The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-09
WA SHINCTON.
The Presidents Opinions OH the
Louisiana Question.
A RETREAT FROM RESPONSIBILITY.
Movements Of the Political
Forces in the Field.


WASHINGTON, Feb 8, 1874.
The Presidents Opinions on the Louisi-
ann Muddie-Tho Senate's Diiatoriness
in Meeting the Questionable Points
Three Ways for Congress Out OF the
Dihculty-The Proposed New judicial
Observation-Disclosures Next Move.
1t is conceded now by the Presidents most init
mate advisers on political matters that he has at
last begun to appreciate the motives and iegerde-
main OF the republican members OF both houses on
the Louisiana question. He frequently remarks
that 1t seems to him that in the debate on this
question, and in other actions, they are all anxious
to unload themselves OF any responsibility in the
matter. by shielding themselves behind an &C
acknowledgement OF the Presidents power in the
premises, and tacit concession OF the Justification
OF Executive interference In the interest Of peace
and order In Louisiana, but at the same
time disclaimng any acceptance OF the
validity OF the decision and orders
OF Judge Dureli or responsibility for the charac-
ter OF the Kellogg government. In the recent in
terview with Senator McMlen, OF Louisiana, the
President said Congress might do one of three
things :-"First-Pass joint resolution endorsing
the Executives action IN his recognition OF the
Kellogg State government, which would end the
controversy and pacfy the public mind, as was
done IN the Dorr case: for II they do not believe
that the Executive action was warranted by the
facts 1t is their duty to recognize the McEnery gov
ernment and Will execute their wishes, as | do
not make law. l simply execute it, and believe
Congress should act one way Or the other on the
facts presented in my Message and relieve me
OF furtber responsibility. SecOnd-If they wanted
the cOnstitutonality OF the Enforcement act
tested and the true facts OF the Louisiana question
given to the country, let them pass an act OF Con-
gress authorizing the Circuit Judge (Mr. Woods) OF
n w n of I'M
that either party could appeal to the Supreme
Court. and further directing that Court to give
priority 10 the adjudication OF this over ali
others, which would finally determine the great
question as to the power of the federal Courts to
intervene In State contested elections in the man
ner prescribed by the Enforcement act 1t is con-
coded now that in chancery an introductory
order Is without an appeal, and final determine
ton OF such proceedings is at the will OF the Chan
cellor. Therefore when the Supreme Court was
applied to for writ Of prohibition and certt0rayi
by the McEnery party the Court could not grant
1t for the reason that there was complete record
to make up a case which could be passed on by the
Appellate Court. Hence the legislation now
sought would be absolutely necessary to reach
such cases as are presented in the Louisiana con.
troversy. Third-The impeachment and convic-
ton OF Durell would determine the motives,
whether corrupt or otherwise, which actuated this
decision in the Kellogg case, as well as fix for the
future the jurisdiction and power Of the Court AS
the Executive oath leaves no discretion with him
in the execution Of the judgments Of the Court,
under the federal laws, this course would prove
valuable to future Presidents II called upon to deal
with like difficulties" General McMillen was much
pleased at the candor and earnestness of the Pres
Id ent In the discussion of the Louisiana question,
and really believes that, If the President was I'M
trammeled. he would undo the wrong that tho
State is now suffering from and afford the relief
as General McMen holds that 1t Is the duty of
Congress TO act upon 1t Immediately by the passage
OF new Election bill.
Colonel Carter left direct for New Orleans on
Saturday as special envoy OF Pnchback, with
written instructions to meet the emergencies
arising in the Pinchback case, and before long it is
understood that Plnchback will make some new
moves on the Senatorial chessboard. His adver-
saries are also much exercised over the mission
OF ex-Speaker Carter to louisiana Senator West
Is actively standing by the fortunes Of
Pinchback. who, he believes. will yet be seated
in the Senate. Marshal Packard, the Mephis-
topheles of the federal ring, has telegraphed his
departure from New Orleans for this city in the In
terest Of the Dure-Keogg enormities and against
the passage of the Morey District Court bills, as
his ices will be greatly reduced by the division Of
his district, inasmuch as the mileage derived from
serving writs in the country parishes Is immense.
He is expected to arrive in this city tomorrow or
Tuesday next, and the Louisiana politicians are
much concerned as to his attitude on the sltua-
ton, as it is said ne has strong hold the afec-
lions OF the President, who has always resoIutely
stood up against pressure looking to his removal.
The House Judiciary Committee have taken
the necessary steps for the immediate
printing OF the testimony taken in the Durell i'm
VIII will In Ito
light the notorious and fragrant proceedings Of the
Bankrupt Court, and make many officials quake
when the public understand how and by whom
they have been swindled. 1t is understood that
parties in the interest OF Durell hope by pro-
crastnaton to stave or impeachment, and they
are making all sorts OF promises to this committee
to induce them to certify that the only error Of
Durel lies In the order Of Durell and not in the
corruption carried out in the proceedings OF the
Bankrupt Court. This ruse Is too weakly conceived
to deceive either the committee or Congress.
The bill OF Morey, dividing Louisiana into two
district courts. has already brought out numerous
candidates for the coming judgeships. most
prominent among whom are Judge Pardee, who Is
supported by Messrs. Sheldon and Sypher and
Hunt, supported by Governor Kellogg and many
OF the New Orleans Bar For the Red River dis
trict the most prominen: candidate is Mr.. John
Ray, who was elected by the Kellogg Legislature
for the short term, but was not admitted to the
United States Senate previous to Ptnchback's
application for seat under the long term. Some
who pretend to be well informed say that the
President will give this judgeshp to Brigader
General Commssary Beck with, who has been the
brains of the Kellogg usurpation in louisiana
although Ray will have the support of the Loui
siana delegation in Congress, as he has been long
in public life in that state, and was Union man
during the war.
will Congress Adjourn i'm May:
Mr.. Dawes has been waited on by dozen or
more leading republican Representatives and in
formed that IL he desires the good Of the party he
Will speedily introduce resolution fixing day in
May for the adjournment Of the session sine de-
lie has promised to comply with their request.
Proposed Telegraph Lines Connecting
the Posts Along the Indian Frontier.
The Committee on Indian Affairs OF the House Of
representatives have made q favorable report on
bill tn prOyide the hotter protoction of the