The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1875-04-13
A Letter from Judge Poland.

An extract from private letter from
Judge Poland to one of his political aud
personal friends appears in print, in
which the Judge says:
IL do not understand that Mr.. Ed.
munds' action 10 the Pinchback case is at
all 10 conflict with any action the Presi.
dent has taken, or in conflict with any
position the Republican party has ever
assumed in that case or any other
kellogg and McEnery both claim to
be elected governor Of Louisiana. Each
was trying to get into possession of the Of
fec by every legal device, or by force, if
necessary. In this condition Kellogg
was put in possession of an order Of the
U. S. Judge. y conflict of arms was
imminent 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 lie.
gal proceedings before acting, and so for
the time he decided to uphold Kellogg
in the place. lie, however, treated this
as a mere temporary thing, aud called at
once on Congress to act in the matter and
decide what ought to be done until Con-
gress took action the President could
hardly do otherwise than he did. He
did not undertake to decide anything he
merely upheld the man in possession until
it should be decided. When the ques.
ton was up in any form for decision in
Congress, taking one side or tho other OF
it was in no conflict with anything the
President had done. The President a3t.
ed on the same principle in recognizing
Baxter as governor Of Arkansas, because
he was in possession under the form OF
legal induction. The committee express
their approval Of that action, and their
conclusions were in entire harmony with
the Presidents original action.
But the Arkansas case branchcd of
into another channel, and the great ques.
ton was whether the new Constitution
adopted by the people of that State was
so far either fraudulent or revolutionary
as to justify the National Government il
stepping 10 and setting it aside, and over
throwing peaceable government existing
under it.
The committee were clearly of the
opinion that it was wholly out of the
proper jurisdiction ofthe national govern
ment. The President was made to think
otherwise, and there, of course, differed
with the President. But our action wa,
wholly in harmony with his first action
and as ! believe in entire harmony with
the general sentiment of the Republican
party. | think the President was entire
ly deceived in regard to the facts of tn,
Arkansas ease. Washington was full o
Arkansas refugees all winter, and it wa
a matter of political life or death with
them, and they we're by no means scru
pulous as to what they said. My actor
in the matter was, think, required by
the plaincst principles of constitutional
law, and by the principles of the Rcpub
lican party. So far as the President helC
different views, | think they were caused
by an erroneous view Of the facts, and
that most unwearied and persistent and
wicked efforts we're used to deceive him
AS soon as the opinion of even one House
of Congress was expressed, he acquiescet
at once, and directed the departments tC
recognize Garland as governor.
LUKE p. POLAND.