New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-20

plished, and presented it to Governor Kel-
logg for his action. do not think he took
the strictly correct course, though, in deal
ing with the men who had attempted by the
means described to secure the control of
the Legislature of a State, honest men will
not be overnice in requiring the observance
of technicalities. He should, however, in
| my judgment, have advised these members
to take with them the old clerk, aud go
again to the House, and direct him to call
the roll of members. with view to law
full organization. Had they been resisted
in this, he should have employed the force
| of the State to aid them; and had this been
insufficient, he should have called upon the
| military force of the United States to pro-
tect the State from domestic violence, for no
violence can be more destructive to a State
| than that which seeks to prevent the meet
ing and lawful organization of its Legisla-
ture. That in such case he would have
been strictly correct in making this require
ment can not be doubted, for he may make
1t when the Legislature can not be convened
and it clearly can not be convened when it
can not be organized.
Instead of pursuing this, as l think,
strictly regular course, the Governor, as the
Legislature could not be convened, called
upon Colonel De Trobriand to remove from
the hall the five members, without whose
presence and aid there would have been no
pretext for the pretended organization, or
for the substantial expulsion of the major
ity. Under these circumstances, that officer,
of course without consultation with the
President, removed those persons from the
legislative hall of the State, but not from
q legislative body Of which they were men,
bers. 1t should be borne in mind that when
the Governor of State calls for aid
under the provisions of the constitution of
the United States, it is generally in an emer-
gency, when delay may be fatal, and the
officer upon may generally, it is submitted,
rely upon the requirement Of SO high an
officer called as well-founded. Should it
prove otherwise, the officer, in doubtful
case, will hardly deserve the censure of his
government, although his act may be disa-
vowed. And in this case the President,
acting on the advice of wise and prudent
cOunselOrs like the Secretaries of State and
OF the Treasury and others, may conclude
that the case presented by the Governor Of
Louisiana was not within the constitution,
and even if he should, few honest and |
peaceful citizens will regret that turbulent |
and revolutionary men were checked by |
wholesome, though misapplied force. And, |
moreover, it should not be forgotten that,
situated as our federal officers were-sur- |
rounded by armed White Leaguers, the air |
filled with threats and rumOrs of violence |
and bloodshed, which even the fearless
Sheridan avOws were, as he believed, i'm
minent-but little time could be taken for
elaboration, and the officer commanding
would hardly be justified in refusing to act |
on the reGuisitiOn OF the Governor unless |
he clearly saw that the action required was
unlawful or holly unnecessary.
My purpose in what l have thus hastily
written has been mainly to establish that
the statement deliberately put forward that
q State Legislature, peacefully assembled,
had been wantonly dispersed by orders OF
10 ytfo init H., |
ton. Such an act would have been wholly
without excuse: indeed, crime without
Justification. We have seen that there was
no Legislature. but body of men who had
obtained and held their places in legisla-
tive hall by violence and fraud. We have
seen also that the President could not
have ordered, or until all was over, have
10 have hastily disapproved of them
without official information of what was !
have been up]ustifable and
detection upon that officer. / certainly
nave no sympathies with Governor Kellogg,
lis career or character; nor have l any
aspect tor his Judgment or for his purposes.
But, at the same time, ] can not believe
n the innocence or peaceable purposes of
lis political opponents. who, no longer
nce than last September, forcibly over
urned his administration and took control
# the State That their later purpose has :
'een to obtain its control by an exhibition {
# less force and more chicane, fraud and
management, / do not doubt, and these
hey have employed, believing. as l sup
'Ose, that they were appropriate
Weapons against what they regarded as
he frauds of the Returning Board. But :
With all this we have nothing to do in de-
ermining whether we shall or not condemn
he highest officer in the nation for an act
erformed by his subordinate, upon the re-
uirement of the Governor whom these {
ersons are struggling to overthrow. I'll $
ill probably appear when the acts and : :
riders OF the President are known that q
is directions to the federal officer IN COM
land have been framed in careful COM
lance with the constitution, and in har-
lony with that strong indisposition, as ex- {
ressed in his message, to interfere in the t
cal affairs of State unless clearly within y
10 law, and in case of the strongest ne =
,ssity. E. w. STOUGHTON. +