National Republican. (Washington City (D.C.)) 1872-1888, 1875-08-05

and this envolves the endorsement OF the or
ders, DEGREES, and judgments of the courts Of
the United States, But, by the PROVISIONS of
, the act Of 1870, 1t would seem that the United
States marshall has right to,sumunon upon
the instant 8 portion Of the land or naval
forces Of the United States, without previous
authority from the President, to enforce the
orders or precepts of the courts" lg 81
= This definite explanation shows exactly
how military aid was originally invoked,
and it is within the memory of all that after
it had been invoked, the President with
Characteristic desire to, preserve peace Or
prevent bloodshed, ordered that the troops
should support those persons, who had been
duly recognized as officers Of the State by
the courts, in their attempts to retain pos
session Of their Offices. He could not have
done less than this in compliance with the
requirements ola stern and unpleasant
duty, and did not attempt to do more. II
he had failed to do It, however, he would
have been liable to the charge of usurpation
himself, and those Of his enemies who were
not devoted to the success Of the anti
Kellogg party at any hazard, would have
denounced him for not sustaining the courts.
As 1t was, Senator Carpenters report to
which the Times alludes, contains the fol.
lowing indirect though satisfactory in
dorsement OF bis course
"The people Of the State are about equally
divided IN sentiment in regard TO these two pre-
tended governments. The people Of New
Orleans, which 10 the seat Of government, sup
port the McEnery government, two to one /;
and It is believed that II Federal support were
withdrawn from the Kellogg government It
would be Immediately supplanted by the
McEnery government. The people of the State
us body, neither support nor submit TO either
government. Neither government can collect
taxes, for the people have no assurance that
payment 10 one Will prevent collection by the
other government. Business Is interrupted,
and public confidence destroyed, and should
Congress adjourn without making provision
for the case, one of two things must result
either collision and bloodshed between the
adherents of the two governments, or the
President must continue the support Of Fed
ersl authority TO the Kellogg government"
1t will be remembered that Congress did
adjourn without making provision for the
case !" and that the President followed
Senator Carpenters advice In continuing
"the support Of the Federal authority to
"the Kellogg government" 1t should be
understood that this advice was based upon
the assumption that the Kellogg govern.
ment, notwithstanding that II may have
been an usurpation, was the de Jacto gov.
eminent. All the reports, except that of
Mr.. Morton, agree to the absence of dc
jure government. On this point Mr.. Nor.
ton says: ......
"The Kellogg government is fact, and its
legality is sustained by the judicial tribunals Of
the State, and It is In active operation In all Its
departments without actual resistance any
where. The McEnery government exists only
on paper. McEnery, and all those claiming
office under II, have never been returned as
elected by any person having authority under
the laws Of Louisiana"
Even Mr.. Hill, Of Georgia, the Demo-
cratic member of the committee. In his re-.
port admits the de |acto character of the
Kellogg government, an admission which
Is of more than ordinary importance con.
sidering the fact that its author was q
Southern Democrat. We extract from his
report;
"In the light Of policy, it would seem better
In deciding that o government foully and
fraudulently set up by the dat OF Judge shall
stand, becEuse 1T Is de Jacfo government;
that no dlscredit should be cast upon the In
tegrity or intelligence OF the magistrate"
We have taken the trouble TO 60 thus ex-
tensively into the history Of this much
talked-of and llttle-understood Louisiana
imbrogllo, TO show three things; first that
the Times was mistaken In It's assertion;
second, that the President did not interfere
except TO maintain dc Jdcto government
after II had been recognized by the judi
ciary, and then that his acts were Ia plain
pursuance Of constitutional requirement.
and third, that no record OF dlsappfoval
Of his acts appears In the report referred TO.
with Judge Dufell's action this discussion
eati have no e6hheeti0h. A Republican
Congress, sustained by The President, has
f6uhd d verdict IN HE Ease, ana while there
fhay be d difference 6f opinion regarding
he e6ifse, IL will be admitted that, IN view
Of Mr., A8fteR's espiaHati8ay The military,
independent Of the Presidents orders, Was
bound 10 sustain HIM. that explanation Il
mere explicit on this point eVehp than the
quotation We have given above, ~ the hBl=
lGWiRG extract will sh8w
M Was Hgt faF the bHltga slates MARSHAL or
igE Tbs President " EeVleE. ths agelslgpl and
gFllaF M dHaRG hHFalli and deleFHlBp NhelbeE
ha he'd etFeRaed hlI lAFlsdglleh, HItha. l1lh
Ieellga III thp Api N, lsfiI gRlgf Nhlgb daasp
HHTRll had AsslmRd IHrltIlgllgH M lha aail,
u u laalafrd w he ms AHlT NJ oil MaFshalI
and dRBHlY MARSHALL w Hh and ptHgHip al
NHtfalils AID preeapts lssHsa HndaF Illa Pla;
visions NJ Ibis aei WbnN w llHm alrskpd
and lhal they shall hayg sHlhpflly w sum
mpn end call w thplr cid ihs byslAhdefA 10
ppsN rpllilaipp 81 lhe pfapef haHhly, NJ such
p9Hi0p vi The land NJ laval flfghk NJ ihs
IHiled States, ~ VI Lhs militia, ~ may lie
hefesiaIJ " The RsfiefmsHee ef Tie duly With
Whleh HEY are charged"
On the whole, We lAlHk the Times ID In
duty bound 10 bring further proof OF IL
charge thai President Grant has Illegally
iRteFfeFed with any Southern State govern
meHt, II II dees not do this, We submit
that IN justice TO itself and ils readers, the
charge should DO Withdrawn o. publicly