The New York herald., 1877-02-12
wn.. WIN n. Don. with Lou,.,an.


The supporters of Mr.. Tilden, though
disappointed and chagrined, are not brought
to despair by the adverse decision in the
case of Florida. They do not quail under
their first defeat
Nor bate a lot
or heart or hope; but still boar up and steer
Right onward
They affirm that the cases of Florida and
Louisiana are SO different that it is not
to be expected that the rules by which the
first was decided can be held to apply also to
the last, and they maintain. therefore, that
the commission, whose duty is to examine
the votes" of the State, will at least make an
attempt to obtain an intelligent notion OF
the facts.
The order or rule which was adopted in
regard to Florida applied to State which
had enjoyed self-government; whose people
might be reasonably held responsible tor
their own acts and for the acts of the
officers, including the Governor and Return
ing Board, whom they had chosen by their
votes. But how stands the case in Louisi-
ana? The people Of that State elected
neither the Governor whose certificate pre-
tends 10 authenticate the acts of the Hayes
electors, nor the Returning Board which
counted in those electors. The people OF
Louisiana have not, since 1872, enjoyed a
government of their choice. This is noto-
rious fact. Governor Kellogg, the State
officers and the Legislature acting with him,
were imposed upon the State of Louisiana
by federal military forces, acting upon the
midnight order" of the federal Judge
Durell--an order which was SO contrary to
law that to escape impeachment for having
issued it he resigned his judgeship. The men
thus put in power over Louisiana have been
maintained there by federal troops ever
since. Their right to the places they
usurped has never been asserted by any
branch of the federal government. The
President said he did not know who was
| elected. The Senate refused TO admit Mr..
Pinchback when he came with certificate
of election by the usurping Legislature
and from the usurping Governor. The
people of Louisiana have never ceased to
protest against the usurpation, and it is
notorious that the whole so-called State
government would disappear of itself If
| the federal support were removed 1t has
never had any root among the people of the
| State.
| Now, Kellogg thus forced upon the peo-
pie of Louisiana against their will, and
whom they have never acknowledged, signs
the certificate of the Hayes electors. The
Returning Board which counted in those
electors was framed and chosen by the
usurping Legislature; was made self
perpetuating by that body, which
had not even the lawful authority
to create it; has been detected
and exposed in the commission Of gross
frauds upon the voters of the State since
then by a committee sent by republican
House of Representatives, and in its present
action, in counting in the Hayes electors.
has openly violated even the law, or pre-
tended law, Of the usurping Legislature
which created it. The president of that
Returning Board, Wells, was exposed by
the Congressional Committee of 1875 for
having sworn to matters, in an affidavit, of
which he had to confess he had no knowl-
edge. If the commission should accept
the certificate of Kellogg and the acts of
his Returning Board it would be the
very first time that any branch of
the federal power has directly ventured
to declare that usurping government legiti-
mate. It would do an act which neither
the President nor the Senate has judged it
right to do. The democrats believe that, how
ever partisan spirit may rule the Senators
and Representatives in the commission, the
Justices of the Supreme Court will hesitate
before so grave IN act, and will refuse to
declare valid, and much less final and con-
elusive, the acts of body of men who de-
rive their authority from fraud and violence
which are infamous in our history and who
have never exercised substantive power in
the State, but have openly confessed that
they existed rs rulers only under the con-
tinual protection of federal soldiers. They
before these judges they will prefer, at least,
to throw out the vote of the State. They
will say to the people of Louisiana:-''We
will not do you the injustice, the wrong, to
ignore your protests, or to legitimatize the
usurping conspirators whom neither Con-
gress nor the Executive have thought it
right to thus habilitate."
But suppose that SO monstrous wrong
should be attempted as to recognize
these persons rs having lawful and
rightful authority to rule over Louisiana
even then the commission will not
the democrats believe, venture to justify
and accept the unlawful and fraudulent acts
by which the Returning Board caused tt
disappear from the poll lists majority o
ten thousand cast for Mr.. Tilden, and t.
substitute in its place pretended majorit.
of several thousand for Mr. Hayes. The.
cannot touch the proceedings of the Boart
anywhere without coming upon wrong o