and IN
stalled a man in his place. Proceedings
were then had in the Supreme Court OF the
State, which decided that this change of
Judges was illegal. Warmoth treated this
decision with the same disdain as the other,
and proceeded without any hesitation to do
that which the highest authority known TO
the State had decided to be unlawful.
Suit was then brought on the equity side of
the United States District Court against
him, and an injunction obtained, but he
treated this as coOlly, and disregarded it as
completely as the rest. Was 1t not high
this lawless brawler? Instructions were
given to the United States marshal to en-
force this decree, and he did it. In the
meantime the body that had been held by
both the State courts to be legal canvassing
board had made their returns, and the Leg
islature had convened. The latter organ
ization proceeded to impeach Warmoth.
and pending his trial, by virtue of the State
the duties of the executive
Office devolyed upon the Lieutenant Cover
nor. This was Pinchback. The Legisla-
ture also made a formal demand upon the
President, under article four and section
four of the constitution. to protect the State
from domestic violence. What could the
President do but respond to this appeal |
The constitutiousof the United States de-
clares that the government shall protect |
each State against invasion: and on appli- |
cation of the Legislature, or of the Execu-
tive when the Legislature can not be con-
veEed against domestic violence"
There was no middEe course. The Presi- |
dent must recognize one of the bodies there. |
and how could he better decide than to |
take that which, had been formally ac-
as the legal one by district |
court of the State, by the Supreme Court of |
the State and by the District Court OF the |
United States We are amazed at the |
ignorance that is displayed, and the mis- |
representations that are made regarding |
this matter Even in closing the editorial |
that we have noticed, the Tribune gravely |
announces that the constitution expressly |
forbids the general government from in |
terfering in the domestic concerns of a |
State unless upon the request OF tee Legis-
lature, charmingly obliviOus OF the fact that |
precisely this request had been made in |
this instance. What new complications |
have, or may.arise there, we know not, but |
we rest fully assured that the President |
will honestly ard tearlessly discharge his |
duty, as it is given him to see it, without |
fear or favor