The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-23
THE LAW AND THE FACTS IN LOUIS.
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New York Nation Jan. al
We wish it were possible to discover some
excuse. we will not say for the recent inter.
ference Of the Federal troops with
the organization of the Legislature
in Louisiana of course subordinate
military commanders are everywhere liable to
make mistakes for the failure of the
President and his Cabinet to telegraph prompt
disavowal and rebuke of it as soon as the
news reached them. But we have, after dill
gent search, been unable to light upon any
thing that can put good face on it, and we
propose now lay before our readers what we
honestly believe to be the pertinent ia It's of
the case, without extenuation or malice. It
is, in the first place, to be observed that the
situation in Louisiana which led to the recent
events cannot have taken the Government in
Washington by surprise The stu
alton is in all essential features
more than three years old. The
character and relations Of the principal actors
in it have been long known. The liability.
in particular, Of the United States troops to
be used for unlawful or improper purposes by
one Of the contending factions, is fact which
was brought home to the President in 1872
In that year, the Kellogg faction procured an
order from United States Judge, and called
on the Federal troops to execute it, and under
it these troops took possession OF the State
House and organized the State Legislature
admitting nobody to the Assembly but such
persons as the United States Marshal pointed
out. This order was examined by commit
tee of the Senate and pronounced ''reprehen-
sible and wholly void on its face, and all the
proceedings taken under it null and outrage
ous Moreover, the impeachment Of the
judge who issued it was recommended by q
committee of the House, and he resigned
Office to escape trial, and has lately ia this
city denounced his own acts himself and
thrown the blame OF them on the politicians. :"
The President was, therefore, full aware of
the special dangers of the crisis at New Or
leans, but seems to have taken no precautions
against the repetition of the occurrences of
1872. and to have issued no fresh instructions
to the military officers more exactly defining
their duties Accordingly, when the day
came for the new Legislature to meet, Kei-
logg seems to have been still under the i'm
preston that he could have the assistance of
the troops in controlling" it, as the politi-
clans say, and the troops seem to have re-
ceived no warning as to the nature and ex-
tent of their relations to him.
Now, it will not do to say that he or they
President on the 18th OF September, directed
against the persons who had overturned the
Government by force Of arms was still in
force. That proclamation was called forth by
state of things which had totally ceased to
exist. The domestic violence" which had
justified it was at an end. Kellogg was again
in possession of his government, and his Off
GERS again at their posts; an election had
been held for the State officers; the lawful
Returning Board had counted the votes; and
the committee sent down by Congress WIS
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 mo disturbance or disorder Of
any kind. Kellogg had made no fresh call
for Federal aid, and the civil police were not
resisted, and the courts were sitting, and the
Legislature which, and not the Governor -
as Mr.. Evarts forcibly pointed out at'the meet
ing last Monday night-constitutes the State
Government, could be and was convened
In short, the state Of things had all the marks
and tokens Of peace, Us that term IS used by
the Constitution and lars. If crime was rife,
it was crime of kind with which the State
Government is competent and bound to deal.
Nevertheless, preparation was made for the
meeting of the Legisa ure by occupying the
State-House by Federal troops and preparing
it for a siege, and the members actually en-
tered it through lines of sentries.
Under these circumstances, the Returning
Board, after two months examination, made
out a list Of persons elected members of the
General Assembly. Our belief is that that
list was fraudulent, but for the purposes OF
this discussion we are willing to admit that
it was honest and correct. We would warn
the reader who has accompanied US thus far,
4 that fhnrQ
a/kthing novel or mysterious about this
lard, or that there is anything in its func-
tions which makes the organization OF the
Legislature in Louisiana process in any way
peculiar, or takes it from under the ordinary
rules of parliamentary law. The Returning
Board differs in no essential point from the
Board of State Canvassers in this State, ex-
cept that it has the power of inquiry into the
regularity of the election. 1t simply can
vases and complies" the statements OF votes
sent in by the Commissioners OF Election,
decides prin,a facie who have been lawfully
elected to the General Assembly, and makes
out list Of them.
At this point the Louisiana statute OF 1872
does differ somewhat from our law. 1t pro-
yides that the Secretary of State shall trans
init to the Clerk of the House Of Reprasen-
tatiyes of the last Legislature, the list OF per
sons SO declared duly elected by the board,
and directs the clerk to place the names OF
the persons so returned as elected on the roll
of the House, and declares that 1.-THE repre-
sentatives whose names have thus been placed
ON this roll, and none others, shall be COM
petent to organize the House of Representa-
tives" But similar arrangement exists IN
Massachusetts,, as well as in other States. In
Massachu setts, the Secretaryof State delivers
a similar list to the Sergeant-at-Arms, who
.dmits the persons named on it to the House,
of course excluding all others, and they, and
they only, are competent to organize the
House, under the presidency OF the senior
member present
Now. what rights usually enjoyed by leg,
islatures in this country and in England
under parliamentary law dld tins provision prov, .1n
of the Louisiana statute take away from the
I,onisiana House Of Representatives None
none. Article 81 Of the State
Con stitntion of 1868 provides in the usual
form that "each House of the General As