Clearfield Republican. (Clearfield, Pa.) 1851-1937, April 07, 1875, Image 1

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'ILKAitntLK Ktl'lllLICW,";
UUOHUlf II. li()UUI,AM)l:H,
lie largest Clrrulatlou ef Buy Newapapar
lit North Ceutral eeuusjlvaula.
Terms of Subscription.
I paid In advance, o wllliin 3 monthi....$'J (Ml
(I paid after H tnl before 0 taunt hi 9 AO
fi puid Hilar the expiration of 6 umnlhi... 3 M
Buton oi Advertising,
Cran.ient IrartiiouKt.ta. per iquum uf III llneaor
lew. It tltuoi or lci ...$!
ytt n wli uliciinint Infertiun 40
(lTniiiiirn(ri' nitl Kxocutnri' naiW I SO
Audi tore ii'ithnii S 58
L'autim nd K'trayi t 51
Oinmdutii'Ti nnttorf t M
Prirtnat Cat A. & Hum or leai,l year I 00
b-x!l nitinc,fr Ir..n tfl
YfAiti.v auvkutikmevts.
I vituiruft. 11 OA I 4 tluiiin. . TO 00
mjUHft.. 'Jtt i)it 1 mliirun 120 00
Kditor and Publisher.
',- oi nn uoBiioB.
:W74 t'l.KARr'IKI.U, PA.
ATTO U S E Y - A T -1, A W ,
ClearOelel, Pa.
Will attend to all business entrusted to fatal
pioinplly and faithfully. BOvl2'73
wnxfAB A. WAlXAra.
iAvin u vaaaa.
jon.i w. wmui.rr.
(Su ociur In W nil hoc lielding,, ,
11-117.1 Clearfield, Pa. i
R. V. H 0!t, . 0. H. I. TAB YALXAM, . It. j
ClrarUelil. Pe j
Ottk'e hi reiidence of Dr. 'ili.m.
Orrtcii Hui:hr: From 12 to It r. H. Dr. Van
Vulra't can bo found at night in hU room a, next
dor to lUrlKk s .rtma Drug mora, op
Will iiromilly atlnd all ctlli in tha lioeof hia
prufvKiuii. ' aoa.l-i
loBrn . 'l.u. BAlt w. n'lTBor.
t IcarDcId, Pa.
' J( r- Letrnl bualnoaa attended to promtly wilbj
.l.lulitv. Otn.'O on rtoconj Mreet, aIiotb the Firri
Saliooil UIB. Jn:li74
Ilini( Tf.ltni'd bi' Judj(e."hip, hi rcftnned
llin praolicr of the Uw In hi. old olth al Clear-H-t,l,
I'a. Will attend the nnurte of JeRerion and
KIk oounttm wlien ,ncoliilly tctaiard in oonneetion
irith n-fidnnl eouniol. 1:14:71
Clearllcld, Pa.
,T-Omre In Court llouee, (SberiJ'a Ornoe).
Li-gal bueinnu proraptlT altrniled to.
uglil end laid.
J.ill'73 '
Cleartlrld. Pa.
iuOflioe In (Irahaiu'i Rus. ilofl3-1y
i!:I:7 riearlield. Pa.
iCij. ob S.ond ht., Olearleld, Pa. nuTll.M
tlcarlicld, Pa.
fl-OBoe la Pie l Opera llonte. Jjrli,'7
iaum u mi tad n
sunlit . rwwiwiaw.
rirartlrld, Pa.
rOHloe In Ple'e Oiiara llooie, Room No. t.
Jan. , 1874.
Ind Ileal Ktate Agent, l learflrld, Pa.
Offiea oa Tblrd itreet, bet.L'berrj Walnnt.
jr-Heipeetfall; offers bit aorrioei la asllisaj
ind boring landi In Clearleld and ailjolnlng
euntiea and wltBan aipeilsneaol arerlweatr
i.are aa a .nr.. Tor, lattari blmeelf that be aaa
render aatiifaatloa. IPeb. J:S:tf.
General Life and Fire Ins. Agent.
Deoda of Coovejanoo, Articles of Agreement
and all Irgal paiiera promptly aBd neatly eie
ouied. OIBje io Pie's Opera lloaee, Room No. 4.
CleardoW, Pa., April W,l74.
Maw IK and Isimiber,
luce in Urnham'e Row. 1:JJ:71
1:11 Osceola, t'learllf Id Co., Pa. rpd
Office ott llarket Street, Cleardeld. Pa.
(T-Otoe hoars: I to U a. m , BBd 1 to p.
Ollloe In reildenoa on Market St.
April 14, 1871 CleerHeld. Pa.
Will attend professional oalla promptly. auglOJO
j78"b a r n hart,
Hrllrlimte, Pa.
Will practice IB Clearneld end all of tbe Courts of
the 2ith Jndicisl di.lriet. Real estate uu.inraa
and eollsclion of claims made siieclaltles. al 71
Sh.,p In old Western lintel, eorBer "f Market
and Hecend streets. Jjn? !' -
jyM CL KADI' IB I. . P. t
.... - "M - r5b7n son
Manufaetarer and dealer in
lliiniess, Saddles and Bridles,
Collar., Whips, llroslies, Fly Nrls, Trlmmlags.
lL.rse lllaokrtt, Ae
Vaennm, Prank Miller's and tTeatafnet OIL.
Aginl for llailoy ns misons nni".
fir.iM ..halrin nromotlr atteaded to,
lop en Market siren, n"n..i", - -
nnerly oeeupied by Jas. Aleisndar. a: J
The Best is the Cheapest I
Tbomos Rellry ass reeelred aaolber large lot of
"Mitchell Wagons,'' wbleb are among the rery
bwt manafariared, and whioh ba will sell at tlie
moel rea.onal.le rates. II Is stock Includes almost
sll descriptions of wagoos largeaad small, wide
and narrow Irsek. Cell aa I sea Ideas.
W i. nar attention to our esteaslee
ComrsiMioa bu.iness and teour facilities for dis.
pusig of sueh produce a. our eon. ignore send us.
Having b lerge trade with aity etoroe,we are en
abled le make quick returns, at fall ptioee.
Kturekeepers having Chickens, Huller, Eggs,
er eiber produce, will ds well le (lea aa a trial,
ft here Urocerlos are takea la asebange, ae earn,
miasiea will be eharg.d.
at. L. KIRK,OI A CO.,
Wholesale Oroeors and Cemmiooioe Merchants,
Ne. IS N. Tblrd alreel, JMliedn. prly
. ., PRNK'A.
Ilaeaee aad Omeoe U lei. Volleetloa. promptly
made, aad Irsl-eleae Cool aad Fire Clay Leads
aa4 Jews properly for aele. Ofaoe la Wesura
Hotel Belldlng lid toor,esoB4"t. myl'7ly
GEO. B. GOODLANDEE, Proprietor,
" 1 "' :
Heal Estate mid Collection Agent,
Will promptly attend to til legal buiineaa
; truitcd to hia eare.
, tf-OHW in l'te i Opera II.Mr iteooU floor.
r-ril l.ui
! J. H. KLINE, M. D.,
HA VINO located at rconAeld, Pa., oden hit
trofofi vital aervieoe to the people of that
plaoe and urrmindiiig country. All ealU promptly
ittendrd to. u.
II.MBEI, Sli;. tll., aVr.i
Curw.nolll., Nor. St, 1874.
Jimtlea or tlit Puaoo and Scrlvenrr
Curwenivllla, Pa-
MLCollt-e.lwtit tntJe anil niunvr prompt ty
paiJ over.
Manufacturer! A oxtenllve Dealer! in
Sawod Lumber, Square Timber, &c,
O-Orden ollelled. Bills tiled OB ibort nollea
and raaaonalile terma.
Add.. Woodland P. O., Oliarfteld Co., P.
rj.,lj. W Al.HKKT A DKtiS.
frcuchTllle, 1 learlleld County. Pa.
Kucli. eonltantl; oa hm.J a full aiHirtmenl of
Dry, Hardware, lirororlcl, and e.-orylhing
n.u.llj kipt In a retail euire, ahirb aill Utcdd,
for caeh, ae ebeap ae elassbere In tbe eoantjr.
franebville, June JI, 1SH7-1J.
HENKHAL mkrchanuisr.
C.ll All AMTtlN, Pa.
Also, ellenslre Ulanufsctnrer and dealer In fqoara
Timber and Hawed l.uiolier of all kinds.
trOrders solicit"! and all bills promptly
tilled. . lJyii
House and Sign Painter and Paper
Cleartlrld, Penn'a.
Vo.Will eseeule Jobs in his line promptly sod s workmanlike manner. srr4,7
! G. H. HALL,
' 4-Puinps always on band and made to order
I on snort Bom-e. ripe. uo,,o ""'-
I All work warranted to render eoti.lsction, and
! delivered if desired. aiyji:! jpd
i E. A. BIGLER & CO.,
'square timber,
1 and msBufactBrsrs of
dealer IB
Real iBtato, Square Timber, Boards,
9:I0"7S Clearfield, Pa,
nrALBB ,
Sfiuure Timber & Timber Lands,
Late Sorgeon of tbe Regiment. PennsyWania
Volunteers, having raturaad froai the Army,
alers kl. professional seiTlcee to theeitiisno
of Clearoeld Bounty.
aHVProfeselonalcalls promptly atleod.d te.
OOee oa Seeoad atraet, former oseaplsd by
Dr. Woods. (apr,'-tl
and dealer ia
Watches, Cloeks, Jewelry, Silver
and Plated Ware, &c.,
Wntchos, Clot'kg and Jowolry,
Oralaas's H, Naih'l Sirnl,
CLKAHUf l l), PA.
All kinds of repairing In my line promptly Bl
ended to. April 23, 1S7I.
wholesale dealer In
llsre remoeed to 1ST Otiuroh street, netwren
Franklla and White ats., New York. JyH'71
Miss E. A. ?. Rynder,
aaiNT worn
Ohlekerlag'a, Sulttwa'iand Kmertoa'i Planoat
rJailtb', Maaoa 4 lUnlla'e and Peloabet't
Orgaoi aad Melodeoat. and Graver 4k
Uaker'i tfawing Machinal.
also tbacbbb of
Piano, Guitar, Organ, Harmon and Voeal Ma
lie. N pupil taken for Itfl tbaa half a term.
ptfKnomr oppueit Uullch'a Furolture Store
CiearReld, Ma 4,
We here received the earncy for the above and
will aril them at minufiicturcr'i prioei. Call and.
i ami iir tlirm. They are Die beet,
j.l V 73 II. F. Ult.l.KU A CO.
Would re.liei tfully aollfy hi..atirnls
lhat he bas reduci-d tbe price of AHTI-
PIC1AL TEETH to 2U Oil pel eel, or
U5.00 for a double seL yor any iwopereons
coming at the same time, to hare each an upper
set, will get Ihc two lets for $31.00, er H7.M
Terms iBvariably Cash.
Cleerlleld, July l, 1H74. .,
Cclebratetl.Drendi of
Smoking & Chewing Tobaecos.
We are enablrd to wbnlrtele to dealer, tbrongh-
oat tbo eonnty at elfy pricf. ,
KHA 1 .r.n m i-uur,
Jt?l:7l tf neerfleld, T.
The aadeeelesee) are sew tally prepared le
earry aa the baileees er
And reepectlelly eelloll Ihe patronage of faon
Clearleld, Pa., Foe. IB, IS74.
TIT I I.I.I A lil M. IIKNRY, Joan
y er rna Psaw ass Bciitbsbb, LI'siriER
.1,1 . ,ada sad mosey nmmplry
paid erer. Arlieleeef e(vea-eat sad deede af
onteyanee aeatly useateel aad artantee' oat
reel er bo rhorga. --, i-jy 71
- 2 - 1I5.
Itrllrrred In I he
United States Senate, March 23d, 1875,
Tlie Siimto ii'Btimoil tliu eonsidi'rii
tion oi tbu resolution snLiiiitlwl hy .Mr.
Fivliiighuyricn on tlio 10th iimtuul, tbe
pcmling (jnoHtion being on tbo nmt'nU
ini'iit ol Sir. Anlliiiny. ,
ill'. Wnllnce, ol I'l'iiiiriylviiiiiii suitl:
Ir. I'li'Hiilfiit, tlio resolution of tbe
Senator from New Jersey, ilr. i'ro
lingbiiysen, wbieli wun inti'uilui'eil into
thin body on tbo llltli ot. .Muirli, and
wbit-b U in thene words
Uttalvnl, That tbo Senate spprnvo tbe notion
bi ri'tofore tsken by tbe Prriideut of tbe Tnited
rtislcB in protretiog LoBi.isna from doinestie rl
olenea, and sra of opinion that he should coo.
tinue to recognise lo tbat Btato tbe existing Slate
L't'iim to nii'tin it conilonntion of tbo
past nnd n rnrte blanche for tbo I'tiliii-o
J'bia rexoliitiou was ivent to a tribunal
of Ibis body composed of tbo members
upon the otlicr side of tlio Cbmnbcr,
mid it.roninined tbore until Ibo 2()lliof
Manii lullowiiiL', lour ilnys, stibnntteil
us wo must suppose, to (bu crut ible
niul tesl ol ciiueus liented hy party ills
eussion. n lien it returns tolbisClium-
ber, it leturns under tbo nuspices of
tne M'tinior Irom itliodo IkIiuuI Mr.
Antliony mid from it is eliminated
iminumly Inr tbcliiture. Tbe ameud
meiit proposed by tbo Seniitor Iroin
Rbode iMland is in tbeso words:
Thst the action of the President la Drotcelir.
the guverninont of Louisiana, of which W. 1.
Kctlogg Is the executive, aud the people of that
Stale against doo.e.lie violence, anil IB enforcing
low. nt Ihc t'nitcd fitalca In that State, is an.
lint buniiciied in tlio tribuniil to
wbieli tins resolution wus oriirinullv
sulimilted, ns a matter of eotu-su, wo
are unable to deleriuiite; but ill my
brief experience 1 iinro learned to as
eei'iuiu Ihiiu tboso things tbat are omit
ted in doeumcnts diseussod nod tbat
lire not stated much Unit 1 cannot learn
Irom those tilings that arc staled.
When wo seek to coMmst tbo resolu
tion of tins lGtii of with the res
olution of Ihe of .Mareh wo And
tbut they dill'er in turnis, differ ill sub
stance, differ in effect. Let us see.
Tbo resolution of the lGlh of .March
approved the action of tho President
"in protoctinK Louisiana j" the restilu
tion ol tbo 2Ulh of .March uprovcs the
at tion of the President in "protecting
Ibo L'orei'iiiuent in Louisiana of which
W. I'. Kellogg is the executive I"
"Louisiana" is tho State. Tho pro)osi
tion in tho former is general, is vague ;
tho proposition in tho latter, howuver,
is distinct, emphatic, pointed "in pro
tecting the government in Louisiana
of which W. V. Kellogg in the execu
tive." Why this is, it is not lor 1110 to
SSV. YYo llinv bnve nnr ntiiiilmia ntirt
our views on tins sunject : Hie UisiTnc-
tion is there. Is it that tbo latter is
distinct and speciul bocauso it is tho
source of wrongs in tho past and tho
hope ol tilings in tbo liituro f Is it
1 1 1 11b then) is a hereafter in which "the
State" ii to bo different from "tbe gov
ernment of which William 1'. Kellogg
is executive," or is it a mere difference
in tbo way of stilting tlio proposition ?
Aguin, t o find that in the one the
term "torccognia)"iusel,"recogniiein
tbut State tbo existing Stuto govern
ment ;" in the other 'Jto protect the
government." Tho recognition of a
Statu government implies pre-oxiL-ence.
It implied that there was a day
anil an hour In which there was a
Stuto government to recoguieo. ' The
statement of protection implies tutel
age, parentage, and care. The one In
dicates that there is a sovereign Stuto,
the other that there is a cronturo ol
paternal government. Tho 0110 sug
gests that there is a Slute knocking at
the doors ol the .Vnutc Chamber lor
admission hero to her constitutional
ronresentittion : tho otlicr suggests that
Kellogg is simply tho representulivool
a Statu government tliut ia not the
Stale. Tho whole question is begged
in tho difference between tho resolu
tions. Tlio 0110 is recognition, tho
other paternal government and tutel
age, is this tho doctriuo of the ma
jority 111 this IhanilK'i'? Is it tho
avowal ot tlioir doctrine that wo are
to loud toward pntoniul government
in this country ? . If this bo so, it is for
us to meet that issue upon tlio lurosuolu.
V) e want 110 paternal government, hut
solely and simply the tiovernnient that
(ho Constitution created: maintained
and cnlorccd, as it ought to bo, by
those w ho are placed in tho places of
power and trust under that Constitu
If tho power to recognize the Statu
government or the Stale itself resides
somewhere else tuun in tho 1 'resident,
then the term "protect" isa very proper
term. Ifitshull be found on cluso ana
lysis of tbe luw, on an examination of
tho theory of our (iuvornment, that it
resides not in the President but in Con
gress, then tho term "protect" is a
very proper and sate term, "liocog
nir.o" could not well bo used by those
who Introduco this resolution if tboy
hold tho view I suggest. In tho shad
owy future that tluwns upon ns this
distinction may be a uitlerenco import
ant and vital, lor there may be 1 Slate,
there may be a government there that
Louisiana and her pcnplo recognize
thnt will differ Irom tho government
now controlled by William 1 . Kellogg
tho present executiro of tbo Stuto of
Louisiana. It may bo tbut Mr. Kel
logg, tho executive of the Stute at tbo
present time, who Is to bo protected
and recognized under this resolution,
may conduct this government beyond
ami through another election, and it
may becomo important that William
P. Kellogg thus hoing recognized and
protwted may maintain in tho future
some government that shall send here
electoral voles, that ahull scud here
Senators, ilene there seems to be a
listinction with a ililfcroncc.
In tho first ivBoltifion tho future is
cared for; tho President "should con
tinue to recognizo In thnt State the ox
istingStatogovernment;" in tho second
resolution the fhture is abandoned, and
it is not found within it. Why Is this?
What is tho bidden purpose of this dif
ference f To what ends and in what
form ia this resolution to bo pleaded?
Are thcro possible dangers iu tho fu
ture? Does this condone tho past, or
is indemnity for tho past regarded is
immunity liir tho future; or does a rati
fication of the exercise of illegal power
insure its repetition b tho same mailed
hand? Or is tho logical result of It
passage the adniissiou of Pincbback as
Senator from liOTiisiana who comes
hero represent init tho Kellogg irovorn
ment? if tbo latter bo the reason,
. . v.. . -r
then wo can nnderwland and well un
derstand why the admission of Pinch-
hack has been postponed until Decem
ber and whv the resolution that is be
fore ns ia submitted now for action
Why urgo this resolution now if it be
not to commit Senators to tlio logicul
scquenoo of that which tho passage of
this resolution necessarily implies ?
Can there lio any answer r
In the first resolution tbera is 110
word as to the enforcement of tho laws
of the I'niled States. Tho second
resolution approves the enforcement
of tho laws of tho United Slates
in Louisiana. What laws of the
United States have been infringed ?
Is it tho midnight order ot a federal
judge, or is it tbo effort of a Legisla
ture to organize itscll 7 Ur is tuis,too,
to bo indemnity lor the past, immunity
for tho lutiiro, or a plea in bar in be
half of tho subordinates of tho man
who is indorsed by the resolution ilselt?
. J ii tbo suhstilute, special pleading
and astuteness appear; but what is It?
Jt is brief, nod, torse, and distinct, and
in its closing phrase it rings like an
army order: the action of tito Execu
tive "is approved!" When before in
this body w ere resolutions of Ibis char
acter proposed ? "Is approved" Hub
closing phrase implies our power to
approve it. Whence comes our power
to do tliiB l 1 lvaties under tho Con
stitution are required to ho approved
by two-thirds of this hotly; officials
must bo confirmed by this "body; hut
where within tbe linos of tho Constitu
tion are found any words under which,
by any construction expressed or im
plied, this resolution can be indorsed
and sustained? Is it necessary under
section 4 of article 4, w bieli provides
Hint, .
The failed Rtate. aball guarantee lo every
State ia this IiiIoub repubheaa furra of govern
ment, and shall protsot esrh of thorn sgain.t In.
va.iontaadon application of Ihe Lenislsture.
or the executive (whea Ibe Legl. latere cannot lie
oonvenod) egjiast dumcslio vloleucef
more seems to no no necessity hero
fur this resolution. I do not find
any bidden moaning llioro that can
bo tortured to require such an ii
provul. If it be really necessary,
then thcro should bo added to the close
of this section ; "nnd when this power
shall be exercised by tho President it
slum ho approved hy the .Semite.
-No such words aro there.
What is the purpose of this resolu
tion 7 We hear no answer from uu
friends on the other bide. Those who
introduco it givo us no sign or token
as to what the pur pose of this resolu
tion is. but is its breadth and scope?
So gentleman rises in his sent nnd
says what tho puroso is or what its
hrcudlli is or what Us scone is: all our
friends are. silent. Is it tho resolution
of a town mooting, ns the Senator from
Tennessee asked yesterday, or is it the
resolution of a party convention, or is
it of graver moment and deeper pur
pose? If of a party convention, if it
be a resolution of tho majority in Ibis
body, which is intended to cohere and
crystallite their organization anil to
make the issue upon this question itself,
1 can undcmluiiu its purpose, its scope.
and its breadth. Is that tho determin
ed purpose of the majority in this body,
to lorce this issuo upon the indorse.
VW9...I vC , ha nn,n r.f , f. . t,.nj.,Mn, 0 1l
this be so, I can understand wluil the
resolution means And appreciate the
party necessity that prompts it.
Is it possible to vote that the Presi
dent is right in supporting tbe Kellogg
government and tho Ncnate right in
rejecting Pincbback 7 1 commend this
'question to tho Senators on tbo oilier
aide who have had souio qualms of
eon science in regard to the seating
of tlio would-bo Senator from Louisi
ana, . Is tho resolution a recognition
of a de jure government, ns con
tended for by the Senator from Wis
consin, Mr. IIowo, or is it tho re
cognition of a de facto government, ns
contended for by the Senator from In
diana, Mr. Morton, or does it cure
the vice pointed out by tbo Senator
from Michigan, Mr. Christinnoy, or
is it intended to cure the legal detects
named by the Senator from Vermont,
the chairman of tho Committeo on the
Judiciary, Mr. Edmunds? Is not
tho attitude of the President now ma
terial on this matter? These aro ques
tions for the gentlemen on tho other
sido of tbo Chamber. 1 simply pro
pound thorn. Wo have no answer.
Wo are allowed lo grope in tho dnrk
as to what the purpose of tho resolu
tion is, for Senators decline to enlight
en us.
lint what propriety ia I hero in tbe
Hennte of tho United Slates prejudg
ing any case? No judge upon tbo
bench will discuss with you tho merits
of a coso tbat may even possibly come
bofore him. Aro wo not in the atti
tudo of judges in this body upon tho
acts of those who administer the Inws?
And yet by this action wo will approvo,
in the teeth of tho provisions of the
Constitution, tbo acta of an ofilciul
which acts wo may be required to pass
upon as judges and which by tho Con
stitution itself wo aro not required to
approve. Our notion will bo mere out
side indorsement and have nothing
whatever to do with tho case, but it
docs nervo to prejudge tbe case from
our standpoint us Senators and possi
ble judges.
Mr. President, I cannot hope to pre
sent anything new upon tbo issue in
volved in this resolution. I should
much have preferred to remain a silent
listener of tho debates that hwo oc
curred in this Chamber since I came
here and took my place upon this floor.
Hut it has seemed when all others ivp
resenting .Slates upon this floor who
camo to this body on tbe 4lh of March
had spokon in behalf of their constitu
ents that 1, who represent tho second
Stato in point of population in the
Union, would havo failed in my duty
to its pcoplo if 1 had not endeavored
to present this question from their
standpoint, if possible in a new form ;
and whilo I ennnot hope to add any
thing new to what has been said on a
subject so often and so ably discussed
in tho Senate, yet if 1 shall bo able in
what I say to arniis.i tho attention of a
single mind within the Commonwealth
I havo tho honor in part to represent
or anywhere else within tho broad ex
panse of this Jtentiblic to tbo grievous
departures from tbo great doctrines of
civil liberty that lio at tho very base of
our institutions which are now annimi
daily made; if 1 shall causa but a sin-
gl mind to lie siiato ana pauso to invos-
, tigate tho real iniportanco of those
questions, 1 shall have accomplished
all that I can hope to accomplish.
hat is it that this bnel, terse, and
ringing army order askg tho American
Sonata and tho American people to ap
nrnvo? What ia it?
first, the recognilion ny mo j'resl
dnt of the United Stales of ono of two
Stato governments in Louisiana when
the power to do so resides solely in
Second, tho use of troops in Louis!
ana without authority of law.
Third, blind obedience to or com
plicity with a void order mado at mid
night by a Federal judge.
., Fourth, denial of the light of petition.
Fifth, armed interference) hy the Foil.
i ......
jxiZ:, 'L
eral powor with the right of it .Slatti
liCgisluluro to jutlgo nt the elections of
its own Tncmbors aril to perfect its
own organization. ''
Sixth, tho niaintonahi'O of n govern
ment of force and fraud nnd a continu
ance of tho rule of tlie sword over a
pcoplo competent find anxious to gov
ern themselves.
First, tbo recognition by Ibo Presi
dent of ono of two Stole governments
in Louisiana when the powor so to do
resides solely in Congress. On tho 12th
of December, 1872, there were two
govormcnta in Louisiana, each claim
ing to bo tbo rightful one. Tho one
was represented br John lIcKiiorv:
tho other by P. B. S. Pincbback. Uf
tho one, it has been (gain and again
suiil uiron this floor ami declared hy
oven- coinniitteo Ihtd hns made n re
port to this body or lr the House of
Kopresentntives thn, ,'i yn it govern
ment of force and fraud.-' Of tho nth
er it has been snitl liv a committee
of tbo House of lifjircsentativcs ns
well ns by a tsennto committee that
it was the rightful government of tbo
State of Louisiana. There was no vio
lence, no Insurrection ill the Slnte of
Louisiana on tho 12lli of Doccmlicr.
1872, Tind 3-ut the President lwognized
nnd protected tho government at the
head of which was P. H. 8. l'inchbaek
without authority of law, without au
thority of the Constitution.
I ntler tho provisions of section 4,
niticlo 4, of tho Constitution it has
been expressly ruled that "Congress
alone can decide what government is
tho established one in a Stuto ;" nnd
liir this 1 reler to the case of Luther
I'd. Ikuileu, 7 Howard. While this is
true, I concede lhat under the act of
17D5 it Isequully the duty of I ho Presi
dent, w hen thoro is insurrection w ithin
a Stuto or domestic violence tboi-o, to
recognizo ono or tho other of the esist
ing governments, as such, iu order that
ho may efficiently aid tho Sluto under
u cull iiiatlo under the provisions of tbo
Constitution. Vet, as 1 shall prove in
a few moments, 1 trust, on the 12th of
JJccoinbor, 1Hi2, there bciiif; iieilher
insurrection or domestic violence iu
tho Stuto of Lmiisinna, tho President
authorized I his telegram to bo sent:
Dbi'Ahtuist or Jl STIl B,
Dictmlrr II, IK72. ,
AoliBg liorcrnor Pi.iinBArK, .
Arm (MraNS, .oaisiooa ;
Jtef ,f 6. ef.r,-eod ,Anr mnu ere eern.,rtise.f te
lie Veeiifeel ae lie iowm! erecellre or it:Nieuinii.
oad I'nl tic onife mttemiltd mt J.rAaNies' u.ri-
refe i Ik IovhI .epilaiurg of rA. Stott, end It
is suggested Lhat ycu make proolainalion to that
enecs, ssii aieo uiai an ssoe..ery swi.iane Mill
be gilt's to yoe BBd the Legi.lalure herein re
cognised to protect thn Btate from ili.or.l.'r and
icnee. iiko. II. ev A AIM,
Alfomry - tVeuerof.
Enough of this. .My second proposi
tion is that troops were used in Louisi
ana without authority of law ; the Pres
ident used them when there was neith
er domestic violence nor insurrection.
Tlio resolutions of tho Lousiunu Pinch-
back legislature aro under date of 9th
of December, 1872, and aro in these
words :
(Telegram. 1
N'BW OlU.EAVS, Oertmltr), tS7S.
We have the honor lo to ver exeol-
lescy Ihe following conourrent resolution of both
buasss of tho (lenersl Asaeiobly and to rvnuest
an ear.l.tai,lju'. HH.. s.iniou,, - ..
vened. In eeinplionoa with Ihe call of the Oor-
ernor, and oertaiu evll-diepoeed persons are re-
poitsd to be lormlug couininstmn. to disturb me
polilie pesee, defy tbe lawtal authority, and the
State ia threatened with violence : Therefore,
"ifs it reeeleed Oy rAe &nle end inee o AVp
reeeslalire of lie .Vtare n .wwt.iniia ,'n Utntral
Aaeemby, That the Presi.lsnt of the
1 B ited States be requested te anonl Ilia proteo
IIob Kueranteod each rttnte by the t'otistitutiiia
of the Tailed Hlsles whoa Ihroatcnod with do
mestic violence, and that the presidiog olfioera of
Use Ueseral Assembly Ibis resotutiiia
immediately, by telegraph or otberwiie, to Ihe
Preeideol of the United Stales.
"Adopted in ticnoral Assembly ejntensd this
9th day ef Deoomber, A. D. ISii."
.leaf-.tforeraoroaif ',oe'l. of lAe Steals.
.Vyieat'cr of (As Ho of Jf.reerari'i..,
When threatened with domestic
violence." There is no such word with
in the lids of tho book. Iu language
is, "Shall protect each of them against
invasion; unit on application ol the
Legislature, or tho executive (when
tbo Legislature ennnot be convened)
ngninstdomcstic violence;" not "against
threatened domestic violence. rirst
thcro Is Ibo civil power, tbo great
power of the law; next the jmnw com
itatu of tho State, under the control
of tho governor and the magistracy
aud those whoso sw orn duty it is to ad
minister the luw; and all of these must
bo exhausted before an application can
legally ho made to Ihe President of the
United States lor troops, lint here
tho resolution of tho Stuto legislature
itselfdeclnres that there is "threatened"
violence and "reported'1 insurrection !
Wo find also on looking buck to tho
condition of affairs in New Orleans on
that very dny what tho actual condi
tion of things was. S. 11. Pacard,
I'niled States marshal, in a dispatch
luted tlio nth ol liceomlwr, snys :
Nkw Oni-BAKS, La,,
Jmrmotr W. 1972.
1LB. dito. II. Williams,
AliorHcy LVeiiernl I mtlr Slnltt :
General AsremblT returned hy leant hoard Is
Bow orgsnisedal State House. Satiate hn. pres
ent twenty Republicans, eight Lltiuoornte House
fifty llt lml'llrnns. and fourteen liemncret. :
about half Warnioulb'a merohrri rntrtieirsllna.
State Supreme Court has sent Elmore, War
mouth's usurping Judge of tbe elghlh di.triat
court, to Jell t,n duya for contempt, and his
clerk Ilia days, and Any dollar! esch. All oio'cf.
( . . JVririAiif.
Rear in mind that is under tliitu of
the Oth of December. Then f oo on the
same day, December II, "P. H. S. Pinch
back, lieutenanl-goverinir, acting gov
ernor of Louisiana," telegraphs the
president ns lollows:
Nnw Osi.bass. Dtnmiir V, 171.
Presldsnt flniNT:
Haying taken tbe oath of omce and being lb
ibe pn.sss.loa of Ibe guberaaiorial oHine, 11 de
volves onun ms to urge the noces.lty of a Isvor-
atde onnrliterstlon of the reiiuest uf the denerel
A.eerooiT as eonreye,! la tne noncurreat rasoiu-
tkos of tbia day telegraphed to yoa renaeoliBg
the proLeotluB of the I'niled States llnvcrnmnnt.
lie pressed to send tbe necessary orders lo tiro.
Eniury. This seems te ma a aseee.arr meaeure
ef preeaetiim afiAoegA all t's eei.l Acre.
r. n.s. riMCiiiMch,
Xisat. Goo., Artiay CVoa of .oNi.i'iina.
Hero wo havo Packard, the marshal,
and Pincbback, tho acting governor,
Who on that dav demands troops, uollt
of them telegraphing the President "all
is quiet here. J lien on tlio 1 1 111, two
days billowing, Casey, the collector,
telegraphs Ihe 1 resident and gives the
situation. Hoes ho say that there is
domestic violence or annod insurrec
tion? io, hut the contrary ; lot me
read his dispatch :
Ni;0i.B-e, Vk II, 1871.
President (Ibabt t
PsrUce iBleleeled la the eor,iasa of tlie Ib-oao-eralls
party, particularly ! New OrleaBl rune.,
are making desperate snorts te array toe
people easiest us. Old citueaa are dragooned
into aa oppoeillow they do net feel, and pressure
Is hourly growing i our members are pnor and
adversaria rtea, and offera are made thst are
difficult for them io wltb.taad There li dearer
lhat they will brash oar eeornei. The delay ef
nlaelaa Iroona al Ihe di.ioaal of tiov. 1'ineb
back, Is accordance with joint reaolullon of
Monday, Is dl.heertealag oerfrieade and ebeering
esv eoemWa. If reqai.Mloa al l.egislelere ia
oueanllod wiLh.all difflcs ty will be dlssiBSled. IA.
pwrrr eweed, and everything go ea smoothly. If
Ibis la dons, tha Mdu wilt be tamed al enoe In
ear favor. The real aaderlylag eoatimoat is with
no. Mil aaa but he eeeesroged. tiov. Pinch-
book Is acting with great discretion, as is lbs
Legislature, aad lacy will aa continue.
JAS. P. UAHlY, :
: . IW'rrfor,
APKIL 7, 1875.
On tlio following tiny, tho 12th of
neceniuer, rincltiiuck telegraphs to the
President : i
' ' ' Nhw0ni.u,s,)e. IJ.Ists.
President Quant:. ,
In view of the fact thai 11. C. Wnrmoulh, as
suming to aol aa Uovernor after having boeB iu
peaohed and ansposded from hia olbre el' Uov
ernor io strict compliance with tho aonslllullon
and laws of this elate, lias Issued a proclamation
deeJaiug himself , as still Uovernor of
tho Msto, and lias assumed to coo
vrnc an Illegal body ol men rtyltug themselves a
legislature, tbaa endangering Ibe publle peace
and tranquility and tlirenteniug domectlo vio
lence, 1 re.pcctfully request that the command
ing officer of this department be instructed, lo
eouipllaaoe with Ibe requisition of tbu Leglilu.
lure, lo aid and assist ma in maintaining lbs
public peaoe and protecting and sustainlug the
legal Diate government.
Aeliog 6'orernor of Looiiinno,
That is on tho 12th, three days af
ter tho demand of tbo Legislature, and
still it is but a threat, still It is but a
proclamation, still it is but the effort
ot arinotitu. here aiv there tinned
troops? Whore is the nruied insur
rection of tho domestic violence against
wuicii tlio mailed hand ot the J. rosi.
dent is to bo raised? It is nut to be
found iu these dispatches; and yet
upon thai very day the 1'resideut
telegriiphs n recognition of tho execu
tive, Pinchbnek, nnd of tho 1egialittiire
under his control, mid guarantees to
him Iroops.
Kow, sir, as boat ing on this question
let us contrast tho action of a Presi
dent of tho United States thirty-nix
yeum ngo with tho action of tho Presi
dent of lo-diiy, and let us see, if wo can,
whither wo uro tending and how this
question of protecting the rights of the
pcoplo of this country according to the
doctriticsof civil liberty, is being turned
to their injury and the deprivation of
their most valued privileges. Let ns
sou whether this is tho normal or ab
normal condition of this people. Let
iib learn, il wo can, whether precedents
aro not being piled upon precedents
Unit are sui mtimt but ought not to lie
used against this people, to tako from
them tho great rights tbat are guaran
teed lo t hem under the Constitution
of the United Slates mid tbat camo to
them from the country finm which
they draw their laws and their libera
ties. ' Hear now what in the State that
1 havo tbo honor to represent was
said by the governor thereol nt a inc
mornblo crisis ill that Stuto ill regard
to tho condition of things thcro This
is under date of December 7, 18TJS :
Rut: It Is or exceedingly sntiles.BBt duly
officially lo laforin you that such a slate of do-
inealle violence exists at this place as hoe put an
enu ior ine present to bu ino exercise el tno reg
ular faneilune of Ihe Slats goversmeBL, Tbe Sen
ate of the Htato bai eeea compelled by tnliiaide
tioa to break up in oonfuiiou. Tbe duly su.
pointed presiding officer of tbe IIoue of Reprc.
icntnttve. was prevented from calling the House
to order at Ibe hour to which it stood adjourned
aud was ejected from Lite hall by violrnoe. The
relate department ia closed, and I hare sot
deemed it safear prudent to proceed to the execu
tivoohembor Binoethoflretdialurbunoe,wnich look
plsro on the 4lh InMnnt.
To hia Excellency Mabti Van I) car a,
. , J'rttiiit of lAe L'nited Slatti,
And uihKt dalo uf tho 4ili of Jecuia
Ikt pit.viwiH to that wo find this proo
Itiiiitttioii uf tlio govt'. 'in ir of J'umiM) i-
Ihe eoauties of T'lillaileliibia, lanaiter, Ada mi,
.,. 1.1 et, JI -
and othr plaeea, bare aemmbled at tha teat af
g(f eminent, wun ine avowed oojcei oi uiiiiira.
iug, interruitiiiK,antl overawing the laegiiluture
nt fliiii Counnoitwoatth, ant of preventing tie prop
er organiaallen and tbe reaoeble and free die
obarge of ill dultot, and wbareae tbe id mob
have already on tbie dny entered tlie senate
eh em tier anJ In an outrageoui and violent man
nor by elamuring, ehoutiag, and tbrejteaing vio
lence and death lo me of I lie ioeailere of tbat
body aad other iiftoeu of tho government, and
finally by nihing witbin tbe bar of the eeiule
eh am bar la iletiaKee of every eHert to reetrain
lb cm, eomKlleii the Senate lo uijend buiiiieM.
lloiv i tho nitxtaiiiation and tho
dt'iuitiid ou tlit) Federal Kxeoutivo.
Now X will Uhk the Clink to road tho
uiiHiver niitl.uri..od hy tha 1'ruHideut of
tho I intod Mil toft, no mucked in tho
hook whii'l. I Hcnd to tho dclc.
Tho Chief Clerk road us follows:
Wm Dki artuemt, Ptcmltr 11,
8ia : The t iter aMreieil by yoar txeeJIeney
to the Preiident of tha tnited Slate, anderdate
of the 7th inalattt, waa rewired yeilerday and
rrlerred to inn Jnpartnent, where it nax re
oeived that renjieetful and earnrit eoanideralltin
n which the high nouroe whence ft ainenates and
tbe importance of the 'ahjeet entitle It.
In thii ootninaBiaatiea your eioellency infumi
the l'roident that such a euie of douiealio vio
lence oxlile at Harrieburg aito pat an end,rur tha
onMent, to all tbe exrrviae of the rtgular fuae
tlnne of the Pttite guvernment , and nndere It
ynur duty to rpqiient tlie aeeordanee
with the Iburih Hvtion of the fvarth art idle af
Ihe couatitulion of the I'nited filatee, to take
lucafuroi to rotrrt the State of I'ennoylvania
aeaiiiMt the tlltx'ti of the dnmeetie vtolonoe which
your eioellencj afflrtni to be then ia eiilenoe.
iireoiaueo oi ,ik eonfuiuiion w wnico yonr
excellency refer, and the act pawed la iurau-;
nee thereof, au thorite tbe freeident to eatl out
the militia only en tlie application of tbe Legta ,
latere of a Stale, or af tbe exeoulivo vf a butt, I
when the Legiilaiura cannot ba cod vened. The 1
natnreuf tha 1'reiidcnt'R duty being, therefore, i
discretionary, it ia incumbent npun him to eier- j
eifo tbe attnuat care In examining Into all tbe j
eireumetanrea of the aaae. ae well aa to deter-1
mine whether tbe awiuo ooatetaplated by tbe i
law haa ooenrrwi,
Tlio eiirnuiulioB whioh nnw threatent the peace
of tha Comni,,IWcath of t'ennnylreala duee nut
appear ta ari rrem any oppoaitiun te tbe law j
but grime out of a political ooateet balnatB dif
ferent raemberi of the government, inont, if nut
all of them, KitrDitted Iu be the legal reproannta
Uvfi ti,0 people eon rtltution ally eloeled,
about their relative rlihtai and eiecially inrel-
ori neetotheurganiaationof ihc popular breach of
laegiuaiure. j0 luterfrretnany comraoiion grow
ing aut nf a pnntroverfT of ea grave and deli
on! a eharanter, by tbe Federal authority, aruiod
nn e military power oi ine goveriiiHeuswuMiij
be attended with the moat daitRproua ?onHiicn-
oea to our repaiilioan inatitutiona. In the upin-
'"n or the Trepidant, lila inu-rterenoe in any pu
llllcal etimmothin in a Ktate ooutd only be jafti
llesH by tlie applinetlow fnr II lielng nlearly WllblB
Ihe i uaning ul the fourth lection of tbe fourth
article uf the onatituliun. anil of (lie act of con
grena parri'd in purananne ibereof, and whew tho
dome tit violenen bntiiftht to bta nollea il nf eaofa
a ebaraotar tbat tbe fcieie aalhuritiee, livll and
nliiUry, af ter having been duly called upa,
hare pruved Inaiientinta to aoppreaa It.
, 'a a a a'
Very itHMMtrullT, your obedient lerraul, i
4. a. rui.i..rT.
Ilia Tioellt-nry Jus. ItiTir.rt,
Vsa. of t'rnntglriHiit, Nirfithnry, tt,
Mr. WALLACE. Mr. President, Il
will ho noted that 111 one case, that
which occurred iu IHIltf, armed violence
had ejected the olllcent of iho Senate
and ol tho I louse of a Slnlo Logislaturv
li-om tbe halls of legislation. They
were idisnhitely driven from the halls.
Tho (invernor had issued a proclama
tion that domestic violonco nf Iho
gravest cbaraeler existed ami thai ho
could nut suppress the insurrection
men), ana neneo no mans aiuiiicaiioii
to the President ol tho Unitwl Slates
for nssiHtnnco ; who after consideration
of the whole subject declined to furnish
to hi in the Irotipsot tho united males
hecanso the power of the Commoii-
weulth bail not hcen exhaustcii, noranso
tho strong arm ol' the civil power that
nn commaml at will tlio assistance oi
the militia bad not been invoked, and
had not boon used to its utmost extent
Hut in Louisiana in 18i2, when there
wits no' lien all wastiuiet,
us both Packard aud Pinchbauk tele
graphed, w hen tho whole question was
one of "threatened" or "reported'' in
surrection, tbo President immediately
telegraphs orders recognizing tho con
trol of the government of Louisiana in
P. 13. S. Pincbback and tbo legislature
assumliled nt Mechanics' Institute to bo
the riuhtful one.
Tbo iMiint J make, hero ia that, if
there was ne thor,tloinustic violonco nor
insiirroctinu, Uuin Congreas alono can
recognize the cxiating (tovemtnent in
a Stuto, and tho President's rccogni
tion ia without authority of law. It Is
only in tho cases named iu the net of
17115, the existence of domestic violence
or of n condition of insurrection, in
which his hand is to bo intruded, ami
ho from tbo very necessity of tho case
is authorized to recognizo tho one or
Iho other. Here in tho luw-mukiiig
power, hero among tho representative
of the State and tlie people, this ques
tion of whether a State government is
in existence or is not in cxisteuco is to
ho settled and determined. Determined
how? Under Ibo Constitution and
tbo laws, by (bo precedents (hat Ihe
wisdom ol tho iast lias established and
that arc maintained und affirmed by all
who believe in tho form of government
under which wo live. The Constitu
tion and tbo laws und tho precedents
that they warrant and sustain arc our
charts and guides, nnd not those that
uro sui grucri aud abnormal.
Third. Wind obedience lo or com
plicity with it void order mado at mid
night by a Federal judge. It is not
ilmned that this decree was an infitin
oils decree. So Senator raises his
voice ill behalf of tho order that this
Federal judge niaile liiadeut midnight
in a ensu in which he bud no jurisdic
tion. It cannot be defended. The
inliitny of this onler has not been i
Celled since tbo star chamber made its
infiinioiisdecrecsor Jeffreys took liliorty
and lile from the people of England. It
was a void oiiler made in a cuso iu
which there was no jurisdiction, at
midnight, and to support and enforce
it cnine tbo whole power of tho tiny
criitucnl ol the United Sttitcs, civil ami
military. Ami yet there has bcon no
infringement of the Constitution, no
breaking down of tbo laws of the Iie
puhiic, no destruction of precedents!
And we are asked here lo blindly vole
to endorso the action of the President
in permitting 1 will not say creating
but in permitting the destruction of
tbo very essence of the doctrines that
lio ut the base of I he institutions tinder
which wo live, tho essential, the vital
doctrines of a government of law and
of civil liberty.
This decree wus made on the 5th
day of .December, 1872. On tbo 3d
day of December, 1872, the following
telegram was sent by the Atturney
(loncrul to S. 11. Packard, United
States Marshall ;
lUnmhtrS, Mt!.
I1, It. Pai-bibd. Fsq.,
('. . Mor.hol, A'rw UWeaoe, It:
Trta are o fofefco the dMiroes and mandates of
lbs Colled Stale courts oo matter by whom re
sisted, end denerel Kmory will furnish you with
all aereaeary troopa for that purpose.
llorwey Utmeral.
Forty-eight hours beforo tbo mid
night decree was made tho Department
of Justice directs tho enforcement of
the decrees and mandates ot tbo United
Suites courts, which are to mnko a
decree, as ia shown by the subsequent
action thcro. Forty-eight hours iu ad
vance power is given to use the whole
of tho military force of tho United
Stales in the Stuto of Louisiana to en
force, the mandates and decrees of the
ni Tlv,iiilier' "nV n,ilT I,. n niton!
elovon o'clock, as tho testimony is, the
order wns mado by Unroll for the
seizure nf tlio Statc-bousc. On thoGth
of Decenilier, at two o'clock in the
morning, or within Ihrro hours niter
the making ol this void decree, the
State-honsu wns garrisoned by I tilled
Slates troops the Iroops of tho I'nited
States, not the civil powor of Louisi
ana aud tho ;wr coimlaliu that accom
panied it, but Iho tmnps of the I'nited
States under the order that was mado
but three hours before; and for six
weeks I hey garrisoned and held t he
Hlato houso of Louisiana. On the Bth
uf December from tbo same infamous
eonrt crimes the injunction nnd tbe
iiii7n(imifj to organize tho Legislature.
This injunction nnd this decree, void
and inlamous as it was, subverted the
real government of Louisiana. Up to
this hour there were two govormenls
there, tho ono tbe government ol the
people, not the government of foive
and fraud, but the government ol
MeEiiory, tho rightful government of
Ihe State ol jjoinsiana. I p to thnt
hour, in which tho void decree of a
I'ederul judge was pr iinulgated and
enforced by Federal bayonets, there
were two governments in tho Stale of.
lintiisiana, one a rightful ono anil the
otlicr a government of fraud, but after
the promulgation of tbat decreo the
rightful one was subverted and there
come, into power tho guvernment of
hoili force anil Irutiil. Horn ot a inttl
nigbt docreo of n Federal judge, its
natnl plaoo surrounded by Federal bay
onets placed tbero by the orders of tlio
Attornoy-fioncrnl, wo havo its neces
sary results. As a matter of course
tlio Attorney -(.ioncrul nut not ulono
perform this strange work, for tho Do
partinont of Justice docs not gonernlly
onler troops of tho United Stntes tti
act ns It pleases without otlicr author
ity. This docreo subverted tho gov-
ument of Ijotiisiuna. Upon this sub-
led 1 renu bricn v Irom tlio report, ol
the t ouiintltee on rnv I leges anil elec
tions of this body, made by the late
Senator fVoin Wisconsin (Mr. Carpen
ter; and his colleagues, tho niajiirilv of
the committee:
Third. Hut for Ihe Intcrfrrenoe of Jo-lire Tti-
roll In ihe uisller of Lht. stoic election, a innuer
wholly bcyoad his jarisdlclton.tho UcKoery gov
ernment would lo-d ay have been Ibe els uric
government of the rilste. Judge Iliirell loler
pueed tbe erm, ef the t'nfted States between tbe
people ef LoulsieBa and tbe only government
which has 111 semlilaBoc of regularity and the
result of this has been to establish Ilia Kellogg
government, so far aa that stale sow has Buy
government, rerio. , oi.iw luiFn.r
la a Stale elortloe, asd, hy Ilia employment of
Iroops, set up a tlovetnor and liOgMature with
out a shadow ol right, and thca to refuse redres.
of wrong upon Ihe ground thai ta great relief
wenid lis interlcrina wilb the nalils of the
Stale, Is a proposition didoelt te utter with a
gravo countenance.
Anil then the eoniiiiilUio, on pngo41,
suy : .
It I the opinioa ef yonr eeinuiillce thai bill
for the unjuslitlabla Interference of Judge llu
rell, w hoee orders were executed by UsiUsI Stales
troops, Ihe canvass made hy tho lie Veriet
board, and promulgated by the tlovernnr, de
elerlna Mealuery le have bees elected Uoveraor,
do., and el-o declaring who bad been elected to
tho lrfgi. latere, wonld bars ne,a Bqniceei-4 la
hy the people, and that governmeat weald have
entered ttuietlv anon the exercise of the cover.
eigs power of the Slate. He the prneaeding. of
Judge tlurell, and the luppo rl gives 10 biru ay
tho rotted Slsn-s troops, resulted in establishing
tha authority de furto of Kellogg aot Ills assuoi
atea ia tbe Stale ofllcee, and ol the persoos de.
Blared by Ibe l.ys.'h board ta be eleeled le tbe
Legislature. We have already seee Uiat the pro
eMdinos of thai board cannot be sasteiBsd wltli-
BBl dtsregardleg all the priaciples ef law appK-
L, f.iibaui r.-aod.
ine uisuae-
So. too. the minority of that com
mittee, of which tho Senator from
Indiana (Mr. Morton) was a part re
ported In theso words :
Tbe eoedaot ef Jndge Hnrr.ll, tilling hi Ihe
circuit sosrt af lbs I ailed Stales, oennot I Jas
IIAed er elelended. He exceeded his Ja.
rlsdicllos, and eieamed Ibeeserolse ef powesste
which be e.ld ray so etelat. see Ills er
dev. Isseard la the Kellogg ease te the I'olted
Hlsles Mor.tal to lake powssloB ol the Blste
llou.e ror the purpose et preventing s nlswrul as.
aesablsges. snfer whh the Marshal Balled eo hi.
..j . i M aha Amv ot the Untied avals.
a. a posee eecairefaa, aa enly be sharaoterlsad aa
a gross assrparios.
Thua 1 sm sustained hv the majority
of tho committee and the minority of
TERMS $2 per annum in Advance.
SERIES - VOL. 10, NO. H.jfWv
' I elfcti'd to Ihe lower boi
" which majority the eoBaervatlres were deprived
eBBBBBBBBSBBBBaaBBBBUBBBanauBUBsaxeBBBBassa , by tbe unjust, illegal, aud arbitrary aotiun of Ibe
' returning board.
tlio committee, all rcprosontutives of! To the resolution reported to the bouse from tbe
tho other side of this Chamber, in mv I "i"oe, "Hon ot the returning
, . . i , , i -i , J boeid, we ere ell agreed. ,
accusation that this WHS a Void order w. understand ibe eommiUoe lo be uoaal
tind thnt the McEucry government mints la finding the fool thanks action of the r.-
was f ho rightful government ami wns
rttti)lanled by tho voiil order of Judge
IJnivll. eiiloiteil dy federal liayoncts.
IJurell has lieen condemneij and driven
from ofllca ; be is no longer there in
control of tbo adiiiiiiilrutioii of Ihc
law ; nntl yet (lie Senate of tbo I'nited
Slates and tbo American pcoplo aro
asked to endorso the powor that in
vited, sustained, and enforced this
breach of the law. Ami not iuslitied.
am I not wuriiintcd in tho proposition
1 make, unit tins is an endorsement
of blind obedience to or complicity
wilh n void order mado ut midnight
by a Federal judge ?
fourth, denial ul tho right of petition.
This innv seem to he a trifling matter.
Trifling though il is, ; one of those es
sential matters w hich were put into
the amendments to the Constitution of
tho Unllod Slates as a vital and iiu-
portunt right, and it is found in the
Hist article of the amendments:
Congress shall inako no law rspresenlinx aa
citublisblucnt of religion, or pruhihiling Ilia
free .Berries thereof! or abridging Die ficcdom
of stiect-h, or of tbe press ; or the rilit of the
people peaaeably to assemble, Bod to petition tbe
goiernuioret lor a redress ef grievances.
Who is "the government" that is to
no petitioned ,' t ongress, when Ihe
sulijuct-matlci' relates to tlio action of
Congress; tho judiciary, when tbe
suhjeet-mutter relates to the control of
tho judiciary; the President of the
United States, when the mitlter relates
to n subject upon which bo is author
ized to uct. 1 his is ''the government,"
liir by Ibis construct inn only can we
And what ' Iho gi.vernmciil" menus.
When the subject is to be acted upon
by Congres, wo petition Congi-ens for
redress of grievances. If it iscontnill-
od by Iho judiciary, we petition the
judiciary. When it is tbo President
that has the right to act or assumes
to act, wo petition tho President. In
this case tlio Exeetitivo claimed the
right to act and did act. On tbo 12th
of December, 1872, Thomas A. Adams.
chairman of committee of citizens upon '
tbo authority of a mass meeling then
recent lv held in Now Orleans, tele
graphed to tho President :
Nbw Orlbabs, Veecer 12, 1-72.
Silt : As chairman of a eotnmillec of eilitrus,
ppnlnled under authority of a mora meettox re
cently held io Ibe eiiy, I am instructed to iufurm
you tbat tlie eommlttie ts about to leave here lor
Washington to lay liefore you end tbe Cone-rose
of Hie I tilted Ststea the lacts of the political dir.
neuuies at present existing ia tin. Male, ami fur
ther earnestly to request yon to delay exeeutire
actios in ,oe pto.. ustil after the xrri-sl e
hearing of said ootntuillee, wbieh is composed of :
business and profrasieaal moo without legord to 1
uast political afiiUaliona,
His Excellency l'.H. Onxxr,
frttitnt of Ik 'sired .flares.
John MclCnery on the same day
lelogniilieil :
New Om,baiis,
Areee.r 12, 18)2.
HIsKxoellsncy r.r?.0nAXT,
feesideBl (Nifecl Aerrs .
Clnitniug to bs Uovsrner-elect ol this State, X
beg of you, io tbe name of all justice, to sus
pend recognition af either of tbe dual govern
ment, aow in operatioa here unlil there eau he
laid before you all faoto, and both sides, touching
ihe biutiuuix.f jiLhae-icoveewwwwvl- XSe-
! . ... ... v , -1 r I- ,.. O. beoid
through oommittee uf many of our best eitisens
oo eve of departure for Wosbiogton, before you
recognise tbe oaa or Ike etber of aald govers
mcnta. I do not beliere we will be eondemned
before we are fully hoard.
And the memorial of one bundled
citizens of the State of Louisiana was
forwarded and is found in tbo report of
these proceedings, dated the 13th of'
December. Hero was a petition, a
IHl L'l to IIVUUUIO, anil yet Oil Lllltl
i . ....I. V,r I-,. t.. ...
. I. 1 .l . ......... .1....
c-i villi i iiu luiu ui an, uiiiui-r. tut, i .. , . . , . .,
Department of Justice telegntjdiod to ' w, hc a tllls "y
Jnl n M..F.flrv M fnllmva- J h Kovornnioiit ol law no man can
lion. Jfn. Mcr-aiiv,
Arte Oreaaa, It. t
Your Tii-it with a hundred eitiiena will be una
vailing eo far ae tbe VrmUni it tmcmrtd. Uie .
J?':..". .. ''"t",..r. !
and peaoe will be restored.
iiho. ii. Williams,
Hero wns a refusal to hear. Here
was lehgrnin Innn tlio ictitioners
couched indecorous lunguugo; liuro i
was a condition of things in that Stuto
ill which tho light of petition Wa one
of the dearest rights to that pcoplo. j
Aii,y voiuiT viiii, utonvu. ,1, , i l;o iil;
aml lay their petition at the feel of him
who lias power to act nntl who docs
net, and yet superciliousness nnd ab
solute denial como to this petition of
these citizens nlmost immediately upon
the announcement that tbev ask a
bearing of their petition, and they tire
deined the right to bo beard ; and they I
were .iiirneii uvtiiy. -o giiveiinnein
under henven, not even the most ili n-!
potic government that exists either in
Kumpoorin Asia, has cvor denied tho
right of jK'tition. It is a conslitu-
tmnnl right ; if is a primitive, a nuturul ,ler, for tbo courts were open ; and al
right. It is a right which is tho result iin,,.,h hn wns in mien insurrection ho
of froo speech and deliberation. It !
belongs to us as tiwmen and citizens j
no nvo in n guvei-oiueiii oi eivit
liberty antl of law. Tbocreuttiro ninv
petition tho Creator und it is the
medium ot advancing Christianity. It
gives Information of rights nnd of
wrongs ; and is a safety-valve that in
a government of law may very fre-
iptently, whilo tbu putitiou bo not
grniiliM, ho muilc to he n menus
sonpo for manifold evils. And yet.
sir, ho wlto occupies tho place that
John tjvtimr Adorns ociniMetl, win, in
bis dtry was utmost a martyr lo bis de
mand lor tho right of putiliou in tbe
other branch ot Congress, directs hisj vtt wn, convicted of murder nnd ex
suhordinutcs to reply with supercilious ccntod
denial. HerefiisoHloheartheirprayerJ fun the laws trofurther? Yet thoso
tho modest lvetition of ono hundred ;
citizens headed by an executive. Tho
rightlitlgoveriiorol tliei.oinnionweaitii ' nu,t wo have, but that branch of the
of I isiunu. who lowly bends hi'G( that sils in another por-
neck nnd asks to bo heard, is denied lion , tliira building, in Kt parte. Mil
Iho right the Constitution gives us all , jgm,, ruled that Ihoso righls do not
and a supercilious suliordinttlo fells him j ,.cht on w rilten constitution, but havo
his jMitition will be unavailing; and I he ',., i tls us part of the liberties of
sooner he bows to the imvilitble the' . people, have deaeended to us as our
better ! . fights, our inherent rights, and nil tho
Filth. Armed interference by I.e.-, .t, arecnlillod to them, and n belli
Federal power with the right of a State j t,o armed hand or tho warrant of
legislature to Judge of tbo rpiulilicu -i t,u 0cer attempts to tsko them away
lions nf its own members nnd to ior- fy,m ,m ,0 js liuhlo to tbo nnnishment
feet ils own orgniiisntion. This f'glit ; (m t,e law metes to tho crimo of
is one scarcely to be dented. It lnl
never boon sttccessiuiiy rnnirovcncu
in any phui, and I think it will U'
sciireely denied by any ono on this floor.
Tho Senator from Indiana in his rciiort
on this subject to the Sennto pf the
United States holdsthe language whioh
1 will read. Thisreport wasmadoon the
2lh of February, 1873. It is found on
pugo 7 1 of tho report :
This principle that eaeb bouse haa tba exclu
sive Jurl.dictioa ovar all qaeftioa. touching the
e ,!,, anil naal ncal OB ol lis memners, ann re
... i.. .... .-, whether a lawful nunrnm
la preeent to no nu.ines., a. so wan roaviunm SinrtOll (Hit WHU IS euuntianwy lirwvwis
thai ii hea heea hoidea by the eoart. Is all , ,( fu in thociise.nnd 1 doafllrm
Ihe Hlsles a ehteh the queslioo has arisen, as . ., . t, .11 I
" . s..,n.s .r.k.'ttial a nee the duvs of Cromwell and
stales, lhat the validity of a siai uu eaeaoi be1
impeached by a plea thai members look pert In
its esoelesaat whe ware Bet lawfally Bleeted, or j
thai it waa passed Is Ihe abscess of a l.wfat
quorum, or that tta eBaotnaent ws. procured by ,
bribery, or aUesded by elber groe. Uregalarity .
It is a vital aud essential right It
ia not dented by any one. It outers
into the constitution of every Slate in
tho liopublio. It comes to us from the
parliamentary law of Great Britain.
I It is in tho Constitution of tha United
; States It Is oHumtial fo the indnpoti
' deneo of tbe legislative branch of each
'of these governnieiils that this right
should exist ; flint it should exist sole,
independent, and sovereign, und thai it
should not interfered with by the
judiciary, or by tho Executive, or by
any branch of tho Federal Government,
j If tho President can interfere at all, ho
! is able to inforforo with and control
I this right at any timo, in any place,
I and under any circumstances.
! On Ibis subject I road from tho it
port of tbo House cominmittce, as fob
! lows :
I We bold, therefore, that la Novenibtr, Is71,llia
people el the state ol l.ouli'aoa did lalrly have
peaueable, aud lull registration and alee.
onB.orvative majority wns
ouaa of the leri.lalure. of
; "jrdi"g
j Jf,"
a uoara oas aeieaieu ine win oi mi ima-
expressed by them et the polls on tbe Id
vouiber. 1H71. The people then elected lo
tbe lower hoa,e nf their legi.lstare a majority of
ooavervative members t a pjrtioa of tbe eooser
vslive members thus elected were refused their
eerliflcotes. Thl. is an act of great iejostica le
the iadividoats, of gravest danger te the btate
and Iree government, and ought te be immedi
ately corrected by any power competent to cor
rect It.
Yet the Legislature being organized,
with this clear right and plain duly,
going on with its business, armed sol
diers intervened on tho 4th of January,
1H75, and dispersed theui. Tho Presi
dent says ho know nothing of it prior
to this occurrence. Let us see. In
Ihe message of tho President to this
body on the 13tb ol January, 1875, he
Hospeetlog the alleged laterterenoe by tha mil
itary with the organisation of Ibe Legislature of
Louisiana nn Ihe itb instant, I have Bo knowl
edge or infnruinlion which bss not been received
by me eince thnt time and poblitbeil. My
fust information was from tbo papers of the
morning of die ot . of January. I did not know
that any such thing waa anticipated, aad oo or
ders nor suggestion, were over gives lo any mili
tary iitbrer in that State apoB lhat sabjeot prior
to Ibe oeourrcoce.
lint under duto of tho lDth of De
cenilier, 1874, wefind this dispatch :
Cipher Telegram.
Nr.w Ohlkass, La., Urermltr II, 1871.
(ltccetred Ueeember IA.)
To Alu'T-daxKBAi. IT. S. Abut t
The returning board and people representing
opposing party differ OB vital questions, k'seb
avors against tha otber erime of such eeormiiy
thst in tbe present excited state of the public
mind violrnco Is Imminent. On the rceasion ef
Iho Hib of September 1 wss informed, in a dis
p.ilcb dand LiLh September, that tha 1'reeident
olrccted yon to say tbat previous orders ere Bot
to be ol'scrved : in eonsequeooe of which my or-di-r
te Col. Ilrooke to reoxgoise Ooverflor Kel.
togg was revoked. Bad an inLerreganm intervened.
Tuavuid future misunderstanding in Ihe impend
ing disturbance, which may happen at any mo
ment or way not oct-ar uutll altar the meeting of
tlie legislature In Jaouery, I ask to be faloroi
oil if Ibe instructions contained is your dispatch
of HeptemVer IS ate to be considered ia form, or
if I am to await the result of another applioetios
from Uoveraor Kellogg to tbe President f
W. II. KMOIiy,
CWoms and frercf ,toy.-f7esea C'esssnarfiey.
On lliu day on which thnt was re- ,
ceived we find this dispatch : .
Wab llsmiirmur, Adjt. Uxx.'e Orncc,
WAritiauTO., I've. IS, 1374.
Colour! W. II. Ks,.aT,
Commanding lleparluecnt Oulf,
New Orlrans, Louisiana :
The I're.l.lriit directs that you moke arrange
niente to be in teatlineaa lo auppress violence, end
have it understood tbat you will do it.
I'lease acknowledge receipt.
Ily order of Iho Secretar? or War.
Adjutoat Oeneral.
N'ovr, cither on tho 15th of Decern-
her, 1-S74, thO President did kiiOW uf
1, existence of anticipated trouble iu
regard to the meeting ol tuo legisla
ture nnd that orders hail been sent to
the troops to hold themselves in readi-
Iness in view of such difficulty, or tho
sulHirdinates of the President kept him
willfully antl falsely in tho dark. But
I again the President says :
I repeal tbat Ihe task assumed by tbe troops il
l not a pleasant one lolbem: tkat Ikt Army te eel
eesipoeea! oj lawyers eepsots 01 jnagieg at a me
ment'a notice of Just how far they can go In the
maintenance nf law and order, aad that It was Im
possible lo give speeifte tnstruclioas providing
fur all possible eootuigencie. thet might erise.
o!ic.'r Subaltern -and Licutennnt-Gcri-oralolilior
and President, aro aliko
bound by the flat of the law that con
trols, regulates, and governs this coun
try, nnd when they, whether in tho
highest or lowest place in this licpub
I it-, shall deny tho onler and command
nf the law; when they, whether they
hnve epaulets upon them or have
simply tbo warrant of a magistrate in
their nanus, shall not bo amenablo to
1 .1 , i ... t ,
the power and the control of tho law.
i tako the liberty or the life of his fel.
, low-citizen iu his hand ; and, so long
! ns it can bo, the civil power must bo
i held to be superior to tho military
Power. In the exercise of theso grave
rights, technicalities become snb-
stance, lorms become grave reality.
pho piilitftry uro tho mere agents of
lh0 civii .)owor nnj cannot act, and
(llir0 Illlti ac.ti Mve under the order and
control of tlio civil ptivror. Whenthoy
,0) tboy act at their poril.' When they
,,, ,vrmt. lhn.a..v in ioonanlv
ben U,ey do, they aro liable to pun-
isliiiient, anil tho imlividunl who is ag-
grieved can recover his tlutnages from
(hem. Theso are part of tho liberties
that camo to us with tho form of gov
ernment we have. All who aro vested
with military power w ho assume origi
nal authority liecomo offenders liable
to the laws ami liable to tno citizen In-
j,,mi. jro thnn two cent tiros ago
,10 Cottnt do Lancaster, takon In open
trisurrxKitinn, wna condemned to death
by mnrtiul law. When it cnmi to be
determined in tho courts what this
Was, tho courts held that It was mur-
was ainenablo to tho, luw and could
mvc boon made liablo thcro and pun-
shod ior ins enmo. o, too. rsenalora
will remember tbo case of Governor
Wall In ono of the West India islands,
w ho under the authority of a military
commission caused SBolilior to be flogged
until bo died and twenty years altor
ward, having returned to nglnnd, he
was arrested and tried for niurdor. and
' , the single quest ion tried thorn was, bad
tho military control ot the question or
had they no jurisdiction, and this sin
gle point being determined in tbe neg
ative, that the military power had no
control over thn nuestinn (.nvervine
&ro our ia,v. U'o ninv fail to find
tbeso iu tbo written forma of govern-
which lio lin bewn
The Constitution provides thai tho
President "shall lake raro that the
laws bo faithfully executed ;" yet horo
is a palliation, an attempted palliation,
of the act of tbe soldiery, an attempt
ed excuse of tho destruction of one of
the gravest rights of the citizen. I
need not refer lo tho trip of tho Liou-tonnnt-liencml
South. I need not re
fer lo what has occurred there since.
It see'ms nnnecessary that I should.
It seems to mo the proposition that I
It SeOUIS to 1110 tbO Ilr
his twelve major-generals, w hen he
n-ywlod tfo kingdom tO each of them
I , Pl. M -h- -llnM.l
aa a iirovinco, and thore under alloged
lorra 01 laws gave to oacu m uiuevs
mujor-gonerala the iowor oi 1110 ana
death, of Judgment and execution, no
frraver offense against civil liberty or
aw has over occurred. .'
, CoscC'iird ea nirta J"ter.1 '