The Hillsborough recorder., 1874-10-14
New York Tribune.
RESPONSIBILITY.


was the prime nlosYa inthc Kellogg usur-
patton; that lie never followed the orlers
Of the courts, but went before them.
At tie b, ginning of December 1872,
lWafmouth being then Goyernorl. the
twa csnsssing boards. known las the
v barton and Lynch boards. had both
'becii superseded BY the pionIolgation q a
law PASSED - the previous session Of the
Legislature. uuder which The DeIeriet
board was subsequently, appointed. This.
isecording % the repprt Uf the Senate Ju-
dietary Committee, was thereafter the on
~ body competent to make legal canvass
Of the votes. WarmutI, bad called the
Legislature to meet IN extra session. Dec.
o. Thus fur there bad been no canvass of
the returns for Governor. and Darrell had
taken no action. There had been OF course
no resistance to the courts; there was no
reason 10 believe that there wonld be any /;
or daes not appear that the Marshal or u
ny other officer had asked for trunps yet
on ths Jrd OF Decem Der Att,rney General
Williams telegrphed the following extra
ordinary message 10 Marshal Packard /:
4 You are to enforce the DEGREES and man
dateslof the United States Courts, no mat
ter BY whom resisted. aud General Emory
will fufuirh you with all necessary troops
forthat pn,pure. Me Wisislns esidentl,
knew what was coming On the night of
tue 9th Of December--still 10 trouble and
no demand lur military aid--two batteries
Of the Fint Artillery we're moved into
New Orleans. On the same night Judge
Durell issued his famous midnight order.
made Illegally. out CT court. without even
the form u Judicial process. commanding
the Marhal to take possession Of the State
House aud preven, the assembling Of the
Legislature, Ian order 81 which Senator
Carpenter said. .itis impossible 10 con-
ceiye Of more irregular. illegal. mud in
every way inexeusaLle act ON the part Of a
Judge; it had no more legal effect than an
order issued BY any private citizen
In sceadsrce with this order, the troops
furnished ia advance took possession Of the
Sla.e-h house at ? o'clock IN the iuosaiDg.
and remained there under orders Of Mar
shaI Packard Cor more than six weeks.
Meanwhile THAT is 20 say IN the iih oi
Darember) ihs De Reris, board bad eau
ssssed the returns, aud declared MeEuery
aud the rest Of The Fusion ticket elected.
But Marshal psckards soldiers prevented
the Lsgislptase from sssembiirg;a second
order from Darrell. Issued Ike The frst in
open defiance Of law and equity. recognized
tie IJnch board. which had hcea legisla-
ted out n existence By the act signed the
previous November; and that board. with
no retarns in lis possession. proceeded TO
coaut IL Mr. KsilSgg on the strength Of
estimates. newspaper reports, aud forged
afIidavits While this travesty upon Re-
pnbiiesn government was enacting. Pack
ard vas Eee,ing tue Attorney General ad-
yised hy telegraph OF every step 10 the out
rage, and Collector Casey WIS telegraphing
ID rhe President The decree of Judge
Darrell. 1ifenforsej. will save The Ecpub-
lican ,najority. and give Lousianat a Re-
publican Legislature and STATE Govern.
meht.' Ufe6nne ~ was coforcei, Tie
troops had not been ordered 20 View Or
leans IL advance without n purpose.
, The Legislature created BY Darrell. aud
the lynch returning board nos impeached
Wnmosh. saspepdmg him from uiiige. and
installed llieutenant Governor Psncaback
n bis nlsce. all within few hours. IN IA
giant disregard Of the statute which pre-
scribsd ihe method af impeaehnlent; aud
Pinchback. casey. kellogg. with the rest
of the eouspiratoss. begin tetegnphinR
madly 10 Washington for further aid.
Our members are poor. says Casey, IN q
dispatch % the President. and adversaries
ave rich. and offers are made that are difi-
cut forthcm to Withstand. There fs dan
ger Mat neg WiH byek our quorum
rhe Delay ID placing troopss n disposal of
Goyernef pinchbaek, in aecordshce with
ioiut resolution Of Monday. sdisbeariening
bur friends and cheering our enemies. IL
reauisition Of f.egls!strreis complied with
the party viii bo saved ! So on The 18th
q December Mr. Williams autographed 70
pinchbaek. Letit be understood that
you are recognized ny the fresldenti anu
on the sane day be replied As fCll0ws %
the respeoifal request OF committee
headed by Governor NcEneryfor hcar-
ins Your visit with a lmdared citizens
Will be nnasailing 50 f.r as the President
i concerned. Ills decision is made and
will not DO changed.
That Is tho plain history of the Kellogg
nsurpasipn. Il was not established BY The
courts Il was seut up BY the joint action
a ne President. the Attorney General.
and tho United State, Nrsllsl. Tho pre-
tence thAt eea Grant onlJ .ehfetcsd the
decisions ola Federal judge isa dishonest
piece Of eiEron,efy. But even Il il we're
the truth instead cf false pretense u
would Be no excuse Cor him The courts
had no jurisdiction 70 determine aquestion
of this kind. They are not empovsfed 70
decide between rival State Governments. -
That Il tho duty o. tho politicsl branch.
n belOiirs 10 the President aud to Con
-. N..tt.. 80. fi.fax al the crave