Year: 1874




Louisiana; and VIII now give you my own views
on the same subject. But having no time for
elaboration, STATE conclusions rather than argu-
ments.


The President can lawfully use the organized
physical force OF the Union to control the inter.
nal affairs Of q State only for one purpose-to de-
Tend 1t against domestic violence, that is, so sup
press insurrecuon against the State government
This he cannot do unless called upon by the
Legislature by the Governor, when the Legis.
lature ts not IN session. The constitution OF the
United States and the acts OF Congress carefully
conflne his intervention TO cases OF this kind. II
he may disregard these limits there are no others
to hold him, and his power is consequently
despotic.


The state Is that which stands. Irs govern
ment is '-the powers that be-" Its orlcers are
those who actually exercise its authority. 1t IL,
therefore, the call OF the de cto government that
the President must respond to- This principle
pervades all law, municipal and international
and its observance ls absolutely necessary to the
preservation OF our domestic tranquility, as well
as the peace OF the world II the President as
sists faction hostile to the existing government
with intent to drive the incumbent magistrates
from the seat OF po wer, he excites domestic vo-
lence and makes insurrecton, instead or sup
pressing 1t.


The lacts Of the Louisiana case, as think they
are universally understood since the publication
Of Mr.. Carpenter's report, are these:-A man
named Kellogg asplred to be Governor, but wholly
failed Of the election. Nevertheless he claimed
the ONCE on grounds which were not only false
and fraudulent, but absurd. He had no show
OF case before the proper authorities whose
duty 1t was to decide contested elections; but be
laid his claim before federal Judge, who made
order for MS This order destitute
OF all legal force or validity, as III had been made
by the first negro that Kellogg might have picked
up In the street. / take II for granted that the
Judge aud all the federal officers civil and military,
as we'll as Kellogg himself, knew that It was Ut
terly void 1t would be no charity to suppose
either OF them ignorant enough to believe that q
Judge OF the United States Court had any authority
or jurisdiction OF the subject matter, or any right
whatever to intermeddle with the business
Nevertheless the marshal and the commander OF
the federal troops acting In pursuance OF previous
instructions from Washington. ana with the ap-
probation of the President himself, undertook to
execute the order, expelled the officers OF the ex
istinp government anu put the pretender and his
adherents into full possession OF the State.
| Political power unlawfully obtained Is always
/ abused. The State was insuted. oppressed aud
plundered until 1t became "a vexation to hear
the report thereof" To gorge the rapacty OF the
rulers property and capital were so burdened with





mans lands, goods and money would hardly have
| been more grievous inniction. This was borne
by the body OF the people so patiently that the
spirit OF their forefathers seemed dead within
them. Their tameness was excusabe only BY two
reasons. In the FIRST place successful resistance
was Impossible while the usurper was surrounded
and guarded by the bayonets Of the federal army;
and second, they looked forward to the election
as peaceful remedy for their wrongs. But this
|
was arranging the machinery OF the regjstra-
tion to cheat them by false count of the
votes and thus keep them In subsection Tor an In
definite time. Convinced that they must rise by
their own unasssted strength or be forever
fallen, they resorted to the ultima ratio, threw or
the shackles and placed the supreme executive
power In the hands OF the man who had been
legally elected nearly two years before. Never
was revolution moro just or conducted with
greater prudence. Its success was complete; the
baseless fabric OF tyranny ell at the first rush OF
the popular movement; its chief absconded, his
familiars skunk away from his ruined fortunes, and
all over the State the official instruments Of cor
ruption yielded their places to the appointees OF
the lawful government. Louisiana was free aud
every friend OF liberty and justice in out OF she
state rejoiced over the fact But the President
wrathfully determined to put the yoke back again
on the neck Of the state. To that end he sought
out Kellogg In his hiding place; again expelled she
true Governor and again forced the submission OF
the people to the same adventurer whom he had
aided BEFORE


the unconstitutional character OF the Presidents
frst act, when he everthrew the then existing
governments and puS Kellogg In the executive
chair by mere force, is admitted both by Mr..
johnson and 0'Conor. It would have been wonder
fuL indeed, n either OF them had attempted to
justify so plain and papable q violation Of the
fundamental law. But they differ apparently about
she Presidents duty 1t the time OF his second in
tervention. l concur with Mr. Johnson In the
opinion that after Kellogg was In the President
could not turn HIM oat; he wae De .t1cso Governor;
ana no matter whether be became so by fraud or
force or accident, the fact OF possession was all
that the President could lawfully see. or course,
. dissent from Mr.. OConor with all the cautious
difference due to his great name; but II he
means to say that General Grant had right to
pull down the de J1cto government OF Kellogg
whenever he repented his own act In setting 1t up,
/ ventare to put In denial. Remember, the
President has no right TO turn anybody ont nor
even to inquire how any actual incumbent got In.
To overthrow one de Jacto government because he
had wrongfully overthrown another would, in
stead OF atonng for the rst error, only double the
blunder. He cannot play fast and loose with the
liberties OF state, nor. like Pharoah, let the peo-
PIC VO lIec VI holu bhSiu IN oohGokc acCOFuiDx
the Lord hardens his heart or tcrrifes him with
plaques


Bur respectfully submit that this point on
which Mr. Johnson and MIR. O'Conor divide is not
10 the case. General Grant never lnservened TO
protect 10 tiscto government in Louisiana. His
last act, like the nrst one, was a war against
the existing authorities. Kellogg never mad any
title except his naked possession. Thst was
enough while It lasted; but every vestgc OF power
had lett him when the federal troops took hlm
from his hiding place in the Custom House and
placed him second time In the executive chair.
The McEnery government was at that time as
completely established as II its power had dated .
century back. Il was the government dc Jure.
That did not do 1t mach practical good whiie its
officers were prevented by the military force OF
tho uaurnnr frona nYarc sfnu their nunc tinna