The daily gazette., 1875-01-18
The Law AND THE FACTS IN
lOUiSlANA.
'yb he Ndtfor.

F'rvBs The NdtfoH.
We wish it were possible to discover
some excuse, We will not say for the
recent interference of the Federal
troops with the organization of theLe.
gisiature of Louisiana-of course sub
ordinate military commanders arc
everywhere liable to make Mistakes
but for the failure of the President and
his Cabinet to telegraph aprompt tiisa-
vowal and rebuke of II as soon as the
news reached them. But we have, af-
erdiligent search, been unable TO light
upon anything that can put good face
on it, and we propose now to lay be-
fore our readers what we honestly be-
lieve TO be the pertinent facts of the
case, without extenuation or malice.
1t Is, in the first place, to be observed
that the situation in Louisiana which
led to the recent events cannot have
taken the Government ic Washington
By surprise. The situation is in all cs-
sential features more than three Years
old. The character and relations of
the principal actors in it have becn
long known. The liability in particu-
lar, of the L $. troops to be used for
unlawful or improper purposes by one
of the contending factions, is TACT
which was brought home to the Presi-
dent in 1872. In that year the Kellogg
faction procured al order from L nj
ted States judge, and called on the
Federal troops to execute it,and under
1t these troops took possession of the
State House and organized the State
Legislature admitting nobody to the
Assembly but such persons as theUni-
ted States marshall pointed out. This
order was examined by a committee OF
the Senate and pronounced ''rcprehen-
sible and wholly void on its face and
all the proceedings taken under il null
and outrageous Moreover, the i'm.
peachment of the judge who issued it
was recommended by committee of
the House, and he resigned office to es
cape trial, and has lately in this city
denounced his own acts himself and
thrown the blame of them on 'thc
politicians.
The President was, therefore, fully
aware of the special dangers of the
crisis al New Orleans, but seems to
have taken no precautions against the
repetition of the occurrences Of 1872,
and to have issued no fresh instruc.
tions to the military officers more eA-
actly defining their duties. Accord
ingly, when the day came for the new
Legislature to meet, Kellogg seems TO
have been still under the impression
that he could have the assistance of the
troops in controlling" ii. as the poll
ticians say, and the troops seem to
have received no warning as to the
nature and extent of their relation 10
him
Now, it will not do 10 say that..ha or
they supposed that the proclamation is
sued by the President on the 18th Of Sep
tember. directed against the persons
who had overturned the Governmentby by
force of arms, was still in force. That
proclamation was called forth bv o |
state of things which had totally cea-
sed to exist. The domestic violence"
which had justified it was at an end.
Kellogg was again in possession of his
their posts; an election: had been held
for the State officers; the lawful Re
turning Board had counted the votes,
and the committee sent down by Con
gress was peaceably sitting in New
Orleans inquiring into the political
condition of the State, for the infor-
nation Of the United States legisla-
ture. There was no disturbance or
disorder of any kind. Kellogg had
made no fresh cali ffor Federal aid and
the civil police were not resisted, and
the courts were sitting, and the Legis-
lature which, and not the Governor
as Mr.. Evarts forcibly pointed out at
meeting last Monday night-consti-
tutes the State Government, could be
and was convened. In short, the state
of things had all the marks and tokens
of peace, as that term is used by the
Constitution and the laws. If crime
was rife, it was crime of kind with
which the State Government is compe-
tent and bound to deal Nevertheless,
preparation was made for the meeting
of the Legislature by occupying the |
State House with Federal troops and
it for siege, and the men,
bers actually entered it through lines
of scntries.