The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-04-10
a Letter from Judge Poland.

An extract from private letter from
Judge Poland to one Of lis political and
personal friends appears in print, in which
the Judge says:
do not understand that Mr.. Edmunds
action in the Pinchback case is at all in
conflict with any action the President has
taken, or in conflict with any position the
republican party has ever assumed in that
case or any other.
Kellogg and McEnery both claim to be
elected governor of Louisiana. Each was
trying to get into possession of the office
by every legal device, or by force, if neces
sary. In this condition Kellogg was put
in possession of an order of the U. S. Judge
A conflict OF arms was imminent, and both
sides appealed to the president, and he must
either interfere to keep the peace, or let
them fight it out. He could not well wait
to review the legal proceedings before act
ing, and so for the time, he decided to up
hold Kellogg in the place. lie, however,
treated them as mere temporary thing,
and called at once on congress to act in the
matter, and decide what ought to be done
until congress took action the president
could hardly do otherwise than he did. He
did not undertake to decide anything; he
it should be decided. When the question
was up in any form for decision in congress,
taking one side or the other of it, was in no
conflict with anything the president had
done. The president acted on the same
principle in recognising Baxter as govern
or OF Arkansas, because he was in posses
sion under the form of legal induction.
The committee expressed their approval of
that action, and their conclusions were in
entire harmony with the presidents original
action.
But the Arkansas case branched off into
another channel, and the great question
was whether the new constitution adopted
by the people of that state was, so far
either fraudulent or revolutionary as to
justify the national government In step
ping in and setting it aside, and overthrow
ing peaceable government existing under
it.
The committee were clearly of the opin-
ion that 1t was wholly out of the proper
Jurisdiction of the national government.
The president was made to think otherwise,
and there of course / differed with the |
president. But our action was wholly in |
harmony with his first action, and as | be- |
lieve in entire harmony with the general |
sentiment OF tie republican party. / |
thihh INC preeiucnt was ehtlrely deceived |
in regard to the facts of the Arkansas case. |
Washington was full of Arkansas refugees
all winter, and 1t was matter of political |
life or death with them, and they were by |
no means scrupulous as to what they said. |
My action in the matter was, | think, re-
quired by the principles of constitutional
law, and by the principles, of the republi-
can party. 80 far as the president held
different views, l think they were caused
by an erroneous view of the facts, and that
most unweared and persistent and wicked
efforts were used to deceive him. As soon
as the opinion of even one house of con.
gress was expressed, he acquiesced at once,
and directed the departments to recognize
Garland as governor.
LUKE p. POLAND.