Year: 1874

honal government. This is all the
more pleasing because it proves what
the people of Louisiana have always


maintained namely that they were not


making war upon the United States, but


upon State usurpation. Kellogg was


not the choice of the people of Louisi-
ana, or at least it had not been
satisfactorily shown that he had received
majority of the votes of the people. His gov
ernment, with its legacy of debt and taxes and
bad legislation, was an intolerable burden 1t
was to throw off this that New Orleans
flew to arms, but the dignity with which
the proud people of that proud city acknowl-
edge their allegiance and manifest their obe-
dience to the general government is ad-
mirable. Kellogg is rebuked and at the
same time the people of the North are
assured that it was against him and not
against the Union that they seized their
weapons of war in moment OF despair. The
episode carries with it useful lesson, and
invokes us to consider anew our duties to the
South.


We have already expressed with sufficient
emphasis, our view of the legal obligations of
the President in the alarming crisis which has
arisen In Louisiana. After recognizing Kel-
logg as the legal Governor of the State after
submitting the question to Congress at two
separate sessions, after the appreciation Of
that body implied in its non-aotion, the
strictly legal points involved in this grave
conjuncture are too plain to admit of contro-
versy. When Kellogg applied for military
assistance it was the clear duty of the Presi-
dent to make the necessary proclamation and
promise to furnish it. But in an emergency
so important it is the duty of
statesman to proceed with wise circumspec-
ton and deliberate caution Strict adherence
to law may sometimes involve serious entan-
clements, especially if legal mistakes and erro-
neous committals have put the government in
false position from which it is difficult to
retreat President Grants original recogni-
ton of Kellogg was political blunder Peace
and tranquility would have reigned in Louisi-
ana if he had not acted on the illegal order of
Judge Durell and had allowed things to take
their natural course in the Inauguration of
McEnery, who had the color. at least, of
legal election. The present revolution in
Louisiana is the direct consequence Of
President Grants original mistake, and even
if he is at last sensible of that mistake and is
willing to rectify it he stands in an embar-
rassing position. Having indiscreetly recog-
nized Kellogg as the legal Governor the Presi-
dent was bound to support and restore him;
but, having made this recognition without
warrant Of law, in pursuance of a judicial de-
cree for which Judge Durell was impeached
by the House of Representatives at its last
session, the President should perceive that he
Is in false and untenable position. If his
recognition of Kellogg had been defenslble all


would be smooth sailing now. Had Kellogg
been elected by a fair vote and honest count,
had his right to the Office been estab-
! lished to the reasonable satisfaction
of impartial men, no kind of con-
cession would be justifable, and it would
be the imperative duty of the President to
restore him at oil hazards and every cost
But even the republican party is not unani-
nous in thinking the President made q wise
decision. The impeachment of Durell by
the House affords a presumption that the
President was misled. The report of the
Senate committee charged to investigate this
question winter before last proved that
Kellogg was not legally elected, and Senator
Carpenters very able speech put the point
beyond reasonable controversy. When a
false decision of the President brings the
country to the brink of civil war he
obviously does not stand on the same
clear and tenable ground as if there
were no valid legal objections to his
recognition of Kellogg. His persistence in
an original mistake, even with the implied
sanction Of Congress, puts him in very
different position from that which he would
hold if the unanimous judgment of the
statesmen of his own party supported him in
recognizing Kellogg on the decision of Durell,
the impeached Judge. When strict law is on
one side and fairness equity and justice on
the other, the President ought to pause and
consider.


General Grant cannot safely ignore the
strong public sentiment of the best classes of
the Louisiana population. They unanimously
indorsed and supported the overthrow of the |
Kellogg usurpation. Peace, order and unver-
sal acquiescence followed the supplanting of |
Kellogg. The public sentiment of the re-
spectacle classes and business community of
Louisiana supports the overthrow of Kellogg


The difficulty of the Louisiana situation
consists in q conflict between what is right
and what is legal. In point of law Grant is
bound to support Kellogg after recognizing
him as the legal Governor But in
equity and justice Kellogg has no title to
the Office, and the best public opinion
Of Louisiana warmly indorses his over
throw. With justice and sound local opin-
ion on one side and strict law on the
other the President is put in very en-