Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-04-20
THE LOUISIANA CASE.
An Able and Exhaustive Review
Of Its Legal Aspects.
BY Hon. TEOs, y. Cooley, Author OF
constitutional Limitations"

AUrl No southern Law lNEfatNs
With the close Of this great rebellion
the United States Jook what, in some re-
sDacts. was a new departure in free govern
ment. Whittier does It lead Us? Perhaps
q consideration Of the case Of d STATE, if
it shall fail to answer for us this question.
will Il least furnish US occasion for seTi- us
reflection.
The State of Louisiana was admitted to
representation in Congress by al act Of
that body passed June -, 1865. The sole
condition imposed by the act, was that the
State should ratify the 18th amendment p
the Federal Constitution, and this was
complied with July 5, 1865. On the thir-
teenth day Of the anne month military Iu.e
was withdrawn from the State in full
recognition that the Stale had complied
with all the requirements to complete
restoration to its rights as a sovereign Stale
in the Union, In November Of that year
its vote for HOratiO Seymour for President
was received and counted by vote Of the
two houses Of Congress. Its State officers
elected in that year took possession and
held their Offices for the regular term, and
an election for representatives and for one
State officer took place in 1870, and the
latter was installed in Office, and held for
The constitutional period. new election
took place in November, 1872, at the same
time with the choice of Presidential Elec-
tons.
State elections, which involve a possible
change in the whole personnel Of the TX
ecutIye Department, and the whole Of one
house of the Legislature, are likely to
bring out a good deal Of caUueStnCss Of
feeling, and # The election premises to be
- --r.1H- -EHa-InT rr-fFE morn Hnr
less excitement, which in some countries
might threaten danger. Especially is this
the case if a Presidential election takes
place at the same time, the result OF which
may possibly be determined by the
vote of a single State. But the train
inc of u people in reverence for
law, and their high regard for the sacred
right to a free expression of public senti-
meut al the polls, are usually relied upon
with entire confidence TO carry us with
safety ana without serious instances Of IN
fairness through all such periods OF earnest
interest and excitement. We are not
aware that by the public at large anything
different was looked for as likely 20 result
from the election la Louisiana in 1872.
That peaceful a~nlicipations were not IL
duIeed I'M all quarters, however, is evil
dencsd by the following order transmitted
from Washington by telegraph, and by the
events which followed, showing that it had
reference to this election:
a~DErAnrNEST or JUSTICE, Dec. >, ls72-S-
b. Packard, Esq, United States Marshal. New
Orleans. Louisiana: You are To enforce The de-
crecs and mandates Of the United states courts,
no matter bv whom resisted, and Gen. Emory
will furnish you with all necessary troops Tor
that purpose. GEo. D. WILLIAMS -
Attorney General
On the face Of this order there is nothing
10 indicate that il was anything more than
an ordinary direction to a ministerial OH
Ger to take care that the process lawfully
issued TO him is lawfully executed and
obeved. To the general public It would
have conveyed no intimati0n that revJiC-
fiOuarv proceedings WeEe contemplated Il
feared, and the only wonder would have
baen that the Attorney General should
deem II necessary 10 speak Of troops IN con-
Decfion with the service Of judicial pIO-
oass. whenthe public could have no reason
IN sunp0sa or suspect that anything bu.
paacalul obedience would be shown when
lawful process was exhibited. As, how
ever. the order was unusual, and II was
communicated in a method no. we'll suited
20 convey official directions, u not usual
Nv resorted 70 except in cases OF urgency, IL
is reasonable 10 suppose thai 10 must nave
had reference 10 process which the AtoI-
nev General had cause TO believe vas TO be
issued, and which il might be anticipated
would be opposed by force too great to be
overcome by the arm Of the civil authority
What was this anticipated process?
81 the election in the preceding month
Joha MCEnery and ". J.. Kellogg headed,
rasgesssfly, the tickets supported by the
opposing larties, as their candidates fol
E0vern8-. ELe former represented what
was called the Conservative, and the lattal
What claimed to be the Republican party
The former had the support Of Gov. War.
moth. the incumbent. In consequence o.
proceedings, which it is not necessary herr