New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-31
WASHINGTON.
TIE LOUISIANA CASE.

urn
-, Sprrcu BY SENATOR MORTON IN REPLY
INV TELEGRAPH TO INK rRibuNEl
Ian ao-Senator Carpenter has
.noIcn two DAYS on the Louls'an" iuo'',on' a'
-, a Greater food of iight upon 'no "''' p"o
0.af ,So Grant Kellogg usurpation 'han mas pe
e'e's ,,;uo,od il That portion OF the speech de-
.o'0 ,~,rlav contained very little that the SEN
. Rod not previously set forth IN ms aDie speec"
I,st session or in the debate that theh 'ook paoo
unon his bill. He had now gwen inc wnoie S"''0N,
,,ore deliberate thought and study and from ies
nont of view improved on his former cnor' pu' 'A0
last speech did not abound IN those eioquon' poe
cages which attract large audiences TO the eaiei'e
., those sallies of wit that draw forth applause.
Tnis morning Mr. Carpenter took up a branch OF
49,. enb;ect that had never been discussed before
,he recognition of the Kellogg Government by the
ltd states His argument which was clear and
harm throughout, and fortified at every point with
1oonrentary evidence was briefly as follows Al
,h time Pjnchback was elected the Kellogg usurpa-
,o had never been in any way officially recognized
~, ,bo President. The only pretense that sucn
,oogni,ion had been gwen was based upon ais
ro+cb Of Attorney General Williams, saying tha'
The President would recognize and sustain helioge'
aaspatch which had no more legal force than os-
match from any private citizen. The employment Oh
troons in Louisiana until after the PRESIDENTS proc
,maton in June was sOely for the purpose OF execu
ting the orders of Judge Durels court ana he FORCES
MORO under the control of the United States Marshal
and po, o the Governor In May of last year Kellogg
auped TO the President for troops. In ms letter.
which Mr. Carpenter read, he asserted tnat 'here
wos disorder and violence in several parishes OF the
State. which the State authorities could not sup
press without great expense and danger OF pIooo-
shed and therefore asked the President to give him
the support of the army and navy In response 10
this the President issued his proclamation
Mr. Carpenter held in the first place that kellogg
never made out case to justify Federal lnter1er-
ence There are only two statutes, he said, bearing
upon this power. That Of 1875 is as follows;
In case OF an insurrecuon in any state against the
Government thereof shall be lawful for the PRESIDENT
Of the United States application OF the Legislature OF
such State of the Executive, when the Legislature
cannot be convened. 10 call forth such number OF the
militia OF any other State States may be applied
for as he may Judge sufficient suppress such usurrec
ton.
This law required. as it will be seen, an insurrec
ton against the government of the State before the
President could call out the militia. Kellogg did
not certify that such an instruction existed; he
only reported violence which it would be expensive
to put down. but which, he assured the special CORE
spondent of THE TRIBUNE few days after the
Presidents proclamation was issued he could have
put down himself with his Metropolitan police.
The other statute is that of 1907. 1t had by that
time become apparent that it was a very expensive
proceeding to call out militia and that if force was
needed the army and navy were more convenient tO
use. This law is as follows:
In all cases Of instruction obstruction to the laws
either OF the United States OF Of any individual
State or Territory IL is lawful for the President
OF the United States TO call forth the militia for the
purpose OF suppressDg such Instruction Of causing
the duly executed, it shall be lawful for nm
employ for the purposes such part OF the land
naval force OF the United states as shall be judged
necessary having first observed all the prerequisites Of
the law in that respect.
Mr.. Carpenter held that this act did not increase
the number of cases in which the President might
act He was still restricted to such cases as those
in which it was then lawful for the President to call
forth the militia, and those cases were defined in
the act of 1885, He therefore concluded that the
President had, by issuing his proclamation, wholly
exceeded the authority given him by law In other
words, though Mr. Carpenter did not use these
TERMS he usurped power not delegated TO him,
either by the Constitution by Congress, for the
purpose of sustaining the Kellogg inlquity. If
Judge Dmell is impeached for illegally overturning
the State Government how can the President
escape who illegally sustained the usurper with the
armyf Mr.. Carpenters excuse of the President,
that his action, after all, had no effect except
to quiet matters in the State, was as weak as his
indictment of the President was strong
The other most striking part of Mr.. Carpenters
speech was his argument in favor of new election.
The United States, he said, was commanded by the
Constitution to guarantee to every State repub-
Gean form Of government, and the manner in which
tins duty was to be performed not stated. Here
was State with its political portion fiat on its back
with no power within itself to rise again. There
was no State Government in Louisiana which had
been chosen by the people, and it was therefore the
duty of the United States TO see to it that one was
at once established. This could best be done by or
derlng new election.
Mr.. Morton, who followed Mr.. Carpenter, was IN
able to meet these arguments, and solvent off in one
OF his excited speeches. describing the riots and muir
ders mat have occurred IN Louisiana since the war
and attempting TO frigbten Senators into the belief
that to overthrow the Kellogg Government would
canse repetition Of these scenes. dc did not con
clude.
REPORT THAT GOV. KELLOGG HAS MADE A RRoUIs,
TioN FOR THE PERSON OF EX-Gov. wARMoTB
IGEsHRAL PRESS DIspArcHl
WASHINGTON, JAN ga special dispatch from
New-OrleaDs dated yesterday, gives a report tina
Gov Kellogg has issued his requisition upon tn
Governor Of the District of Columbia for tn,
person of ex-GOv. Warmoth. Ii is said thu
case grows out of some criminal transaction
connected with the State Treasury when Warmotl
was Governor Of Louisiana. Warmotbs friend
here have heard nothing of such reqnisition. no
did Warmoth yesterday know Of it prior TO his de
partnre Tor New-York,'en route for New-Orleaus
which place he will reach on Wednesday next.