New Orleans Republican., 1873-05-25

what is the exact situation and what is the
wise thing to do No matter what situation
a man may tiDd himself in. If he is SICK or
afflicted. hungry or naked, if he is IL jail,
if he is under sentence of death, wisdom
would dictate that he should make the best
of dis unpleasant situation
THE PRESIDENT JUSTIFIED.
When Judge Durell decided which was
the legal State board, and substantially
organized the Legislature Of the State. all
of which in my judgment was done by that
iuige without the shadow of authority. the
President of the United States directed the
military authorities to execute the process
of the court. Ia my opinion the President
could not 90 otherwise. The difference be.
tweea q savage and civilized state OF lie
Is this I. one savage steals auother's pony.
savage two takes after savage one
with tomahawk and scalps him. and
retakes Ais pony. or gets scalped himself. IL
whic. case savage one retains the pony.
Ia civilized life if my friend Nh. Walker
claim. that l have taken his pony he must
bring an action at law to reclaim posses.
sion /: .he iury of the court below DE-.
eide, however erroneousiy. Or from the mos-
corrup. motives. even from downright.
bribery chat the pony IS mime. Mr.. Walk;
mus. stand it until he can get a new trial
o. ge. t... Judgment reversed by the Su.
pceI. Court on appeal or writ OF error.
During III. the delay occasioneb by this er.
rone0us decision of the court below | keep
:he pony. and be never gets it until .e sue.
ceed- in reversing the Judgment which
gave Il 10 me. Everything in this wori.: Las
its advantages and disadvantages. The d..
lay which Mr.. Walker would experience
in the case supposed is one of the :nc9ETe.
nienc. Of civilized life. and yet this is far
less incunvenient than recognition Of his
right to retake his pony by force. The
x&t. ~ :. J. r...t
exec Iti.e officer of the Uaion. He has no
authority 20 make Jaws. /: wrong Is
seen by him to exist. foc the cor.
..c.iou Of which no law la. been
passed by Congress. he can no. redress
that wrong. His duty is to take care tha:
the laws be faithfully executed. and be.
youf :hs execution OF some existing law.
the President mas no right to go even - ss.
cure III. most desirable end. The Pres.
dent m.st perform this function of cxecu-.
ing the law from Maine TO the Pacific coas..
in tii:.r..even States. to say nothing %.
the Territories. tie Iudan country and
Alaska. Il is. OF course. phys.
;ca! i:nrossib;lity that be shai! b.
IN al. places at once. and his safest and 'e'.
guide .s and always must DE. tie decisions
of the judicial courts. To say that atts:
cou:t has made decision the President Of
iii. United States may differ with that
Op.aion. reverse that decision and reuse 70
execute the process OF the court Is to trans.
fer tie judicial power of tie government
:rJn the courts 20 the President. Ile:e'
fore. IL r.v opinion. holding as DO tina. the
decision OF Judge Dure.i was wrong as
mater OF Justice, and absurd in point 0.
iurs ic..on. think the President was fully
justified. nay. absolutely compelled 10
stand .v .ha. decision until the Supreme
Lvu.t reverse it. which it will do. II NY
INV opinion. as soon as It gets the
chance. bu: until it shall be re-.
yer .et. or Congress, exercising .t.e
Political power Of the general government.
shall c.ertere n the premises, it must be
Obey.d. I. was of course impossible for the
Pres.,!en: t. know all the details OF this
case. When. subsequently,. committee ":
the Senate entered upon an investig alton ot
,t. devotins weeks TO the subject. MIR
Oova. 70 compel the attendance Of wit.
Hessea. and their examination OF oath. al.
of which !s beyond the power of the Presi.
dent. sill. this committee differed aincng
them selves as to what ought to be dole.
an; the chairman of the committee. Mr..
Morton. maintained to the last tha; tue
.u.s::ou wa. settled by the ud:c.a. dc.
claioas the President could Go Lo'h!ng
iu. respec: and enforce the degree O. t.le
C..tet: States court.
COME AGAIN TO CONG3E,,.
NV. then. what is you: remedy. ass'i'...
iu 81; the time that the case preseIsc: -
tile c9inmitte Is the truthful. one. The
committee did not terminate Its inVestlga-
zion uuti. near the close OF the last Sc s:on.
YOU know. wha: whirI always attends tte
closing hours OF Congress. Several .: the
important appropriation bills ha': nos been
deem i...i: many mos: important measures
wei. unfinished. and everything was
rrsa.ry when the Louisiana case was PIE.
seute,. ~ .hc consideration OF the Serate.
Congress will meet again On December
next: your case will be fully heard before
tha. Con gress: and now let me say to a.! O..
Won. le: ne say frat TO the Kellogg H.e L
who ;re in. and whom shal. ba very gi'n
to sc. KEEP. in. if they can be rlgntiI.ly.
an! who ,eli me that their case was not
presented fairly. indeed not presented at
nj! :. .hc committee, ''come again to Con.
yre-. with memorials and proofs: snow
if yr. can that Kellogg was elected. 10
McEae-y and his friends let ne sav .he
same thing. "COme to Congress &c the
earliest days of its next session. present
YOU: side of the case. give Us all the facts.
and i: it appears upon the fuii and :aal
examination. as Il did appear to the coI..'
,nit..c on .he examination " hich was mace
OF the ease as it was presented. that he.
logy and his associates were not elected,
an. i. can be made to appear that McEnerv
was honestly elected: or if the case shal.
show that Kellogg was not elected nni
McEac.v was elected by fraud, in my jids'
,nen. i. will be the clear duty OF Congress
s. interfere. and have no doubt Congress
wi. interfere ard order reelection.
THE DUTY OF SUBMISSION.
VIVA. Is to be done in the meantime
YOU have a summer time and harvest inter
ver!n. between now and the next session
of Congress. Kellogg and his associates
hy.f prasiIanN ct trp
United States as the de fdct0 executive and
legislative branches OF the State govern
,neu,. They are in possession and eXercis
IN. the functions of those departments
They al he supported by the President o:
the United States with the entire army OF
tine Union if necessary until Congress snail
inte: lere. The resistance to kelioggs go"
ernment. therefore. is, or very soon VIII ne
if persisted in. resistance to the govern
,uant Of the United States. Right or wgong g
elected or usurping, it is by far better tha!
the Kellogg government should be re
spectei and Obeyed until it can be regu
larir pu. aside than that blood should
dreuci! your soil and your agriculture. your
commerce, and the vast interests OF your
State be destroyed by strife.
To YOU who believe that Kellogg vas not
elected: to YOU WHO believe that the decision
Of Judge Durell was an outrage on all law
and judicial propriety. as l believe, baslng
my opinion upon the case as 1t was present
ed to the committee, this necessity of sub
mission and obedience is, as l confess
almighty provoking. But it is the case Of
a man compelled to submit to the erroneous
decision of the court below until some
higher authority can reverse 1t, ana IS lal
better than TO attempt to redress errors OF
a court OF justice by violence and assassi
nation.
VALIDITY OF DE rACTO GOVERNMENTS.
Having done everything in my power il
the Senate last winter to enforce and de