New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-03-07
TEST CASE FOR THE PhESA'
DENT.


promiscuously, or whether each shall be heard
on its own merits, are questions upon which
Congress and the President differ. Congress
proposes to consider each application. The
President insists that all the States are recon-
structed according to his method, and should
be admitted. He could not, therefore, justly
object to having the whole question tried on
the evidence in any one Of his eleven cases.
Suppose Congress should adopt his view, and
agree to examine the credentials OF LOUISIANA
as a specimen State. She is doubly fortunate
in having sent not only Senators and Repre-
sentatives to Washington, but also Delegate,
claiming TO represent the Territory of Louisiana.
The latter, the Hon. II. c. Warmoth has col
lected in pamphlet of great ability, the lead
ing facts and arguments on the general question.
1t appears there are two Constitutions OF
Louisiana in existence. One is the amended
Constitution of 1861, which requires the officers
of the State Government to swear allegiance
to the Confederate States. Probably that in
strumen. will be admitted to be somewhat
imperfect basis for the Congressional representa-
| ton of the State. The other is the Constitution
| framed by O convention called under military
order. known as General Order No. 30, dated at
the headquarters of Gen. Banks, March ii,
| 1864. In this order, no respect was paid TO any
previous organic law. Ii was based on the
supremacy of military law, was carried by mill
tary force, temporarily sustained by the same
| *, 4 70 tIis bav has bppu
upheld overridden, or disregarded at the discre-
ton of the military authorities. 1t was ratified
BY 6,s36 votes to 1866 against it; the whole
being cast in 30 parishes. while in y parishes
no elections were held In 1860, the vote IN
these 30 parishes was 1904; the whole vote OF
the State, 50,5lO So much for the popular"
character Of the Constitution on which the exist
ing State Government is organized.
There are three parties in Louisiana. The
Democratic" party which at the last election
cast $4,000 votes, denounces in its platform
the Government under which it voted as the
creation of fraud, violence, and corruption.
The Republican party, casting 1900 votes, white
and black, ignores the Constitution wholly, de-
here save that which the Governor, tempered by
the military authorities, saw fit to give US.
There is a third party, calling itself Conserya-
tive, and which naturally omits to have any
opinions in It's platform; but its leaders, one OF
whom was a claimant for a seat in the last Con-
gress, are sending letters to Washington urging
Congress TO protect them from the very Govern
ment in virtue of whose title they before asserted
the right of the State TO representation.
If we turn from an inquiry into the origin of
this Government to an inquiry into its char
acter, we find that il is to-day nothing but a
machine for restoring to political power the
Rebels who, in 1861, against the known majority
of the people. engineered the State out of the
Union. The Legislature which has just ad-
journed was composed almost exclusively OF
person, lately in instruction against the Gov.
eminent. The courts charge the grand jures
that il is treason to advocate equal suffrage. The
Executive is a renegade radical, who has aban-
doned the party which originally elected him
Lieutenant Governor, gone clean over to the
Rebels, procams the disorganzatlon of the
Abolition party, spite OF its apparent success in
the war;" and predicts its death as result OF
an attempt to enforce taxation for the mainte-
nance of the public credit. He has organized
militia to protect Rebels and harass loyalists.
General John Scott Of the late inSurgent
forces is General John Scott of the Louisiana
militia; Colonel Louis Bush of the c. ;. a. !
c,roa, 10 po,u Colopol ouis Rush of the ouisi
ana militia So il is over the whole State of
Louisiana. Rebel soldiers, differed by Rebel
officers. with Federal arms, are to be the mill |
tary questioners of the rights, liberties, and
voice at the ballot-box which will be heard, and
they have no arms given them to protect
themselves against outrage and oppression"
The Legislature backs up the Governor
with law prohibiting "any person or persons
to carry fire arms on the premises or panta-
tons of any citizen, without the consent of the
owner or proprietor, other than in lawful dis
charge of a civil or military order, under
penalty Of fine and Imprisonment. In pursuit
of the same policy the schools for the freedmen
have been discontinued all over the State, while
the freedmen are heavily taxed to support schools
from which they are excluded. Cases of indict
ment by the grand jury, mock trial before
Rebel court, and Imprisonment for the ohenSe
of loyalty are perfectly well authenticated.
That sort Of law is mercifully reserved for the
whites. For the blacks we find code of laws
establishing a syston of serbian forbiddinO tho