Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-09
sssjsSsASA 3.

LOUISIANA.
Nothing that has been said OF wait
ten, says the Boston Post, b. leading
public men concerning the merits Of
the latest Louisiana trouble afford:
more complete internal evidence Of
soundness ard reliability than the opin-
ions of Hon, Charles O'Conor, recent
ly given in letter to tho New York
Herald. Standing conspicuously apart
from the political prominence which SO
many others upon his social and pro
fessional level coret, he has approach.
ed this important question from pure
! Iy judicial standpoint, and in lis. con-
| clusions there is notable absence Of
partisan heat Assuming. as he thinks
| he has a right to, that Kellogg was not
| duly elected, Gs the judgments Of tie
press and nearly all deseryedly influ-
ential persons in or out OF cffice con-
| ceda he reduces the unsettled points
to the single question, "Was the origi-
nal errCr Of the President in recognize
ing Kellogg as Governor a conclusive
Judgment, which, subject only to re-
view by Congress, was absolutely bind
ing upon all persons, including the
President himself, and also ircevoca-
BILE by him even, though he should
have subsequently discovered this
mistake ?" Mr. O'Conor's analv-
sis Of this disputed question throws
light over e considerably hecloud
ed controversy. Many who con
demned the Presidents original en-
dorsement of Kellogg honestly thought
that he had 10 alternative bnt to re-
peat himself when his work was over
thrown by an indignant people The
eminent jurist gives them the best Of
reasons for disco1tiLUing the conflict
between their sense Of justice aud
their construction Of Constitutional
authority. While the power and duty,
as defined by the Constitution, to pro-
tect each of the States against invasion
leaves the Federal Exc cutivc 10 OPP
ton, on the other hand, IN al eases of
F'domestic violence" " re i without the
right to interfere until solicited by the
Legislature or State Executive. IF
the State Legislature chooses to ac
quiesce Federal interference is I'M
lawful while it is III session or can be
convened, or even during its recess,
provided the Governor, for any reason,
declines to ask such assistance. But
Federal aid was solicited in the early
stages Cf this difficulty, and in default
of any action by Congress it became a
part Of the Presidents duty to decide
which side lie should recognize as en-
titled to the protection Of the General
Government. This decision, however
erroneous, was binding on all so long
as it remained in force
The last and m ost serious develop
ment of the difficulty reopcnod the en-
tire question so far as the President
was concerned. Congress had neg
lelted to take action upon the case,
and the Presidents decision stood for
titled only by the dignity aad author
ity that centred i'll him personally aud
officially. Tie question OF events was
whether this decision thus supported
was irreversible, and this again was
left to his own determination Had
Congress acted and adopted the same
policy rs the Executive it could, and
=. L. l.
act on in this emergency. There had
been recent precedents in as high a
tribunal as the Supreme Court Of the
United States of its highest officer re-
versing his own formeropinions Since
Gen. Grant had first put Kellogg in
place evidence had thickened, a ma l.
tude of safe Gnd enlightened corr ell
lorg had spoken, and generally in dis.
sent from the action which he had
taken. The Penn revolutionary move
ment was an offence against STATE laws
only, and an accident resulting i'll the
death or captivity of Kellogg. such as
might not improbably have occurred,
would have rendered it Constitution
ally impossible for the President to lift
his hand in settlement of the d;stlIr-
bance or in subsequent arbitration, and
thus ''after ih9 custer of kellogg by
Penn, the application OF the former to
the President presented merely re
newal of the same precise question
which arose upon the first dispute. >
Here was another opportunity allowed
to pass unimproved. The injustice of
the Presidents original decision had
been brought home to him in coavin-
cling ways that he could not gainsay,
and the very burdens that he lad i'm
posed at last afforded chance for just
and graceful reparation. But he chose
to give his original error the despotIc
immutability of Persian law, and
threatened to vindicate, sword III hand
if necessary, the infallibillty OF his
first decree. Thus there rests upon
him the odium of double and inten-
sifed responsibility for Louisiana's
woes, and that which was last incurred
is not tiIe least to his discredit. Mr..
O'Conor has made no arrangement of
the President or anybody else in his
judicial review of the situation. lie
has taken the public for his jury aud
delivered his charge to them, and
without leaving their places the YER
dict which they must return Will be
twice guilty of the grand larceny OF
the rights and liberties OF State.
It IS curious fact that Paris, with
all its love of music and amusements,
and it's crowds of foreigners, Sannol
support an opera-at lsssE to furn;sh unG 'u sub. 10
always called upon up,,ion 10 lardISF and Freurb s"