New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-18
THE LOUISIANA CASE.
4 judicial. and Not Legislative Cues.
tion- In Appeal for independent south.

Tins rs The Irst TINE IN the history OF the |
United States government that the PROPOSE |
ton was ever made that Congress has the |
power under the constitution to anuul and |
set aside an election for State officers, !
whether the same had been fairly or un-
fairly conGu ucted. Ii Is monStrous propO- |
sltion. and one which will startle every con-
st:tutiOnal lawyer and believer in the neceS
sity for standing by the limitations OF the
fundamental law OF the land 1t Is the
longest stride toward centralized govern
1nent at the federal capital that has yet
been made. For if Congress can set aside
an election in one State it can do the same
thing in any other State. What is the use
tor State courts il Congress can set aside
and annul their decisions The valid.
itv of State election. so far as regards
State officers, is purely judicial
question. which the local courts alone have
the power TO determine and in the case OF
Louisiana they have determlDcd that Mr..
Kellogg and other officers associated with
aim were duly and legally elccted-~at all
events they have determined that the Leg
islature now sitting at the State House at
New Orleans. with which Mr.. Kellogg IS
cooperating. is the duly constituted law
making body of Louisiana, and that the
board of returning officers of election which
declared Mr.. Kellogg to have been elected
Governor is. or was at the time, the lawful
returning DO3fu. AZ - true tndt lHtI ft'
turns may be contested by the defeated
candidates. but they must proceed under
State laws and before State tribunals.
unless they can allege that they were de-
teated by reason OK the rejection OF votes
on account of race, color, or previous con
dition of servitude:' in which case they
NAV proceed in the federal cOuItS under the
enforcement act of Congress.
1t is said that Congress has the pow r.
= Il, oh,
State a republican form OF government.
So it has. but no one contends thai the
form of government in Louisiana is not re-
publican. The persons from that State who
are complaining 20 Congress at the present
time do not allege that there ia anything
wrong in the form OF the government there.
On the contrary. they allege that McEnery
and his associates in the Legislature now
sitting in Odd Fellows Hall at New Or
leans, aud claiming to be the legal State
government were duly and legally elected.
Ii they were to allege otherwise. they would
simply Estate themselves out of court, as
the lawyers say. What they want Congress
to say is that the support given by the eX-
rcutive power OF the United States TO Mr.
kellogg and his colleagues should be with
drawn. They want Congress TO recognize
and put il power the McEnery govern
;ncnt Who are the complainants be
lore congress. &utN diC llc Dtl!O-
Gratis of the State. led by Mir. McEn-
cry, and they contend that the election was
peacaanlv and fairly conducted, and that
they were elected. That is the position
I .cn bv Governor WarmOth, who seems 10
ne conducting the case on the part Of Mr..
MrEnery and his coliea gucs before the
committee Of Congress. The defendants in
the case are Governor Kellogg and bis as
| src!ates who contend not that the election
\ l,t -, tVsrt .t-
| mitted by tho State officers under Governor
! Warmoth were met and defeated by pro
! cecGings in the federal court al New Or
! leans. instituted under the provisions of the
act of Congress Of May 81. 1870, commonly
! known as the enforcement act Tins suit
| was decided in favor OF Mr.. Kellogg, in the
| lower rour:, but an appeal was asked for
| by the Defendants. aud may yet be
! granted. although tne Judge below
! tie appellant. to apply to the Su-
! premc Court of the United States for a
! writ of m,ntamu-. commanding the judge
| ~ New Orleans 10 grant the appeal prayed
! for The case is. therefore, Yet pending,
| Now. suppose the Supreme Court were to
! affirm the decision Of the lower court and
! sag thst Mr. Kellogg was entitled TO The in
! functions and other relief granted him by
| Judge Dureli under the enforcement act,
| turn the Kellogg government by ordering
new slection' Woulda f.: the Legislative,
! and judicial Departments then be IN direct
| collision. The fact il, Congress, by pass
! .ng the enforcement act, recognized an cleo
! tiOI, contest rs a contest 10 be sCttiGd by
! tlc courts; that Is to say. the question Is a
! iUuiciAi one. an4 The determination OF the
! courts Is 10 bc carried into effect by the
machaery of the courts. and enforced, il
-, ,,,- l, a.,1I1A AZ ln yfTv
| ernment. What right. then. b:s Congress
| 20 assume Jurisdiction conferred by Itself
! on the federal Judiciary, What right has
! il 20 step in ana settle Il pending litigation
! in the federal courts authorized toy It's own
! Jaw:
| 1t is one Of the gravest questions which
! Congress has ever hat before It. ana that
body may we'll pause before establishing -
revolutionary precedent If it sets aside
! an election in Louisiana because one set of
! candidates were defeated. 1t may he called
! on ~ set aside an election i'll any Other
S,a-e hy the defeated candidates there. and
/; such defeated candidates have it i'll then
! POWER to bring about the very state OF
| ;niu. u hcl forms the plefeXt and ground
| ~ t'ei: appeal 10 Congress. W no IL "a
hlan. Tor thr pre- sent condition cf affairs III
| Leuis ana WHY. the very McLncrv Demo
rrat- VII" af. L"w knocking at the doc.
! rt to,:arc tor recogi;;lo on "ud ?CEt! IHey
! '.">.. .t,nd Of from 'h" United States GOV
.:r:,:"rt ~ an attitude OF discomfort. like
,e'uien; "'liilren, for the last tour wears.
i,.ey would have n,thiE. I" do with pubic
! ,..i:s except to"nteriu secret sp.cu!dti"nS
:.i,! sciences o. piunder with Governor
W.l.:,:h and his friends. au6 .hen they
! .a:r!e etl into an alliance with i!m 10 carry
,',r election against the Republican canG!
date. bf Illegal and Gishonorabie means
Beaten at this game. they cone to Con
| "re-s and make !heir adVersarles deliver
~ the stakes. If Congress were 10 crafty
! them. it would have to settle every clcc
| ZION contest hereafter in the same way.
The question is national rather than a
! local one. and the effect Of the interference
! OF Congress in this case would be mos; un
| fortunate in the Southern States. the ma
jority Of whose people Il mean the white
; are as discOntented and unre1cntant as
| ever. eXccp! wien their candidates fOl
; Office are successful, and then all Is love
| ly." There is a large class OF valuable cIti
| Zens in the Southern States VII" are tired
! of the Democratic leaders and Democratic
/, party. and are ready tor new organization
! bu, they are held by the tyranny OF q
Inerciless public opinion. growing out o.
| areiudices which II is time sA"uld dis
appear. Congress owes something to The
+, independent men OF the South VII" dare
| TO speak and act ike tTcemen. They ar'
the true Republicans. using the word
in its larger Specification. and a. employed
ny lexicographers. II Congress should give
any encouragement to these aiscon'ented
Democratic leaders Of the South. II viii
! simply bc paving . prer:ium iog the dis
| bandlneat Of the friends =: th'. government
md their ostralism from c"'T. Ii "a al
! rrdc:.:.,ic fact that To- io.th': m man ear
! Join thu Republican party " !t..oaf inculrinG
! The community. Those 10 ~: cOura ge
, ous enough to do the have :, tie prepared
| - nee: every Kind Vi: .nean insult Is Con
! asss- c"in: - fo.;e. this tyrannous S!Ari
l. I. '.-... IL.