New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-21

constituent parts 10 say that the absence o.:
the Governor. or the presence of . SraudI?.
lent one VIII destroy its existence: and che
constitution and laws have provided the
machinery by which the intruder NAV be
expelled and :he Lawful! Governor pU: "A
lis place.
Should the Legislature he thrown no br
the secession or resignation q! . majority
OF Ns members. leaving il HjthdM?
"a quorum, which has happened in many
OF: the States. this would not destroy :h.
existence OF State government Or
II x De jriegularlr "r traudulenciY
organized Gy the admission u: persons "a
members who were no! elected, IL Gou!d
not be said 20 have destroyed the existence
OF the State government. Il is hardly necs
essary 20 consider, how many OF the con.
ttitnen' parties of the State governmen:
mu>t disappear before the goyevHIUeE:
ceases 10 exist.
The presence Of Governors and Sta:"
officers who secured their offices
by fraud has occurred many :imeS
in our political history. and has never
been held 70 Lave destroyed the existence
OF State government or il. lega! char
acter. and We know that there havb
been numerous Instances where State Legiss
!atures have been broken up by The yesignaa
tiOn of members, or by what IS commonly
called boiling. and vet it was never claimed
that such result destroyed a State govern.
Ment or took away its legal character.
lhe theory OF our system Is that every
Star" government has the power and ma
chinery to correct the wrongs and frauds
within itself. practiced under cover OF. or
IN open violation of, its own laws. and that
the decision OF its own tribunals. created
by It's constitution and laws tor such pug
pose, must be received as final
When the constitution of a State provides
that each house Of its Legislature shall be
the judge of the election and qualification
of its members, !ull faith and credit musy
he given TO their action, and should the
government of the United States 90 behind
their action 20 inquire whether members
have been lawfully elected to the Legislas
ture. their independence would be wholly
destroyed and the validity of their action
made to depend upon the will of Congress.
So when The laws of State
have constitutionally created a re-
turning board - ascertain whU are
elected State officers and members
and members of the Legislature, If Con.
gress may 60 behind the decision of that
board, and inquire whether they had the
returns before them. and whether they
were acting in accordance with the laws of
the State, the election of State officers and
members of the Legislature would be placed
absolutely under the control of Congress.
He next refers to the decision of the Su"
preme Court of the United States. III She
B Jrden; where it is declared that the pow.
or of determining that State government
has been lawfully established. belongs 20
the State courts.
There is no impeachment of the Supreme
Court of Louisiana presented to the com
mittee or to the country. All its members
but one were placed upon the bench ID
1868, before the present troubles arose, ana
hold their office for four years longer, and
although lmputatiOns have been cast upon
its action. know of no foundation for
them. and it is not legitimate for Congress
10 make an inquiry into its motives.
The power and duty conferred upon the
United States by the fourth article to guar
antee to every State i'll the Union a repubs
lican form OF government, is political IN lt6
character. and not subject to revision by
the judiciary: but when upon inquiry it is
ascsrtained that a State has an existing
government in active operation, which is
| not obstructed by violence, in which each
department is mutually recognized by tho
other. and which Is republican i'll its form.
there is no foundation for the interference OF
Congress and no condition which its power
can attach, and although its officers may
have been elected by fraud or installed
without election, vet all questions in rela'
ton TO them must necessarily arise under
the constitution and laws of the State, and
under the decision in Luther VS.. Border, be
referred for determination to tribuna! OF
the State.
THIS whole affair. ON both sides. is unfof-
tunate and painful, and if Congress could,
without exercising a dangerous power and
establishing perllous precedent SEE tho
whole matter aside, and provide for new
election, with the security that it should be
a fair one. il would be far more satisfactory
to The people of the whole nation.
Murder is the highest crime, but it is nos
every court that has Jurisdiction to punish
it. and one court can not assume such jurlE-
dicton upon the ground that another to
which II has been granted, will not prop
erly exercise it, and Congress has nos the
jurisdiction TO examine and redress every
delicate wrong that may take plac" in -
STATE.
Legal remedies are provided FOR the Sc
dress OF all wrongs thAt may take place ia
regard 70 elections.
Ii would be Inconsistent with the !ndC.
pcndence and integrity of the State govern
meDt. for the / nited States to interfere
and assume. Jurisdiction upon the grOunG
that the State tribunals have acted wrong
fully and iraudulently. Nor will it =" act.
the government Of the United States is nos
a Don Quxote. going forth to hunt mp and
rcdrt-. all the wrongs that mag be- iuttigtc4
1pon The people IL any part of the country.
IL j. a -oyar:lIllrn5 limited and rcs.raincd
in Il. jurisdiction " Ae charter ot it- ere
alton. and that charter distinctly recognizes
thu. existence OF State governments. 70 b4s
constituted l.. ..Iy by the States theme Ives
subject only I" ,he provision Of tn. .t!gheg
taN that :hev snail! be republican ia form
Thl- dDctln' in no wise recognized che
olGoG-- aimed theory Of State sovereignty.
which has he.n IL: evil spirit Of "m: t"liti-
cal system. an: 20 which the pr"sens
frCVhic. IN Louisiana lniy be traced back.
''ut springs from the great fact thar the
Il ~ R1fyl,f att