The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-02

We approve of the action of the House yes
terday in the Louisiana case, not as right in
itself, but as expedient under the circum-
stances As Kellogg was never legally elected,
but was made Governor by the indefensible
order of federal judge who overstepped his
jurisdiction and was hastily supported by the
President, there is nothing to be said in de-
fence of his title or its merits. But since it is
more important that Louisiana should have
peace and tranquility for the next two years
than that Kellogg should be put out we are
not sorry that Congress has undertaken 10
settle the question and put an end to this dis
turbing controversy We hope that the two
resolutions which passed the House yester-
day-since nothing better is attainable-may
also pass the Senate and prevent recurrence
of attempts, like that made last September, to
put Kellogg out by violence in any accidental
conjuncture which may excite hopes OF sue
cess. It is for the public interest that all
disputed questions should at last reach
definite decision and be taken out of the
arena. This is the theory on which our courts
of justice are organized. Courts Of last resort
are not infallible; their adjudications some
times do injustice to lihgant parties; but 1t
concerns the peace of the community that con-
troversies be not kept open forever. When,
therefore, the final court of appeal has decided
case it can never be reopened although it
may be evident to sound lawyers that the
decision was erroneous.
The two resolutions passed by the House
yesterday in relation to Louisiana matters
embody taken together, the substance of the
compromise accepted by majority of the
Louisiana caucus, but since assailed by SO
formidable local opposition as to make it no
real settlement. The HERALD has favored and
supported the compromise, because it believed
that if cordially accepted, it would put an
end to- strife and insure tranquility
in the State until the citizens
can right themselves by q new cleo
ton. The basis of tho compromise is well
understood. 1t gave to the conservatives the
control of the lower house of tho Legislature,
which they won in the last election, on condi.
ton that they would recognize Kellogg as the
lawful Governor during the residue Of his
term. There has been developed SO much
local opposition to this compromise that Con-
gress could not adjourn in the expectation
that it would be acquiesced in as settlement
and the House has done wisely in attempting
to put the question at rest. The two reso-
lutions were offered together as CO injected
parts of plan for tranquillizing the State,
but parliamentary tactics were brought into
requisition to get sepaeate vote upon each.
The one recognizing the Conservative Legis-
lature was passed almost unanimously, but
that recognizing Kellogg as Governor went
through by strict party vote. There is no
reason to doubt that they will both pass the
Senate, and if they do the Louisiana question
is disposed of for the next two years. As the
practical result will be substantially the same
as would have followed from q united
acceptance of the Wheeler compromise we
sincerely trust that the resolutions will not be
rejected by the Senate. The effect of their
passage will simply be to give the formal
sanction of Congress to the substance Of the
compromise and establish it on a frmer
basis than would be possible if it depended on
mere voluntary consent.
The chief advantage Of such . settlement
consists in the estoppel it will put upon agi-
tating attempts to disturb and upset Kellogg
by violent, revolutionary methods. Such
attempts could have no permanent success
any more than the Same movement had last
September, and it is wise to preclude any
resort to abortive revolutionary methods,
which could serve no purpose consistent with
civil order. 1t being morally certain that
/ Ea1lo ~ 70 not
until the end of his term, it is better for all
interests that the controversy on that subject
should be closed and the people of Louisiana
be given period of repose. If they will be
patient and quiet they can recover all
their rights in the State election of
1876, and no evils which can come from
Kellogg temporary occupancy of Office, with
a conservative branch of the Legislature to
hold him in check, can be so great as the tur-
MOL and violence which would attend irregu-
lar efforts to displace him. It is necessary
incident of our institutions that the people
must sometimes submit to a chief magistrate
whom they would never have chosen. The
people would never have chosen John Tyler
as President, and yet they had to submit to
him for four years lacking one month Nor
would they have chosen Willard Fillmore or
Andrew Johnson to fill that high position,
but they had to endure them both. Our
national constitution and our State constitu-
tons would be practically worthless if they
did not put such restraints on executive
power that accidental incumbents, not elected
by the people, can perpetrate no fatal injury.
When Tyler Fillmore and johnson became
Presidents without the choice of the people
their only solace was to look for
ward to the next Presidential election,
the continuance of those unpopular incum-
bents being far lighter evil than resort to
lawless force to get rid of them. And, by