The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-03-12
Que 9aiIg Arsns.
wednesday,, March u, 1878.
THE LOUISIANA GOVERNMENT.

politics of that State. The President
states the case TO be That Judge Durell,
NJ the United States Court, made deci-
sion: that the Marshal reported that the
decree might be resisted, and he was
therefore authorized 70 use the United
States troops TO execute the decree that
Judge Durelrs action was
confirmed by the District and Supreme
Courts Of the State, and the President
has continued to uphold and maintain the
Kellogg Government, and will continue TO
do so unless Congress shall otherwise direct;
The President shields his interference and
the emplovucnt OF the troops behind Du-
rell's order, and finds yindication OF the
act in what he calls the subsequent Judg-
ments of the State courts. The country
has lust had the report Of committee OF
seven Republican Senators, each Of them
a LAWYER, They declare that the inter
ference by the President and the action Of
Judge Durcll were without the slightest
legal authority. They say that Durelrs
orders we're rank usurpations, and that the
military might be used as legally to seize
the Capitol at Washington as i was TO Gu
force the execution Of DureH 5 decrees'
But Mr. Morton, one member oil ING CON
mittee, falls back upon the so-called -decl-
sion of the State court as reason why
the Kellogg Government should be sus-
tanned and the President in his message,
adopts Mr.. Norton theory as the only es-
cape from responsibility on his part. How
far this theory Of Mr. Morton and the
President is justified by the facts can be
determined by etinvestigation
In his report, Mr. Morton thus speaks Of
Judge Durell's proceedings:
TN.t@.. sFttf 10 a.. fs
cult Court of United States. cannot be justified
or defended He grossly exceeded his jurisdiction,
and assumed the exercise O powers to which he
u suit 10 perpetuate testimony the court could 90
beyond the natural and reasonable Jurisdiction 70
decide who constituted the legal Returning Board
under the laws Of Louisiana and 10 enforce the
rights OF such as II might determine 10 he members
without any foundation IN law or logic. His
order issued in tho Kellogg case, to the United
States Marshal 70 take possession Of the state
House for the purpose OF preventing unlawful
zemhlaEc-. under which the Marshal called 20 his
aid portion Of thu army oi the United States a.
posse coU'itltas, can only be characterized a.
gross u-urpatiou.
The statement by Mr.. Morton as 10 the
character Of Durelrs judicial conduct. is OF
itself complete reiutation of the theory
repeated in the Presidents message as 10
action of the State courts II must be re
membered that there was State Govern.
g., the probable result of the election was
ascertained. resort was had {, Durell who,
10 his dishonor, became a party TO the
most disgracelul judicial act known in our
history He, as Mr. Morton says, in def.
ance Of law and logic, took jurisdiction
of the question as % which body of men
claiming to be the legal CanyasSing Board I
should exercise that duty. He decided
that the man named Lynch and his asso-
ciates should canvass aud proclaim the re
suit that the persons who should he
declared By the Lynch Board To be mem
bers of the Legislature, and no others,
should act as such that Warmoth and all
Others should not canvas, the returns nor
declare any persons elected that all persons
claiming N be a Legislature other than
those declared by Lynch should be arrest
ed for contempt Lynch and his associ-
ates, who never had any official returns of
the election before them, made out re-
port declaring Kellogg 20 have been elect
cd Governor, and also declared long list
of persons elected to the Legislature.
Durell then issued an order IN employ the
military to seize the State House. and adj
NIT M one not declared 10 have been
elected by the Lynch Board The Legs
lature thus elected as Mr.. Morton SAYS.
by the judicial usurpation Of Judge Du-
rell impeached the Governor. and ,u,-
pended him. and declared Pirchback to hc
acting Governor IL then abolished the
state District Court IN order ~ get rid Of
the Judge IL created another District
Court 10 which pinchback appointed
Hawkins. one of the Lynch Cauvassiug
Board o. Judge and this Judge llaw-
kius, thus appointed rs % consequence ot
the original usurpatiou Of Durcli, Is the
state Court, whose decision affirming the
legality Of Kellogg election. of Pinch
back Goycmorship, and his own appoint
mGnt, is claimed by Mr. Morton and the
President a. u judicial determination of
the question that is conclusive upon Con
gres-, even in the matter OF the election of
Senators.
Nor does this thing end there. There
was a vacancy on Supreme Court Bench.
and this was filed by Pinchback, who ap-
pointed one Morgan, Judge This Court.
which was at any moment a. liable tn be
mpcached and suspended by the Leg.la-
turc us was the Governor -hs.-teuel at
an early day, through Collector Casey. u
inform the President that it would uphold
the election Of the Republican ticket, in a
mere collateral issue, - which no person
interested was a party, decided that Nor.
gan was legally appointed by Pinchback
and it is this decision Of q Supreme Cour
thus constituted, existing by the mere suf
ference Of the Legislature, that one Of it.
own members was legally appointed,whicl
the President and Mr. Morton insist is con
elusive upon Congress and cannot be i'm
yestgated by any human authority. Thi
procession OF events in Louisiana NAV b,
thus stated Durell orders that Lynch
declare who il elected Governor and Leg
stature the Lynch Legislature depose
the Governor and installs Pinchback tn,
Legislature and Pinchbaek abolish the
District Court, and create new one
Piuchback makes one Of the Lynch Board
Judge this Judge declares the Lerisla
ture and Pinchhack legal
The answer b. this Is, that if Durcll wa
the lmpJstOr aud usurper that Mortol
represents him 10 be, and the whole fabri
Of the Kellogg Government rests upon hi
original gross usurpation, does not tn
whole fraud from beginning IN end faI
with the indignant rebuke and overwhelm
ing Judgment Of the Senate, and Of ever
court and lawyer in the land?
Can a Judge decree q title 10 propert
without having jurisdiction in the ease
Can man holding title from a pretende
judgment by n pretended court maintai
the same against all the world. because
upder the same decree, he was constituted
by the same Judge, the exclusive arbitC
Of his own claim Is there no remed
for a conceded fraud and usurpation BY
Judge and must his decree, issued upo
an .er-porto statement, forever renal
binding upon all persons interested an
upon the country, b. the disgrace and di,
honor Of Republican government? Tn
fraudulent character Of the Duren decree
and consequently Of all the proceedinr
based thereon, is attested by the leg
opinion and Senatorial Judgment Of sue
Senator'S as Carpenter, Logan, Anthem
Hill Trumbull and Alcorn. Political
these Senators may be regarded as in
way inimical 10 the success Of the Rcpu
lican party but the case in Louisiai
was too fragrant b admit Of any extenu
ton or apology. II is one vast fraud, al
they propose that il be cast aside, and tn
provision be made for an honest and ia
election. - Chicago Tribune.
|
President Grant said in his inaugur