The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-03-01
Reports of the Committee on
the Louisiana Election.

WAsHINGToN, February 20, 1873.

WASHINGTON February 30, 1873.
Mr. Carpenter, from the Committee
on PRIVILEGES and Elections, made a re-
part Oh the credentials of Messrs. Nc
MILAN aud RaE-each claiming to be
the legally elected Senator from LOuisi-
ana-accOmpanied by a bill. providing
for a new election, for the purpose Of
establishing in Louisiana a republican
form Of government.
Mr.. Trumbun said that while he con
CURED in most of the views Of the ma
i0rity, he did not concur in their re-
Communications, Or favor the passage Of
the bill reported by them. He present
ed his views In writing, that they might
be printed with the report.
M. Morton said: While / dissent
from the report Of the majority recon-
mending that the recent election in
Louisiana be set aside and q new one
ordered under the authority of the gov
eminent OF the United States, I dissent
alse from the views Of the other 'mem-
bers of the committee who would rec
ognize what is called the McEnery
government, and [ submit my views to
be printed with the report.
Mr.. Hill submitted his views dissent
ing from the report Of the majority, and
recommending that the members of the
Louisiana Legislature declared legally
elected by both returning boards, be
called together at the State House as
the Legislature of the State, and that
they then proceed to count the election
returns and declare who are the legally
elected State officers.
Mr.. Anthony said that while he
agreed with tn emajority Of the commit
tee ia their relation of facts, and also
in their conclusion that there is nc illegal
State government in Louisiana, he was
so reluctant to resort to extreme meas
ures of interposing the authority of
Congress that he should reserve his
Judgment for a time, to see whether a
better way of meeting the case could
not be found.
Mr.. Wright, of Iowa, inquired whetl-
er there were not ONE other members
Of the Committee on Privileges and
Elections who wished to make a report
on the Louisiana ease. [Laughter.l
The several reports were ordered
printed, and the matter goes over under
rules,
MoRToN's MINORITY REPORT.
Senator Morton's minority report on
Louisiana matters state briefly the
method provided by the constitution
and laws of Louisiana for elections
the facts attending the election sOf No
Vemher last; the contest that arose be-
tween the different returning boards
the series Of suits in the State and fede-
raj courts, including Judge Durell's or
der, which is condemned as a usurpa-
ton of authority.
The decisions Of the Supreme Court
of Louisiana, to which the cases in the
lower courts were carried, affirming the
legality Of the Lynch board and recOg-
nizing the Kellogg Legislature, are then
discussed as an authoritative settlement
of the dispute by the highest tribunals
of the State.
He reviews the proceedings in the or
g%anizatiOn of the Legislature a.; the i'm
parchment of Governor arm0th the
secession of six Senators and eleven
members of the lower House, and the
attempted organization Of q new Leg
islature which he regards as irregular
and without the semblance of authority,
and resting entirely upon the unauthOr-
lied and unofficial declarations that it's
members were elected. A secession
from congress Of even a majority of its
members to meet in the City Hall
Notwithstanding anew legalcongress
The Legislature, after organizing, had
the exclusive and final power to deter
mine the returns and qualifications OF
it's members, and If some had been re-
turned who were not legally elected
their seats were to be decided by con
test in the Legislature itself, and that
decision is final.
The action of Congress in regard tc
Georgia is no exception to this rule.
There the fundamental conditions Cd
reconstruction had not been complied
with, while Louisiana is fully in the
Union, occupying the situation precise
ly of the other States. -...
He proceeds as, follows: "Louisiana
has aconstitution which has beenratiied
by the people; q code Of laws enacted
ny her Legislatures from time to time
a general system and body Of. laws
which is recognized and administered
by her courts; a Supreme Court in full
operation; district and subordinate
courts discharging duties without OBJ
struetiOn in every part of the State
She has her full complement of parish
and local officers, who are performing
their duties, without, resistance OF in.
terTuption. She has a Legislature
whichw organized under the forms OF
Law, the members of which were de.
eIared elected by tribunal which has
been pronounced by the Supreme Court
the lawful one for that purpose, and
this Legislature has been expressly
recognized by the Supreme Court
as being the lawful Legislature. She
has an Acting Governor who has been
declared elected by her Legislature, and
installed in office under the forms OF
law. It can not he said, therefore, that
Louisiana has not a State government
and that that government is not in ali
outward aspects legal and formal. =
The late insuFrectiOnary States at the
end OF the war were without govern
ments of any kind. They were without
Governors, Legislatures courts, State
or subordinate officers, and the Uni
ted States had the power to pro-
vide for. the reconstruction of the
State governments, and it was theil
duty to do.sO. .-E..... ..
The broad difference between the con.
dition of Louisiana at present and the
discretionary States-at the emil of the
wal must be cOmpreHendAdb by all. The
interference of the United States at that
time and undertaking the work of re-
construction, was a constitutional and
political necessity. 80 $500
Phe constitution declares that the
United States shall guarantee to each
State a republican form of government
and by generally received construction
this does not-linfit the power of Con-
gress to a mere inquiry as to the form,
bntit is construed to mean as if it read;
The United States shall guarantee tc
each State n government republican in
its form.n Where there are two rival
governments in n State, Congress must
first ascertain which is the legal gov
eminent, before it can determine the
question whether 1T is republican in
form, and if there be no legal actual
government. it is impossible that II