Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-02-17
LOUISIANA.
The SituatiOn-The Prospects Of Sue
cess for the McEnery Government.
No Compromise with the Kellogg Fac
tiOn-A Vigorous Course TO be
Pursued.
4 Vague Proposition = The HcEnery
Government Virtually Recognized
BY COngress-The Difficulty
Settled.


by COngress-The Difficulty
Settled.
From the New Orleans Picayune, l3th.l
The authentic decision by the COM
mittee of the United States Senate that
/ the Lynch Board of Canvassers had no
power or right to make the returns they
/ did make of the election of the fourth
of November last, leaves the Kellogg
! Government of this State without a
shred of authority or right, and fixes
upon it the character of a fiagrant usur-
patton. Even if the order in chancery
/ Of Judge Durell, or the ObitUr dicttl8l
of our State Supreme Court, could
! legalize such an usurpation, the scope
/ of these orders does not embrace
the political recognition Of this
government. They merely de-
eide the technical juhiicial ques-
ton of the legal authority Of
the Board; that Lynch & Co. were the
legal Board. Admit this, for the sake
Fof argument; it is shown, TO the satisfac-
ton of a committee of the United States
Senate, composed exclusively of Repub-
Hcans, that this legal Lynch Board made
a grossly illegal and fraudulent canvass
or count of the votes given in that cleo
ton. That is the fact which must over
ride all technical and legal exceptions in
the decision Of political questions and OF
the popular voice. 1t is not competent
in the judiciary to set aside the
popular will in political questions.
The people are supreme-the judges are
merely the servants to enforce and pro-
tect the rights of the people. 1t follows
from these premises that Kellogg and
his whole government, and all who hold
under him, are nspiratOrs-insurgent
against the people of Louisiana. They
are subject to Indictment and ought to
be prosecuted. The recognition of Pinch
back by Grant does not better their con-
dition. The Presidents recognition was
a mere Difference to an order of a
United States Court. 1t waSsan Gxecu-
tive act-and was not based on any
political judgment, or even any opinion
on the political question involved.
President Grant merely said: Here is
a question of two parties claiming the
government of Louisiana. l have not
the means to determine which is the
legal Government, nor would it be prop
er for me to undertake TO decide such
question. 1t must be referred to the
I ANtAEItSSs DuN Ollt "a NlESc EONGlA-
ments is recognized by an order of the
United States Court, and | must act un-
der that decision until the Congress, the
final arbiter in all such matters, shall
determine otherwise This is General
Grants positions one which can be easi-
" recOnciled with a prompt acquies-
cence in the decision of Congress.
That decision is pretty plainly indi-
A,l in, Of f,aS 70
mittee. The adoption of that report, of
which there is little doubt, will strike
with absolute invalidity the whole gov
eminent and all its acts, which was
brought into existence by the false and
fraudulent action of the Lynch Board. |
We, therefore, fully approve and ap-
plaud the manly and vigorous course |
by Governor McEnery in !
his message of yesterday to the Peoples
and trust that the Legisla- |
ture will cordially and energetically !
cooperate therein.
From the New Orleans Plcayune, lith.l
VAGUE PROPOSITION.
Last evening certain members of the |
Louisiana Legislature, returned by both /
boards, and those of the committee, /
Messrs. Benham, Hahn and Anderson, |
On the part of the Mechanics Institute /
body, met at Lyceum Hail.
The members Of the Louisiana Legis- |
.ature advanced the proposition Of the
last meeting relative to the members /
by both boards meeting to COM
pose the Assembly and settle all disput- |
ed questions.
In answer to this the following vague |
was offered on the part of |
the bayonet representatives:
In the interests of reform, and in or |
der that our present complications may |
be quieted, We propose as follows: There |
are siXty-two members whose election |
IS unquestioned, thirty-three of whom |
have already taken their seats in the |
House of Representatives leaving twen- |
-y-nine as absentees. The thirty-three |
members now present in our Legislature |
will enter into a written contract with |
the absent members, over our signatures, |
agreeing TO pass such legislation as may /
be deemed necessary to place this State |
On a healthy financial basis, and other
wise ia a healthy condition, such meas
1res to be previously agreed upon, and |
TO be made part of this contract. We |
pledge ourselves to take up
The cases Of questioned elections, and to
seat contestants within five days, under
the following rule: Where the parish is
Republican, TO seat Republi-
cans, and where the parish is Demo-
cratic, to seat Democrats-unless it
should come to the knowledge Of the
House that in individual cases popular
.ty had preponderated over party
strength.
After q lengthy debate, in which no
definite conclusion was arrived at, the /
was submitted to the con-
sideratiOn of the members, and the As
'embly adjourned, subject to the call of
he committee.
rHE MENERY OR LOUISIANA GOVERN
MENT RECOGNIZED BY CONGRESS.
The following facts appear to have
aiken place at the joint meeting of the
Senate and House of Representatives to
count the votes cast for President and
Vice President of the United States:
!. When the State of Louisiana was
reached in the count, the Radical or
< Kellogg electoral return was first opened
and read; and then the Fusion or Louis
ana return with the Governors certifi-
,ate.
=. Objection was made to counting the
Radical or Kellogg vote, by Trumbull
md Potter.
,. Objection was made to counting the
Fusion or Louisiana votes, by West and
sheldon.
(. Objections were made to consider
ng the votes contained in the returns.
either the Fusion or Kellogg
Electors, by Messrs. Stevenson, Board
nan aud Carpenter.
These objections appear to cover the
whole case of Louisiana. These obicc-
ions, Overruled, and the action of Con-
,ress, must settle the political status of
Louisiana. Here il is. Either she has:
First-No republican form of govern
nent, as Messrs. Stevenson, Boarman
md Carpenter cOntend-and therefore
he votes Of neither the Kellogg or Fu-
ion electors are counted; or
Second-Fhe votes OF the Kellogg
electors are counted, because the votes
hey east are the votes Of the rightful
government of Louisiana, as Phelps,
Vest and Sheldon contend, and the
fusion return is rejected; or the votes
ontained in the returns of the Fusion
lectors are counted as the votes of the
ightful government of Louisiana, and
he Kellogg return is rejected, as con-
ended for by Messrs. Trumbull and
'Otter. Which Of these courses did the
senate of the United States pursue?
l. 1t appears that it OverrIIled the OBJ