Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-27
THE RUTLAND HERALD
The Louisiana MIDDLE.

less than four reports. The majority
report the substance of whose recon-
mendations was published in our tele-
granbic columns Friday morning, propose
a new election under federal superyis-
ion; Mr.. Trumbull sustains the legality
of the fusion legislature, while Mr..
Morton holds that the Kellogg body is the
true legislature. Mr.. Hill, for himself,
proposes that the members of the legis-
lature recognized by both parties shall
meet, organize and appoint a committee
TO canvass the votes for all officers, and
that, upon their canvass and declaration
of the result, the Governor, other State
officers and members of both branches
of the Legislature shall, as determined
by them to have been elected, be sworn
in and discharge the duties of their sew
eral offices. We should be glad if either
the report of Mr., Hill, or that of the
majority of the committee providing for
a new election could be adopted, and
thus provide satisfactory solution of
the difficulty. But there are grave diff
culties in the way of any such action, or
in fact, of any steps being taken by
Congress TO settle this matter. That
body, by express provision of the con-
s,itution, is made the judge of the quail
ifcations, election and returns Of their
several members. Their power extends
80 far that they can admit or reject any
or all members returned from particu-
Far State, at a particular election, where,
in their opinion, the members, returned
us elected. are not possessed Of the re-
.ni.tr qualifications as to age, residence,
,c.. DR. that their election is tainted
syith fraud or other illcgality, that goes
10 iua election and returns. Does their
authority extend any further? The
,ue-trn before the Senate and their
ro arit'gc, upon which they were au-
thori2ud 70 act, was the admission or re-
IL tion of two gentlemen claiming to be
d'y and legally elected to represent the
* f..r of nuisaua in the Senate Of the
Ilifrd ,,,atj, IF we understand the
constitution and form Of government Of
lhe Cuitrd States, this was the only
m7ttcr Of legitimate enquiry that could
.tpu. hrfore them. When they decide
,h.- question, they decide the only ques-
lion of which they have jurisdiction.
We are well aware that the constitution
contains clause that "the United States
shall guarantee to every State in this
Uoion a republican form Of govern
m.lt." but we do not conceive that this
provision has anything to to do with the
present case. There is no question that
rlrn party claiming to be the true aud
legal government of Louisiana is repuh-
lican in form and in fact. Herein lies
I've difference between the situation Of
Louisiana now, and the condition e
r1qire in the Southern States at the close
nf the rebellion Those states, then,
had no legal or pretended governments,
republican in form There was no
power in the people to organize such
governments. Everything was in q cha
utic state and Congress, under this pro-
ri,ion Of the constitution, stepped in,
as hey had the right and power to do,
a.d ~ appropriate LEGISLATION provided
means for securing proper, legal and
republican State governments. Louisi-
ana is now q sovereign State in the
Union. aud Congress has no more right
or power to declare one or both of the
srt- Of State officers and Legislatures to
bp thu government, than it has or would
have in Vermont. If this is political
question, and not 3 legal one, as claimed
by the majority report, then, certainly,
Congress has nothing to do with it,
This question was fully decided in what
Is known as the Rhode Island case,
quoted by Mr.. Trumbull, although he,
by design or accident, fails to refer to
the particular point We have had oc-
casion once before to refer to this point,
hut will quote it again in this connec-
ton. The court says that the President
unjust determine what body of men con-
stitute the legislature, and who is the
Governor" If it is a judicial question,
the Senate, being legislative and not
judicial body, of course, has no iurisdic-
ton We do not wish to be misunder-
stood, when we say the only power the
Senate has is to enquire into the legality
Of the elections of its members. We I'M
l..a4o.,I e 1o,,ro, +l,ot 80 I,tI, Iro,,o I,oe
Of Congress should admit, the Senators
and Representatives claiming under the
same election they would ipSO .fucto, de-
eide that the election was legal, and that
the government, under which they were
elected was republican in form, and
that from this decision there could be
no appeal But after all, tde only effect
would be to admit the particular per-
sons whose election was in question. 1t
could so no further. 1t seems to us
that, although it is the power aud duty
of the President to recognize and deter
mine which body shall be recognized as
the Legislature and who as Governor,
the whole question is purely, in the end,
judicial one We all understand that
we cannot be represented in the Legisla-
ture of Vermont by person whose Gre
dentials are signed by an individual or
committee not known to or recognized
by, law. We know that our State
officers could not derive official power
from certificates signed by town and
State committees. There are persons
appointed by law whose duty it is to
count votes and certify to the returns
and give credentials. if the proper
officer gives the certificate to a person
receiving the smaller number of votes,
ne is prirna .tacjo entitled to hold tie
office even against the person rightfully
elected having only credentials from a
self constituted and illegal body. Re
course Is then had to the courts to rec
tify these frauds and errors. The
courts, and the courts alone, are author
lied to hear and finally determine these