the same purpose, provided, however, that he “has first observed all the prerequisites of the law.”
Had in this case the circumstances so described occurred, and were “all the prerequisites of the law” observed? There had been an insurrection in Louisiana on the 14th of September, 1874, an insurrection against the State government recognized by the President of the United States. That State government had been overthrown by the insurgents. The President, having been called upon by Acting Governor Kellogg, issued his proclamation commanding the insurgents to desist. They did so desist at once, and the Kellogg government was restored without a struggle, and has not been attacked since. The insurrection, as such, was totally ended. On the 4th of January nobody pretends that there was any insurrection. The State of Louisiana was quiet. The statehouse was surrounded by the armed forces of Governor Kellogg. Those forces were not resisted; their services were not even called into requisition. There was certainly no demand upon the President for military interference by the legislature; neither was there by the Governor “in case the legislature could not be convened,” for the legislature did convene without any obstruction at the time and in the place fixed by law, and was called to order by the officer designated by law. And yet, there being neither insurrection nor domestic violence, there being neither a call for military interference upon the President by the legislature nor by the governor “in case the legislature could not be convened,” there being, therefore, not the faintest shadow of an observance of “all the prerequisites of the law” as defined in the statute, the troops of the United States proceeded, not against an insurrection, not against a body of men committing domestic violence, but against a legislative body sitting in the statehouse; and the soldiers of the United States
