Year: 1873

MED or abridged by the United States, or
| by any State. on account of race, color, or
previous condition Of servitude.


'SEC. 2. The Congress shall have power


to enforce this article by appropriate legis-


lation."


From these provisions it will be seen that


such matters as the adoption or change of a
| State constitution, the election OF State Off
| GERS provided for in such constitution, and
| che whole administration of the domestic
| affairs of the State. are left in tie hands OF


the people of each State subject only to the


limitations herein especially provided; that
| is to say. the federal government whether
| by it's legislative, judicial or executive func-


tions. or oy all these together, has the right
to interfere in the domestic affairs of State
| only when such State has ceased to have a
| republican form OF government: or when
| such government is threatened with destruc-


ton; or when the constitution or laws are


in conflict with those O.. the federal govern.


ment; Or when State is exposed to inva.
| sion; or when afflicted with domestic vio-


lence which it can not suppress, and even


in that case only upon the call of the Legis-


lature or OF the executive: or when the


right to vote has been denied or abridge


On the grounds above specified.


The constitution further provides that


Congress may make laws for the establish


ment Of federal courts throughout the


country, and for the election of federal off,


GERS and that it shall be the prerogative


and duty of the federal Judges to interpret


and apply those laws in the various federal


courts as being paramount to the laws and
| constitutions of the States. and it shall be


the right and duty of the President to see


that the federal constitution and laws as


thus interpreted and applied are upheld
| and executed.


T., Is ~.


Of Congress of May 81, 1870, amended by


act Of February q, 1871. and generally


known as ''the enforcement act" provides


for the fairness and freedom OF elections,


and for the redress OF grievances which


may grow out OF them in the courts, and if


need be. for the employment Of United


States troops to suppress election riots and
| disturbances, and to execute the DEGREES OF
| the courts without the orders of the Pres-
dent. Such being the actua! provisions of


the constitution and the laws bearing on the
subject before US. we have in the next place


to consider the aspect OF things in Louis-
ana as controlled by "the logic Of events"
THE PRESENT STATUS.
Since the publication of our former
| article the President has issued pro-
| clamation. in consequence OF which We
are advised the McEnery party have de-
| termined to abstain from all further overt
| or physical opposition to the Kellogg gov.
ernment aud TO make an appeal to Con-
| gress at its next meeting with the view of
| seeking redress from that body for the
| evils of which they complain. The effect
Of this fer the time being is to leave the
Kellogg government in practical operation
| in the State. and to postpone the questions
| in controversy TO future day. The kel-
| logg government being de facto. thus, for
| the present. becomes the only State gov
| ernment now exercising its functions in
Louisiana. And were all parties in the
State of Louisiana as they exist to-day, will
| ing, from any view or motive whatsoever,
to accept the Kellogg governments and
submit to its authority. this would seem
to be q practical solution of the whole
question for the current gubernatorial
term.


Whatever may be thought of the manner
in which the Kellogg government was Gre
ated and has been established in actual
power. so long as its administration is in
pursuance of State laws, general acqui-
escence must certainly be far better than
the condition of turbulence, dissensiOn and
violence which must inevitably follow tine
pursuit OF the opposite course. Let us
grant in all its force that the Kellogg gov
ernment Is Gb i1,iiO usurpatlOn, and that
it has been forced upon the State by mere
arbitrary power; let us grant. also. in al!
its bearings, the perniciOus influence of such
an example: yelit must he remembered that
tais very fact grew out OF the irregularities,
the chicanery, and the disorders of party
strife among the people and State func-
tionaries themselves. The whole origin
OF the evil was among the people of that
commonwealth alone, and the only action
which has been taken by the federal
government UP to this time has been
simply to secure settled condition of
things in the State by adopting the single
constitutional proceeding which was left to
it in the premises-the recognition and sup
port of that government which. in the
midst of SO much confusion, amounting
well nigh to state of anarchy, at length
obtained the sanction of the courts. And
again, it must be remembered, as rule OF
practical wisdom, that it is always better
not TO disturb a settled order o. things,
however that order may have been estab-
lished, unless the grounds Of complaint are
clearly such as ought not to he set aside,
and unless agitation and resistance-neces
sariiy more or less to the detrimeDt of all
private and public interests-can be plain
ly shown to be productive OF less evil than
that which is incident to the prevailing
order.


THE NATURE AND EXTENT OF TIE EVIL.


II becomes, then, important to inquire as
to the nature and extent OF the evil which
forms the ground of complaint on the part
Of those who are Gisatfected, and who pro-
pose to seek remedy at the hands of Con
gress.


!. There is no complaint that the con-
stitution Of Louisiana is not republican in
form.


.. There is no complaint that the State
has been or is now threatened with invasion
from foreign foe.


3. There is no complaint, so far as we are
advised, that the present acting govern
ment in Louisiana is not administering the
affairs of the State in pursuance OF the
existing State laws. or otherwise than it
would do had it been duly chosen and in
stalled in authority by fair election of the
people.


Z. The gravamen of the complaint is sim
ply that the present acting functionaries of
the State government. not having been
elected by the people, are administering the
affairs of the State without any constitu-
tional or legal authority, while it is claimed
have been defrauded Of their right of office
by mere arbitrary and unrighteous exer-
else OF power.


J. But upon this subject we find the peo-
pie of the State of Louisiana themselves
divided in sentiment. 1t is claimed upon
the one hand thatfhere was. at the time Of
the election III question. and that there IS
To-Day, 1alr pOlltlcal majority OF the quai!-
fed voters OF the State who support the
Kellogg government. who are disposed to
be satisfied with it as it exists, and who de-
sire it to remain undisturbrd: and we think
that there is a general impression through
out the country that such is the fact. 1t is
true that in the last November election this
fact was not and could not be officially and !
formally established. But the result of the
investigation before the Senate committee
las, winter showed beyond all question that
tl. iriepuiar rites disorders trauGs and