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

General SnerluallS report on lue l'ou
isiana case is published, and the mate
rial facts reported TO the Secretary OF
War are these:
During the few days he was in New
Orleans Immediately before the assemb-
ling of the Legislature, the scenes of
bloodshed, liable to occur on that day,
formed "the general topic of CONVERSE
ton" With whom or between what
parties this conversation took place he
does not say. He does, however, report
that he repeatedly heard threats of as
sassinating the Governor and the Re-
publican members of the House in order
to secure Democratic speaker, and that
he knows of the kidnapping of one
member, Cousin, "by the banditti." If
the Lieutenant General were an eye
witnesses of these threats to take life, it
is to be regretted that the offenders were
not at once judicially arrested, placed on
trial for the offence, and that those, of
'the banditti," who assaulted and for
cibly abducted Mr. Cousin, were not, if
known, complained of before police or
other magistrate.
He also reports that Governor Kellogg
required General Emory to station troops
convenient to the State House, and the
latter obeyed. He does not state why
General Emory obeyed the Governor.
"0wing to these precautions" the
Lieutenant General asserts, "the Legisla-
ture assembled" This is an important
fact. "One hundred aud two legally re-
turned members answered to their
names. Of this number 50 we're Repub-
licans and 50 Democrats" On this testi-
mony the Legislature of Louisiana was
legally assembled, within the meaning
of the law of Congress authorizing the
President to assent to its application for
military force to suppress insurrection
or enforce obedience to law, And while
in session, the law is that the President
cannot furnish military aid on the Gov
ernor's application alone.
General Sheridan says in his report
that the so Democrats unlawtully organ
lied the House and appointed officers;
that most of the 81 Republicans left the
body; that the sergeant-at-arms tried to
prevent them going and others entering;
that Several exciting scuffles took place"
in which knives and pistols were drawn;
that the House by vote invoked the aid
of General De Trobriand, who. "by few
words restored peace"
After this restoration of peace the Re-
publicans generally left the hall. Fifty
two of them petitioned Governor Kel-
logg and asked his aid. He requested
the commanding General "to aid him
Kellogg in restoring order and enable
the legally returned members of the
House to proceed with its organization
according to law" There was no disor-
der or disturbance of the peace then in
the House, but the military did then and
there assist the defeated so to recover
the organization of the House which
they had lost A military posse was
furnished to the Governor, and under
his directions certain persons identified
by him were elected by force from the
House upon the mere charge that 'they
had been illegally seated, and had no
right to be there" Or, in other words,
upon the Governors assertion of the, il
legality of their election, these persons,
seated by the Legislature de facto, were
arrested and expelled while acting as
" ~.
This is the case as stated by General
Sherid n.
Now, was the body presided over by !
Wiltz,a legally constituted legislature, de
jure or de tacto? In either case, what
legal authority had the Governor over it?
1t is plain that under subsisting ma
tional laws the President cannot, on the
request of the Executive, furnish troops
to aid the civil power of State unless
'the Legislature cannot be convened"
If disturbances had actually arisen in
New Orleans, and for the first time,
could the President, with the Legislature
in the condition it was when Kellogg on
that day applied to the commanding gen
eral for troops, have furnished them on
the request of the Executive alone, if
that request had been sent to Washing
ton? Must he not have replied that the
Legislature either was in session or could
be convened? Wha', last Monday, after
the Legislature assembled in the State
House, without any disturbance of the
peace" as Sheridan reports, was "the
of Louisiana? Who were in
against it when the troops
entered the House? Who were then
unlawfully against the exc
cution of the laws? Who were the Sin
to be called on by the Presi-
dent, under the law of 1895, "to retire
peaceably to their respective abodes," as
a condition precedent of his using mill
tary force against them2 Where was the
tumult at that moment, and who made
it? Where, except in case of actual re-
volt against the Federal Government,
does the President get authority tn use
troops against an assembled LegislatureP
Were the circumstances against which
General Sheridan moved the army any
thing but dispute over the legality of
preliminary organization, or over con-
|