The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-02-08
LONISIANA.

Washington from New Orleans, to the
Effect, that the Louisiana difficulties are
about to be settled by compromise. Be
fore considering the terms of this alleged
compromise, let US, as briefly as possible,
glance at the situation in that unhappy
state, and some of the causes thereof. The
important facts, we take it, are few and
well authenticated. 1t is true that they
have been obscnred and distorted, so that
the salient points have been well nigh lost
sight of, but this is due, in great meas
ure, to the manifest desire of both
parties to make all the political capital pos
sible oit of this unfortunate imbroglio,
without regard to the right or wrong of the
matter. We take it, too, that the law gov
erning the matter is reasonably well set
tied, and that If Its principles had been APP
piled in practice, as they are avowed in
theory, we should now be no more troubled
with Louisiana affairs than we are with
those of Massachusetts or Virginia, Yer
mont or Georgia. The present difficulty
dates back to the presidential election oil
1872. Occurring, as it did, the day before
the election in the other states, a desperate
effort was made by both parties to carry
the state with the well-defined object Of
influencing the contest in other states. In
order TO produce this, the most unblushing
frauds were resorted 10, and while both
parties claimed the victory, neither was
able TO substantiate ii, claims. So apparent
was the fraud that congress refused to
count the electoral vote of the state. The
fraud and corruption did not cease with
the election, but entered into and tainted
the action of the returning board, as well
as the federal and state courts. The con-
stitution and laws of the state were tramp
led under foot, a pretended order of the
federal court-whch was of no force or
effect in lsw-was obtained, the military
was called upon to enforce the order, and,
under it, William p. Kellogg was installed
as governor That he was SO made COVER
nor, without valid election upon which
to base his claims, in defiance of law and
right by virtue only of an invalid, illegal
and usurping order of Judge Durell, is
substantially admitted by all-republicans
and democrats alike. For this action,
without which Kellogg could never have
been governor, Durelllresigned his judgeship
to in order escape impeachment at the hands
of republican congress. If Kellogg was
not elected governor, neither was McEnery,
that is so far as has been or can be ascer-
tanned. 1t is undoubtedly true that one of
them received the most legal votes, but
which of them did, no man will ever know.
So far, we take it, there is substantial
concurrence of opinion on all sides.
Neither Kellogg or McEnery are or can
be tho rightful governor of Louisiana on
the existing state of facts, because the en-
pressed will of the people has never been,
and can never be, legally ascertained. This
is not saying that Kellogg is not governor
de .fa,cto lie Is such by express recognition
of the President. We believe, moreover,
as we have repeatedly said, that, under the
circumstances, the President was justified
in such recognition. In fact, we do not
see how he could well have done otherwise
But this recognition does not make him the
governor de jure. The legislature, elected
at the same time, is, also, conceded to have
been an illegal body, having no authority,
in law, to legislate. If right had prevailed,
legal legislature might have been obtain
ed. A quorum of that body was conceded
to have been legally elected, and if right
instead of policy-and very poor policy
at that-had prevailed this quorum might
have brought order out of chaos. This quo
rum, constituting legal Legislature, could
have made q governor and other state
officers. If they had decided that either
Kellogg or McEnery was duly elected, the
country would have acquiesced in their de-
cison. If they had found, as the fact UNI
questionably is, that there was no valid
election, they would have had the power
to apply the remedy and, whatever the
remedy might have been, the country would
party capital was stronger than the desire
for peace and good government, and two
bodies claiming to be legislatures convened,
and the solution of the difficulty was as far
off as before. Kellogg remained, as he
still does, governor de tacto, sustained by
the federal army-without whose assist
ance, as it is admitted, he could not stand
moment-and the election Of 1874 came
on. With reference 10 this election, it is
sufficient to say that the returns by the
commissioners of elections gave the con
servatives a majority of twenty-nine Out
of a total of one hundred and eleven mem
bers, while the returning board gave
Kellogg ffty.two members and the conser
vatives fifty members. Messrs. Foster
Phelps and Potter, of the subcommittee
say, and 1t is understood that the whole
committee have come to the same conclu
clusion, that the action of the returning
board on the whole was arbitrary, unjust
ian !, in our Qheir) opinion, illegal, ant
81 that this arbitrary, unjust and ilega
action alone prevented the return by the
hoard of majority of conservative mem
beers to the lower house" We believe thai
the whole country, to-day, echoes thi.
opinion With reference to the organiza
ton, or attempted organization, OF the leg
isa'ure in January, We have. here, but ,
word to say. We have, already, repeated,
expressed our opinion thereon, and it i
sufficient for our present purpose to sa,
that If the Wiltz legislature was Illegal,
and improperly organized, much more wa
such the case with the Hahn legislature
In what we have said, we have refraine,
from all allusion to the real or pretended
'outrages and there are both kinds-re
ported to have been committed in that state
1t is unfortunately true that outrages hay
been committed, and that men have bee
murdered for political reasons, but not, i