Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1875-01-21
OTTUMWA, COUNTY. JANUARY

"a, JANUARY 2l. lS7
arguments by lawyers, several of whom
represented such party before tll'
Board. / have no evidence that tn
proceedings of this board were not il
+, accordance with the law, under whicl
| they acted. Whether in excluding
from their count. certain return
they were right or wron,
is . question that dependi
upon the evidence they had bcfor,
them, but it is very clear that the la v
gives them power ii they choose t.
exercise it to decide that way, and
pyina fdcie persons whom they return
as elected, are entitled to the Offices fol
were candidates respectively.
OF the alleged interference by thu
military with the organization of tht
Legislature of Louisiana ON the 4th
inst. / have no knowledge or informa
ton, which has not been received BY
me since that time, and published.
My first information was from the
newspapers OF the merning OF tho 9th
Of January. did not know any such
thing was anticipated, and no orders
or suggestions were ever given to any
military officer in that State upon that
subject prior to the occurrence.
lam we'll aware that military interfer-
ance by officers or troops Of the United
States with the organization OF State
Legislature or any nj its proceedings or
with any civil department OF the Govern
ment is repugnaet to our IDEAS Of Govern
ment. can conceive no case not invoiv-
ing rebellion, or insurrection, where such
interference by authority OF the general
Government ought to be permitted or can
be justified. But there are circumstances
co ,nected with the late legislative imbrog-
lilo in louisiana which seems to exempt the
military from any intentional wrong
in that matter. Knowing that they
had been placed in Louisiana to pre-
vent domestic violence and to aid in
represaing it, q revolution was ap-
'parontly, though il is believed not
really abandoned, and the cry Of
usurpation in Louisiana was renewed
with redoubled energy. Troops had
been sent to the State under requsi-
tiOn of tho Governor, % other distul-
bAnce seemed imminent. They we're
allowed to remain there to render the
executive such aid 81 might become
necessary to enforce the laws Of that
state and reperss the centinucdviolence
which seemed inevitable the moment
Federal support should be Withdrawn.
Prior, and with view to the late
election In Louisiana, white men as
sociated themselves together in armed
bodies, called "White Leaguers," and
and at the same time threats were
made In tho Democratic journals of
the State that the election should be
carried against the Republicans at all
hazards, which very naturally greatly
alarmed the colorcd voters.
BY Sec. 8, of tho act of February
2Sth, 1871, it Is made the duty of the
United States Marshals and their
Deputies at the polls whore votes are
cast for representatives in Congress to
keep the peace and prevent any viola
tions of the so.called enforcement acts
and other offcnscs against the laws Of
the United States. And upon q
requisition of the Marshal of Louis
lana, and in view of said or
ganizAtion and other circumstances !
caused detachments OF troops to be
stationed in various localities In the
State TO aid him I'm the performances
of his duties-the enforcement Of the
State lava. The officers and troops Of
the United States may well have sup.
posed that it was their duty TO act
when called upon by the Governor for
that purpose. Each branch Of Leg
islative Assembly is iudge of the elec-
tion and qualifi ations of its own mem
bers, but il mob or body OF unau-
thorized persons seize and hold q leg-
islativo hall, in tumuituous aud ri0tons
manner and SO prevent any organiza-
ton by thuse legally returned as cleo
ted, it might become the duty of the
State Executive to interpose ifreques-
to suppress ess;s9Ssity nj 4 e The members elect
the persons elected to organize the
House. Any exercise of this power
would be justifiable under the most
extraordinary circumstances, and 1t
would then be the duty of tho Cover.
nor to call upon the constabulary, or
If necessary, the military force of the
State, but with reference to Louisiana
Ii is TO be borne in mind that any at
tempt by the Governor to use the po-
lice force of that State ct this time
would have undoubtedly precipitated
bloody conflict with tho White
League, as it did on the l4th Of Sep
tember. There is no doubt but the
presence of e. s. troops on that Occa-
sion prevented bloodshed and loss of
life. Both parties appear to have re-
lied upon them as c0nservatOrs Of the
public peace. The first call was made
by the Democrats 10 remove persons
obnoxious to then, from the legislative
halls, and the second was from the
Republicans to remove persons who
had usurped seats in the legislature
without legal certificates authorizing
them to seats, and in sufficient number
10 change the majority. Nobody was
disturbed by the military who had q
legal right at that time to oc-
cupy . seat In the Legislature
The Democratic minority of the
House undertook to seize its or
gsnization by fraud and violence. In
this attempt they tramplcd under foot
the law, in that they undertook 10
make persons not returned ~ elected,
members, 30 as to create . majority
that they acted under preconccrted
plan, and under false pretenses intro.
duced into the hall mon to support
their pretenses by force, II necessary !;
and the conflict, disorder and riotous
proceedings following are facts that
seem to be well established, and i am
credibly informed that thcse violent
proceedings were part Of premedita-
ted plan to have the house organized
In this way to recognize what has been
called the McEuery Senate, then to
depose Gov. Kellogg, and 80 revolu-
tionize the State Government. Whcth-
er II is wrong for the Governor, at
the request OF majority of the mem-
bers returned as elected to the House,
to use such means as were in his pow.
er to defeat these lawless and rev0lu-
tionary proceedings, 10 perhaps de-
bateable question, but it is quite cer-
tain there would have been no trouble
il those who now complain of illegal
interference had allowed the House to
be organized In the lawful and regular