New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-09-25

no more legal effect than an order issued by
"any private citizen In accordance with
this order, the troops furnished in advance
took possession of the State-house at o'clock
in the morning, and remained there under
orders of Marshal Packard for more than six
weeks. Meanwhile chat is to say on the 4th
of December) the De Ferret board had can
vassed the returns, and declared McEnery and
the rest of the Fusion ticket elected. But
Marshal Packard's soldiers prevented the
Legislature from assembling second order
from Durell, issued like the first In open
defiance of law and equity, recognized the
Lynch board, which had been legislated out
of existence by the act signed the previous
November and that board, with no returns
in its possession, proceeded to count in MIR.
Kellogg on the strength of estimates, news
paper reports, and forged affidavits. While
this travesty upon republican government was
enacting, Packard was keeping the Attorney
General advised by telegraph of every step In
the outrage. and Collector Casey was tele-
graphing to the President, "The decree LOT
Judge Durell], if enforced, wiH sare the
d" Republican majority, and give Louisiana a
Z" Republican Legislature and State Gorern-
"inent.n OF course it was enforced. The
troops had not been ordered to New-Orleans
in advance without purpose.
The Legislature created by Dureu and the
Lynch returning board now impeached War
moth, suspended him from Office, and installed
Lieutenant Governor Pinchback in his place.
all within few hours, in fragrant disregard
of the statute which prescribed the method of
IL hhan oil
with the rest of the conspirators, began tele-
graphing madly to Washington for further aid
"Our members are poor says Casey, In dis
patch to the President, "and adversaries are
erich, and offers are made that are difficult
"for them to withstand. There is danger that
"they ,uiH break our quorum. The delay in
"placing troops at disposal OF Governor Pinch
"back, in accordance with joint resolution OF
MONDAY, is disheartening our friends and
Cheering our enemies If requisition OF Leg
"islature is complied with the party will be
"savedn SO on the 18th of December MIR.
Williams telegraphed to Pinchback, "Let 1t
"be understood that you are recognized by the
PRESIDENT" and on the same day he replied
as follows to the respectful request of COM
mittee headed by Governor McEnery for
hearing: 1 our VlSlI WIFI u Huuuicu OiOi|oho
"will be unavailing so far as the President Is
concerned His decision is made and will not
"be changed
That is the plain history of the Kellogg
usurpation. 1t was not established by the
courts; it was set up by the joint action OF
the President the Attorney General, and the
United States Marshal. The pretense that
Gen. Grant only enforced the decisions OF
Federal judge is dishonest piece of effrontery.
But even if it were the truth instead of a false
pretense it would be no excuse for him. The
courts had no jurisdiction to determine a
question of this kind. They are not en-
powered to decide between rival State Gov
ernments. That is the duty of the political
branch. 1t belongs to the President and to
Congress. Neither can throw off the grave
responsibility which it imposes upon them.
Neither can be acquitted of the crime-far
greater than the offense of the drunken par
tisan Durell-which has reduced Louisiana to
the abiect and hopeless misery in which she
lies to-day.