Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-12
LOUISIANA.
The Case Fairly and Succinctly Stated.

view of indicating the course they have
thought proper to pursue, aud of indicating
that which they recommend for the consld-
Grafton and adoption Of their constituents
in the present grave emergency Of our
State.
1t is source of consolation and conf
dence to US, ia the discharge Of this duty,
that in our past conduct, as your servants,
we are able to present the full Endorsement
of the highest political authority which
could be invoked or desired on the ques-
ton a. issue, to wit: that of the most prom
inent representatives of the political party
opposed to US in that august tribunal
the United States Senate: A COM
mittee of that body, composed exclusively
of Senators who supported the reconstruc-
ton and enforcement acts Of Congress,
which have been set up as the basis and
pretext for the violent reversal of the legal
ly expressed will of the people in our last
election, and the installation of usurping
minority ia our State Government, has, sf-
ter full investigation of the law and facts,
arrived at the following conclusions:
l. That the action of United States
Judge, in foisting into the Chief Executive
Office of the State person who was legally
returned as defeated, by majority of over
six thousand votes, and further by an iile-
gal order directing the occupation Of a
building leased for q Statehouse, and
through armed force aud menace of United
States troops, installing as members of the
General Assembly of Louisiana, persons
who were never e4ected by the people and
no other title 20 such places but that con-
ferred by the allegations of bill in chance
~, and excluding the lawfully returned and
elected members,is unanimously and en-
phatically condemned as an act of judicial
surpation, abuse and outrag'.
2. 1t is shown by the same committee
that the lawful and regular returns Of the
votes of the people were set aside by cor
rupt, dishonest and partisan Board of Can
yassers, who substituted for the real and
proper evidence Of such votes and election,
ca pdrte afidavits, census estimates, news
paper reports, and other equally inadmissl-
Bile data.
8. 1t is conceded by the same commit
tee, that no no dejUre or lawful government
can be created by such modes Of canvas
sing, or making up the election returns, and
that no court or other tribunal can impsrt
any legality to tenure to office thus OBJ
tanned.
4. 1t is with like unanimity admitted by
the same high authority that the State Of
ficers who had the regular and lawful re-
turns were entitled to enter upon their Of
fees, and that those who contested their
rights on charges Of fraud and violence
should be RENTED to the tribunals which
had jurisdiction of such controversies, and
that in this case this uniform practice and
law were reversed, and the primd .tGcie
right accorded to those who merely alleged
or claimed their. election against those who
had the legal and proper returns.
These several propositions being concur
redin by all of the committee of the United
States Senate, majority thereof declared
that the Government of Kellogg ard his
party over this State was a gross and flag
rant usurpation.
These conclusions of committee of the
highest political authority in the nation have
fully confirmed and justified the course pur-
sued by the executive and legislative oti-
Gals who were returned as the elect OF the
people of louisiana, and who proceeded duly
to organize the government of the State.
To have done otherwise would have been
an abandonment of plain duty and sur
reoder of the rights Of the people who had
elected them.
The Government thus organized has been
confronted by another, resting entirely
upon the outrageous judicial orders of q
United States Judge, and upon an illegal
and purely fictitious and fraudulent return
of the votes of the people. Unhappily fol
the honor of the Republic and the cause OF
| right, Justice and law, the President of the
United States deemed is his duty 10 extend
to this fictitious and fraudulent Govern
ment the protection of the United State:
| army. This was done at first under q
grossly erroneous view of his duty as the
Chief Executive Of the Nation, to enforc'
an order of United States court, wheLhel
| legal and constitutional or not, even
though that order was a palpable excess
and a0use of jurisdiction and authority.
It's still more to be lamented that thi
support and protection of a usurplng state
Government, has been continued by th'
President IN the exercise Of his politica
power, when he could no longer defend hi
course by concession to a United States
Judge, of the authority to decide sucl
que ,tions, and after full investigation anC
exposure by a proper tribunal, of the lille
gal, fraudulent and usuIpiDg chsracer o
that government. The position Of tht
President, supported by the opinion OF
single member Of the committee OF tn
United States Senate, was based on the as
sumption that there existed de tdctO gov
eminent in Louisiana, separate and apar
from, and opposed to the de jure govern
ment, and he was bound to recognize tn
de fdctO authority.
Totally dissenting from this view, tina
there can be any legal Government in
! State entitled to recognition by the Federa
authority which is not de jure, IS well q
de facto, we have further TO record tn
notifying fact, as declared by the repol
of the committee of the United States Ser
ate, that such Government is maintained
and its authority enforced, by the aid or tn
military power of the United States.
has even been intimated that the Govern
ment de lure does not command the sup
port and approval of the people OF tn
State, because that iGoyernment is unWilln
to defy and unable 10 overcome the power
of the United States. Because OF thi
unwillingness and inability the stupendou
falsehood is proclaimed that the peopl
of Louisiana voluntarily submit to and &C
QuloSCb III ILLS uoui pdotOu' - W 1880 -
Executive of the United States, which Will
arms defends this usurpation, we are rebels
if We do uot resist it, we submit to, and &C
knowledge its authority and power. w
do not believe that the founders OF thi
Government, or..the friends of republica
institutions and of liberty, in any pIrt
The world, have ever sanctioned such doc
trine and proposition. We believe that To
Federal Government, represented by Cor
press and the President, are under sacre'
constitutional Obligation to protect and de
fend the people of the State in the enjoy
ment of their republican right, of seleetin
their own political agents, and that th
right is utterly disregarded and trampled o.
bV the course pursued in our case.
In so clear a path of duty and manhood
we have deemed it imperative to assert thi
right, guaranteed by the Federal Constitu
ton. and to endeayor to perform the func
tions and exercise the powers eonfded I
us by the people. We are prevented an
hindered therein, by what we regard tn
wronefnl and unconstitutional inter7entio
of the Federal Executive. Such interven
ton being so regarded by US, we cannot if v
| would, and we would not if we could, ceas'
i .sa.. 4 u o