New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-16
ABOLIsHING TIE GOVERNMENT.

who are now catching at everything that
| looks like straw, endeavor 70 persuade
| themselves 20 believe tina: the recent re-
| por: Of the Senate Committee on Privi-
! leges and Elections has virtually abolished
| the Supreme Court of this State, leaving
| every man 70 be the Judge Of the la" III
his own case. and relieving him from ODE
dience 20 any mandate that does not run
! in his own interest Because majority OF
the committee could not find any analogy
between the decision Of the Supreme 'ouf'
a, to which vas the legal returning boafd
AMI IL. decision Of the latter az to when
were the duly elected presidential electors
i; i, taken 70, granted tina: the Senators
REGARDED the decision Of the court as "a
no account. and that every man Tor hlln-
self NAV take the same view IN al! matters
IN which he i, interested. This looks
I, II, Xix. a new outbreak OF the
old soiri, OF notification III fresh
place. Heretofore the idea was TO
nvliifv an obnoxiou, United States law by
the so-called sovereign power OF a State
in convention assembled: whereas, now it
!, proposed to abrogate all the machinery
of State government on the authority
of the opinion Of a congressional commit
tee. This would no! be sound doctrine.
even if the committee had really reported
against the authority Of the Supreme
Court. which they did not do. On the
contrary. we find in the report positive
recognition Of the legality OF the Lynch
Longstreet returning board, which recog.
milton was. of course. based upon the de-
cision of the court:
The election of the Greeley electors was
certified to by the Governor OF the STATE.
| but the official returns of the election have
not been counted By the returning board
| created by the Lars Of Louisiana for that
! D1typ1sc and the persons who IN tact made
The examination in the count had no legal
authority to do 80. The election OF the
Grant electors is certified by the Ly7tch re.
,,,rnin1 board but that board did not have
the official return. before them, and their
election is not certified to by the Governor
of the State. as required by the act OF Con-
gress.
Thus the Greeley electors were rejected
because the returns of the election had
not been counted by the returning board.
and because those who made the count.
Messrs. Bragdon. Woodward. Wharton,
DaPonte. Hatch h Co.. had no legal
authority TO do 50. The election OF the
Grant electors. il is stated in this report.
is certified 70 by the legal (the Lynch)
board, but failed because the certificate
did not have the Governors signature. II
will be borne in mind that our Supreme
Court did not pas, upon the case OF the
electors. but only upon the proper officers
to make the returns. Therefore. the SEN
ate committee has not. as the fusionists
claim called the authority OF the Supreme
Court Of this State in question in the
slightest particular. The premises being
false, the structure must fall.
But 10 admit, for the sake Of argument.
that the report Of the committee was Just
what is claimed for it. are the people Of
this State prepared 10 accept that as viz
tuai notification Of the laws of Louisiana?
1t has never been contended that there is
any authority in the United States sUpe-
rior to that o: the Supreme Court OF
State in any case arising under State laws.
For the purposes of local government,
what the local authorities direct Is the
measure that the citizen must respect;
fox even in our intercourse with the ma
tiona, authority we are to receive our
orders FROM the general government
through our own agents. When the fed
eral legislature enac.s laws that supplant
our own. it provides place OF enforcement
tor the same. AZ it cannot Use single
officer OF the State except with the consent
of the State. When the State enacts
4 law i: proceeds in the same way
to provide an agency to enforce it. not be-
ing authorized to call in the services of
the federal officer who stands idle at the
corner. The two systems are distinct in
their organizations and entirely separate
in their operations. and our Supreme
Court does not require recognition from
the federal judiciary any more than the
latter require recognition from the State
tribunal. And above all. what the citizen
Of Louisiana is required to do IS this. that
until an absolute and undoubted revolution
ha, taken place. he is bound to abide by
the DEGREES of his own officers. lot only
because they represent himself immedl-
ately. but because they represent the
national Authority presumptively. Every
decision emauatiuy from the public au-
tlorities o. Louisiana is based upon and
mus: be supported by the entire national
strength until the same is reversed By
subsequent and superior instructions. 1t
is apparent. as proof OF this. that when
the federal soldiers respond to Governor
Kellogs's request. a, they have done and
will do ~ occasion may require. the su-
premc power of the government recognizes
his Authority and viii sustain the same.
III view o: the notorious facts tina: PEE
Val! Oh every hand. how stupid. no. to say
criminal. tits in McEnery and his partisans
to pretend that because the Senate COM
mittee did not take notice of an irrelevant
tact. therefore tie bonds of allegiance be-
tween the citizens and the State have bee,
destroyed, and we are now without any
authority to protect society ana defend F,
ourselves from the lawless. This j, :.
deeper and darhe: shade OF that treason
which reared 1t, hea J II CharlestOa. and |