decidedly in favor of McEnery; that McEnery was prima facie entitled to the office of governor, subject to subsequent contest if any of the returns were fraudulent, and that the only duty of the National Government in the case then was simply to undo the usurpation effected and sustained by its own officers, to restore as much as possible the condition of things which had existed before the usurpation, and to leave the final settlement of the matter to the competent State authorities. The same views were entertained and expressed by prominent Republican Senators, especially Senator Edmunds, who is now chairman of the Judiciary Committee of the Senate. I hold to that opinion still.
But, while the act of gross usurpation was not denied, others formed different conclusions. The President had recognized the Kellogg government when it was first set up. In a subsequent message to Congress he confessed his doubts as to Kellogg's title, and asked Congress to direct him what to do, stating at the same time that, if Congress failed to act, he would continue to recognize Kellogg. Congress permitted two sessions to pass with out doing anything. Thus Kellogg, in spite of the universally admitted usurpation, remained de facto governor of Louisiana, recognized by the National Executive; while the McEnery government maintained a show of organization, without such recognition.
The time for the election of a new legislature approached. The opponents of the Kellogg government, apprehending that no chance for a fair election would be given to them, organized; an uprising followed, and an hour's struggle drove Kellogg, with his adherents, to flight; whereupon McEnery and his associates possessed themselves of the State government.
Then Kellogg called upon the President for military aid in the manner prescribed by the Constitution. He was
