Montgomery County sentinel., 1874-10-30

the supreme executive power in the hands
of the man who had been legally elected
nearly two years before. Never was
revolution more just or conducted with
greater prudence Its success was com
plete; the bascless fabric of tyranny fell
at thesfrst rush of popular movement; ITS
chief absconded, his familiars slunk away
from his ruined fortunes, and all over
the State the official instruments Of cor
ruption yielded their places to the APP
pontces of the lawful government Lou
isiana was free and every friend Of liberty
and Justice in or out of the State reioiced
over the fact But the President was
determined to put the yoke back again
on the people of the State. To that end
he sought out Kellogg in his hiding
place; again expelled the true Governor
and again forced the submission of the
people to the same adventurer whom be
had aided before
"The unconstitutional character Of the
Presidents first act, when he ovcrthrew
the then existing government and put
Kellogg in the executive chair by mere
force, is admitted both by Mr.. johnson
and Mr.. O'Conor It would have been
wonderful, indeed if either of them had
attempted to justify so plain and palpa-
bic violation of the fundamental law
But they differ apparently about the
Presidents duty at the time Of his second
intervention / concur with Mr. John
son il the opinion that after Kellogg
was III the President could not turn him
out; he was dc fdcto Governor; and no
matter whether he became so by fraud,
or force, or accident, the fact of posses
sion was all that the President could
lawfully see.
"Ofcoursc, I dissent from Mr. O'Con-
nor with all the cautious Difference due
to his great name; but if he means to
say that General Grant had a right to
pull down the de fdcfo government of
kellogg whenever he repentcd his own
act in setting it up, | venture to put in a
denial. Remember, the president has
no right to turn anybody out, nor even
to inquire how any actual incumbent got
in. To overthrow one de fdcto govern
mcnt because he had wrongfuly over
thrown another, would, instead of atom
ing for the first error, only double the
blundcr. He cannot play fast and loose
with the liberties of State, nor, like
Pharoah. let the people go free or hold
them in bondage according as the lord
hardens his heart or terriies him with
plaques.
"But I respectfully submit that this
point on which Mr.. johnson and Mr..
OConor divide is not in the case. Gen.
Grant never INTERVIEWED to protect ne
facto government in Louisiana His last
act, like the first one, was y war against
the existing authorities. Kellogg never
had any title except his naked possession
That was enough while it lasted but
every vostige of power had left him when
the federal troops took him from his hid
ing place in the custom-bouse and placed
him second time in the executive chair.
The McEncry government was at that
time as completely established as if its
power had dated a century back It was
the government DE jure. That did not
do it much practical good while its Off
GERS were prevented by the military force
of the usurper from exercising their fuuc-
tions; but when the people took their
business into their own hands and put
their elected rulers into their proper pla-
ces, then the legal title and tile actual
possession united in the same persons. -
1t is mere folly to say that Kellogg was
Governor an instant after that The
forcible reinstatement of him vas an in
surrection against the proper authority
of the State as much as his first INSTALL
mcnt.
"If am right thus far it follows that
Gen. Grant on both occasions committed
grave violation of his constitutional
duty, in matter vitally affecting the
rights of the States and the liberties Of
the people OF his conduct there can
certainly be no decent protense Of iusti-
fcation, and, so far as can perceive. no
reasonable excuse, unless he can say that
his legal advisers imposed upon him by
a false reading Of the constitution" +"