The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-02
Reliance Upon a Corrupt
State Judiciary.
Correspondence Between Don Carlos
and His Friends in Cuba.
The REPEAL or THE PRE-EMPTl0N LAWS.
The Rebel and Radical Compo-
nents of Congress.

May Dictate n Judicial Decision Of the
Election Question.
In opposition to a new election in Louisiana
Senator Morton tomorrow proposes to refer the
matter to the Supreme Court OF the State. to de-
eide questions OF title to olce and alleges that
in this there is a sufficient corrective and
resort for the evils complained OF IN the
present State government To show that this
Is an inadequate remedy, he will remind the Senate
that under article 81 OF the constitution OF
Louisiana the Legislature can, by vote, without
trial and without charges, turn the Judges OF the
Supreme Court out OF Office whenever their de-
clsious shall displease the General Assemby-in
other words, the Supreme Court, the tribunal re-
lied upon by Mr.. Morton to adjust upon
equitable terms the conflicting interests
OF the State at issue, Is the creature
and perfectly at the mercy OF the de acto Legisa-
ture, one Of the parties litigant in the present i'm
bro0lio, and said Court for the purposes proposed
Is utterly worthless and unreliable. Again, Mr..
Morton will allege that the election Of the General
Assembly in November next will solve the polit-
ical difficulties OF Louisiana, by afford
ing the people an opportunity to elect
General Assembly that will represent
their views. This proposition is regarded by those
familiar with Louisiana politics as a delusion and
sham, inasmuch as Governor Kellogg, under the
Registration and removes them at pleasure, and
appoints also the police juries of the several
parishes or counties, who in turn designate
the judges OF election, and thus Kellogg
controls the whole election machinery OF
the State, and can control in perpetuity
under the existing law the election OF the General
Assembly, so that neither the Supreme Court nor
new election under the supervision Of the de tocto
government would furnish remedy for existing
evils or secure a fair expression Of the popular
will. Evidently the only help for the people
Of Louisiana Is from without, as, if
evils and wrongs have originated under
federal statute and by force foreign
and outside State authorities, the only remedy for
the present exceptional and deplorabe state of
AFFAIRS is to be found in federal intervention in
the interest OF the people OF the STATE, so as
not to establish new government, but to enable
the people to establish by ballots a govern.
mont that shall represent fairly majority OF
the su1ragists Of the State. 10 this complexion
the matter has come. Congress must remit &C
cording to the constitution the question of State
government to the constituents interested, else
assume the responsibility Of fatherlng the Louisi-
ana mOnstrOsity and thus fostering villany that
will destroy the republican party If it does not
established precedent strike down the integrity
Of our institutions.
Ele ction Under Congressional Decree
Let the People Of the State Right Their
Own Wrongs.
Ex-Governor Hebert, of Louisiana, who is now
m Washington as the representative OF the levee
interests OF Louisiana ana the Mississippi Valley
has written letter to Senator Bayard, OF Della
ware, deprecating Congressional interference in
the affairs OF Louisiana Alter briefly reciting the
wrongs imposed upon the people Of his State in
the name OF so-caed political liberty, he says-'A
Jew election cannot right any OF the wrongs CON-
planned of. There is no doubt that great outrage
was committed in the judicial proceedings by
which the present government OF Louisi-
sna was installed, but what is now pro.
posed is for Congress to commit another
wrong and convulse the State with new
election. This is grave proposition, seriously
Affecting the rights Of all the States under the con-
stitution. While 1t might accomplish an end or
temporary expediency, 1t would set a precedent
under which elections in the States could con.
stantly be meddled with by Congress. Cui bono?
Examine the practical results Of this legislation
An election, II ordered now, could not well take
place before the month Of June-at season of
crisis in crops and at a time when thousands of
white people leave the State The constitution OF
Louisiana provides for a new election in November
Of the members Of the Legislature. The old one
adjourns on the 4th OF March, If there are wrongs
to right the people OF Louisiana can
right them under their own constitution and
laws in November, which will answer all the prac-
teal purposes Of an election in May or June under
. Congressional interference. II Governor Kel-
iogg has, in the Judgment of the people, behaved
Improperly, the constitution OF the State author.
lies majority OF the House of Representatives to
impeach and suspend him from ofice, and so with
the other State Offices. All the grievances com.
planned OF can be settled under the State consti-
tuition, without involving the dangerous and ex-
pensive means Of q new election ordered by Con-
gress. nave presented you these views as demo-
crat, native and citizen OF Louisiana, deeply
interested In her prosperity and welfare. l know
the interests OF my State cannot be promoted at
this juncture by interference by Congress in
orders for new election"
Judge Dureli Importuned to Resign and
Save the Party.
1t is understood that Senators Morton and West
nave on behalf Of the President, written letter to
Judge Durell urging him to tender his resignation
1t once and relieve the republican party Of
the odium which is being daily heaped
upon it by the revival OF the fame
or his scandalous conduct in establishing
the Kellogg government in Louisiana. E. E. Nor
ton, the universal assignee in bankruptcy under
Durell, and by his appointment, will not consent
10 resignation unless he can control the success
SION, and threatens damaging developments In
case the impeachment investigation proceeds.
II Judge not IN harmony with Norton should be
appointed, multiplied suits against Norton for ex-
tertlon, fraud and damages would be instituted,
ana MS hl-gotten gains OF million or
more as assignee IN bankruptcy would
be dissipated in adverse judgments and
costs. Duren stands firm because Norton dies
hard pretty pass is this, that great party has
Its integrity threatened and its success jeopardized
by the selfish diplomacy OF OF its corrupt mem.
bere. IL can De stated That he President Will not,
under any consideration, accede to daI.
lance with the truculent Assignee in Bank.
ruptcy, either as to the question Of resignation
or succession. 1t is credibly reported that Cen.
era Butler says that Durell, the catspaw used
by Kellogg, in establishing the usurpation known
as the Ge dcto government, must bear the blame or
the monkey that used him. in other words. the