Year: 1875

| tor SAID election, which may not be found
in it's report which has been published,
but it is a matter of public information
that great part of the time taken to
canvass the votes was consumed by the
arguments of the lawyers, several of
whom represented each party before the
Board | have no evidence that the pro-
ceedings of this Board were not in ac-
cordance with law under which they act
ed, in excluding from their count certain
returns. That they were wrong is a
question that depends upon the evidence
they had before them, but it is very clear
that the law gives them the power if they
choose to exercise it, and decide that way,
and prima facia the persons whom they
return as elected are entitled to the offices
for which they were candidates. Respect
ing the alleged interference by the militia
ry with the organization of the


LEGISLATURE OF LOUISIANA


on the 4th inst, have no knowledge or
information which has not been received
by me and published. My first informa-
ton was from the papers of the morning
of the 5th of January. | did not know
that any such thing was anticipated, and
no orders and suggestions were ever given
to any military officer in that State upon
that subject prior to the occurrence. L
am we'll aware that any military interfer-
ence by the officers and troops of the
Uuited States with the organization OF a
State Legislature, or any of its proceed
ings, or with any civil department of the
government, is repungant to our ideas OF
government. [ can conceive of no case,
not involving rebellion or insurrectiorL
where such interference by authority of
the general government ought to be per
mitted or be justified, but there are cir
cumstances connected with the late Legis-
lative imbroglio in Louisiana which seem
to exempt the military from any intent
or wrong in that matter, knowing that
they had been placed in Louisiana to pre-
vent domestic violence and aid in repress-
ing it. The revolution was apparently,
though it is believed, not really abandon
ed, and the cry of Federal usurpation and
tyrrany in Louisiana was renewed with
redoubled energy. The troops had been
sent to the State under the requisition OF
the Governor, and as other disturbances
seemed immiuent they were allowed to re
main there to render the executive such
aid as might become necessary to enforce
the laws of the State and repress the con-
tinued violence which seemed inevitable
the moment that Federal support should
be withdrawn. Prior to and with view
to the late election in Louisiana, white
men associated themselves together in


ARMED BODIES CALLED WHITE LEAGUERs
and at the same time threats were made
in Democratic journals of the State that
the election should be carried against the
Republicans at all hazards, which very
naturally greatly alarmed the colored vo
tiers. BY section 8, of the act of Febru
ary Is, 1871, it is made the duty
of the United States Marshals and
their Deputies at the polls, where vote:
are cast for Representatives in Congress
to keep the peace and prevent any viola
tions of the Enforcement Acts, and othel
offenses against the laws of the United
States, and upon requisition from tn,
Marshal of Louisiana and in view of sale
armed organization and other portentous
circumstances, [ caused detachments Of
troops to be stationed in various localities
in the State to aid him in the perform
ance of his official duties.


THE ENFORCEMENT OF THE STATE LAWS.


The officers and troops of the United
States may well have supposed that it was
was their duty to act, when called upon
by the government for that purpose
Each branch of Legislative Assembly
is the Judge of the election and qualifca
tions of its own members, but if mob
or body of unauthorized persons seizt
and hold the Legislative Hall in tumult
uous and riotous manner, and so prevent
any organization by those legally returned
as elected, it might become the duty OF
the State executive to interpose, it re
quested by majority of the Senators
elect, to suppress the disturbance and en-
able the persons elected to organize th'
House. Any exercise of this power
would be justifable under the most ex
traordinary circumstances, and it woulC
then be the duty of the Governor to cal
upon the constabulary, or if necessary the
military force of the State. But with
reference to Louisiana, is is to be borne
in mind that any attempt by the Govern
or to use the police force of that State al
this time would have undoubtedly precip-
itated bloody conflict with the White
League, as it did on the l4th of Septem
ber There is no doubt but the presence
of United States troops on that occasion
prevented bloodshed and loss of life
Both parties appear to have relied upon
them as conservators of the public peace.
| The first call was made by the Democrats
to remove persons obnoxious to them
from the legislative hall, and the second
was from the Republicans to remove per-
sons who had usurped seats in the legis-
lature without legal certificates authoriz
ing them to seats, and in sufficient num-
ber to change the majority.


NOBODY WAS DISTURBED BY THE MILITARY
who had legal right at that time to q
seat in the Legislature That the Demo
cratic minority of the House undertook tc
seize its organization by fraud and vic
lence; that in this attempt they trampled
under foot the law; that they undertook
to make persons not returned as elected
members so as to create a majority; that
they acted under a preconcerted plan, and
under false pretences introduced into the
hall men to support their pretentions by
force if necessary, and that conflict, dis
order and riotous proceedings followed
are facts which seem to be well establish
ed, and l am credibly Informed that these
violent persons were part of a premedi
tated plan to have the House organized il
this way, recognize what has been called
the McEnery Senate, and then to depost
Gov. Kellogg, and SO


REvoLUTIoNIZE THE STATE GOVERNMENT


Whether it was wrong for the Govern
or, at the request of a majority of the
members returned as elected to the House
to use such means as were in his power
to defeat these lawless and revolutionary
proceedings, is, perhaps debatable ques
ton. But it is quite certain there would
have been no trouble if those who nov
complain Of illegal interference had al
lowed the House to be organized in law
full and regular manner. When those
| who inauouratad the disorder which was