New Orleans Republican., 1873-05-25

turned about: l. went up to the town OF
Milton to make a speech IN defense OF the
fugitive slave law. The community were
thoroughly opposed to the law. made
speech upon the theory ina. slavery vas a
great evil both 70 the white ana co!oreG
man. but il was recognized by the constr
tuition and the laws, So Tar as regarded me
rights OF the master to reclaim his IugIt!ve
slaves, and that il was our duty TO observe
all the contracts of the constitution. pleas
az: or unpleasant, until the constitution
could be char ged; that Obedience 10 'ht
law was the duty Of every good c.;izen. 1
commenced with some sentence which cor
yeved tie former part of this theory, and
an old deacon IN the crowd shouted
Amen l then proceeded and finished
tie sentence. and IN utter horror ana IN
dicnation he exclaimed MY conscience.
Gitn'. intend to say amen TO that.
WHERE THE LAUGH SHOULD COME ~.
When / said that the committee were OF
opinion that if the election had rrodutec
any legal result. McEnery was elected. yon
cheered on ,le sem!colon, so as 20 preven.
my adding the subsequent clause ot the
sentence. which ia this, ''thac we were
equally vel! satisfied that the election had
no. produced any legal result" In other
words. as the case was presented to rs. Z:
appeared 20 us tha. Kellogg had not been
elected. ard that McEnely had been elected
by fraud. and the question was. Iha: oUgA!
to be done in the premises:
AN ILLUSTRATION.
II an old man desires 10 make his w!!i.
giving all his property TO lis son john. .u.
by fraud or undue influence he IS .n'.ucsa
70 make will giving all his property 20 MS
son Samuel. when Samuel presents the Wi!
for probate the court WI! SET II ASIDE loI
fraud. but the court can EOc make W.. II
favor of John. All it can do is 70 Sc. aside
VIVA. fraud has accomplished and leave the
prorertv 20 be Distributed according Z"
law, as though no viii whatever had Heen
made: and il seemed 30 :he committee that
this was the proper course TO iaiS II your
ease. We were satisfied !ha: the people OF
Louisiana. fairly deal. with. would nave
electei: Kellogg: we We're satisfied .ha.
She people Of Louisiana, as dealt with, HAD
elected McEnery. We We're satisfied Tia.
McEnervs election Ough: not 10 be su--
tanned. but we had 40 power 20 elect Nj.
iogg nor 20 declare. whsc we believe Was
not the fact. that II. had been elected. Tie
logical. reasonable and the homes. course
seemed 20 be to declare the election VOID
and reMi: The whole question to the people
once more. TIE committee. therefore, re-
poI.ed !,ill ordering a new elet!ion.
no REPUBLICAN GOVERNMENT.
The constitution Of the United States
- =
10 every State Of tbis Union a republican
government. AS the case was presented 70
| as, j. appeared thAt Louisiana had 70 re-
publican government, the first elemtn: 81
a republican government being govern
ment established by the legally expressed
+ Will o: the people. new election was :te
| ONLY remedy tor such case. Tia. new
election could Bot be ordered: in :he Safe.
| iug there was DO State government - order
| II. Iu other words. the repuo.lc aI govern.
meut contemplated by the State CoUsti,u
| lion was on It's back, and :nere was no
power save that of Congress tia: e1alu
| put It once more on lis ieer. There
was no Legislature Of this St-te
70 PASS bill! for reelection.
20 Governor of the State 20 approve ana
execute such bill, and 10 provision IN the
State constitution providing toc such :. case.
Indeed. the whole thing was outside OF and
beyond The power of the State 70 dea! with
unless i. was done uy the people uy al
exercise Of the inherent power OF every
people 10 establish Il government: icr them
selves. 1t was not believed tLa: an att. mpt
on the part Of tie people of Lousiara. III
the then condition OF things, Win .wo coN-
tending governments standing face 70 face.
The people not adhering in a body :" ...ler.
bloodshed threatened by both. anarchy II
fact existing, I: was not under these cir
cuns,ances though, to be probable iLat the
people @: the State OF Louisiana co..d eE.
eIc:se :ha. most delicate function ci The
community and establish a State govern
men:. There seemed. therefore. % he 10
alternative bU. new election - be 0ii.e:ci
by Congress.
1HE CONSTITUTIONAL QUESTION.
One word new as 70 the constitutional
power OF Congress 70 order "A re election.
/, TIE noweve which the constitution COME! 5
upon the general government are sovereign
powers. Such powers. save as .!inited 1y
the constitution itself. are as absolute N
the government .f the United States as
they are in tue Gar OF Russia or Ire Sa,.
tan .: Turkey. The power 20 declare war.
the power 20 raise armies, .he power 70 com
, money and 20 regulate its value. tic power
to :ay taxes, etc. save as restricted by the
constitution itself. are absolute. unlimited
| powers. The general gcvelnmen. iuav
make war at any time. rlThttn.ly oE wrong
| fully. upon any government lp"n eartu, or
! upon al mankind a. once. l4ev may. n
| an emergency. real or t.igned. RAISE an
| army OF ten thousand or ten millions.
| They may levy taxes until the last dollar oI
the peoples money be exhausted. AM L.
these sovereign powers IS the enc
| referred 20. tha: Congress Shall gnar-
| antee 10 every State republican
government tbccause there can be Ii"
| republican .'orm of government until
| there tirst be a government 20 have some
| t,ru.., Now maniiestlv N par -icular
, case Congress should interfere Just 10 the
eXten, necessary and no further. Your
| State government consists OF :hree
branches Your jldiciar,. SO far as know.
I was intact. The trouble was with the
! political branch. There was no executive
| department. there was no Legislature. Tha.
, hiatus had 70 be hridged. Congress was
compelled 20 see TO IT that yen had State
! government. :hat you had State eX-
ecu.ive department. thai gov had a
| legislative department repub .can in form.
; tha: is elected by the legally expresses!
| voice OF the people. and N exercising that
! imperative dUty there Is 10 Lmlt placed
: np Il the means 70 he employed. It:..--
. tic case oi New York. S.rposc ..af
! STATE should call a constitutional CONVEX
| t.on tomorrow. ami s,!b:Lit 10 The people al
| amendment OF the State constitution abolish
: ii. tLe S.!:c government .l'oge her, and
F.: Tia: question being submitted. 20 the neup..
! s!oi.!i be carried by IN Overwhelming nr
! even ny a unanimous voice. Would j. .c-
! lat" any provision OF the constitution OF the
| United SAFES dc nos kDo" which one
| j! any. But what wouid ne the Ie-ul; ,
! Simply the sI.ciae oi he STATE govern
! Lent. Tie geographical territory which
! LAD been .ae possessions ii :hat Safe gov
! erDment w.u.. remain tie possessions o.!
! the general government those people who
| had 6een,r-ltiztns of the S.:'e aL. -. TIE
! n:ted States. would remain citizens of tht.
! United States. Tie entire federal ma
e.ineIy in that territory and among .ha.
, people. the rosta! arrangement. the laws
: regulating commerce. cUilcctin. duties anon
! imports. etc. wou.a :err.in I'll. same he
! State government woul,. simply pass out o.:
! existence. l. would still be .ue d.ty OF ne
! F:e-ideI: OF he United States .oexeeu.e the
laws Q: Congress in That district. II wou..
! be the Cntr 81 the government o! The
. United States i.caUse the constitution =