New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-02-21
ANARCHY IN LOUISIANA.
,pqrrR FROM THE HON. RANDALL L.
GIBSON. ......

.,,vD THAN A CONTINUANCE OF THE PRESENT
sT,Tx OF AFFAIRS WITHOUT A NEW ELEcrIoN'
20 me Bditor Of The TrfbSns
SIN. observe much opposition to Congress
sioua legislation providing for holding new r,"
election ia this State, upon the ground Una. -,
establishing precedent fatal TO all munclpai hoeiS
under our system OF government But 'n,s 70 W.;
ope-sided statement of the issue. Already 'uo
Government through the action oil the 'uuioi"' DI
ment sustained by the Executive mas SCI "p ~
dent winch in my humble judgment IL P'r"u''eu "
49,, lin mora thoroughly revolutonize our Whoie
svster than the legislation TO secure an cleo
lion in this State. The precedent they es,aousheu "u
which threatens to become permanent Is simply this
That one OF several candidates Tor the "oVernorshp
~ state may by Of an er pdrfe nterlocutofy
- Of limited States Judge, invoke the and OF the
MILITARY forces and with them seize upon the sta'e
House the records and archives expe the Governor
install egslture which shall III turn proclaim nIn
20 he the Governor of the State and themselves TO con
stute the General Assembly in violation OF the laws
of the State aud without receiving counting or pre-
tending 20 canvass the official and legal returns or votes
from one single polling precinct in the State. And this
precisely the mode by which the present Governor
and State officers secured their places in this State
Here Is the famous order
rScT o. EaS% r kellogg at
he rsA distinctions Of proceedings and uer to
prevent violation Of The orders Of thus Court 70 ee M w,b o5
ss uHs States ar ibt Dstc Of Io1ns toisih take
= the stat House M the assembling Legislature therein 10 the
saf hold .Ss same 'TS 'Ss mirage therein
ads ra,c authority eane by virtue 81 p119Sa
p su veca restraining order bat the aars s d .s
tn idsp Of Of persoas entitled TO
This order was made at the private lodgings OF the
J1dee g. H. Durell about midnight on the 9TH Of De-
cemer and the state House seized about two hours
after before daylight on the morning of the 9th OF
December 1873 oy Capt r. H. Jackson of the LIST Artil-
lcry who testified follows before the Senate CON-
miitee:
O When did you 60 Sewonsi On the night ofthe 9th Of
DI you GO there your company A. went there With Two
o D VOC Ee possession Mechanics Institute used as State
O a. think o'clock tue morning Of the
Tt order. Sssi To s, take possession Of
o Uuiled states MARSHALL A. Yes. sr.
Now while the state House in their possession by
seizure Clnvassng Board proceeded TO proclaim GER
tain persons members OF the General Assembly OF the
state and the plaintiff In the bill in chancery. Governor
OF tho State The President OF tins very Canvassng
Board summoned before the Senate Committee testified
rs follows;
Do have S return, S Nor , JSs s S, qss ,.,a sf
o Ind To1 ba1e aay at ais A. No. Sir do we
Official furnished Of the laws Of
o Tieu there were official rargsi A. Yes, Sir
O Tleyw ere NJ before yOuf A. No. Sir.
You counted votes your poed ALL
o You estimated then upon you thought
on be whole pretty correct
Here then is a state Government. set up as said. by
the Judicial and Executive Departments OF the Federal
Governments General Assembly constituted, and
Governor nstalled-hedged about by bayOnets and set
over people without reference TO the votes cast by
them IN the recent election and who claim that they
entitled under form of government to elect their
state officers. This singular creation is before you and
upOn u.s. and must be dealt with Congress cannot re-
main indif rent neutral, for it Is the offspring OF
Federal Intervention. The Judicial aud Executive De-
partmens OF the Federal Government have committed
the whole Government TO this matter. The Executive
Department has indeed referred the questions involved
to Congress for superior and final determination for the
President failed that the Executive recog
milton and support only DO provisional. Hence his
shall place the seal of legitimacy
upon trans action, dispose of it in
accordance with the laws of the land.
How shall Congress deal with it, II foreign zoe had
seized upon the Government OF this State, know
what the response would be- If a domestic instruction
had thrown up chief, who had seized upon the Gov
ernmcnt, We can well imagine how swift and complete
the remedy. But when the usurpation has been COM
passed by judiciary of the country, State House
brought into court. may well be at loss to deter
mine the mode and measures OF relief. Yet
say tuat there should be relief from such wrong
under institutions for this would be TO confess that
state Governments might DO conducted IN times OF
peace by the people through elections. but by the
ridges OF courts TO acknowledge in a word the utter
failure of republican government, which rests upon the
dogma that the people shall govern themselves.
Hence the question appears 10 be, Shall Congress re-
cognze the existing State Government organized by
Judge without jurisdiction. and by canvassing board
without ballots and proclaim the precedent presented
by uf In answering this question: our reply Is mar
rowed by the prevailing issue. We throw out OF consd
Grafton the Government that overturned by the
nteroeuory order and which for nearly four years had
been recognized aud supported by all the departments
of the Federal Government We throw out the fact that
this Government had Its possession the legal and Off
nd hat hey had canyagSpQ
Board recognized by the then Governor and that the
opponents of the present Governor and State officers in
accordance with the laws were only declared to have
received majority Of the votes actually cast and TO
have been elected And as appears that the action OF
Congress be limited TO recognition of the present
State Government or election, the decision either
way unquestonably establishes precedent. Which
shall we. choosei
What would the good people Of Connecticut say II the
opponent Of Gov. Ingerso at the next election in that
Commonwealth, should procure order from United
States Judge seizng the State House, and dsregardng
thereturns ride into office bill in chancery 1anked
by Federal bayonetsf What would the faculty and |
students of my venerable and cherished Alma Mater
witnesses Of the deed-say If they told that there
was no remedyl And if they were advised by the At |
torneyGeneral OF the United States that ii was useless
10 protest and by their Senators and Representatives in
Congress That they might better quietly submit, that
they ought insist upon the undoing Of what has
been done or a election by Federal Intervention
that at State election held under the usurpers
they could dispace them-would they regard all this
the merest moekery3
Now II this precedent be confirmed, is It likely that
the very men, who sought and hold their offices by viz
tue OF this startling process will hereafter secure
In power, adopt measures TO procure, that will per-
NIT fair elections in this statei Why already these
49,. A. l., 49,