Year: 1874

Hon. Jeremiah >. Black, OF Pennsyl-
vania has written letter to the New
York Herald crticsing both Reverdy
johnson and Charles O'Conor's letters
on the subject of President Grants ac-
tion in.the Louisiana case, in which he
holds that the President committed a
grave violation of his constitutional duty, {,
both in the first instance in sustaining
Durell in favor of the installation of the
of the pretender Kellogg, and in rein
stating Kellogg after his expulsion by
the rightful government of the State un-
der McEnery. He says:


"The State is that which stands. It's
government is the powers that be- Its
officers are those who actually exercise
its authority. 1t is, therefore, the call
of the de facto government that the
President must respond to. This prin-
ciple pervades all law, municipal and in
ternational, and its observance is abso-
lutely necessary to the preservation of
our domestic tranquility, as well as the
peace of the world. IF the President
assists faction hostile to the existing
government, with the intent to drive the
incumbent magistrates from the seat of
power. he excites domestic violence and
makes instruction, instead of suppress
ing it.


"The facts of the Louisiana case,
think they are universally understood
since the publication of Mr.. Carpenters
report, are these "A man named Kel-
logg aspired to be Governor, but wholly
failed Of the election Nevertheless, he
claimed the Office on the grounds which
were not only false and fraudulent, but
absurd He had no show of case be-
fore proper authorities, whose duty it
was to decide contested elections but he
laid his claim before federal judge,
who made an order for his instal lption
This order was as destitute of all legal
force or validity, as if it had been made
by the first negro that Kellogg might
have picked up in the street. | take it
for granted the Judge and all the federal
officers, civil and military, as well as
Kellogg himself, knew that it was utter
ly void. 1t would be no charity to sup
pose either Of them ignorant enough to
believe that judge Of the United States
Court had any authority or jurisdiction
Of the subject matter, or any right what
ever to intermeddle with the business -
Nevertheless the marshal and the com
mander of the federal troops. acting in
pursuance of previous instructions from
Washington. and with the appreciation
of the President himself, undertook to
execute the order, expelled the officers
of the existing government and put the
pretender and his adherents into full
possession Of the State.


"Political power unlawfully obtained
is always abused. The State was insult
ed, oppressed and plundered until it be-
came "a vexation even to hear the report
thereof TO gorge the rapacity Of the
rulers property and capital were so bur-
dened with taxes that a general confisca-
ton Of every honest mans lands, goods
and money would hardly have been a
more grieyous infliction This was borne
by the body of the people so patiently
that the spirit Of their forefathers seemed
dead within them. Their tameness was
excusable only by two reasons. In the
first place successful resistance was i'm
possible while the usurper was surround
and guarded by the bayonets ofthe fcdcr-
al army and second, they looked forward
to the election as peaceful remedy for
their wrongs. But this last hope left
them when they saw that Kellogg was
arranging the machinery of the regisira-
tion to cheat them by false count Of the
votes and thus keep them in subjection
for an indefinite time.


Convinced that they must rise by
their own uDassisted strength or be for