The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-10-20
THE LOUISIANA CASE.
Kr,1,oaGs GOVERNMENT NEVER
coNsTrTUrIoNALLY REcoG-
MED BY TUE -.',
PRESIDENT.
sCATHING REBUKE OF The
EXECUTIVE ACTION.
New YORK. October ~, 1874.

James Gordon Bennett, ESQ.,:
Dear Sir.-Allhough you do not. in askin!
me TO exoress ms views Of the late proceed
ings in reference 10 the government OF beui
.iana. represent any private or personal 10
,ereSt such as the opinions Of counsei art
usually sought for, I recognize It as dut.
sometimes incumbent on the members OF my
nrofsssion to form and express opinions or
nphlic questions arising out of pubic events
I wilI therefore, make 4 CAREFUL statement o
yh,t understand 70 be public and we'll
known facts, aud will make such comment:
an Them as seem to me to be sound.
Tn 1872 there were two factions aiming
RI control and possess the government Of
Louisiana. A State election was held IN the
e,rly part of November Of that year, al
which kellogg on the one side and McEneIy
on the other claim to have been elected GC'
vernon: and there were two rival bodies
claiming TO have been elected as the Legisia-
inre. Under the Constitution of the State
the returns of The election should have been
| made 10 the Secretary Of State, and should
baye been delivered by him to the Speaker OF
the House of Representatives to be opened,
examined. and counted by the General AS
s,mblv. and the result declared. But by
legislation which disregarded this provi-
sion Of The Constitution the returns were
| directed to be made TO the Governor. and
| to be opened and canvassed in the pre-
sence of board designated by that legls-
lation, OF which board the Governor
was to be member. Under this legislation
| there arose two cor flcting boards, known IS
the " Warmoth" and the Lynch " boards,
each claiming TO be the proper board to open
and count the votes and declare the result.
The then Governor acknowledgement to
one of these boards, before which be pre-
scented and opened tue returns that be mad
received under the law. Under subsequent
legislation still auo>ller board arose, called
the .'De Ferret Board" Warmoth then
laid the returns before this latter board,
which canvassed them. and declared that
McEnery was elected Governor, and that
certain persons named we're elected men,
bers of the Legislature. Prior to this both
the "Warmoth" and the "Lynch' board
were enjoined from acting bp Il State court.
On the 10th OF November Kellogg, fearing
that McEnery would be declared Governor
through the action OF Warmoth, exhibited
bill in equity in the Circuit Court OF the
United States for the District OF Louisiana
against Warmoth, McEnerys and the OIL
cal paper of the State In this suit Judge
Durcll granted an order enjoining Warmolh
from exhibiting or cauvas>ing the votes to
or before any board excepting the Lynch !"
board, and enjoining McEneTy from aching
or claiming to act az Governor under any
certificate emanating from the " Warmoth I"
board. The order was served by the
marshal on the 17th of November.
1t was disregarded, and on the 10th,
Kellogg having made affidavit before Judge
Durcl! that Warmoth and the other dc
PENDANTS were acting in contempt and def
auce of the court, they were summoned to
show cause why they should not be pun
ished. At this juncture Warmoth as Cover
nor approved the law which brought into
existence tue "De FERRET" board, already
mentioned, which law had not Until then
received his signature. Having thus crea!ed
new board, Walm0th caused 1t TO make
canvass OF The votes for members Of the
Legislature, and then as Governor pro-
claimed that certain persons had been elected.
judge Durcil lieu issued al order III the
Kellogg suit commanding the mars bal forth
with TO take possession OF the State-h0uSe
| and TO prevent the assembling therein Of
| the persons proclaimed by Warmoth to have
| hern elected members of the Legislature.
| The President OF the United States there.
upon ordered Federal troops to support the
marshal in the execution of this order, and
these troops of the Uuitcd States took pos.
session of the Statc-hOuSe and held 1t Tor
several weeks, closing all the entrances but
one. at which Scntinels were posted day and
| night. with fixed bayonc.s. In the mean
| time the "Lynch" board OF clnvaS eTs
proceeded upon such evidence as they could
obtain, consisting chiefly Of forged atlldavltS,
| to make pretended canvass Of the votes OF
| the election, and declared Kellogg to have
| been elected Governor, and that certain other
persons bad been elected members OF The
| lie. stature. After this, aud while The fedc.
| raj troops were still holding the Statc-hou>e,
| c. G. Antonio, on The It'll OF December, in
| another suit in equity commenced by him
| before the same Judge Durell, obtained from
| that Judge au injunctlou-order restraining the
| assembling ard organization OF the Legisia.
ture proclaimed by Warmoth TO have been
elected, and restraining all persons from pre-
venting or hindering the organic ,tion and as.
semb!iug ofthe Legislature proclaimed by the
"Ivuch" board to have been elCcted-to-
wit, the Kellogg Legislature. 1t was III this
| way that the so-called Kellogg government
became established in possession.
The Constitution of the United States,
article w., section 4, makes the following
provision: 1.-THE United States Shall guar
antec to every State in this Union repuoll-
can form of government, and sba protect
| each of them against invasion and, on dpph-
cation of the Legislature, or OF the Erecu.
| tire (,chen the Legislature cannot De con-
penedD, Goatnst domestic Violence"
That the trainers Of the Constitution IL.
tended by the clause marked III italics to pro.
vide 3 power external to every State by
| which the Government of the State can be
protected from every form Of violent over
| throw of its authority arising within the
| State itself, whether the inSurrectiUn compre-
bends majority or minority Of the lnhabl.
tants, may be assumed to be true. Such a
provision necessarily implies, also, that the
power which is to afford the protection mus!
decide what is the lawful and riehtful gov.
ernment which it is to protect against
domestic violence" IL reference to the
exercise of this power, the following may be
regarded as settled principles of constitu
tional law:
First. That the determination of the question
what government is to he regarded US the lawful
and r!gh,ful government OF the state, when thu
Federal power is appealed to to affort It's protec
| Federal Government.
Second.-That the pol itical department of Tit
| Federal government Is congress.
Tnird.-'rhat In providing the means by which
this protective power is to be exercised Congress
may delegate TO the President The decision Of III
question what governm ent is the lawful and right
Jul government Of state entitled 10 be protected
FourtR.-That Congress having by law mace |
the duty Of the President to respond 10 such appu
cations for protection rests with the President Il
decide what body OF men is the Legislature an,
who Is the Governor before he can perform tina
| duty.
| Fifh.--That when, for The purpose of answering
any particular call on the Pres idcnt 10 eXcrcls
this power, he has decided what body Of men Is III
Legislature and who is the Governor he has actet
| for that one EFFICIENCY. aud for that eXigencY hi