The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1874-09-29

Citizen" In accordance with this order
the troops furnished in advance tool
possession Of the State Honse al 2 o'clocl
In the morning, and remained there undel
orders ol Marshal Packard for more thar
six weeks. Meanwhile THAT Is TO say OF
the 4th Of DeOember) the De Feriet board
had canyASsed the returns, and declared
McEneryaHd the rest Of the Fusion ticket
elected. But Marshal Packard's
soldiers prevented the Legislature
from assembling; q second order
from Durell, issued like the first In open
defiance oi law and equity, recognized
the Lynch board, which has been legis-
lated out OF existence by the act signed
the previous November and that board,
with no returns in It's possession, proceed.
cd 10 count In Mr.. Kellogg on the
strength Of estimates, newspaper reports,
and forged affldavits. While thip trsvesty
upon republican government was enact.
Ing, Packard was keeping the Attorney
General advised by telegraph Of every step
In the outrage, and Collector Casey was
telegraphing to the President, "The de.
cree ot Judge Durrelll, ifiniorced, oi!l
sape @ Republican majority, and oiue
LOuisiGnGa Republican Legislature and
State Government" OF course It was en-.
forced. The troops had not been ordered
10 New Orleans In advance without Q
purpose.
The Legislature created by Durell and
The Lynch returning board now i'm
peached Warmoth, suspended him from
Office, and installed LieuEenantG Governor
Pinchback IN his place, all within few
hours, in fsgrant disregard oi thestatute
which prescribed the method Of impeach.
ment; and Pinchback, Casey, Kellogg,
with the rest Of the conspirators, began
telegraphing msdly TO Washington for
further aid. "0ur members are poor,".I
says Casey tn q dispatch to the Pres
ident, "and sdversRries are rich, and
Golfers are made that are difficult for
"them to Withstand. There is danger that
"ttey tolH break our quorum. The delay
"ln placing troops at disposal oil Governor
"Pinchback, in accordance with Joint res
solution Of Monday, is disheartening our
friends and cheering our enemies. II
"requisltion OF Legislature is complied
HWiIh the party will be saved" So on
the 18th ofDeccmbcr MIR. Williams tel
egraphed 10 Pinchback. "Let It be under
"stood that you are recognized by the
"President;" and on the same day he re-
piled as follows to the respectful request
OF committee headed by Governor Nc
Emery for q hearing: Your visit with
"a hundred citizens will be unavailing so
"iar as the President is concerned. His
"decision is made and will not be
Changed"
That is the plain history OF the Kellogg
usurpation. II wasnot established by the
courts; It was set up by the Joint action Of
the President, the Attorney General, and
the United States Marshal. The preteuse
that Gen. Grant only enforced the decis-
ions of Federal judge is a dishonest
piece Of effrontery. But even II it were
the truth instead Of q false pretense it
would be no excuse ior him. The courts
had no Jurisdiction to determine q ques-
tion Of this kind. They are not empow-
cred to decide between rival State gov
ernmentS. This Is the duty Of the pOliti-
cal branch. It belongs to the President
and to Congress. Neither can throw off
the grave responsibility which 1t imposes
upon them. Neither can be acquitted OF
the crime-far greater than the ofensc Of
the drunken partisan Durell-which hts
reduced Louisiana 10 the abject and hope.
less misery in which she lies to-day.