New-York tribune., 1874-09-18

ntery ew last night we have carefully considered the
subject informally discussed, and have concluded
address you writing protesting that there ooes
not now exist in the State of louisiana any In
surrection against the government OF McEuery,
that there is not In any part OF the state
Of Louisiana any assemblage OF aggregation
Of insurgents disperse and that the people OF Lou
siana are peaceaby at their respective aoohes ana
quietly pursuing their usual avocatoDs under the pro
lection Of the law that there Is no trace or vestge ~
naming Of the late usurpation OF which VIM Pit ke'
logg was the head, and there is bnt ono Government
in existence In the State OF Louisiana. whicn
is the Government elected and chosen py
the people IN November. 1872, and legally instahed
In 1879 of which John McEnery is Governor and ID Is
Penn Lieutenant Governor. In all the parishes ana
throughout the State OF Louisiana this Government
recognized and is supported, and adhered to and
respected and obeyed by the people, and is both dc ~
aud Jaeto Government Of the State OF louisiana
In possession the actual exercise OF all govern
mental functions. That II We are compelled Dy the
military force OF the United States, which we nave
neither the power nor the inclination to resist, IS
retire FROM and 10 abandon the governmental power
and authority rghtfully and in fact vested In us IN
respective capacities there is no Government OF the
State which take place; and that 1t VIII be nec
essary, in form, aud by some instrumentanty 10
infuse life into the eectuay dead and extinct usurping
Government OF which VIM. p. Kellogg was head ana
chief, under the assumed title Of Governor.
nevertheless, having Deen luiOrmeu Ny Jou 'n"' a"
alternative was left to US but to comply Immediately
with the proclamation Of the President OF the date of
Sept u.s. 1874 subject ourselves and our people to the
actual exercise OF military force, which means war
the part Of the Government against State ana the
people Of that State exhibiting armed opposition ana
hostility to the Government of the United States We
invite your attention law and the terms of the proc
amaton Of the President. BY Article OF the Cens1n-
ton OF the United States it is declared that the United
States SHALL application OF the Legislature etc. or
the Executive etc. protect each State against domestic
violence part Of the authority which this article I'm
posed upon the United States-whieh means necessarily
entire Goyernmenwas imposed upon the President
the head Of the Government by the act OF Congress
OF Feb. 2S 1895 tatues at large, vol 494) You will
perceive that while the Constitution ARTICLE IV) is
guarantee by the United States to each State against
domecc violence the Act Of Congress restricts Execu'
tive interference in which there is an nsurrec
ton in against the government thereof One OF
the Prerequisites is application TO the Presdent Dy
tho Executive when the Legislature cannot be
convened The Act Of March 3, 1870 (Sec. !,
Statutes at Large VOL H. p 4S authorizes the Presi-
dent to employ part of the land and naval force OF
the United States shall be judged necessary TO sup
press insurrection State against the government
thereof having first observed all the prerequisites OF
the law.
Now, II any such application was made by William
Pitt Kellogg. he not the Governor Of louisiana On
Monday, Sept IA, 1874 he left the State House, and
retired to Custom-House where he is now and has
been continuously since Monday, and at O'Clock on
Tuesday the State House in the possession OF the
present existing Government. In order that there
should be an insurreeton in State against the Gov
ernmeDt thereof, there must be Government against
which opposition and insurrection laid, which is not
true now and has not been true In Louisiana
at any time since o'clock Tuesday, Sept. Is, 1874.
But when all the other conditions exist before the
President can employ any part Of the land naval
forces he must by proclamation, command the insur-
gents to dsperse, and to return peaceably to their
respective abodes within limited time. The procams
ton has been issued aud the time has been limited TO
five days.
No@ we protest that this proclamation does not apply
10 us or people of louisiana But even in acase
where the necessary conditions exist nsurrection in
a State against the Government thereof and proper
application the President he cannot employ any part
of the land or naval force until the expiration OF
the time limited by him in his proclamation.
We distinctly announce to you, that In any
movement you may make TO suppress our Government,
there SHALL in case, be nterposed armed or forc
BILE resistance part TO the military forces Of the
United States under your command. We will occupy
the State House, and other State property in this city,
until the appearance and occupation Of the by the
authorities of the Government OF the United States
when we shall retire, knowing We have surrendered the
same alone TO the Government OF the United States.
JOHN MCENERY, Governor.
d. B. PENN, Lieut. Governor