The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1875-02-18

did not act In the matter. The PRESIDENT
called the attention of Congress to it in
. special message. Everybody was
afraid to touch it. There was on one
eide tho prejudice in regard to state
rights; on the other, fears that ii the
govern ment lnterfered in case of that
kind, il would in other cases. These
difficulties avery man felt, AND 20 Con-
xress let i've session pass and did moth
ing.
When Congress adjourned, McEnery
took steps looking to the forcible
possession ofthe government. Governor
Kellogg then applied to the President OF
the United States, under the provision
which makes it the duty Of the United
Sta es TO protest each state against do
mes ic violence. This brings us to the
part where the administra'i ion came to deal
with this subject
The President sustained Mr.. Kellogg.
The question has been asked, "why does
che Presi dent sustain agovernment which
has been declared, by committee of he
Senate, to have been not properly elect
edF" That is very easy to answer. The
President is emily the great constable oil
the United States a. cannot administer
an oath. He cannot examine into the
legality OF an election. He cannot try
an issue of fact. He has to deal with
the appearance of things; and that is the
proper way to deal with the subject,
because The interference of the general
government for such purpose must be
by tne army and navy, When domestic
violence has reached that point that it
acquires the Intervention of the general
gofrrnment, the first thing to do is to
send he army to restore order. When
thS' has been done it is the duty of
Congress to exam ne the subject and see
which is the party legally entitled to
TIT place. He must either disregard the
provisions of law, which make it the
duty Of the President to preserve the
pubIic peace, or be must 90 and aud
what ls there, and sustain what he finds
there. The President went into
Louisiana and he found that Kellogg had
been in the office Tor over q year; that
che legislature had passed laws, and that
Kellogg had approved tnem, ard those
laws had been executed. He found a
complete de facto government; but
wbe' her it was 'egal or not he could
not settle. He had nothing to do but
TO sustain the cOnGition of things that
ex 81 there, until the courts or Congress
should determine whe her that or the
other government was entitled to posses
ion Of the state.
We had similar case in our state
once. There was o contest between
Bashford and Bars ow. 1t was decided
by the canvassers in favor of Barstcw
The Legislature met and passed bills
and he approved them, and they stand
as laws of your state to-day. Afterward
the Supreme Court decided that Bas hford
mad been elected, and not Barstow, and
thereupon Bashford entered into posses
sion Of the state government.
Slpotse, while Barstow was In office. Q
case OF domestic violence had occurred N
this state, and Barstow had applied to
the President for help. Is there any
ques ion that it would have been the
duty 0ftae President to sustain Barstow ?
Why? Because he found him there. The
President could not e. back Of that
HI must put down the commotion, and
leave the suit to progress between
Bars ow and Bashford. Alter the Court
decided in Bashford'a favor, he would
have t. sustain him. That was precisely
the condition of things at the time
the President entered the state OF
Louisiana.
Now let us come to later period, tc
the insurseetion that was raised few
days ago. Congress had taken no action
IN the matter, and no adjudication was
had. There wa an organized band Of
men marching on theIgovernment to over.
throw it, Calls were made by Kellogg
and the President went again and re-
installed him. There has been more
recently another trouble in regard
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