The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1874-10-11

ne might refused his AID. Ana unless,
wen such second application was made,
| General Grant still labored under his
original and erroneous opinion that Kellogg
was duly elected he ought to have 40 re-
fused. Kellogg, to be sure, was ousted by
| force from State office, into which he had
been indicted by the President, in the ex-
ercise of constitutional power; and the
employ ment of that force was a breach OF
peace. But it was the peace of the good
people OF Louisiana that was broken. No
| law of the Union was infringed or con
| tembed. The extreme violence which &C
| compaDied Penn's revolutionary movement
| may have been an evil example. One OF
| the most ancient and valuable laws which
the wisdom of their English ancestors
transmitted to the American colonies is
that which forbids the lawful owner of
lands to GUST with u strong hand a mul
titude of people !" the trespasser who, by
long possession or otherwise, has clothed
himself with a color of right. This was
precisely the condition of the usurper Kel-
tain in any judicial tribunal having cog
nizance in the case that their act was not
an offence. But, "a before stated, their
offence was against the laws of Louisiana
only. Tho President had no right of au
thority to interfere on that ground. He is
not the Republics general custOs mormin ;
nor is he authorized to correct by armed
force all violations of good manners, occur.
ring within particular State.
1t is quite certain that if, from any cause,
kellogg had been provep'ed from applying
for aid the President would have possessed
no legal warrant to justify his Interference.
Had be CALAMITY confronted his opponents
and fallen in the vindication of his cause
the President might in like manner have
been left without authority. This should
suffice to refute the idea that there is de-
volved by the constitution on the Federal
government duty to intervene for the
suppression of evil examples in contempt
of State laws.
After the custer of kellogg by Penn the
application of the former to the President
presented merely renewal of the same
precise question which arose upon the first
dispute. e, was Kellogg the duly elected
Governor of Louisiana7 II he was duly
state him; otherwise not. If General
Grant still labored under his original deu-
sion on the subject his interference was
consistent with conscience, and, go far,
morally just. But this would not prove
that he was officially justiGabe. A Presi-
dent cannot wage war against lawfully
elected State government and secure an
exemption from censure simply pleading
as bar to inquiry that his intentions were
pure. Official duty involves a RESPONSE
bility for the correctness of all the officers
acts. The censure, if any, due to official
interposition against the right, in such a
case as the present, may depend on great
variety of circumstances. The degree of
attention given by the officer to the inquiry
in hand, his apparent motives, and any
difficulty or doubt attending the question
involved, might serve to inculpate him,
extenuate his fault, or wholly to excuse it.
The view taken by the President on KEEL
logg's first application could furnish no
reason for similar course on the second.
However his original decision might con-
troll others, it was in no degree obligatory
upon himself. Individual consistency, in
official opinion or action, is not to be main
tanned at the expense of rectitude and JUS
tice. The pride Of an executive chief
might stimulate him to desire such a power.
The servility which would accord it was
prevalent in degenerate Rome when that 30
called Republic was tottering to its fall
under the despotism of the Caesars. We
must hope that it has not yet become
Presidents original interference in Kel-
logg's favor have even more reason for
his recent interpretation. 1t is,
at least, equally ceDsurable. Having had
more time and opportunity to ascertain |
facts and to consider the question his last |
act must be regarded as, if possible, less |
sxcusahle than the first.
The desire that Kellogg may resign aud |
submit to fair election is amiabls; but
surely no one can seriously entertain q |
nope to that effect. There seems, indeed,
'ome' reason to expect that 80 many other
State officials may resign as to reduce the
personnel of the Kellogg government to one
solitary persons. e., the Governor him
'elf; and it has been suggested that in
Iuch an event the President would have no
power to supply the necessary corps of
officials. He would, indeed, have no right
% supply Them. bat, in fact and without
light, they could be supplied by Kellogg.
The PreRdeDt wOuld then Doaseaa the sama |
power to recognize by his
mere sic colo and thus practically to vail
late that made.up government which he
las already twice exercised to enthrone the
surper. The only hope I can perceive for
louisiana is that the popular will of the
ountry, speaking through it's efficient
rgau, the independent press, may prevail
pom the President to reconsider his
curse. Removing the impression that he
3 without power to correct his own mis-
axes is the first essential step to that de-
irable end.
l am dear sir. with rreat resnecE vonr