New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-03
THE RETURNING BOARD CONTRO-
VERSY.
Argument of Hon. Rnndel Hunt and of
Mr.. Z. C, Billings.

Argument of Hon. R11deta hNnt an" Oi
Mr.. &. C, Billings.
The fifth day of the argument for the de-
fense in the chancery suit OF w. 7. Kellogg
against H. G. Warmoth OF ais, was taken
IN in the Circuit Court of the United States
and continued From the argument Of
Hon. RandeH Hunt, gorged with redun.
dance. an abstract has been made:
Mr.. Hunt said: May it please the court,
the defense has certainly been argued with
great ability and eloquenoe, and whether
Ec3usider the argument upon Jurisdiction
slDon the one hand or upon the unconstitu-
gi0nality upon the other, have nothing to-
add; they have reaped the harvest and have
ieft nothing for me even to CLEAN.
They have said Alright that this is a most
aOVel and extraordinary case, and that
Gothing similar tOit has ever occurred in
she history of the United States. The pro
ciamatiOn Of election was about to be Is
sued. proclaiming the result of the late cleo
sion. when it was stopped by this pro-
gedure, and your honor was called upon to
Gnioin the Governor from opening the re-
gurns unless in the presence of board
which he did not recognize, and to prevent
anv general return OF State officers, so as
60 leave Louisiana IN a state Of anarchy,
if not at the moment to generally ensue,
md the grounds were an allegation made
in the bill Of fraud and corruption.
propose to say word or two upon the
0oint of jurisdiction as laid down in the
constitution and the laws hereunder, upon
which the jurisdiction of the courts depend.
II Peters. 5lI; 8 Howard reports The act
of Congress can not invest the courts with
any authority not provided for in the con-
etitutioh. Perhaps the act Of Congress i'm
0oses additional duties upon the courts
under the appointment Of supervisors, with
which | have nothing TO do at present.
That the court was one of limited jurisdic-
eion and that it could not extend its juris
dictiOn even to all the cases provided by
Congress without a special act, except in
certain specific cases, the counselor read
srOm "Chancellor Kent upon the COnstitu-
Sion" and concluded the point by reading
from Omitted States vs.. Hudson Cranch,
A." The counsel declared that jurisdiction
was given to the court under the thirteenth,
fourteenth and fifteenth amendments and
SY the act Of Congress of May 30, 1870.
The fifteenth provides that Congress shall
nave the power to enforce this article by
o'aDpropriate legislation and under this
constitutional provision the act i'll question
was passed, and the counsel Mr.. Beck
qrith) declared that the court derived its
authority from section eight, which pro-
sides that "whenever any person shall be
defeated or deprived Of any office by reason
of the denial of the right to vote on ac-
count Of race, color or. previous condition,
4is right shall not be injured by such de
nial, and such peTson may bring slit to re-
cover possession of said office, and in case
9t appear that the right to hold the Office is
denied proceedingsmay be instituted in the
circuit court, which shall have Jurisdiction
concurrently with the State courts" May
At please your honor, is this a special law!
What are the grounds of the suit3 Does it
appear that the complainant ts deprived Of
his right to hold office By reason Of the de-
niaI of any citizen to vote on account Of
Sace. color or previous condition.
- LTnJ1r t,niH Ia Sc mt oil
Sle to the the Office Of Governor, because
Se ia a Senator of the United States. Now,
sir [ hold he is not eligible to the Office of
Governor, and if not eligible, he could not
have been defeated, for no man can be de-
feated in a race for Office where be is not
eligible as a candidate, and if he could not
have been defeated he has no right to bring
She suit under the law of May 30, 1870, ac-
eording to the terms of the law, and there
never was a law more carefully drawn. By
Che constitution of the State Of Louisiana
mO man can hold two such Offices as Gov
ernOr and Senator, as there Is manifest in
compatibility between these offices, and
kence he is not eligible not capable of be-
ing chosen. And that such is the meaning
of eligible, your honor will recOllect a case
involving no question OF eligibility to the
She position of Senator IN the United
btates-the case of Saield5, where the
Question came up whether the newly
J
zen OF the United States, and the committee
reported that General Shields had not been
nine years IL citizen at the commencement
Of the congressional term, but according to
She argument of Stephen A. Douglas. this
SHOULD be passed by because the term
would be over in few days, and it should
be passed by, for then the Senator would
have become olegible. Pass it by" eX-
claimed Daniel Webster ''WhJ not pass By
few months and years as well as days"
And the result was that General Shields
was not admitted to his seat, Why was 1t,
that in those days they put into the cOnstl-
tuition the article that Senators should not
be eIegible as Governors! Was it not on
account Of jealousy of the interference of
the federal government with the affairs of
the States2 For he who is dependent upon
the power in Washington, will, in all lil1li-
hood, support that power.
"Outspeeding the wind comes down
the Senator to be candidate for Governor
of Louisiana. Who is at the other end of
this building The collector with his depu-
ties officers tide walters and subOrdinates
look below you, the POstotfice, with its force
of clerks and agents. look at the treasury
officers, revenue officers, all dependent on
the government at Washington. l do not
say they are bribed, but they are there
dependent. Now, / ask you, Judge, with
VOur knowledge of human nature, to de-
termine that such mon are ineligible.
AJAX you as one who loves the country and
desires to keep the elective franchise pure,
not to infict your poople with such corrup-
tion.
The government of the United States is
one of the people, who limit the exercise of
the franchise by themselves by written
laws, under o written constitution, and laws
Hereunder, and l would not urge this point
of our peculiar system of constitutional
liberty were it not that as a constitutional
iurist and patriot believe and feel in my
heart that it is correct.
IA recess Of ten minutes was now had.
: Randell Hunt, resumIng-I need not say
to one so versed in studies of that kind as
1 know you formerly were, that the lovers
of human liberty have been engaged in
solving the problem Of extending liberty
over a large extent of territory and render
ing it free from centralized power. Free
popular governments were formerly ex-
tended over a small territory, and were al
ways subject to gusts of passion, sedltlons
and strife, and too often the members of
the State were left without protection to
life and property, without which govern
nents fail. Mems minds were cramped,
and it often happened that the leaders
led the people out on expeditions of con-
quest, as Moses led the children of Isarel |
and Themistocles led the entire people of
Athens ont. Where these petty republics |
were contiguous they were divided and be- |
set by wars, and it is impossible to read |
their history without feelings OF disgust at |
their distractions. If now and then glmpses |
Of felicity shine out from the gloom,
we are admonished to lament that |