New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-20
LOUISIANA.
An Associated Press Agents Special TO the
New York Herald-tS DbriEht in the
Fusion Interest.

WASHINGTON, February !4.-The HeJ'Uhi
special Of February l. says: The Senate
Committee on Privileges and Elections, 10
whom was referred the case OF Ray and
McNIien. contestants tIOm Louisiana, have
taken over one thousand printed pages of
testialony. The report will be substantially Y
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, and sut-
ticicnt to i'll! twenty or thirty columns of
III" Hcroi.'. i, substantially as follows:
The committee review. the testimony at
length, and gives various extracts from the
testimony. from. the statutes OF Louisiana,
ami FROM the enforcement act of the United
States The testimony does not show that
voters were dis!.anchised in many instances
OF. account Of race or previous condition of
servituie. and therefore the law OF the gen
.ral government was not violated sufficient
y 10 authorize the Interference of Durell.
The Injunction placed by the Eighth Dis
.iict Court o.: the State upon the counting
-. the returns by tAe Lynch board w.s
legal and should have been respected.
The whole interference OF the United
States court. in the organization OF the
Legislature is grOss usufpat!"u. The
constitution expressly gives to each State
the organization OF its own Legisia; IRE. A
I..rInber has no light to contest TOR his seat
before a court OF the United States. IL Is,
therefore, evident that such court has no
authority to seat a hundred members at the
Instance of the Lieutenant Governor.
In this connection it becomes the painful
duty of the committee to express th tir
opinion Of the action Of Judge Durell. A
proceeding so manifestly Illegal has never
coE.e before Congress for its consideration
in connection with q court OF the United
States. and the committee fails to find
words with which 10 express theIr 2ohOr-
renee Of the action of Dureli.
Il row becomes necessary for Congress-
20 decide which OF Two courses shall be pur-
sued
Firgt-To declare the result cf the election
as returned by the Lynch board Illegal.
SecOnd-To declare that no republican
oovernmenteXists in the State of louisiana
The result OF the first course would be
the overthrow Of the Kellogg government.
fOr il is demonstrated that II federal inter
ference were Withdrawn the State govern
ment could not exist ten days. The testi-
monv shows that while thi. government
has no legal existence, 10 has d. fGctO pos
session ut the State. The McEnery govern
men. while existing dc j,0'e, was d6monstra-
bly, elected, not SO much by force. which
would bring it in conflict with the enforce
ment act as by craft ard cunning.
The committee IL o. the opinion that
fair expression Of the wishes OF the people
would nave elected Kellogg, but this was
no, had.
The secoal course 20 declare that = re-
publican government does not exist, the
COMMITTEES approaches with extreme reluc-
taDce. While there is no doubt o. the
power ot Congress- in the case, it is power
which should never be used without Just
cause. Congress might tomorrow declare
that no republican government exists IN
Nassachu9etts but such procedure would
be arbitrary and unjust in the extreme. Ia
the case OF Louisiana, however, II Congress
negiects to act the Kellogg regime vii. con
tinue in existence only by federal usu"pa
ton. II, therefore, seems necessary that a
republican government should be estab-
llshed by the action of Congress, and &c
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 follows:
] The people Of the State are about equally