The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-10-28
The LouIsiana Cont1oversy-A Cru.
ciRl Letter.

NEW YORK derdAt, orltlClSlDR Doth he.
verdy johnson and Charles O'Conor's
letters on the subject of President
Grants action in the Louisiana case,
in which he holds that the President
committed grave violation Of his con-
Btitutionsl duty, both in the first in
stsaco, IL sustaining DuToi; liz favor OF
the installation of the pretender Kel
lcgg, and in reinstating Kellogg, after
his expulsion, by the rightful Govern.
ment of the State, under McEuery
Hehys:
"The State is that which stands. It's
Government 'the powers that be-
Its officers are those who actually exer-
else its authority. It is, therefore. the
call Of the de fdcto Government that
the President must respond to. This
principle pervades all law, municipal
and international, and it's observance
is absolutely necessary to the preserva-
tion of our domestic tranquility, as
we'll as the peace OF tho world. II the
President assists faction hostile to
the existing Government, with the in
tent to drive the incumbent magis-
trates from the seat Of power, lie ex-
cites domestic violence and makes in
surreotion, instead Of suppressing it.
"The facts of the Louisiana case, as I
think they are universally underatood,
since the publication of Mr. Carpen.
ser's report, are these: A man named
Kellogg aspired to be Governor, but
wholly failed of the election. Never
theless, he claimed the office on
grounds which were not only false and
fraudulent, but absurd. He had no
show of o case before the proper au-
thorities, whose duty it was to decide
contested elections; but he laid his
claim before Federal Judge. who
made an order for his installation.
This order was as destitute Of all legal
force or validity. as if it had been made
by the fret negro that Kellogg might
have picked up in the street. I take
it for granted. the Judge and all the
Federal officers, civil and military, as
we'll as Kellogg himself, knew that it
was utterly void. It would be no cha-
rity to suppose either of them ignorant
enough to believe that Judge OF the
United States Court had any authority
or jurisdiction of the subject matter, or
any right whatever to intermeddle
with the business. Nevertheless, the
Marshal and the commander of the
Federal troops, acting in pursuance of
previous Instructions from Washing
ton. 'and with the appreciation of the
President himself, undertook to exe-
cute the order. expelled the officers of
the existing Government, and put the
pretender and his adherents into full
possession of The State.
''Politioal power unlawfnlly obtain.
ed is always abused. The State was
insulted, oppressed and plundered
until it became "a vexation even TO
hear the report thereof To gorge the
rapacity of the rulers, property and
capital we're so burdened with taxes
that q general con6scation of every
honest mans lands, goods and money
would hardly have been q more griev.
Qua infiction.l This was borne by the
body of the people. SO patiently that
the spirit Of their forefathers seemed
dead within them. Their tameness
was excusahle only by two reasons. In
the first place, successful resistance
was impossible while the usurper was
surrounded and guarded by the bayo-
nets OF the Federal army; and, second.
they looked forward to the election as
g peaceful remedy for their wrongs.
But this. last hope left them when they
saw that Kellogg was arranging the
machinery Of the registration to cheat
the2a rby false count of the votes and
thus keep. them in subjection for an
indefinite time.
convinced that they must rise by
their own tinassisted strength or be
forever fallen, they resorted to the
aAin.d ra!io, threw OF the shuokles and
placed the supreme executive power in
the hands OF the man who had been
legally elected two years before.
Never was revolution more Just or
conducted with greater prudence. Its
success was complete; the baseless
fabric OF tyranny fell at the first rush
OF the popular. movement; its chief
.absconded, his familiars sluuk away
from his suined fortunes, and all over
the State the official instruments Of
corruption yielded their places to the
Rppointees of the lawful Government.
Louisiana was free aud every friend Of
liberty and Justice in or out Of the
State rejoiced over the fact. But the
President was determined to put the
yoke back again on the people OF the
State. To that end he sought out
Kellogg in his hiding place; again ex-
PEELED the true Governor, and again
forced the submission of the people to