Orleans County Monitor

President's Message

His Story of the Events of the Last Four Years in
Louisiana—Why He Supported Kellogg—He Does
Not Sustain the Military Interference of Monday
Week, but Excuses It—Butler and Wilson Largely Responsible for the Gentle Tone of the Message
—A Sharp Drawing of the Party Lines.

WASHINGTON, D. C., Jan. 13.

To the Senate of the United States:

I have the honor to make the following
answer to a Senate resolution of the
5th inst., asking for information as to
any interference by any military officer
or any part of the army of the United
States with the organization or proceedings of the General Assembly of the
State of Louisiana, or either branch
thereof, and also inquiring in regard to
the existence of armed organizations in
that State, hostile to the Government
thereof, and intent on overturning such
Government by force.

THE POLITICAL AFFAIRS OF THE STATE.

To say that lawlessness, turbulence
and bloodshed have characterized the
political affairs of that State since its
reorganization under the reconstruction
acts, is only to reveal what has become
well known as a part of its unhappy history: but it may be proper here to refer
to the election of 1868, by which the
Republican vote of the State, through
fraud and violence, was reduced to a few
thousand, and the bloody riots of 1866
and 1868, to show that the disorders
there are not due to any recent cause or
to any late action of the Federal authorities.

A SHAMEFUL AND INDISGUISED CONSPIRACY.

Preparatory to the election of 1872, a
shameful and undisguised conspiracy
was formed to carry that election against
the Republicans, without regard to law
or right, and to that end the most glaring frauds and forgeries were committed
in the returns, after many colored citizens had been denied registration, and
others deterred, by fear, from casting
their ballots. When the time came for
a final canvass of the votes, in view of
the foregoing facts, William P. Kellogg,
the Republican candidate for Governor,
brought suit upon the equity side of the
United States Circuit Court for Louisiana and against Warmoth and others,
who had obtained possession of the returns of the election, representing that
several thousand voters of the State had
been deprived of the elective franchise
on account of their color, and praying
that steps might be taken to have said
votes counted, and for general relief. To
enable the Court to inquire as to the
truth of these allegations, a temporary
restraining order was issued against the
defendants, which was at once wholly
disregarded and treated with contempt
by those to whom it was directed. The
proceedings have been widely denounced
as an unwarrantable interference by the
Federal judiciary with the election of
State officers, but it is to be remembered
that by the fifteenth amendment to the
Constitution of the United States the
political equality of colored citizens is
secured, and under the second section of
that amendment providing that Congress
shall have power to enforce its provisions by appropriate legislation an act
was passed on the 31st of May, 1870,
and amended in 1871, the object of
which was to prevent the denial or
abridgment of suffrage to citizens on
account of race, color or previous condition of servitude. It has been held by
all the Federal Judges before whom the
question has arisen, including Justice
Strong of the Supreme Court, that the
protection afforded by this amendment
and these acts extend to State as well
as to other elections. That it is the duty
of the Federal Courts to enforce the provisions of the Constitution of the United States and the laws passed in pursuance thereof, is too clear for controversy. Section 15 of said act, after numerous provisions therein to prevent an evasion of
the fifteenth amendment, provides that
the jurisdiction of the Circuit Court of
the United States shall extend to all cases in law or equity arising under the
provisions of said act and of the act
amendatory. Congress seems to have
contemplated equitable as well as legal
proceedings to prevent the denial of suffrage to colored citizens, and it may be
safely asserted that if Kellogg's bill in
the above named case did not present a
case for the equitable interposition of
the Court, that no such case can arise
under the act.

RIGHTS OF UNITED STATES COURTS.

That the Courts of the United States
have the right to interfere in various
ways with State elections, so as to maintain political equality and rights therein,
irrespective of race or color, is comparatively a new, and to some seems to be a
startling idea: but it results as clearly
from the fifteenth amendment to the
Constitution and the acts that have been
passed to enforce that amendment as the
abrogation of State laws upholding slavery results from the 13th amendment to
the Constitution While the jurisdiction
of the Court in the case of Kellogg vs.
Warmoth and others is clear to my mind
it seems that some of the orders made
by the Judge in that and the kindred
case of Antoine were illegal: but while
they are so held and considered it is not
to be forgotten that the mandate of His
Court had been contemptuously defied
and that they were made while wild
scenes of anarchy were sweeping away
all restraint of law and order. Doubtless the Judge of this Court made grave
mistakes, but the law allows the Chancellor great latitude not only in punishing those who contemn his orders and
injunctions, but in preventing the consummation of the wrong which he has
judicially forbidden. Whatever may be
said or thought of these matters, it was
only made known to me that the process
of the United States Court was resisted,
and as said act specially provides for
the use of the army and navy when necessary to enforce judicial process arising thereunder, I considered it my duty to
see that such process was executed according to the judgment of the Court.

RECOGNITION OF KELLOGG.

Resulting from these proceedings,
through various controversies and complications, a State Administration was
organized with William P. Kellogg as
Governor, which in the discharge of my
duty under section 4, article 4 of the
Constitution, I have recognized as the
Government of the State It has been
bitterly and persistently alleged that
Kellogg was not elected Whether he
was or not is not altogether certain. Nor
is it any more certain that his competitor, McEnery, was chosen. The election
was a gigantic fraud, and there are no
trustworthy returns of its result. Kellogg obtained possession of the office,
and, in my opinion, has more right to it
than his competitor. On the 20th of
February, 1873, the Committee on Privileges and Elections of the Senate made
a report, in which they say they were
satisfied by testimony that the manipulation of the elective machinery by Warmoth and others was equivalent to 20,000 votes, and they add that to recognize the McEnery Government would be
recognizing a Government based upon
fraud, in defiance of the wishes and intentions of the voters of the State.

THE COLFAX BUTCHERY.

Assuming the correctness of the statements in this report, and they seem to
have been generally accepted by the
country, the great crime in Louisiana,
about which so much has been said, is
that one is holding the office of Governor who was cheated out of 20,000 votes
against another whose title to the office
is undoubtedly based on fraud, and in
defiance of the wishes and intentions of
the voters of the State. Misinformed
and misjudging as to the nature and extent of his report, the supporters of McEnery proceeded to displace by force in
some counties of the State the appointees
of Governor Kellogg, and on the 13th
of April, in an effort of that kind, butchery of citizens was committed at Colfax,
which in bloodthirstiness and barbarity
is hardly surpassed by any acts of savage warfare

JUDICIAL TESTIMONY.

To put this matter beyond controversy, I quote from the charge of Judge
Woods to the United States Circuit Court
to the jury in the case of the United
States vs. Cruikshank and others in New
Orleans in March, 1873. He said:

…In the case on trial there are many
facts not in controversy. I proceed to
state some of them in the presence and
hearing of counsel on both sides, and if
I state as a conceded fact any matter
that is disputed, they can correct me.
After stating the origin of the difficulty,
which grew out of an attempt of white
persons to drive the Parish Judge and
Sheriff, appointees of Kellogg, from the
office and their attempted protection by
colored persons, which led to some fighting in which quite a number of negroes
were killed, the Judge states that…most
of them who were not killed were taken
prisoners.

Fifteen or sixteen of the blacks had
lifted the boards and taken refuge under
the floor of the Court House. They were
all captured: about thirty seven men
were taken prisoners. The number is
not definitely fixed They were kept under guard until dark, when they were
led out, two by two, and shot. Most of
the men were shot to death. A few were
wounded, not mortally. By pretending
to be dead, they were afterwards, during
the night, able to make their escape
Among them was the Levi Nelson named in the indictment. The dead bodies
of the negroes killed in this affair were
left unburied until Tuesday, April 15,
when they were buried by a Deputy
Marshal and an officer of the militia
from New Orleans.

FIFTY NINE DEAD BODIES.

These persons found fifty-nine dead
bodies. They showed pistol-shot wounds
—the great majority in the head, and
most of them in the back of the head.
In addition to the fifty nine dead bodies
found, some charred remains of dead
bodies were discovered near the Court
House. Six dead bodies were found under a warehouse, all shot in the head
but one or two, which were shot in the
breast. The only white men injured,
from the beginning of these troubles to
their close, were Hadnot and Harris
The Court House and its contents were
entirely consumed. There is no evidence
that any one in the crowd of whites bore
any lawful warrant for the arrest of any
of the blacks. There is no evidence that
either Nash or Cazabat, after the affair,
ever demanded their offices to which they
had set up a claim, but the Register
continued to act as Parish Judge and
Shaw as Sheriff. These are the facts in
this case, as I understand them to be
admitted.

THE MURDERERS UNPUNISHED.

To hold the people of Louisiana generally responsible for these atrocities
would not be just, but it is a lamentable
fact that insuperable obstructions were
thrown in the way of punishing these
murderers, and the so-called Conservative papers of the State not only justified the massacre, but denounced as Federal tyranny and despotism the attempt
of the United States officers to bring
them to justice. Fierce denunciations
rang through the country about the office-holding and election matters in Louisiana, while every one of the Colfax
miscreants goes unwhipped of justice,
and no way can be found in this boasted
land of civilization and Christianity to
punish the perpetrators of this bloody
and monstrous crime.

THE CUSHATTA MASSACRE.

In August last, several Northern
young men of capital and enterprise had
started the little and flourishing town of
Coushatta Some of them were Republican, and office holders under Kellogg
They were, therefore, doomed to death.
Six of them were seized and carried
away from their homes and murdered in
cold blood. No one has been punished,
and the Conservative press of the State
denounced all efforts to that end and
boldly justified the crime.

OTHER MURDERS.

Many murders of a like character
have been committed in individual cases,
which cannot here be detailed. For example: T. J. Crawford, Judge of Parish,
and the District Attorney of the Twelfth
Judicial District of the State on their
way to court, were shot from their horses by men in ambush, on the 5th of October, 1872, and the widow of the former, in a communication to the Department of Justice, tells a piteous tale of
the persecutions of her husband because
he was a Union man, and of the efforts
made to screen those who had committed
a crime, which, to use her own language,
…left two widows and nine orphans desolate " To say that the murder of a negro or white Republican is not considered a crime in Louisiana would probably
be unjust to a great part of the people,
but it is true that a great number of
such murders have been committed and
no one has been punished therefor and
manifestly the spirit of violence is stronger than law.

EFFECT OF A WITHDRAWAL OF THE TROOPS.

Representations were made to me that
the presence of troops in Louisiana was
unnecessary and irritating to the people,
and that there was no danger of public
disturbance if they were taken away.
Consequently, early in last summer the
troops were all withdrawn from the
State, with the exception of a small garrison at the New Orleans barracks. It
was claimed that a comparative state of
quiet had supervened: the political excitement as to Louisiana affairs seems to
be dying out, but the November election
was approaching, and it was necessary
for party purposes that the flame should
be rekindled. Accordingly, on the 14th
of September, D. Penn, claiming that
he was elected Lieutenant Governor in
1872, issued an inflammatory proclamation calling upon the militia of the State
to assemble and to drive from power the
usurpers, as he designated the officers of
the State The White League, armed
and ready for the conflict, promptly responded On the same day, the Governor made a formal requisition upon me
pursuant to the act of 1795, and section
4, article 4, of the Constitution, to aid
in suppressing domestic violence. On the
next day, I issued a proclamation commanding the insurgents to disperse within five days from the date thereof, but,
before the proclamation was published
in New Orleans, the organized and armed forces recognizing a usurping Governor had taken forcible possession of the
State House and temporarily subverted
the Government. Twenty or more people were killed, including a number of
the police of the city. The streets of the
city were strewn with blood, all that
was desired in the way of excitement
had been accomplished, and, in view of
the steps taken, that there was intimidation of Republican voters at the election, notwithstanding these precautions,
admits of no doubt

SPECIMENS OF INTIMIDATION

The following are specimens used. On
the 11th of October eighty persons signed and published the following at Shreveport:

We, the undersigned, merchants of
the city of Shreveport, in obedience to a
request of the Shreveport Campaign Club,
agree to use every endeavor to get our
employees to vote the People's ticket at
the ensuing election, and in the event of
their refusal so to do, or in case they
vote the Radical ticket, to refuse to employ at the expiration of their present
contracts.

On the same day, another large body
of persons published in the same place a
paper in which they used the following
language:

We, the undersigned, merchants of
the city of Shreveport, alive to the great
importance of securing good and honest
government to the State, do agree and
pledge ourselves not to advance any supplies or money to any planter, the coming year, who will give employment or
rent land to laborers who vote the Radical ticket in the coming election."

THE RETURNING BOARD.

I have no information of the proceedings of the Returning Board for said
election, which may not be found in its
report which has been published, but it
is a matter of public information that a
great part of the time taken to canvass
the votes was consumed by the arguments of lawyers, several of whom represented each party before the Board. I have no
evidence that the proceedings of this
Board were not in accordance with the
law under which they acted. Whether
in excluding from their count certain
returns they were right or 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, of deciding
that it was prima facie and that the
persons whom they return as elected are
entitled to the offices for which they
were candidates.

THE ISSUE OF THE HOUR.

Respecting the alleged interference by
the military with the organization of the
Legislature of Louisiana on the 4th inst.
I have no knowledge or information
which has not been received by me since
that time and published. My first information was from the papers on the morning of the 5th I did not know that any
such thing was anticipated and no orders
nor suggestions were ever given to any
military officer in that State upon that
subject prior to the occurrence I am
well aware that any military interference by the officers or troops of the United States with the organization of a State
Legislature, or any of the proceedings,
or with any civil department of the Government is repugnant to our ideas of
government. I can conceive of no case
not involving rebellion or insurrection
where such interference, by authority of
the General Government, ought to be
permitted or can be justified.

NO INTENTIONAL WRONG DONE BY THE
MILITARY

There are circumstances connected
with the late Legislature imbroglio in
Louisiana which seem to exempt the
military from any intentional wrong in
that matter knowing that they had been
placed in Louisiana to prevent domestic
violence and aid to repress it. The revolution was apparently, though it is believed not really, abandoned, and the
cry of Federal usurpation and tyranny
in Louisiana was renewed with redoubled energy. Troops had been sent to
the State under this requisition of the
Governor, and, as other disturbances
seemed imminent, they were allowed to
remain there to render the Executive
such aid as might become necessary to
enforce the laws of the State and repress
the continued violence which
seemed inevitable the moment Federal support
should be withdrawn Prior to and with
a view to the late election in Louisiana,
white men associated themselves together in armed bodies called White Leagues,
and at the same time threats were made
in the Democratic journals of the State
that the election should be carried against the Republicans at all hazards, which
very naturally greatly alarmed the colored voters.

THE DUTIES OF FEDERAL OFFICERS.

By section 8 of the act of Feb. 28,
1871, it is made the duty of United
States Marshals and their deputies at
the polls, where votes are cast for representatives in Congress, to keep the peace,
and prevent any violations of the so-called enforcement acts, and other offences
against the laws of the United States
and upon requisition of the Marshal of
Louisiana, in view of said armed organizations and other portentous circumstances, I caused detachments of troops
to be stationed in various localities in
the State to aid him in the performance
of his official duties, the enforcement of
the State laws. The officers and troops
of the United States may have supposed
that it was their duty to act when called
upon by the Governor for that purpose.
Each branch of the Legislative Assembly
is the judge of the election and the qualification of its own members : but, if a
mob or a body of unauthorized persons
seize and hold the legislative hall in a
tumultuous 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, if requested by a majority of members elected to suppress the disturbance and enable the persons elected to organize the House
Any exercise of this
power would only be justifiable under
most extraordinary circumstances, and
it would then be the duty of the Governor to call upon the constabulary or, if
necessary, the military force of the
State : but with reference to Louisiana,
it is to be borne in mind that any attempt by the Governor to use the police
force of that State, at this time, would
have undoubtedly precipitated a bloody
conflict with the White League, as it did
on the 14th of September

BLOODSHED PREVENTED.

There is no doubt but that the presence of United States troops upon 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 persons who had usurped the
seats in the Legislature without legal
certificates authorizing them to take
seats and in sufficient number to change
the majority. Nobody was disturbed by
the military who had a legal right at
that time to occupy a seat in the Legislature.

THE DEMOCRATIC CONSPIRACY.

That the Democratic minority of the
House undertook to seize its organization by fraud and violence, and in this
attempt trampled under foot the law:
that they undertook to make persons not
returned as elected members, so as to
create a majority; that they, under a
preconcerted plan and under false pretence, introduced into the hall a body of
men to support their pretensions by force,
if necessary, and that the conflict, disorder and riotous proceedings which followed are facts that seem to be well established : and I am credibly informed
that these violent proceedings were a
part of a premeditated plan to have the
House organized in this way, recognize
what is called the McEnery Senate, and
then depose the Kellogg Government,
and so revolutionize the State Government. Whether it was wrong for the
Governor at the request of the 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 a
debatable question : but it is quite certain that there would have been trouble
if those who now complain of illegal interference had allowed the House to be
organized in a lawful and regular manner : when those who inaugurate disorder and anarchy disavow such proceedings, it will be time enough to condemn those who by such means as they have
prevented the success of their lawless
and desperate schemes.

SHERIDAN'S MISSION AND CONDUCT.

Lieutenant General Sheridan was requested by me to go to Louisiana to observe and report the situation there, and
if in his opinion necessary, to assume
command, which he did on the 4th inst.,
after the Legislative disturbances had
occurred, at 9 o'clock p. m., a number
of hours after the disturbance. No party motives nor prejudices can reasonably
be imputed to him, but, honestly convinced by what he has heard and seen
there, he had characterized the leaders
of the White leagues in severe terms,
and suggested summary modes of procedure against them, which, though they
cannot be adopted, would, if legal, soon
put an end to the troubles and disorders
in that State. General Sheridan was
looking at facts, and possibly not thinking of the proceedings which would be
the only proper ones to pursue in time
of peace He thought more of the utterly lawless condition of society surrounding him at the time of his dispatch, and
of what would prove a sure remedy. He
never proposed to do an illegal act, nor
expressed a determination to proceed beyond what the law in the future might
authorize for the punishment of the atrocities which have been committed, and
the commission of which cannot successfully be denied. It is a deplorable fact
that political crimes and murders have
been committed in Louisiana which have
gone unpunished and which have been
justified or apologized for, which must
rest as a reproach upon the State and
country long after the present generation has passed away.

I have no desire to have United States troops interfere
in the domestic concerns of Louisiana or
any other State.

KELLOGG'S FEARS AND REQUESTS.

On the 9th of December last, Governor Kellogg telegraphed to me his apprehensions that the White Leagues
intended to make an attack upon the
State House, to which, on the same day,
I made the following answer, since which
no communication has been sent to him:

…Your dispatch of this date is just
received. It is exceedingly impracticable to use troops in anticipation of dangers. Let the State authorities be right
and then proceed with their duties without apprehension of danger. If they
are then molested the question will be
determined whether the United States
is able to maintain law and order within
its limits or not.

I have deplored the necessity which
seemed to make it my duty, under the
Constitution and laws, to direct such
interference. I have always refused,
except when it seemed to be my imperative duty to act in such a manner under
the Constitution and laws of the United
States. I have repeatedly and earnestly
entreated the people of the South to live
together in peace and obey the laws, and
nothing would give me greater pleasure
than to see reconciliation and tranquility everywhere prevail, and thereby remove all necessity for the presence of troops among them. I regret, however, to say
that this state of things does not exist,
nor does its existence seem to be desired
in some localities, and as to those it may
be proper for me to say that the extent
that Congress has conferred power on
me to prevent it, neither Ku Klux Klans,
White Leaguers nor any other association using arms and violence to execute
their unlawful purposes, can be permitted in that way to govern any part of
this country. Nor can I see with indifference Union men or Republicans
ostracized, persecuted and murdered on
account of their opinions as they now
are in some localities. I have heretofore
urged the case of Louisiana upon the
attention of Congress, and I cannot but
think that its inaction has produced
great evil.

THE SITUATION REVIEWED.

To summarize: In September last, an
armed organized body of men in the
support of candidates who had been put
in nomination for the offices of Governor and Lieutenant Governor at the November election in 1872, and who had been
declared not elected by the Board of
Canvassers, recognized by all the courts
to which the question had been submitted, undertook to subvert and overthrow the State Government that had been
recognized by me in accordance with
previous precedents. The recognized
Governor was driven from the State
House, and but for his finding shelter in
the United States Custom House in the
capital of the State of which he was
Governor, it is scarcely to be doubted
that he would have been killed. From
the State House, before he had been
driven to the Custom House, a call was
made in accordance with the fourth section, fourth article of the Constitution
of the United States for the aid of General Government to suppress domestic
violence.

Under these circumstances
and in accordance with my sworn duties,
my proclamation of the 15th of September, 1874, was issued.

NO SURRENDER YET OF THE INSURGENTS.

This served to reinstate Governor
Kellogg in his position nominally, but
it cannot be claimed that the insurgents
have, to this day, surrendered to the
State authorities the arms belonging to
the State, or that they have in any sense
disarmed. On the contrary, it is known
that the same armed organization that
existed on the 14th of September, 1874,
in opposition to the recognized State
Government, still retains their organization, equipments and commanders, and
can be called out at any hour to resist
the State Government. Under these
circumstances the same military force
has been continued in Louisiana as was
sent there under the first call, under the
same general instructions.

THE DEFENCE OF THE ACTS OF THE ARMY.

I repeat, the task assumed by the
troops is not a pleasant one to them:
that the army is not composed of lawyers capable of judging, at a moment's notice,
of just how far they can go in the maintenance of law and order, and that it
was impossible to give specific instructions providing for all possible contingencies that might arise. The troops
were bound to act upon the judgment of
the commanding officer upon each sudden contingency that arose, or wait instructions, which could only reach them after the threatened wrongs had been committed which they had been called to prevent. It should be recollected, too, that
upon my recognization of the Kellogg
Government, I reported the fact, with
the grounds of recognition to Congress,
and asked that body to take action in
the matter, otherwise I should regard
their silence as an acquiescence in my
course. No action has been taken by
that body, and I have maintained the
position then marked out. If error has
been committed by the army in these
matters, it has always been on the side
of the preservation of good order, the
maintenance of law and the protection
of life. Their bearing reflects credit
upon the soldiers, and, if wrong has resulted, the blame is with the turbulent
element surrounding them.

AN APPEAL TO CONGRESS TO ACT.

I now earnestly ask that such action
be taken by Congress as to leave my
duties perfectly clear in dealing with
the affairs of Louisiana, giving assurance at the same time that whatever may be
done by that body in the premises will
be executed according to the spirit and
letter of the law, without fear or favor.
I herewith transmit copies of documents containing more specific information as
to the subject-matter of the resolution.

U. S. GRANT.
LOUISIANA MATTERS.

On the first page of this paper may be found the President's Message in relation to Louisiana, and the late troubles that are now claiming the attention of the country. Congress devoted considerable time to the discussion of these matters during the past week, and the report of a committee sent to New Orleans to investigate the affairs of the state, was presented. It appears from all the facts printed, that both parties claiming to rule the state are as corrupt as need be, and that peace and good order will not come until a better set of men are elected to office, and a better spirit prevails. The attempt that is being made by the democratic press, and the anti-administration papers, to saddle the blame on the President, will not succeed. His message is too plain, and the facts elicited from other sources are too convincing to allow the people to be deceived. We give below the opinion of E. H. Stoughton, Esq., the noted democratic lawyer of New York, upon the whole subject. After discussing the subject at length, he sums up as follows:

My purpose in what I have thus hastily written has been mainly to establish that the statement deliberately put forward that a State Legislature, peaceably assembled, had been wantonly dispersed by orders of the President, is utterly without foundation. Such an act would have been wholly without excuse; indeed, a crime without justification. We have seen that there was no Legislature, but a body of men who had obtained and held their places in a legislative hall by violence and fraud. We have seen, also, that the President could not have ordered, or, until all was over, have known of, the acts of Colonel De Trobriand. To have hastily disapproved of them—without official information of what was done—would have been unjustifiable and a reflection upon that officer. I certainly have no sympathies with Governor Kellogg, his career or character; nor have I any respect for his judgment or for his purposes. But, at the same time, I cannot believe in the innocence or peaceable purposes of his political opponents, who, no longer since than last September, forcibly overturned his Administration and took control of the State. That their later purpose has been to obtain its control by an exhibition of less force and more chicane, fraud and management, I do not doubt, and these they have employed, believing, as I suppose, that they were appropriate weapons against what they regarded as the frauds of the Returning Board. But with all this we have nothing to do in determining whether we shall or not condemn the highest officer in the nation for an act performed by his subordinate, upon the requirement of the Governor whom these persons are struggling to overthrow. It will probably appear when the acts and orders of the President are known that his directions to the Federal officer in command have been framed in careful compliance with the Constitution, and in harmony with that strong indisposition, as expressed in his message, to interfere in the local affairs of a State unless clearly within the law, and in a case of the strongest necessity.