The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1874-11-05
THE LOUISIANA QUESTION.

The New York HsFqld has heretofore
published letters from Messrs. O'Conor and
Reverdy johnson, a relation to the action
and duty of President Grant in the Louis
lana question. These letters were impor-
tant and interesting, as both gentlemen are
held to be profound jurists, and pubIicists
in limited sphere, with extended acquire
ments and general information. Now we
are favored with letter in the Herald from
Judge Black, of Pennsylvania, one Of the
ablest men Of the United States. His views
and opinions are as original as they are
forcible and convincing. It is an intellec-
tual treat to read his arguments and note
his conclusions No political question of
the present day has created more excite
ment and interest than that of Louisiana,
and no question has exercised a more pow
erful influence upon the popular mind. 1t
has been the mirror in which was reflected
the purposes, policy and principles of the
two great contending parties that claim to
be the champions of republican govern
ment. The action of the President, repre-
senting the Radical party in this case, has
been the milestone around the neck of that
party which has been adjudged guilty of
coolly and deliberately destroying the con-
stitutlonaI rights of the people of that COM
monwealth.
No position, at this day, can excuse Gen.
Grant for the action which he took In plac-
ing Kellogg in the gubernatorial chair. 1t
was willful and perverse, in violation of
justice, as shown by the testimony which
was collected and compiled by the Con-
gressionaI Committee, composed in .he
main of Republicans. Such being the case,
Mr.. O'Conor states that it is the duty of
the President to correct his wrong act,
and that he is not bound to continue
to sustain Kellogg when he has cumula-
tive evidence against his legal and
just claims to the Office of Governor; that
it is his right, when it is apparent that
another was elected. to undo his wrongful
act, place in Office and sustain the legally
elected governor. To these propositions,
Mr.. johnson dissents, and holds the Presi-
dent to his first decision. He says that the
Chief Executive is bound to sustain the re-
cognized governor of a State against any
subsequent claimants, however correct his
claims may be; that the deJactO government
can only be recognized. The Herald agrees
with Mr.. Johnson; but both believe that
the President was wrong in the first in
stance in placing Kellogg In office. Mr..
Johnson's main argument is based upon the
de facto government in Louisiana; that on ce
recognized it must be supported and up
held. The reasons for such a course are
founded upon the necessity of making
governments stable, not subject to
revolutionary spirits that would introduce
anarchy and confusion, thus destroying the
very objects for which governments are
established, and exposing life and property
to the ever-changing caprices of the multi
tude. He contends THAT, as the President
had set up Kellogg, he was bound to sup
port his claims to the office; end that, there
fore, when the revolution of the fourteenth
of September removed him and placed
Lieutenant Governor Penn in his place, that
Grant could not do otherwise than he did.
Now comes Judge Black, and shows con-
clusively that the President has violated
the very rule which his friends cite in de-
fense of his former action; and that he has
acted contrary to justice and precedent.
He even goes farther, and declares that
Kellogg was not Governor in fact
when sustained byn Federal bayo-
nets; that he was usurper, and did not
have any title except naked possession
But his manner of disposing of the claims
of the incumbent after the revolution is
striking and will meet with the appreciation
of sound thinkers who have not been car
ried away with prejudice and the pride of
opinion. Judge Blackisays: a7srag j.
''Kellogg never had any title except his
naked possession. That was enough while
it lasted; but every vestige of power had
left him when the federal troops took him
from his hiding place in the Custom House
and placed him second time in the execu-
tive chair. The McEnerY government was
at that time as completely established as if
its power had dated a century back. 1t was
the government de jare., That did not do 1t
much practical good while its officers were
prevented by the military force of the
usurper from exercising their functions; but
when the people took their business into
their own hands and put their elected rulers
into their proper places, then the legal title
and the actual possession united in the
same persons. It is mere folly to say that
Kellogg was Governor an instant after that.
The forcible reinstatement of him was an
insurrection against the. proper authority of
the State as much as his first installment,
'1f / am right thus far, it follows that
Gen. Grant on both occasions committed a
grave violation of his constitutional duty,
in matter vitality affecting the rights of
the States and the liberties OF the people.
OF his conduct there can certainly be no
decent pretence Of Justification, and, so far
as ] can perceive, no reasonable excuse, un-
less he can say that his legal advisers i'm
posed upon him by-a false reading of the
Constitution.
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THE DAY or JUDGMENT.