Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1874-10-29

Ciple PEI FdueS all law, municipal ana
! International, and its observance is
absolutely necessary to the preservation
OF our domestic Tranquility, as well as
the peace of the world. If the Presi-
dent assists a faction hostile to the
existing government, with the intent to
drive the incumbent magistrates front
the seat Of power, he exctes domestic
violence and makes instruction, il
stead OF suppressirg it.
''The facts OF the Louisiana case, I
think they are universally understood
| since the publication Of Mr. Carpenter
report, are these:-A man named kel
logg aspired to be Governor, but wholly
failed of the election. Nevertheless, he
claimed the Office on grounds which
were not only false and fraudulent, but
absurd. He had no show of case be
fore the proper authorities, whose duty
it was to decide contested elections; but
he laid mis- 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 first negro that Kellogg might
have picked up in the street. take 1t
for granted the Judge and all the federal
officers, civil and military, as well as
Kellogg himself, knew that it was
utterly void. 1t would be no charity
to suppose either of them ignorant
enough to believe that judge of the
| United States Court had any authority
OF jurisdiction of the subject matter
or any right whatever to intermedde
with the business. Nevertheless the
marshall and the commander of the
federal troops, acting in pursuance OF
! previous instructions from Washington
and with the appreciation Of the Presi
dent himself undertook to execute the
order expeiling the officers of the exist
ing government and put the prentender
and his adherente into full possession of
the State. r.. .....
':Poitlcal power unlawfully obtained
is always abused. The State was in
suited, oppressed and plundered until it
became "a vexation even to hear the
report thereof To gorge the rapacity
OF tie rulers property and capital Were
so burdened with taxes that a general
confscation of every honest mans
lands, goods and money would hardly
have been more grievons infection
This was borne by the body of the
people SO patiently that the spirit of
their forefathers seemed dead within
them. Their tameness was excusable
only by two reasons. In the first place
successful resistance was impossible
while the usurper was surrounded and
guarded by the bayonets of the federal
army; and second, they looked forward
to the election as peaceful remedy for
their wrongs But this last hope left
them when they saw that Kellogg was
arranging the machinery Of the regis
tration to cheat them by false count
Of the votes and thus keep them in
subsection for an indefinite time
Convinced that they must rise by
their own unassisted strength OF be for
ever fallen, they resorted to the asltinaa
ratio, threw off the shackles and placed
the supreme executive power in the
hands of the man who had been legally
elected nearly two years before. News
er was revolution more just OF conduct
ed with greater prudence. Its success
was complete; the baseless tyranny Tell
at the first rush of the popular move
ment; its chief absconded, his familiars
SUNK away from his ruined fortunes,
and all over the State the official instru-
ments of corruption yielded their places
to the appointees Of the lawful governs
ment. Louisiana was free and 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
the same adventurer whom he aided be-
fore
1.-THE unconstitutional character of
the Presidents first act, when he over.
threw the then existing government and
put Kellogg in the Executive chair by
mere force, is admitted both by Mr..
Johnson and OConor. 1t would have
been wonderful, indeed, if either of
them had attempted tojustify so plain
and palpable violation of the funda
mental law. But they differ apparent
ly about the Presidents duty at the
time of his second Intervention. I con
cur with Mr.. johnson in the opinion
that after Kellogg was in the President
could not turn him out; he was de facte
Governor; and no matter wheth + he
became so by fraud, or force or acct
dent, the fact of possession was all that
the President could lawfully see
''Of course, | dissent from Mr.. O..
Conor with all the cautious Difference
due to his great name; but if he means
to say that General Grant had a right to
pull down the de facto government OF
Kellogg whenever he repented his own
act in setting it up, venture to put IN
denial. Relr ember, the president has
no right to turn anybody out nor even
inquire how any actual incumbent got
in. TO overthrow the de fucto govern
ment because he had wrongfully over
thrown another, would, instead of atom
ing for the first error, only double the
blunder. He cannot play fast and loose
with the liberties of the State, nor, like
Pharoah, let the people go free or hold
them in bondage according as the Lord
hardens his heart or terriies him with
plaques.
p ''But 1 respectfully submit that this
point on which Mr.. johnson and Mr.
O'Conor divide is not in the case
General Grant never interviewed t.
protect de facto government in Lonis
lana. His last act, like the first one,