New-York tribune., 1874-09-19
LIEUT. GOV. PENIS OPINION.

A STATEMENT REGARDING THE LEGALITY OF THE
TWO ovERNMRNTs-KEILoGG ONLY ABLE TO
SUSTAIN HIS GOVERNMENT BY FEDERAL POWER
New ORLEANS, Sept. 18.-Lieut. Gov. Penn makes
the following statement relative to the State Gov
eminent The two Governments have been organ
lied since 1872. There was meeting of the
McEnery Legislature last season. In every respect.
therefore, the status of both the de dco and de jre
governments was maintained. The troops en-
gagged on the 14th instant, instead of
being insurgents as styled in the Presidents Procla
nation. were the militia Of the McEnery Govern
ment duly commissioned, etc. They oyerthrew and
drove from the soil of the State the officers Of the
de fdcto Government. establishing the McEnery asa
de 6acto as well as de jWe Government. Under
the strict letter of the law, Kellogg could not call
upon the United States to Interfere, be
and his government being out of the State and
unable at the time of his application to maintain
himself on Louisiana soil, but refuge in the Gus
tom-house. The proclamation of the President has
been obeyed while the United States forces are
in possession of the archives and property
of the State. The McEnery government is
still organized. and is simply deprived OF
its de tacto functions by the power and authority
of the United States The McEnery Government
can assert and its power will be obeyed, through
out the State. The Kellogg Government can be re-
maintain itself through that power. Penn then
asks "Is this the republican form of government
guaranteed to every State under the Constitution
THE PRESIDENTS OPINION AND PURPOSE.
GEN. EMoRY's ACTION IN APPOINTING A MILITARY
GOVERNOR DIsAPPRovED-HE is ORDERED TO
REINsTATE KELLoGG-No FURTHER TROUBLE
APPREHENDED BY THE PRESIDENT.
Gan 1 Ihara an
feeling at the Cabinet meeting to-day over the gen.
eral situation of affairs in New wOrleans The only
qnestion which caused anxiety, was the mistake
Gen. Emory had made in appointing military COM
mander of the city, thus, virtually, establishing
military government. 1t was soon decided that this
could not be allowed to stand as precedent, and
Gen. Emory was informed of the trouble
and remedy. He was requested to modify
his orders 80 as to make Col. Brooke commander of
the military forces in New-Orleans. The Attorney
General when asked as to the meaning of
the last clause. said it did not allude
to any steps now in contemplation to effect
change in the Kellogg Government,
but to what might be accomplished by
legislation in Congress The first intention of tho
Government is to that the insurgents are every
where put out of the places they have seized. This
done it is believed vigorous will be used
of complaint. There is no longer any apprehension
of trouble in the city of NewOrleans and little fear
of general opposition in the parishes. though in a
few interior towns it is believed that show Of mil
itary will have to be made.
The following is the telegram to Gen. Emory sent
by the President through Adjutant-GeneTsl Town
send:
WAR DEPARTMENT, ADJUTAHr- GENERALS OFFICE,
WASHINGTON, ID. c. Sept. Is, 1874. )
Gen. W. H. EMORY. Neo- Orleans am directed by the
President to say that your acts to this date far
they have reported and received here officially
approved, except far they name Col. Brooke
command the city Of New Orleans 1t would have been
better 10 have named him commander OF the United
States in that city. The State Government exist
ing the time Of the beginning OF the present Dsurrec
tonary movement. must be recognized the lawful
State Government until some other State Government
be legally supplied Upon the surrender Of the nsur
gents you will inform Gov Kellogg OF the fact and
give him the necessary support to reesablish the
tnority OF the State Government at the end OF the
five days given In the proclamation OF the 18th inst
there still exists armed resistance TO the authorities of
| the State, you will summon surrender OF the In
| sursepts II the surrender is not quietly sub
| mitted TO, 10 must be enforced at all haz
araA This being an insurrootion sSsinst the