The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-31
The Rights Of Citizens of louisiana
Under the Constitution and 0ur
Treaty Obligations with France.
A Republican Form Of Government
Guaranteed in Each Case.
The Ethics Of Congressional
Interference.
II the People Arc Not Permitted TO Re-
dress Their Own Grievances Con-
gross Must DO II.
WASHINGTON, Jan. %, 1874.

10 THE EDTOR OF THE HRRALD:-
As one of the representatives at Washing
ton OF the Peoples Convention held at New
Orleans on November "A and o5 1873. i desire
70 submit to you a few remarks relative TO the
'Louisiana case" now pending before the United
States Senate.
I need not repeat here che revolving story Of the
outrages perpetrated upon peaceable and inOf-
1ensive people by reckless horde OF adventurers.
VINO have succeeded In pr0stituting the judicial
and military power Of the federal government to
the shameful WORK Of deying every sense Of politi-
cal and moral decency, and violating every princ-
pie OF representative government. 1t Ia an old
story now, and may have lost the spice OF novelty
for indifferent hearers, but 1t is living and gall
Ing reality to the people OF louisiana and the out
RACES inflicted upon them year ago still rankle
In their hearts and Cypress them In their daily life
and domestic concerns.
A GROSS, PALPABI.E, AND CORRUPT USURPATlON
has been fastened upon the State OF Louisiana and
Is still nurtured and upheld there by the federal
authorities, ana we are gravey told that there is
no redress Tor us. We have been for more than
year in the humiliatng attitude Of applicants Tor
few crumbs OF justice. We have absrained from
incorporate complaint; we have asked less than
We are entitled tO-less even than should have
been accorded to us, freely and spontaneously,
without any urgent demands on our part; and
now, after more than year Of patient and hope
full waiting, misunderstanding all attempts on the
part of the people of the State TO right their
wrongs themselves by an appeal to force, we are
informed that it is too late: that the authors Of
our troubles have earned goOd title TO liper-
ties by one years prescription, and that, If we
wait patiently for three years longer, we may per-
haps obtain the officers Of our choice at the next
general election.
will Vha
liberties OF peOpef Is it mockery or is it con-
tempt? Have the taxpayers OF Louisiana and
those in whom the love OF republican institutions
has not yet been entirely crushed out by oppres
sion no rights which the federal government Is
bound to respect7 They expect of us. their dele
gates, not to falter for an instant IN demanding
Tor them recognition OF their right to repubi-
can and representative government and not to
fail to Undue the mind OF the whole country, II pos
stble with due sense OF the justice OF their cause
and we fully Intend to agitate the matter until the
Presidential election OF 1876 unless we shall be
disarmed by the extension to US OF some satlsIac-
tory relief
THE OTHER STATES OF THIS UNION ARE AS MUCH
INTERESTED AS Is LOUISIANA
In obtaining from Congress and from the dominant
party which controls that body deliberate and
authoritative declaration whether, should usurpa-
ton attempt to crush out their liberties, they
must look to some other tribunal TO some other
political party to protect them from oppression.
We have presented petition to Congress invoking
the solemn guarantee contained in section 4 Of
article or the cOnstitdti0n-namey, that the
United States shall guarantee to every state OF
this Union republican form OF government-but
% yet no response has been made to our appeal
We shall present another petition to Congress-
asking 1t to fulfil the obligation imposed upon il
by
THE THIRD ARTICLE OF THE TREATY WITH FRANCE
OF 1903,
which declares that "the Inhabitants OF the coded
Territory Louislana) SHAH be Incorporated in the
Union of the United States and admitted as soon
% possible, according to the principles OF the
federal constitution, to the enjoyment Of all the
rights, advantages and immunties OF citizens OF
the Unite0 States"
IL 1t one OF the rights" OF citizens OF the United
States to be despoled Of their liberties by gang OF
political sc0undres, encouraged and sustained by
the federal governments Is it one OF the "advan-
tages OF citizens OF the United States to be allowed
TO 60 through the forms OF an election only 20 be
cheated out OF the fruits OF their victory by federal
Interference? Is it one OF the ''immunities'' OF
citizens OF the United States to be bound hand and
foot, in the presence Of gross usurpaop, and pre-
vented, under the weak pretence OF the preserva-
tlon OF the peace, from saving their liberties and
their property from sponation? Or is this definition
OF the rights, advantages and immunties OF citi-
Eens OF the Uniten States' applicable only to Loul
sianap
The writings OF JEFFERSON Madison. Hamilton,
Calhoun and Story unhesitatingW assert the right
OF Congress to intervene in the affairs OF State
for the purpose Of putting down gross usurpa-
zion, and It does not lie in the mouth Of republi-
can Congress to deny this right. The reconstruc-
uOn acts were based upon
TEE THEORY THAT THE FUNCTIONS OF REPUBLICAN
GOVERNMENT WERE SUSPENDED
IN the Southern States during and as an erect Of
the war; and that therefore Congress had the right
20 establish republican governments in those
States. II that theory was correct why has Con-
gress not at present the same right to organic
ana establish republican government IN the State
Of Louisiana! There is not in actual existence in
that State any government that Is in the least de-
gree entitled TO recognition by Congress. Sen
ator Morton seeks to sustain the Kellogg govern
ment upon the ground that the courts of Louisiana
have recognized It's legality, but there is no force
whatever in this argument. 1t is well settled
axiom in political jurisprudence that the OF
State must necessarily recognize any de facto
government existing therein, for the simple reason
that otherwise they would be driven to the suicidal
alternative Of denying the very authority by virtue
OF which they continue their own existence. And
celebrated case of Luther VS.. Borden Il Howard,
~, used the following language upon this very
point -"f IL decide at all as court 1t necessarily
afirms the existence and authority Of the govern
ment under which 1t is exercising judicial power"
The question is not judicial In its nature. it is po-
htical, and the Supreme Court, in the case Just
cited, held that
THE RECOGNITION OF THE RIGHrFUL GOVERNMENT
OF STATE WHERE RIVAL ESTABLISHMENTS
lie
SECoNDLY AND FINALLY WITH CONGRESS.
Ii inc Executive errs 1t is the duty OF Congress
TO correct his error The President temporarily
recognized the Kellogg government, but subse-
quent developments have shown conclusiyely that
It Is not the rightiul government of Louisiana and
that the McEnery government is. But the Nc.
Emery government and Legislature were scattered
and dispersed by federal interference, and If Con-
gress will not recognize them, as it certainly
Should tits at least bound to provide for the State
OF Louisiana government republican in form and
character either by Teconstructjng thu Stato or