The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-29
Durell to Lead the Mournful
March of MOnstrOsities.
> Louisiana Message
Withheld.
Causes of the Presidents Vac
Hating Course.
THE FANATICISM OF FINANCE.

WASHINGTON, JAM %, 1874.
The President ON the Kellogg Nom
strosity--Ae Favors Tho lmpeach ment
OF Judge Duroll-Congross Without
Power to Interfere.
The President was visited this morning by Gov
ernor McEnery and General w. l.. McMillen, the
Senator elect from Louisiana. They had 0een re-
liably informed that only few days ago the Presi-
dent favored new election and desired to learn
from him directly his present prosition on that
question, and also to dIsabuse his mind az to Ger.
tain representations made to him that no con-
siderable number of the people OF that State de-
sired new election. They were most courteously
received and accorded a long interview During
the conversation Attorney General Williams was
present and took part In it. The President admit
ted that the people of Louisiana were oppressed
BY disorder and bad government, which he claimed
had been tue rule since the war; also that the re-
turns Of the last election, which he characterized
as an organized fraud, had not been
counted by any returning board recognized by
the courts and that the Lynch Board had been
obliged to make their returns from other than legal
or official sources. He justified his acton in the
case by saying that he had simply followed the de-
ctsions OF the COURTS He also expressed the opin-
ion that Congress had no more power to interfere
with the State government in Louisiana than with
that in New York. He thought that the first thing
for Congress to do was to impeach the Judge, who,
it Is claimed. acted without Jurisdiction In over
throwing the State government OF Louisiana and
setting up another in its stead, and II the Judge
were found guilty, then Congress might have power
to apply proper remedy. He was asked II it be
true, as charged that the general government,
through its Judiciary, had Improperly interfered
with the State government Of Louisiana, and
thereby had worked an injury to the people Of the
State and to the cause Of free government and
whether the political department Of the govern
ment could not correct the evil done without
waiting to punish the person guilty OF the
outrage. He repeated his opinion that the Judge
should be tried first, from which II would appear
that the President is of opinion that stolen prop
erty ought not to be restored until the thief Is
caught and punished. The Attorney General ad-
mitted that Congress had power to determine
whether or not republican form OF government
existed in any particular State, and ii 1t found
that none such did exist then 1t would be the con-
sttutlonal duty Of Congress to provide the State
with one. The President and the Attorney General
were reminded OF the fact that the legal State gov
eminent OF Louisiana had been 0verthrown by the
unlawful interference OF federal judge, backed by
the United States Army, and that action by Con-
gress now could scarcely be considered as inter-
ference with State government chosen by the
people OF the State and regularly established I'M
der Its constitution and laws Proof was also
rendered to show that large majority OF the prop
erty owners Of that State as well as respectable
number OF the best republicans, desired new cleo
ton the best solution Of the political troubles OF
the State.
The Presidents VaciIlatfo in Regard
to the Louisiana Trouble-The Infiu-
ences which Wrought the Changes-The
Message To Come After DureJps De-
parture to Oblivion.
The action and position OF the President relative
to the Louisiana case is somewhat engmatical. 1t
Is well ascertained fact that the President some
time since, conceiving the de Jdcto or Kellogg gov
eminent as one set up without votes-that
is, with no connection legally esab-
lished between the ballots cast and the
oficers installed in power, and SO set
by military force furnished by the Executive anu
on the order OF federal judge-felt that not only
the integrity OF the republican party but Of the
national government itself was seriously involved.
This healthy Presidential Inception Of the merits
of the case was SO intenstned by The en-
lightened and honest tone Of the press OF
the country that the Executive expressed
his purpose to unload the party IRON its moustrosi-
ties, and favored pronouncedly new election in
Louisiana. In accordance with these views he
proposed to send message to Congress reciting
his action in the case and the reasons for it, and
to further allege the existence OF political issues
and complications that should be settled by Con-
gress. the political department OF the government,
and not by the Executive. subsequently
he was induced by the Attorney Gen.
eral and others to so far modify his
message AS simply to recite his executive action
in the case without suggesting or submitting the
political questions to Congressional consideration.
This message was submitted to the Cabinet yester-
day. and, under their advice, withheld. Several
considerations have combined to produce
the conclusion arrived at by the Executive
drst the Cabinet considering that the non-
descript non-committai message, prepared
under the revision OF Attorney General Williams,
presented no facts that were not already in pos
session Of Congress, the message under the cir
cumstances might be considered not only off,
cious, but case OF Executive trining They FUR.
ther suggested that the debate, McCreery having
spoken, had already begun In the Senate, and no
message was necessary pro or con. to call Official
attention to Louisiana snairs. These sug-
gestions Influenced the President to de-
lay action in the case. Second, in the
meanwhile other influences were brought to bear
to induce the President to abandon not only the
purpose to send In message but even his advo-
cacy OF the election altogether The impression
was made upon his mind that the Executive recog.
milton Of the Kellogg government, which had been
intended to be only provisional in its character
and for the purpose Of preserving the public
peace until Congress should otherwise pro.
vide really was solution under the constitution
and laws OF the political question and conclusive
against all executive interferences In the matter
whatever. 1t was urged that his political oppo.
nents 30 considered his action. and hts admlnistra.
ton would be held to this responsibility,
and any abandonment OF his position
would be Jreacherous to his party and
irreparabiy damaging to himself. Again,
the Attorney General argued that Congress could
not consttutionally interfere 80 as to remit the
question OF the state government to the people,
except 1t should appear that said government was
set up by some extraneous authority, outside the
State law and without the consent Of the
people Of the State. THIS ground of Con.
gressional interference could only be estab-
lshed BY ascertaininG. through impeach-
ment OF Durel, the usurpatory character
and eject or the political order. alleged to be the