The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1874-09-30
The New York Herald on the Stu
atiGn.

actcr With We were led to expect
from th4latest dispatches in the Her
aid ofyesterday, Lieuteuant-G Cover
nor Penn has agreed to surrenderl
to General Emory and submit to the
National Government. This is all
the more pleasing, because it proves
what the people of Louisiana have al
ways maintained, namely, that they
were not making war upon the Uniteal
States, but upon State usurpation.
Kellogg was not the choice Of the peo1s
pie Of Louisiana, or at least, it had
not been satisfactorily shown that he
had received majority of the votes
of the people. His government, with
it's legacy of debt and taxes and bad
legislation, was an intolerable bur-
den. 1t was to throw off this that
New Orleans flew to arms; but the
dignity with which the proud people
of that proud city acknowledge their
allegiance and manifest their obedi-
,ence to the General Government is
admirable. Kellogg is rehuked, and
the people of the North are assured
that it was against him and not
against the Union that they seized
their weapons of war in q moment of
despair. The episode carries with it
:, useful lesson, and invokes us to
consider anew our duties to the South.
We have already expressed, wi t h
sufficient emphasis, our view Of the
legal obligations of the President in
the alarming crisis which has arisen
| in Louisiana. After recognizing Kel-
logg as the legal Governor of the
State-after submitting the question
to Congress at two separate sessions
after the appreciation of that body
implied in its not acting--the strict
ly legal points involved in this grave
conjecture are too plain to admit of
controversy. When Kellogg applied
for military assistance, it was the
clear duty Of the President to make
the necessary proclamation and prom
Use to furnish it; but in an emergency
so important it is the duty of states
man to proceed with wise circum
spection and deliberate caution
Strict adherence to law may some
times involve serious ENHANCEMENT,
especially if legal mistakes and erro
neous commitals have put the Gov
eminent in q false position from which
| It is difficult to retreat. President
tGrant's original recognition Of KEEL
logg was political blunder. Peace
and tranquility would have reignea
in Louisiana if he had not acted on
the illegal order Of Judge Durell, and
had allowed things to take their nat
sural course in the inauguration of
McEhcry, who had the color at least
CT legal election. The present revo
luton in Louisiana is the direct con-
sequence Of Grants mistake, and ev-
en- ifhe is at last sensible ofthat mis-
take, and is willing to rectify it, he
stands in an embarrassing position.
Having indiscreetly recognized Kel-
Iogr as the legal Governor, tue Presi-
dent was bound to support and re-
store him; but having made this re
cognition without warrant of law, in
pursuance of judicial decree, for
which Judge Durell was impeaehed
by the House of Representatives. at
its last session, the President should
perceive that he is in false and un-
tenable position. If his recognition
of Kellogg had been defensible, all
| s. -HIg 3D.. :
would be smooth sailing now; had
Kellogg been elected by a fair vote
and honest count, had his right to
the office been established to the rea-
sonable satisfaction ofimpartial men,
no kind of concession would be justi-
fable, and it would be the imperative
duty of the President to restore him
at all hazards and every cost; but ey-
en- the Republican party is not unan-
imous in thinking the President made
wise decision. The impeachment
lof Durell by the House affords pre-
sumption that the President was
misled. ~ ..'' .'It'.',' : - 1
The report of the Senate committee
charged to Investigate this questions
winter before last, proved Kellogg
MAS not legally elected, and Senator
Carpenters very able speech put the
point beyond reasonable controversy
When q false decision of the Presi.
dent brings the country to the brink
of civil war, he, obviously does not
| stand on the same clear and tenable
! EsEssrs sssSgssSs
i ground as if there were no valid le
= 3.