The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1873-01-15
VOL - ALEXANDRIA, LA, WEDNESDAY, JANUARY Is 1873 }N
}N0. %.

whether the canvass was according to
law and the finding according to fact.
The enforcement act gave kellogg this
remedy, and his right to use it could
not have been impaired By any act on
the part of the canvassng board. Why
did not Judge Durell wait till the mat
ter in controversy had reached the
stage that would have rendered it
properly subject to judicial cognizance9
The only reason which the facts sug-
|gest is that he sat on the bench not as
an impartial judge, but rather as a
politician, a partisan, indeed, con-
spirator, allied with certain class Of
men, and with them planning to do
certain t!ing-claimipg a Jurisdiction
which the law did not give him, and
enforcing it by Federal power against
the rights of the State Of Louisiana.
We are as far as possible from hav-
ing any sympathy with Warmoth or
his gang of plunderers. We believe
them capable Of almost any wrong; yet
if Judge Durell's action, under the
twenty third section of the enforce
ment act be correct, then Congress
should lose no time in modifying the
section or, totally repeating it. The
kellogg Dmell board of canvassers
was practically appointed by this usur-
ping judge against the provisions con-
tanned in the laws Of Louisiana; and,
if the results are to be maintained, then
the local government of that State will
have been revolutonized by the ACES,
ton of a Federal judge. If this may
be done once, it may lie done twice or
any number Of times. According to
this construction, the twenty third Sec
ton Of the enforcement act is incon-
sistent with State rights, and ought
not to be left on the statute book Of
the nation for an hour. We do not
believe. that the fault in this case is
in the law; but rather in the usurpa-
ton of Judge Durell, for which Meth
er sthe vIlainy of Warmoth not the
state of things in Louisiana can fur
nlsl' any apology. We reason in TO-
gard to the act just as we would If tho
State of New York or Massachusetts,
had been its theatre.
When judges on tho bench abuse
their powers, and go unpunishea there
for, then the safety of our political
system is assaifed at it's most vital
point. When Federal judges are per-
mltted to invade the rights of State Of
fciais, and arrest them in the exercise
of their authority, the State rights are
III Imminent peril. The precedent set
in Louisiana is an exceedingly bad
one, and it should be SO thoroughly re-
buked that it will not be repeated. 1t
10, ~ luSe, tHo ONGttHFOW OF State
Government BY the interference of
Federal officers. and no party zeal
should defend it for a moment. The
at stake is one of the highest
consequence to the whole country.-
The question now is not one of parties;
not who is the best or the worst man.
Warmoth or Kellogg; not whether
Kellogg or McEnery was actually cleo
ted by the people; not whether gross
frauds were perpetrated by both of the
factions; but whether tho
government of State
shall, in the time of peace, be subvert-
ed by Federal power. This is the
grave question which the Warmotb-
Kellogg controversy has launched up
IN the public. We have sustained the
enforcement act of Congress yet, if in
is administration it is to carry with it
ncli a result as that which has recent
y been achieved in Louisiana, tleu
ct it be repealed, Or SO modified rs to
make a similar result impossible in the
New York Tndoua,J,,e ~