Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1875-04-07
Letter from Judge Poland.

The ST. Adams Adceriser publishes the
following letter from Judge Poland. We
copy it as expressing his views on the i'm
portant questions involved
a. do not understand that Mr. Edmunds' action
in the Pinchback is at all in conflict with any
action the President has taken, or in conflict with
any position the Republican party has ever
sumed in that case or any other
Kellogg and McEnery both claimed to be elected
governor Of louisiana. Each was trying TO get
into possession OF the office by evsry legal device
or by force II necessary In this condition KEEL
logg was put in possession by an order Of the
United States Judge. A conflict Of arms was i'm
minent and both sides appealed to the President,
and he must either interfere to keep the peace or
let them fight it out lie could not well wait to
review the legal proceedings before acting and so,
for the time, he decided to uphold Kellogg in the
place. He, however treated this a mere tenn
porary 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. lie did
not undertake to decide anything; he merely up
held the man In possession until II should be de-
cded. 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 recognizing Baxter as governor
OF Arkansas, because he was In possession under
the form Of legal induction. The committee ex-
press their approval Of that action and their con-
illusions were in entire harmony with the Presi-
dents original action
But the Arkansas case bninched 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 revolution
airy, as to justify the national government In
stepping in and setting 1t aside and oyerthrowlng
peaeeable government existing under 1t.
The committee were clearly OF the opinion 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 "A believe, in
entire harmony with the general sentiment of the
Republican party. think the President was en-
tirely deceived in regard to the facts OF the Aran
sas case. Washington was full OF Arkansas refu-
gees all winter, and 1t was a matter of political
life or death with them, and they were by no
means scrupuous as to what they said. My ac-
ton in that matter was, think, required by the
painest principles of constitutional law, and by
the principles of the Republcan'pary. So far as
the President held different views, think they
were caused by an erroneous view of the facts,
and that most unwearied and persistent and
wicked efforts were used to deceive him As soon
as the opinion OF even one House Of Congress was
expressed he aoquiesced at once, and directed the
departments to recognize Garland as governor.
LUKE p. POLAND"