Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1874-11-14
GRANTAsDL0UIsIANA.
Judge Jere. Blacks Summing Up Of
the Constitutional Law Touching
Executive Interference.
The President Twice Wrong.

lO0e Oh Ar. heVeruy % Ouusul anu 4uf.
Charles O'Conor. on the situation OF
Louisiana; and 1 will now give you
my own views on the same subject.
But having no time for elaboration, /
state conclusions rather than argu-
ments.
The President can lawfully use the
organized physical force of the Union
TO control the internal affairs of a
State only for one purpose-to defend
itsgaiast domestic violence, that is, to
suppress instruction against the
State government. This he can not do
unless called upon by the Legislature,
or by the Governor when the Legisla-
ture is not in session. The Constitu-
ton of the United States and the acts
of Congress carefully confne his in
PREVENTION. to cases of this kind. If
he may disregard these limits there are
no others to hold him, and his power
is consequently despotic.
The State is that which stands. Its
government is 1.-THE powers that be.
Its officers are those who actually ex-
ercise its authority 1t is, therefore,
the call of the de fGctO government
that the President must respond to.
This principle pervades all law, NUM-
cipal and international, and its obser-
vance is absolutely necessary to the
preservation OF our domestic tran
guilty, as web as the peace Of the
world IF the President assists fac
ton hostile to the existing government,
with intent to drive the incumbent
magistrates from the seat of power, he
excites domestic violence and makes
instruction, instead of suppressing it.
The facts of. the Louisiana ease, as ]
think they are universally understood
since the publication Of Mr.. Carpen-
ter's report, are these A man named
Kellogg aspired to be Governor, but
wholly failed of the election Never
theless, he claimed the 5ffice on
grounds which were not only false and
fraudulent, but absurd. He had no
show of case before the proper au-
thorities, whose duty it was to decide
contested elections but he had his
claim before Federal Judge, who
made an order for his. installation.
This order was as destitute Of all legal
force or validity as if it had been
made by the first negro that Kellogg
might have picked up in the street. /
take it for granted that the Judge and
all the Federal officers, civil and mill
tary, as well as kellogg himself, knew
that il was utterly void. 1t would be
no charity TO suppose either of them
ignorant enough 10 believe that a
Judge of the United States Court had
any authority or jurisdiction OF the
subject matter, or any right whatever
to intermeddle with the business.
Nevertheless, the marshal and the
commander Of the Federal troops,
acting in pursuance of previous in
structions from Washington, and with
the appreciation of the President him
self, undertook to execute the order,
expelled the officers of the existing
government, and putth pretender and
his adherents into full possession of
the State.
Political power unlawfully obtained
isalways abused. The State was in
suited, oppressed and plundered until
Il became a yexation even to hear the
report thereof" To gorge the rapac-
ity of the rulers. property and capital
were SO burdened with taxes that a
general coniscation of every honest
mans lands, goods and money would
hardly have been a more grieyous in
Fiction. This was borne by the body
OF the people so patiently that the
spirit of their foreiathers seemed dead
within them. Their tameness was ex-
cusable only by two reasons. In the
first place a successful resistance was
imuossible while the usurper was sur
rounded and guarded by the bayonets
of the Federal army; and second,
they looked forward to the election as
peacelul remedy for their wrongs
But this last hope left them when they
saw that Kellogg was arranging the
machinery of the registration to cheat
them by a false count of the votes and
thus keep then in subsection for an in
definite time. Convinced that they
must raise By their own unassisted
strength or be forever fallen, they re
sorted to the Ultima ratio, threw off
the shackles and placed the supreme
executive power In the hands of the
man who had been legally elected
nearly two years before. Never was
revolution more just or conducted with
greater prudence. Its success. was
complete; the baseless fabric of tyran-
ny fell at the first rush Of the popular
movement its chief abscOnded, his
familiars skunk away from his ruined
fortunes, and all over the State the
official instruments Of corruption
yielded their places to the appointees
of the lawful government. Louisiana
was free and every friend of liberty
and Justice in or out of the State re-
joiced over the fact. But the Presi-
dent wrathfully determined to put the
yoke back again on the neck Of the
State. To that end he sought out
Kellogg in his hiding place; again ex-
PEELED the true Governor and again
forced the submission of the people
to the same adventurer whom he had
before.
The unconstitutional character of
the Presidents first act, when he over
threw the then existing government
and put Kellogg in the executive chair
by mere force, is admitted both by Mr.
johnson aud O'Conor 1t would have
been wonderful, indeed, if either of
them had attempted to justify so plain
and palpable violation of the funda-
mental law But they differ apparent
~ about the Presidents duty at the
time of its second intervention. con-
cur with Mr.. johnson in the opinion
that after kellogg was in the President
could not turn him out he was dc fdcto
Governor; and no matter whether he
became so by fraud, or force, or acct
dent, the fact of possession was all
that the President could lawfully see.
OF course, dissent from Mr. O'ConOr
with all the cautious Difference due to
his great name; but il be means to
say that General Grant had right to
pull down the de fdcto government of
kellogg whenever he repented his own
act in setting il up, | venture to put
in denial. Remember, the President
has no right to turn anybody out, nor
even to inquire how any actual incum-
bent got in. To overthrow one de fdctO
government because he had wrOnglully
overthrowu another would, instead of
atoning for the first error, only double
the bluder. He can not play fast aud
loose with the liberties of State. nor,
like Paraoh, let the people go free or
hold them in bondage, according as
the Lord hardens his heart or terifies
him with plaques.
But respectfully submit that this
point on which Mr.. johnson and Mr..
O'Conor divide is not in the case. Gen.