New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-20
THE LOUISIANA CASE.
KELLOCGS GOVERNMENT FOUNDED on
FRAUD.

n fFArED AT the FOLI.s-THE AFFIpAyIrs on
FRAUD MOSTLY roRGEp-pINCHBACKs CLAIMS
PROTEST AGAINST CONGRESSIONAL INTERFEI;-
INcg IN STATE ELECTIONS
To ne Edffor OF RE TRIBUNE
SIR: Tire proofs ndduced before the Senate
Commitse on Privileges and Elections, last Winter
tablIshed these facts:
l. That by thS official re,urns the ocuo, coutiu, ~
The votes cas- ~ the several poIlugpace4 in the State
fiouisana.pt tho election OF Nov g. 1874 the McEuery
Government and Legislature elected by majority
~ from 400 to aOpt
IT, Thai kellogg and his a,soci,c, the defeated can.
dates, were installed aud have been maintained in
power The Government ~ the State solely by
reference OF the United States District Judge utterly
without Jurisdiction. or even the sembance of legal
warrant authority supported by United States troops
ordered from, their post at Fort arrincls Florida
SewOrle9ns, IN advance AMI FOR angle purpose OF
compelling submission 10 this rsurpstiou,
The logical legal consequence "a. that the NcEuery
Government was. and Is pow tr legal Government Of
the STATE, and IL entitled 10 be recognized. dealt with
and supported such. by the Government OF the
whelining Testimony before IT, reduced 10 the
alternative OF recognizing that Government ane seating
McMillen Senator from louisiana or OF declaring
the election void for f-iud. Before proceeding ~
examine this question " fraud desire citizen OF
the state of Louisiana. and Of the representa-
lives Of the Convention ~ the people. citizens OF that
State to enter solemn protest against the right OF
the Federal Government, In any OF s departments to
declare void for fraud aud 3" set aside state election
State elections held under state laws. and any dues
ton 10 thec validity must bo determined by the
State laws alone cannot better express my views
tins subject than by quoting the following passage from
the petition presented by colleague and myself TO
the two Houses ~ Congress the Sth inst:
II there frnud . sufficient remedy afforded to
the parties aggreved ~ the laws Of the United States
Tho -ffrta. If Is mar
un to hold that because fraud IL committed H All "ec
ton in STATE the judicial and military powers Of the
Y dgrdl Government may hc used 10y the defeated can
ddaeS to set aside the officially declared results Of such
election AMI to install ITEMS elves In Office Such doe
trinc, IL authorilahycy aud deliberately pro
claimed by the Congress Of the United States viii
inevitably lead to the elimination OF she elective prn-
cipc from scheme Of Government; and Ne cannot
believe that the Congress will IN view or all the facts
that have been brought To rs notice consent TO reco-
nize The usurping Government represented by VIM. Pat
Kellogg. and thus establish precedent when may al
some future time logically invoked and successfully
applied for the destruction Of the liberties o the people
The Government Of the United states acquired juris
iicon Of the question validity of the Govern
mCnt Of The state OF Louisiana in two ways;
l. Application was made TO the Executive by what
purportcd be tho Government Of the state for pr0oc
ten against domestic violence. In all such eases the
emergency il pressing. aud the President must deter
mine. but little time for deberaon. whether this
application made bs lire proper authority, His de
afford tie protection demanded Is recognition
authority making the demand but IL by no means
concludes the with the people Of the state He
may err. hut thu people not LEFT without remedy As
the Supreme Court Of the United states SAID IN Luther
agt. Borden, Howard Is:
Undoubtedly IL the President in exercising this power
should TAIL into invade the rights of the PEOPLE
the State IL would De in the power OF Congress 10
ply the proper remedy.
The President did recognize she Kellogg Government
aud has supported AMI maintained 1t ia by tho
military of the Federal Government That he
erred in TIN, Is 10y the OF the SEN
ate Committee on Privileges and Elections; and the
error VIII manifcstIy appear by reference 10 the
Constitution Of the safe of louisiana There be
authority any department Of the Federal Government
recognize and mantain ~ power ~ officers OF state
Government person., who have not been elected such
officers under the and in accordance with the laws
aud Constitution that The report of the Senate
Com,ni,,.. 'n- tho iot7ou- ftcoghi@cd ny the
Executive the Governor aud oicor- OF the state or
Louisiana were not elected bv the people. The Constl
tuition of Louisiana, Article 81. declares that
n" member Of CONGRESS or any person holding o,lse
under tho United states Government. shall be eligible
10 the office Of Governor or Lieutenant Governor.
At The lime the election Of Nov Z. 1874 WAS held,
william Pitt Kellogg. candidate for Governor. was IA
senator Congress and therefore not eligible to
that ohcc; e. C. Antoine candidate for Lieutenant
Governor. Collector OF the Customs at Shreveport,
and therefore not eligible to that Office majority
81 the votes FOR McEncry for Governor against
Kellogg; and larger majority for Penn for Lieu
tenant Governor. against ANTIQUE. ~ that neither
them elected. An therefore. that tho Executive any
department OF tue Federal Government may have done
In recognition Of Kellogg and Antoine Gov
ornor md Lieutenant Governor. respectively. was
contrary 90 the express prohibition OF the
Constitution ~ the state OF Louisiana. and
was done in erior both oi tact and Of law and it is not
only shu the power hut i, il the solemn duty Of Con
gress 10 apply the proper remedy. and TO relieve the
people Of Louisiana Of the NJ THE 1t
l. nor 10 be believed that the President intended any
invasion rights Of the people but 1t is clear he
vod doubt on cavil thar he did fall into the
mon lot OF humanity, from which the wisest and best
can claim no exemption. aud thar his recogni
zion OF Kellogg Governor was however unintcntonalt
may have heon. violation of The Constitution and laws
and An Invasion OF the rights ~ the people of Louisiana.
by which person has been pacedn power ~ Governor
who was neither eligible. nor elected 10 that Office hY
the people aud who therefore usurper, without
legal titIa or authority Whatsoever.
IL The senate OF the Ugited States acquired iurisiic
lion Of this question Winter when John Ray. claim
ng To have been elected senator by the Kellogg
LEGISLATURE and william :. McMen. claiming Ia have
been elected Senator by the McEncry Legislature for
the une xpired term Oi William PITT Kellogg. which
ended March L. 1873. presented their credentials
respectively. and asked 20 be- seated The proof con
WINGED the senate Committee that the Kellogg Govern
ment had been elected, and that Ray could not he
seated; amt that the McEnery Government had been
l.rted by the votes east at the election. and that
McMIen must be seated. unless the Senate should
choose 20 behind the official returns and declare the
election void for fraud Insisting rs do and shall in
si-t that when the Senate Committee found
and reported. matter ~ fact, that the
BODY winch elected Ray not the
Legislature the state elected by the people, ana that
the body which elected mcMllen WAS the Legislature
shown have been elected by the Official returns. a.
was the plain duty Of the Senate 10 give the McEnery
Government such recognition IL was legally entitled
TO- and as would have resulted from the seating OF Me
tIl.Li IL