Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1874-09-18
can NE DO IT LEGALLYt

CAN He ~ ~
Happily there is an end Of bloodshsd
IN Louisiana for the present. Dispatches
fron New Orleans inform us that at siI
o'clock last evening MeEnsry, the head
A. the insurrectionist State Government.
formally surrendered the State buildings
A. IN United States troops under Gem
sr,l Brooks. Lieut.. Gov. Penn delivered
10 General Brooks . statement OF all the
,.cords which were in the State House
vhsn the insurgents took possession,
and two companies OF infantry now oc-
cupy tn. building. Thus the war ends
and peace rsigns. Whether or not there
4. now . State Government in Louisiana
il a. open question. But vhsthsr the
Administration shall again recognize and
rsins.all the Kellogg faction, il . much
more important one. II 10 hardly posi-
bic 10 see how the President can. in the
face Of the unrevsrssd decisions OF a Fed
sra Court. do anything else. Yeti such
restoration could Be postponed until
Congress shah assemble and that body
Be- induced TO order a new election in
Louisiana. 1t would in u Judgment Be
the best course. With the late under
military control. an election could be
hsld fairly. AT LEAST II 10 prssumable.
from the peaceful scquiescenes oftho peo-
pl. in the Presidents proclamation. that
they have faith in the fairness Of the
Government and in its disposition 70
guarantee them their right Of an honest
oppression Of opinion at the polls. As
one Of their greatest grievances. thspeo-
pie have alleged that Kellogg had pos
session and control Of all election in
spectors, had the sppointmsn Of Re
turning Boards. and was indispossd to
permit a fair election to be held. The
occupancy Of the State by the military
obviatss this difficulty and destroys the
basis Of their complaints in this par
ticular.
We believe, unlike some Of our CO.
tsmporaries, that the people Of Louisi-
n are dssirous OF good government ;
that the better class and a majority OF
the citizens are willing to do anything to
secure this result. That the Rellogg Gov
srnmsnt il infamous and corrupt, We
have no doubt ; that Congress commit
ted . grave error in not ordering q new
election Last Winter Ii still more palpa-
bic I; but how TO get around the legal de-
mands Of the case as o presented is =
question OF grave moment and difficult
OF solution. Can the President legally
recognize the present status Of officers .
Can, he. in view Of his oath to support
the mandates OF Federal Court, rscog-
nixe the success OF an armed force in
deposing q Governor declared by such
Court TO have been and to DO the legally
elected Executives Can he legally pro-
long military rule over an insursent
State without taking immediate steps to
rsinstats the legal officers in their posi-
lions? These are questions Of law, not
Of policy. and by the decision OF his
legal adviser. the Attorney General. the
President will doubtless be guided. A
TO the policy OF the case, did no legal
obstacle intervene, We have no doubt
that Grant would. IL he could, pursue
the course we have indicated. l. e.. keep
the State under military rule, call . sPs-
cial session Of Congress, and ask that a
nav election Be ordered. This would
popalarizs both his administration and
himself. would conserve peace, and take
from the people Of that State all
Of complaint. II would rather attach
them to the Government by stronger
ties than svsr heretofore existing. But
can the President legally pursue this
courssi This is the vital question.