New-York tribune., 1873-02-26
AN EyTRAORDJYARY MESSAGE

Naturally enough, the President is anxious
about the situation of affairs in Louisiana. 1t
is time he was anxious He is right in re-
minding Congress that an adjournment with
out making provision for some adjustment of
the difficulty will be likely 10 excite andprolong
the unhappy controversy which distuIbs the
peace and prostrates the business of the State.
But to make partisan appeal to Congress in
behalf of the Kellogg Government is very
doubtful proceeding. The President, IN his
message on Louisiana affairs, has not only
done this, but he has perverted facts, and has
interpolated conclusions which are wholly
irrelevant to the case Comparing the mes
sage with the accepted history of this miser-
able business, we can call the message moth
ing less than an amazing document
Attempting to elucidate the causes which
have precipitated the conflict i'll Louisiana,
the President says that these complications
are chiefly attributable to an organized at
tempt on the part of those controlling the
election returns to defeat the will of a major
ity of the electors of the State. Now, the
facts brought out by the Senate investigation
show that the case in DurelPs Court, which
is the only case of which the President can
have any official knowledge, was wholly based
on affidavits without evidence and On assump-
tions which crumbed like o rope of sand.
The men who "attempted to defeat the will
"of a majority of the electors of the Staten
were the Kellogg party, who according
to the Senate Committee utterly failed
to sustain the averments of the bill
filed in Durell's Court. When the
President essays recital of the events imme-
l. L.
He says that he declined to interfere until the
suit of Kellogg was brought in the United
States Circuit Court; that then, finding that
resistance was made to the judicial process
ain that suit,n he directed the United States
Marshal " to enforce such process and to use,
"if necessary, troops for that purpose.n This
is deplOrably inaccurate. Before Durell had
rendered any decision in the case,
and while the suit was yet pending, the United
States Marshal took possession of the State
House with two companies of U. s. Artillery,
acting under the orders of the President. This
was the first interference from Washington;
it was made at two o'clock in the morning,
Dec. @. The order of seizure was issued by
Durell OF his house, at midnight, Dec. 8; the
judicial process to which the President SAYS
resistance was made, was not issued until sew
eral days thereafter. Who offered the resist
ance of which the President speaks Not one
man.
On the question of the legality of the exist
ing Government the Senate Committee differ
with the President as widely as do the Presi-
dent and the facts. In the message it is ar
gued that the Kellogg Government is a gov
ernment de taotO-and 1--WE infer ought
therefore to be recognized The Com
mittee say the McEnery Government "more
"nearly approaches government de jure;" and
that the support given by United States troops
resulted in establishing the Kellogg Govern
ment dc Jfdcto; and that considering all the
" facts established before the Committee, there
" seems TO be no escape from the alternative
"that the McEnery Government must be
recognized by Congress, or Congress must
"provde for a reelection And yet the
President informs Congress that it is doubtful
what candidates received a majority Of the
votes actually cast!
These are some of the most obviously un-
fortunate and inaccurate statements which lie
on the surface of the Presidents extraordinary
communication to Congress. The intimation
that he will disperse the McEnery Legislature
at the point of the bayonet if Congress does not
interpose some legal obstacle must not be taken
as threat. 1t is only an advance justification