New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-28
ORLEANS REPUBLLoA1 THoRsDAY NOVEMBER % l872

even though the form of expression has
been used by all the mutual admirers
since the days of Locke and Bacon. But
in our judgment, howeversskhaustive and
unanswerable it may be, it does not fully
meet the issue involved. It does not
satisfy any one of the ten thousand voters
who were effectually DISTINGUISHED in the
late election. It does not satisfy those
who demand that fair expression of the
will Of the majority of the voters Of this
State shall be made to appear in the cleo
ton returns. 1t does not answer the re
quirements Of the fifteenth amendment
which provides that no citizen of the
United States shall be deprived Of his
/ vote. It ignores the enforcement law,
which gives to cumbrous regulations cal
culated to render the exercise Of the
elective franchise inconvenient if not
impossible, secondary importance to the
offer to vote. It was more successful as
plea in behalf Of those who arrogantly
assume to themselves all the rights Of citi-
zenship, all the honesty, character and
ability, than as an exposition Of the laws
enacted to protect the weak, the ignorant
and the dociIe against the strong, the cum
ming and the aggressive.
When the learned counselor can estab-
lish the fact that the party he represents
IN this controversy is the natural guardian
Of all the people Of this State, charged
with the duty of looking after the con-
sciences of voters, then we may be pre-.
pared to accept his reasoning. But when
he assumes the right to do this, he finds
the supreme law Of the land dead against
him. That law has thrown around the
voter necessary safeguards and provided a
remedy in case of violation. This is the
cause Of contention. The supreme gov
eminent has invested the colored people
with the privilege of citizenship. which
the representatives Of the State are now
endeavoring to deprive them Of The
means employed for this purpose are not
the ordinary statutory regulations, but the
State agents interpose such physical ODE
structions as virtually effect their pur-
pose, while they claim TO be within the
State law. II was for just such an emer.
gency Tat the United States enforcement
law VS. elActed. Il is manifestly impos-
sible - obtain justice in our State courts.
n "a
CURED by Congress 20 assume jurisdiction
and inquire if all the forms Of repub-
lican government have been observed.
They may be called upon 20 take evidence
10 determine whether any citizen has been
refused the privilege OF voting, and if SO,
5oY what reason. If it be made 90 appear
hat q failure TO vote in any case resulted
through the fault or negligence Of the
State agent. the law provides the manner
n which such vote may be yet recorded.
This may not be in exact accordance with
he views OF Mr.. Semmes. the Times. and
he panty they represent, yet it is the law,
md the battle is fought in court OF law,
where political questions, OF questions Of
are not entertained.
The controversy is not one between the
ederal and State governments. bu: be-
ween citizens Of this State, striving for
ocal political power The federal court
; the legally appointed arbiter in the dis
ute, charged with the duty of detegmin.
lg the rights Of the parties. It is not in
le power Of Judge Durell, any more than
is il his desire. TO ''strile down and
Dliterate all the rights of the State"
he State is not on trial before him He
as no controversy with the Estate" The ;
aintif IS before him i'll bis capacity as
dzen OF the United States and Of this
ate to complain Of the acts Of certain ="
en- who, from motives Of personal and
)litica! hostility are about to deprive =
N Of an Office to which he ella ms he =
IS been elected. or would have been had :
e defendants obeyed the law of Con. L
ess in the conduct Of the late election. d
Mr. Semmes can controyer: the Sesti- L
ony on which the plaintiff relies, he is a
titled to Judgment in his favor: but if u
expects 20 confuse the mind of the
urt by his eloquent sophiStry, lie will h.
d that he will be answered most effectu. N
Y when the time comes for Judge DGreIl
weigh the arguments and the testimony tt
& apply the law. NJ