The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-10-29
REPUBLICAN TICKET.
THE LOUISIANA CONTROVERSY
A Crucial Letter from Judge Black
Of Pennsylvania
rHE PRESIDENT COMPLETELY
WRONG,

TAh HhGSlO6N4 S~AAA As~4 1900
WRONG, |,
He Hs, No Shadow Of Right to Interfere
To the Editor OF the N. Y. Herald:
7 have read with great interest, as well
nc Admiration, the opinions of Mr.. Keverdy {
Johnson and MIR. Charles OConor, on the ,
Situation of Louisiana; and will now give i
Won NV own views on the same subject
Rut having no time for elaboration, l state
conclusions rather than arguments.
The President can lawfully use the or
Oanized physical force Of the Union to
control the internal affairs OF state only
for one purpose-to defend it against DO
nestle violence, that is, to suppress insur-
rection against the state government. ms
he cannot do unless called upon by the
Legislature, or by the governor. when the
legislature is not in session. The constltuc
ton of the United States and the acts OF
congress carefully conine his Intervention
to cases of this kind. Ii he may disre-
GARD these limits there are no others 70
hold him, and his power is consequently
despotic.
The state IS that which stands; Its GOV
eminent is ''the powers that be Its ON
GERS are those who actually exercise its au-
thority. 1t is, therefore, the call OF the
de f1cto government that the President
must respond to. This principle pervadess
all law, municipal and international, and
it's observance is absolutely necessary to
the preservation of our domestic tranquil.
ity. as we'll as the peace Of the world. Ii
the President assists a faction hostile to
the existing government, with intent to
drive the incumbent magistrates from the
seat of mower, he excltes domestic violence
and makes instruction, instead OF sup
pressing it.
think they are universally understood since
The publication of Mr.. Carpenters report,
are these A man named Kellogg 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. lie had no
show of case before the proper author,
ties, whose duty it was to decide contested
elections but he laid his claim before a
federal judge, who made an order, Tor 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
it for granted that the judge and all the
federal officers, civil and military, as well
as Kellogg himself knew that it was utter
" void. 1t would be TO charity 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 informed
die with the business. Nevertheless. the
marshal and the commander OF the federal
troops, acting in pursuance OF previous in-
structions from w ashington, ana with 'hs
approbation of tine President himself, un
dertook to execute the order, expelled The
officers of the existing government and PM
possession of the state.
Political power unlawfully obtained i
always abused. The state was insulted
oppressed and plundered until it becam
"a yexation even to heal the report there
Of" To gorge the rapacity of the ruler
property and capital were so burdene
with taxes that general confiscation G
every honest mans lands, goods and mot
ey would hardly have been. q more grie'
GUS infection. This was borne by Il
body of the people 50 patiently that Il
spirit of their torefathers seemed dea
within them. Their tameness was excuse
Bile only by two reasons In the first plac
successful resistance was impossibl
while the usurper was surrounded an
guarded by the bayonets of the fedora
army; and second, they looked forwar
to the election as a peaceful remedy TO
their wrongs But this last hope LET
them when they saw that Kellogg was ar
ranging the machinery of the registration
to cheat them by false count of the vote
and thus keep them in subsection for al
indefinite time, Convinced that they mus
rise by their own unassisted strength or b.
forever fallen, they resorted to the ultim,
ratio. threw off the shaekles aud place
the supreme executive power iu the hand
of the man who had been legally electe
nearly two years before. Never was re,
oIution more just OF conducted with grea
er prudence. Its success was complete
the baseless fabric of tyranny fell at tn
first rush of the popular movement; il
chief absconded, his familiars stun
away from his ruined fortunes, aud a
over the state the official instruments c
corruption yielded their places to the al
pointees of the lawful government. Lou
siana was free and every friend of hbert
and Justice in or out of the state rejoice
over the fact But the President wratt
fully determined to put the yoke bac
again on the neck of the state To tn,
end he sought out Kellogg in his hidiu
place: again expelled the true Governs
and again forced the submission of Il
people to the same adyenturer whom |
had aided before.
The unconstitutional character of Il
Presidents first act, when he overture
the then existing government and u
Kellogg in the executive chair by me
force,is admitted both by Mr.. johnson a,
by Mr.. O'COnor 1t would have been wo
derful, indeed, if either Of them had
tempted to justify so plain and palpable
violation of the fundamental law, L
they differ, apparently, about the Pre-
dents duty at the time of his second
teryention. concur with Mr.. johnson
the opinion that after Kellogg was 10
President could not turn him out he v
de fdcto Governor; and no matter whe
er he became SO by fraud. or force, or
cideDt, the fact Of possession was all II
the President could lawfully see.
course, dissent from Mr.. OCoDor wi
all the cautions Difference due to his gr,
name; but il he means to say that Gen
al Grant had right to pull down the
Jdcto government of Kellogg whenever
reDeDteQ his own act in saftina :. +,