New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-04

in the theatre, only because he was elected
by cOIored votes, ne had my 0utspOke1
| sympathy; but when I saw hin, step bJ
step, attempting to subvert the governmen
Of the State could not approve il.
And in conclusion, | ask your honor, n0t
| alone in the name OF the rights Of Mr.. kel
| logg, which are SO clear aud transparent
| but in the name Of the rights Of this whole
| people Of this whole State, to save rs by a
method which in the providence CT God has
| been put in your hands. and to save this
| community and this State. which | know
| your honor loves with an enQearnlenr that
| has resulted from your long life here; to
| save it from this anarchy, from this des-
| pOtis1n; save it as only it can be saved by a
firm and swift launching OF the mandates
OF this court against this wrong.
Nj Randel Hun5 arose and resumed his
argument of the previous day, and began
on the eligibility question. by reading an
editorial article from the REPUBLICAE. The
historical fact is not correctly stated, bat
even if it were, it does not follow the arti-
Gle in the constitution making Claiborne
ineligible was not there; the fact that he
was elected Governor could not erase it.
Storms and t@mpest5 mar not Heavens
design" Can you suppose that an intem-
perate ana illegal device will mar the
theory of government When Congress
shall pass any unconstitutional law should
ii be 0beyedo
Do you remember when Daniel O'Connell
was tried for sti ring up sedjti0n IN Great
Britain after appeal TO Parliament? 1t was
said whenever a case is brought before
Parliament we will cast aside mere prece-
dent and reverse tbs decision if contrary to
law. And l tell you that The decision Of
the court of twelve judges was set aside
IT. then, it were possible and certain that
in 1912, on the election Of Governor Ciai
borne. the terms OF the constitution had
been set aside and unconstitutional action
been had. how could your honor sitting
there exelaim, Hts precedent 4"
Is that sense Is that law ? Is that to up
hold the true principles OF constitutional
liberty
Sir, the sooner an error IN the constitu-
ton is corrected and the people are brought
into the right path, the better. In Mar
tins History Of Louisiana it IS found that
the act admitting the State was passed on
the thirteth Of October, the ninth aDniver-
sary Of the treaty OF Cession. This act was
not acted upon Immediately. On the thiT-
tieth the territory ceased TO exist, and ceas-
ing 10 be Territory, that moment she be-
came a State. How was a IerritJry gov.
ernel? Under the laws of the United States
Governor Claiborne had been appointed
Governor. How could there De 8 Governor
of Territory which had ceased 70 exist;
and the Territory was anninliated in She
act. Therefore he ceased to be an officer Of
the United States.
Mr. Kellogg is ineligible. and I stand
now upon the same ground where stood
at the opening Of my argument. ''Th6
Governor and other officers OF the Territory
shall continue untio they are superseded
says the act. When 4 Is said. then, that
Governor Claiborne passed from cae chair
Of Territorial Governor into taa chair Of
Governor Of the State, the tses = lost sight
OF that the Governor OF she Territory had
long before ceased to exist
1t has already been said Caat one was a
permanent government Of the State. and
another a temporary government by the
schedule annexed to the constitution, and
under this Governor Claiborne IlleG the
executive chair Of the State
Cushing's Law and Practice 81 iag.s1a.
tive Assemblies shows that eli Nglbiiity meaas
a capacity to receive votes, capable OF being
elected No mem ber o. Congress Is eligibIe:
Kellogg Is a member OF Congress. there
fore Kellogg IS ineligible. Or had not the
capacity to receive vUts.. Therefore, the
precedent cited Cs Governor Claiborne IS Ok
no avail
rely implicitly upon vo.: honor &c ie.
eide this case Impartialiy.
Mr.. William Il. Eunc-21 il row II turn
20 say something in th!> case, Il the dis
charge Gf my high duty as an advocate |
will ..and here and speak o. the acts Of
Governor WaTmOths usurpatioGs il tha
manner they deserve, though nave JInowl
him. personally and professionally, kindly
I am no. here 10 care anything S0r the
pressure Of an outside sentiment. care
nothing for beeJiing orows, and .t :. only
in fne discharge OF my s.Utv 70 HnE client
that rise to-day TO finish the argument
The counsel who spoke th9 first day made
man OK straw, and amused himself by
pulling it 20 pieces. The bill is the thing
which stakes out the groUad. and counsel
have wandered far from the case. TIE
allegations OF the bill are that Governor
WarmOth. being the Cl.et authority, ap.
pointed the supervisors, who denied regis.
tratl0u TO large numDe" c: cai0red men
en- account of race, co!Cs and previous con-
diti0Q.
But these allegations are net now before =.
the board and your honor Is nor called
upon to say they are true. nor car you say
they are untrue.
The allegations are supported By the
oarhs of five thousand tGeemen, by the
voices Of five thousand men raised to
to Heaven. What then becomes of the ar
gumeHt Of counsel, that the allegations of
standing upon the affidavit are
negatiVed by the allegations OF Il. c. War
moth, which stand upon al athdavit2
How are you going to prove that registra-
ton was denied ami the votes suppressed,
or prove that they we're not, unless you
have the returns which are absolutely nee
essarE, should you desire 70 prove either
When we come before them and ask for
the returns we are told to 90 to the District |
Courts. when it is known full well that this |
provision Of this most abominable election |
law has never been complied with. We !
want the primary evidence IN this case.
The bill says that if there be fair count |
the complainant will be elected, and does !
not say that he is defeated, nor does he come |
into court as defeated candidate; here is
the man Of straw built by the counsel. And |
the bill closes with a prayer that every
certificate and all papers of |
election be brought into court that they |
nav be examined and the result deter
mined. This is the bill to preserve evi-
lence-evidenGe that these certificates have |
lot been altered, forged, manipulated and |
destroyed. Is this demand Of which any
Ionest man can be afraid What is there
n such a request that could be resisted
Rith snch tenacity Z
By the amendments the right to vote
without distinction OF race, color or pre-
yiOus condition shall never be abridged, 1t
s a right which may yet give rise to the as
ertion of remedies.
1t is impossible, the law under this
mendment ia so comprehensive, to frame
tatute which shall ciothe the colored man
Il q suit OF impenetrable armor more etfec-
ualIv.
The statute says that the Circuit Court
hall have jurisdiction OF al causes which
nav arise under this act IL all cases of
aw or equity arising under this act'-all
ases-tlis is the language Of the laW-nOt
epeated once, but twice and thrice.
The only point to be determined is, have
re a cause of action And if we have,
hen. sir. the portals Of the court are open
Q US. and my client NAV come IN and assert