The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-01-21

ings OF the Returning Board for said cleo
ton which may not be found in its re-
port, which has been published. But 1t IL
matter of public information that
great part of the time taken to canvass
the votes was consumed by the argu-
ments of lawyers, several of whom repre-
sented each party before the Board.
have no evidence that the proceedings OF
this Board were not in accordance with
the law under which they acted. Wheth-
er in excluding from their count certain
returns they were right or wrong, is
question that depends upon the evidence
they had before them. But 1t is very
clear that the law gives them the power,
If they choose TO exercise it, of deciding
that way, and prin,a tacie the persons
whom they return as elected are entitled
to the offices for which they were candi-
dates.
Respecting the lleged interference by
the military with the organization of the
Legislature of Louisiana, on the 4th inst''
/ have no knowledge or informa ion
which has not been received by me since
that time and published. My first in
formation was from the papers of the
morning of the 9th of January. | did
not know that any such thing was antic-
pated; and no orders nor suggestions
were given to any military officer in that
State upon that subject prior to the occur
renee. am well aware that any militia
nv interference by the officers or troops
of the United States, with the organiza-
ton of State Legislature, or any of its
proceedings, or with any civil depart
ment of the Government, is repugnant to
our ideas of government. | can conceive
of no case, not involving rebellion or in
surrection, where such interference by
the authority of the General Government
ought to be permitted, or can bejustified.
But there are circumstances connected
with the late legislative imbroglio in
Louisiana which seems to exempt the
military from any intentional wrong in
that matter. Knowing that they had
been placed in Louisian to prevent do
mestiC violence, and aid in its suppress
sion, the revolution was apparently,
though, it is believed, not really, aban-
doned, and the cry of Federal usurpation
and tyranny in Louisiana was renewed
with redoubled energy. Troops had been
sent to the State under the requisition OF
the Governor. AS other disturbances
seemed imminent, they were allowed to
remain there to render the Executive
such aid as might become necessary to
enforce the laws of the State and repress
the continued violence which seemed
inevitable the moment Federal support
should be withdrawn.
Prior to, and with a view to the late
election in Louisiana, white men associ-
ated themselves together in armed bod
les, called White Leagues, and at the
same time threats were made in the
Democratic journals of the State that the
election should be carried against the
Republicans at all hazards, which very
naturally gre tly alarmed the colored
voters. By section eight OF the act OF
February 2S, 1871, it is made the duty
of United States Marshals and their dep
uties, at polls where votes are cast for
Representatives in Congress, to keep the
peace and prevent any violation OF the
so-called enforcement acts and other Of
fenses against the laws of the United
States. Upon a requisition Of the "ar-
shall of Louisiana, and in view OF said
armed organization and other portentious
circumstances, | caused detachments of
troops to be stationed in various lOcali-
ties of the State to aid him in the per-
formance of his official duties, and aid in
the enforcement of the State laws The
officers and troops of the United States
may well have supposed that it was their
duty to act when called upon by the Gov
ernment for that purpose.
Each branch Of "A Legislative assembly
is the Judge of the election and qualiii-
cations of its own members, but il mob
or BODY of unauthorized persons seize
and hold the legislative hall in tumul-
tuous and riotous manner, and so pre-
vent any organization by those legally
returned as elected, it might become the
duty of the State Executive to interpOse,
if requested by a majority of the mem
bers elect, to suppress the disturbance,
and enable the persons elected to organ
ize the House. Any exercise of this
power would be justifable bleunder the most
extraordinary circumstances, andi would
then be the duty of the Governors to call
upon the constabulary, or, If necessary,
the military force of the State. But with
reference to Louisiana it is to be borne in
mind that any attempt by the Governor
to use the police force of that State at this
time would have undoubtedly precipita-
ted a bloody conflict with the White
League as it did on the l4th Of Septem-
Der. There is no doubt but the presence
of the United States troops on this occa-
sion prevented bloodshed and the loss of
life. Both parties appear to have relied
upon them as conservators of the public
peace. The first call was made by the
Democrats to remove the persons obnox-
ious to them from the legislative llall and
the second was from the Republicans to
remove the persons who had usurped
seats in the Legislature without legal Ger
tifcates emitting them to seats, and in
sufficient number to change the majority.
Nobody was disturbed by the military
who had legal right at that time to oc-
cupy seat in the Legislature, That the
Democratic majority of the House under
took to seize its organization by fraud and
violence; that in this attempt they
trampled the laws under foot; that they
undertook to make persons, not returned
as elected, members, so as to create ma
jority; that they acted under a precon-
certed plan and under a false pretence,
introduced into the hall men to support
their pretensions, if necessary, and that
conflict, disorder and riJtous proceedings
followed, are facts that seem to be well
established. And am credibly inform
ed that 'hese violent proceedings were a
part OF premeditated plan to have the
House organized in this recognize what
has been called the McEnery Senate, then
to depose Governor kellogg and so revo-
lntionize the State Government.
Whetherit was wrong for the Governor,
at the request of the majority of members
returned as elected to the House, to use
such means as were in his power to de-
feat these lawless and revolutionary pro-
ceedings, is, perhaps, a debateable ques-
ton But it is quite certain that there