The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-03-01

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OF preVi0ns c0nditionOf s~erEitude, and
suits IN equity dRciUery, o. IN aid of
those rights of ~action; would come with
in the jurisdiCtiOnsof the Circuit Court
| Of the United States, among which
would bea suit toperpetuate testimony,
but the p~retense that in order to pcrpet-
uate testimony, the court could go be-
yond the natural, reasonable jurisdic-
ton, to decide who constituted the legal.
returning board under thelaws of Lou
isiana, and enforce the rights of such
as it might determine to Remembers Of
that board, and to eniOin others who
were not, is without any foundation III
law or logic.
In the Antoine case Judge Durell not
only assumed to determine who c0nsti-
tuted the legal returning board, but to
prescribe who should be permitted to
take part in the organization of the
Legislature, and to enjOin all persons
from taking part in the organization
who were not returned by the Lynch
hoard as elected, and this assumption OF
jurisdiction was made in the face Of the
express provision in the act of 1870, that
its benefits should not extend to candi-
dates for electors for Congress, OF for
the State Legislature.
His order issued in the Kellogg case to
the United States marshal, to take pos
session of the State House for the pur-
pose OF preventing unlawful assem-
blages, under which the marshal called
to his aid q portion OF the army of the
United States as q posse cOnitatus, can
only be characterized as a gross uslr-
patton.
Of the Presidents action, Mr.. Nor
ton says it was-nOt for the United States
marshal or for the President to review
the decisions and order OF Judge Durell
and determine whether he hadexceeded
his jurisdiction. o..
By the tenth section of the act of
1870, under which Durell had assumed
jurisdiction i'll the case, it is declared to
be the duty of all maPshals and deputy
marshals to aid and execute all war
fantseand pleceptS issued under the pro
visions OF this act when to them direct
ed, and they shall have authority to
summon and call to their aid the. by
ISLANDERS or posse cOmitatuses OF the
proper county Oh such portion of the
land or naval fOrcesOf the United States
or OF the militia, IT'S may be necessary
to the performance Of the duty with
which they are charged, and under this
authority the United States marshal
called upon the General in command of
the United States troops at New Or
leans tor a detachment to aid him IN
the enforcement of the orders and de-
cree of the court, which demand was
complied with.
The constitution e~njOins the Presi-
dent to take care that thelawsare faith
fully executed and this involves the
enforcement of the orders. DEGREES and
judgments of the courts Of the United
States. BY the provisions of the act of
1870, 1t would seem that the United
States marshal has a right to summon
upon the instant a portion of the land
or naval forces of the United States.
without previous authority ofthe Pres
ldent, to~enfOrce the orders or precepts
Of the courts. But cOnceding all the
facts III regard to Judge Dureu, the
question arises, how they affect the le-
gal rights of all the parties, and the ae-
tuai status OF the Kellogg govern
ment?
The Lynch returning board has been
decided by the Supreme Court of the
State to be the legal one, and other
boards, known as the Wharton, the De-
Ferret and the FOrman boards, to have
been without any athority whatever.
Has the legal character of that board
been impaired Or Initiated by the illegal
interference OF Judge Dnrell? Con
ced1ng that interference to have been
IN every way wrongful, would it have
the effect to vitiate the title Of the Lynch
returning board as determined by the
Supreme Court of the State
think not. Atitle which the high
est legal tribunal has declared to he
good is not impaired by unlawful in
reference, even by violence in it's sun
port, and the case stands thus: That
the Circuit Court OF the United States
has unLaWfully interfered to do certain
things, which the highest tribunal of
the State decides to be lawful and Dron-
er in themselves. The Supreme Cont
of the State having held that the Leg
lslatule was the lawful one which was
FOrganiZed by the admission of such ner-
sons only as were returned by the
Lynch BOARD to be the elected members,
10 the legality Of that organization
affected by the fact that the Circuit
Court OF the United States interfered
t0, prevent the organization of ,a.Lee-
1sIatui9 who were not returned as elect
eddy the Lynch board as elected mem
bersy Is the legality Of that OT,caniza-
FtiOn affected by the faetthat the Or
cult Court of the United States inter
tered to prevent the organization of a
Legislature by persons who were not
returned selected by the Lynch board :
1t an officer in the performance of his
duty were aided by mob, the perfOr-
nance would not be made Illegal bv
the presence and cooperation of an
unlawful assemblage. 49,
me Kellogg government is a fact.
and1t is legally sustained by the iudi,
clal tribunals of the State, and in ac-
TIVE operation in all it's departments
without actual resistance anywhere.
The McEnery government exists only
on paper. McEnery and. all those
claiming office under it, have W
been returned as elected by any Der.
son having authority under the laws of
Louisiana. .'--~ -
Every offence complained of ON either
side in this case, was against The
constitution and laws of Louisiana. and
the question now presented broadly. ia
whether the Congress of the Tinted
States shall interfere to correct viola
tons Of the laws of the State, and to
redress wrongs for which redress IS
provided by the State tribunals.
an the report Of the majority of the,
committee 1t Is alleged that the cleo
ton on the fourth of November was 80
grossly fraudulent as to make it void !.
That 1t it had been fair, Kellogg and
other candidates on the Republican,
ticket would have been elected hV n
large majority. Without eoncurrinS in
the opinion that the election is void. I
entertain no doubt that it was an Or
canned fraud OF the largest dimensions,
and that q decided majority of the peo7
pie OF Louisiana sympathize with the
Kellogg government, earnestly desire
to see it maintained,
Should Congress declare that LOuisi-
ananas no1egal State government, and