The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1874-10-24
LAWYERS DIFFER As WELL As
DOCTORS

1t may be very true that "there
nothing new under the SUM- but TO get
at the truth of what there is beneath the
great luminary, is a matter frequently OF
the greatest difficulty. One would think
that when two or three gentle
men of powerful intellects, and
acknowledged legal ability were
gathered together to discuss the
pros and cons of any great and important
question, some definite and satisfactory
solution would be dcduCed. But such Is
not always the case, and more particular
Is has it failed in the case of MCENERY
Is. KELLOGG in Louisiana.
Hon. REvERDr JoHNsOS, Of Mary
land, a gentleman whose reputation as a
lawyer is world wide; CHARLES OCoNoR,
of New York, the acknowledged leader
of the bar in the United States, and Hon.
JEREMIAH 5. BLACK of Pennsylvania who
also bears a brilliant legal reputation, hay
ing formerly acquitted himself with dis
tinction in the office Of Attorney
General of the United States, have all
three been having legal discussion on
this question, with the following results:
First, Mr.. JOHNSON holds that the
President was wrong in recognizing
KELLOGG ut all; but having done So, he
was bound to maintain his position, and
continue his recognition until the legal
gubernatorial term had expired. In this
opinion he, in brief, holds to the identhut
mistake once made should be maintain
81 ever afterwards.
Second, Mr.. O CONOR agrees with Mr..
JOHNSON in holding that the President
did wrong in the first instance, but he
differs with him after this, I" toto. he
holds that a mistake once made should be
corrected as speedily rs possible; that the
President could ut any time have rem
edied the evil he had inflicted upon the
Louisianians, and more particularly
when McENERY had acquired the posi-
ton of Governor by complete rcvolu-
ton, that this opportunity should have
been made available. In this, he adj ,
vocatcs that two wrongs can never make !
a right.
THird, Judge BLACK differs with both !
Mr.. JOHNSON and Mr.. OCONOR. He Is
very bold, and says that at no time, had
the President any right to re-
cognizc KELLOGG; that the cleo
ton which was claimed for
him. was manifestly absurd and
fraudulent; and that the peoples submis-
sion could only be justified on two
Grounds; that resistance against strong
armed force would have been folly, and
they had hopes that peaceful election
would rid them of their troubles.
But when they saw the KELLOGG ma
chincry put into play to dcfraud them OF
this, they were perfectly right in their
course. His opinion though, is differ
ent from Nr. OCoNoR'S in this; that the
President could not, at any time, interfere
toupSct the ne focto Government of NELL
oGG; but that the u>urpcr having been
dcthronrd. and having abandoned his
office to MCENERY. then the latter becam"
Governor both de j,lrc and Dr. .facto, and
the President was again guilty of Il great
wrong in ovcrthrowing him.
This was the position, exactly which
Governor MCENERY assumed. Though
these gentlemen all differ, on certain
points, yet it is II notable fact that they
All agree that the President was wrong
in his prime move, and it must be graf
living to Governor MCENERY and his
friends throughout the Union. to>cc that
they have decidedly the weight Of law on
their side, as well as that their course has
received the appreciation of the people Of
West Virginia, Ohio and Indiana already,
AMI probably will he still further en-
dorScd on the Sd of November. The
opinion which is given most explicitly
and unhesitatingly in their favor, coming
from Judge BLACK, one of PennSylva-
MAS most learned sons, will, we trust,
exert powerful influence for good i'll
that STATE, at the approaching election.