The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-19
Report of the Morton Committee
of Investigation.
A LONG DOCUM EMF
Declaration that There Is Ne State Gov.
erllment in Louisiana.
NEITHER RAY NOR M'MILLAN ELECTED.
A New Election TO Be Held Under United
States Supervision.
WASHINGTON, Feb. Is,

WASHINGTON. Feb. Is, 1873.
The Senate Committee on Privileges and Elec
lions, to whom was referred the case OF Ray and
Mcmillan, contestants from Louisiana, have taken
over one thousand printed pages OF testimony. The
report Will be substantially unanimous. Governor
Morton Is engaged in writing out some OF the legal
points on which there is some difference OF opinion.
but the report, which is very long-sunlcent to all
twenty or thirty columns of the HERALD-is sub
stantially as ollows:-
The committee reviews the testimony at length
and gives cOpious extracts from the testimony,
from the statutes OF L0Ussiana and from the En-
forcement act o. the United States. The testimony
does not snow that voters were disiranchiscd in
many instances on account OIL race previous con-
dition OF servitude and therefore the law OF the
general government was not violated sufficiently
to authorize the interference OF Judge Durcll The
Injunction placed by the Eighth District Court
OF the state upon the counting OF returns by the
Lynch Board was legal and should have been re-
ssected. The whole interference of the United
States States, Court In the organization OF the Lesis-
GROSS UsuRrArION
The constitution expressly gives to each State
the organization OF Its own Legislature mem
Court OF the United States 1t is there
fore evident that such q Court has no
authority aSt GRITTY to seat a haadred members at
In this connection it becomes the painful duty Of
the committee to express their opinion OF the
dCIiOu Vi JUuSe DuTclt. n pTOCpeuing 50 WiIll-
testify Illegal has never come before Congress for
its consideration in connection with a Court OF the
United States, and "the committee fails to find
words with which to express their adherence Of
the action OF Judge Durell.' 1t now becomes nee
essary for Congress to decide Which of two
the result of the election returned by the Lynch
Board illegal; second, to declare that no
republican government exists in the state of
Louisiana. The result OF the irSt course would be
the overthrow OF the Kellogg government Tor 1t Is
demonstrated that If federal interference. were
ten days. The testimony shows that while this
government has no legal existence, it has DE- actO
possession OF the state. The McEnery gov
eminent, while existing de j,ye, demonstrably
elected not 50 mucn by force, which would bring 1t
in conflict with the En- orcement act, as by craft
aud cunning The committee is OF the opinion that
would have elected Kellogg; but this was not had.
The second course, to declare that republican
government does not exist, the committee APP
proaches with extreme reluctance. While there Is
no doubt oil the power OF Congress in the case, it
Without s. Men mv es nsea
declare that no republican government exists
in Massachusetts, but such procedure would be
arbitrary and unjust In the extreme. In the case
OF Louisiana, however. II Congress neglects to act
the Kellogg regime will continue in existence only
by federal usurpation. 1t therefore seems TO be
established by the action OF Congress, and to this
end the committee have prepared bill reciting the
mode Of procedure for a new election under the
auspices OF the United States.
The report concludes as iollows:-
The people OF the State are about equally divided
in sentiment in regard to these two pretended
is the seat OF government, Npport the McEnery
government two to one, and IL is believed that IL
federal support were Withdrawn from, the Kellogg
government, 1t would be supplanted by the Nc
Emery government In ten days. The people OF the
State, as a body, neither support nor submit to
either government; neither government can col
lect taxes, for the people have no assurance that
payment to one will prevent collection by the other
government.
nIrsINEss ~ INTERRUPTED AND pURIrc CONFrDrNcR
DESTROYED,
and should Congress adjourn without making
suitable provision for the case one OF two things
must result-either collision and bOodshed between
the adherents oil the two governments, or the
President must continue the support Of federal ,
native Of civil war;, or the maintenance Of q
state government by military power, with
exceedingly embarrassing, ana in the opinion OF
your committee the best solution OF this difficulty
is for Congress to order reelection, and provide
for holding 1t under authority OF the United States
to the end That government may be elected by
the people, to which they will submit, or which In
maintain. Your committee have prepared a bill
which they believe will insure an honest election
and result in the establishment OF a republ
form of government in that State
and your committee recommend its passage
We are aware that ordering an election In State
upon the ground that an election which has been
held is void for fraud is an exercise OF power
which ought never to be undertaken by Congress
without stern necessity. 1t will be said that, II
SUCH POWER RESIDES IN CONGRESS-
1t may be exercised improperly. This Is true. But the
same may be said OF every power conferred upon
ton OF the United States. have seen 1T to con-
fer upon the general government authority to
guarantee to each OF the states government re-
publican in form. This undoubtedly confers the
power to determine whether particular State has
government, and, II So whether 1t be republican
In iorm There is no doubt Congress might to-
morrow, as question Of mere power, declare
that the government OF Massachusetts Is not re-
publican In form and set up In ITS place govern
ment which 1t might determine to be .repub-
lican in form. This would, OF course, be a
great abuse OF this power. When Judge
has jurisdiction to decide o cause r,ast on me
an erroneous Judgment is as valid as any other
unless 1t be vacated or reversed by competent
authority. In exercising this power Congress
ought to act with great caution and prudence.
The clamor usually raised by those VINO
are in he an election TIC ,S ought coD
gress to interfere, ordinarily, even A
government elected by fraud, but going quietly
great body of the people, may better be left to fill
It's brief term than be inerferea with by Congress-
But when
THE FRAUDS COMMITTED ARE so GLAZING
and widespread as to create public discomfort IN
the State, and the organization OF two rival gov
ernments threatening civil war, and 1t be manifest
elected, the existence OF this power in the
national government must be regarded as wise aud
salutary IL cannot be maintained that prudent
exercise OF this power violates the rights Of the
States because the states, for their own protec-
ton and security, nave conferred the power upon
the national government, and this government
cannot refuse or neglect to exercise this power IN
a proper case without disregarding the obligation
which the constitution has devoved upon II.
And we think the melancholy condition OF
the people OF Louisiana, who Substantially In
state OF anarchy, makes IL the duty OF Congress to
act in the premises. Therefore your committee
recommend the adoption Of the following resou.
tions:-
Resolved That there IL State government at pres
existing In the state of Louisiana.
Resolved, That neither John Ray nor W. L. Mcmillan
Is entitled 10 seat in the Senate, neither having beer
elected by the Legislature Of the State Of louisiana
rup omocu pycuAunp IuouTpv