Year: 1874

Herald criticising both Reverdy johnson
and Charles O'Connor's letters on the sub
ject Of President Grants action in the
Louisiana case, in which he holds that the
President committed grave violation of
his constitutional duty, both in the first in
stance in sustaining Durell in favor Of the
installation of The pretender Kellogg, and
in reinstating Kellogg after his expulsion
by the rlghtful government Of the State
under McEnery. He says:


''Tbe state is that which stands. It's
government is the powers that be It's
officers are those who actually exercise it's
authority. It is, therefore, the call of the
dc .facto government that the President
must respond to. This principle pervades
all law, municipal and international, and
It's observance is absolutely necessary to
the preservation of our domestic tranquili-
ty, as the peace of the world. If the Pre-
sident assists a faction hostile to the eA-
istng government, with the intent to
drive the incumbent magistrates from the
seat of power, he excites domestic violence
and makes insurrection, instead of sup
pressing it.


''The facts Of the Louisiana case, think
they are universally understood since the
publication OF Mr.. Carpenters report, are
these = A man named Kellogg aspired to
be Governor, but wholly failed of the cleo
ton. Nevertheless, he claimed the Office
on grounds which were not only false and
fraudulent. but absurd. He had no show
of u case before the proper authorities,
whose duty it was to decide contested cleo
tions; but he laid his claim before % fed
eral judge, who made an order for his in
stallation, This order was as destitute of
all legal forces 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 we'll
as Kellogg himself, knew that it was ut
terly void. 1t would be no charity to sup
pose either of them ignorant enough to be-
ilcve that Judge of the United States
Court had any authority or jurisdiction of
the subject matter, or any right whatever
to lntermeddle with the business. Never
thelcss the marshal and the commander 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 govern
ment and put the pretender and his adher-
ents into full possession of the State.


"Political power nnlawfully obtained is
always abused. The State was insulted,
oppressed and plundered until it became
n veNation even to hear the report thereof
70 gorge the rapacity of the rulers, proper
ty and capital were So burdeDed with
taxes that general conhscation of every
honest mans lands, goods and money
would hardly have been a more grievous
lnfilction. This was borne by the people
SO patiently that the spirit of their fore
fathers seemed dead within them. Their
tameness was eXcusable only by two rea-
sons. In the first place a successful resist
ance was impossible while the usurper
was surrounded and guarded by the bayo-
nets Of the federal army and second, they
iuls remedy for their wrongs But this
last hope left them when they saw that
Kellogg was arranging the machinery of
the registration to Cheat them by false
count of the votes aud thus keep them in
subsection for an indefinite time.


'Convinced that they must rise by their
own unassisted strenth or be forever fallen,
they resorted to the ultima ratio. threw off
shaclles and placed the supreme executive
power in the hands of the man who had
been legally elected nearly two years be-
fore. Never was revolution more Just or
conducted with greater prudence Its sue
cess was complete; the baseless fabric of
tyranny fell at the first rush of the popn-
lar movement; it's chief absconded, his
familiars sluuk away from his ruined for
tunes, and all over the State the official
instruments of corruption yielded their
places to the appointees of the lawful gov
eminent. Louisiana was free and every
friend Of liberty and justice in or out of
the State re DICED over the fact. But the
President was determined to put the yoke
back again on the people Of the State To
that end he sought out Kellogg in his hid
ing place again expelled the true Govern
or and again forced the submission of the
people to the same adventurer whom he
had aided before.


''The unconstitutional character of the
Presidents first act, when he overthrew
the then existing government and put Kel-
logg in the executive chair by mere force,
is admitted both by Mr.. JoEoson and Mr..
O'Conor. 1t would have been wonderful,
indeed, if either of them had attempted to
justify SO plain and palpable violation of
the fundamental law. But they differ ap-
parently abont the Presidents duty at the
time of his second Intervention. l concur
with Mr.. johnson in the opinion that af-
ter Kellogg was in the President could not
turn him out; he was de .facto Governor;
and no matter whether he became SO by
fraud, or force, or accident .the fact of pos
session was all that the President could
lawfully see.


"Of conrse, dissent from Mr.. O'Conor
with all the cautious deference due to his
great name ; but if he means to say that
General Grant had right to pull down
the de .fact0 government Of Kellogg when
ever he repented his own act in setting it
up, venture to put in denial Remem-
Der, the President has no right to turn any
body out, nor even to inquire how any ac-
tual incumbent got in. To overthrow one
de ,facto government because he had
wrongfuily overthrown another, would, in
stead of atoning for the first error, only
double the blunder. He cannot play fast
and loose with the liberties of State, nor,
like Pharoah, let the people 60 free or hold
them in bondage according as the Lord
hardens his heart or tegrlties HIM with
plaques