New-York tribune., 1873-02-27

" order issued by any other private citizen
The usirpation thus begun was maintained by
military force. The persons declared elected
by tho De Feriet retaining board were ex-
cluded by the troops from the possession OF
their Offices the Legislature was prevented
from assembling by sentines standing Mt the
doors of the chambers with crossed bayonets;
and Mr.. Kellogg and bis associates were in
stalled in power by the soldiers, ut the bid
ding Of Judge Durel and the President, upon
the certificates of the Lynch returning board,
of which the report says
"There ~ nothing In all the comedy OF blunders and
frauds under consideration indefensblo than the
pretended canvass OF this board. The following are
some of the objections tho validity of their proceed
lurs: l. Tho board had been abolished by the act OF
Nov %: O. Tho board under valid and existing IN
functions restraining 1t from acting at ALL ana an njuhc
ton In tho Arinstead restraining IL from making
any not based upon tAe omctal returns
OF the election; 3. Conoedng the Board was In
existence and had full authority to canvass tho returns
it had no returns TO canvass II was testified De-
fore your Committee by Mr.. Boyee himself who partic
pated In this canvass by the Lynch Board that they
were determined TO have Republican Legislature ana
mado their CANVASS to that ond. The testimony sbund
antly establishes tho fraudulent character OF their can
yass In some cases they had what were supposed to DO
nothing newspaper statements. and In other cases
where they had nothing whatever to act pon they made
an estimate. based upon thcrtnowedge of the political
complexion OF tho parish OF what tho vote ought ~ have
beon. They also counted large number OF aAdayits
purportng to by voters who had been wrong
fully denied registration or the right TO vote, many Of
which adavits they must have known to be forgcries
1t was testified by witness that ho forged over
thousand afidavits and delivered them to tho Lynch
board while il was in session"
This WAS the fragd which Judge Durel and
the army forced upon the people of Louisiana.
"But for the interference of Judge Durel in
the matter of this State election. a matter
"wholly beyond his jurisdiction, the McEnery
Government would to-day have been the de
" frot0 Government of the State" The Com
mittee seem to entertain no doubt that an
honest count of the votes actually cast would
have shown the McEnery party to be elected,
although there was doubtless great deal of
cheating on both sides during the election.
The Kellogg Government, at all events, cannot
be sustained without violating every principle of
law and justice. IF the support of the troops
"wore withdrawn" said Mr. Carpenter the
other day in debate, cit would not stand ten
"minutes" The only question upon which
Congress can fairly hesitate is whether the
McEnery Legislature shall be recognized by
the admission of the Senator whom it has ChO
sen, or Mr.. Carpenters bill shall be passed,
ordering new election on the ground that
the election of last November was void on ac
count of fraud.
One of these two courses should certainly be
adopted before the session closes. The Presi
dent calls upon Congress to decide. He gives
fair notice that if he be left to himself he
shall persevere in his usurping course, and not
only continue to recognize Kellogg. but use
the military power to "put an end to the un-
happy controversy" On the other hand. the
action of McEnery in calling out the State
Militia, and thus assuming the gravest duty of
Governor, indicates the determination of his
supporters sharply to contest their rights.
McEnery declares that he will sustain himself
by the Militia the President is ready to do as
much for Kellogg with United States troops.
This is civil war We have a right to de-
mand that the National Legislature shall
deliver us from this danger. The course
which we judge most prudent and most equita-
bic is to recognize the government which has
been shown by the Senate Investigation to
possess certificates OF election from the only
legal returning board, and to have received a
majority of the votes actually cast We do
not believe Congress ought to go behind these
facts, and resort to the doubtful and danger
Gus expedient of ordering new election.