New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-08

words, to legislate for the execution OF
those provisions of the constitution which
| laid restraints upon the States. The theory
| of that day was, that when the constItu-
ton said mo State shall do SO and So" that
| was enough TO secure the non action OF the
| State. But unfortunately 1t was found that
| a mere constitutional provision was not
| sufficient to secure obedience, ana IN the
| three amendments under consideration the
! power is expressly conferred upon Con
| gress to legislate SO as to secure the prac-
| teal operation of their respective provisions.
To illustrate, the fifteenth amendment
declares 'the right of citizens of the United
States TO vote shall not be denied or
abridged by the United States or by any
| State on account OF race, color, or previous
| condition of seryitude."
"The Congress shall have power to enforce
the article by apprOpriate1egislation
| Now the right to vote means more than
| that the citizen shall be permitted TO deposit
| his vote in box; it means that the vote
! when so cast shall be counted, canVassed
and be effectual to secure the office TO the
| person voted for, if he has majority Of the
| votes cast Under this amendment, Con
| gresa, to enforce its provisions, has enacted
that no person shall be deprived of an of
| fee, State or national, on account of the re-
| lection of votes by the State authorities in
| violat ton of this provision of the constitU-
| ton; and that he may obtain the office by
| the proper action in the courts OF the
United States.
In the late election there is no doubt that
| the State of Louisiana was carried by at
least 10000 majority for the Republican
ticket, and that Kellogg was elected Gov
ernor by an equal majority. The votes of
colored citizens were refused, and when
they offered to swear their votes in, they
were refused upon the ground that they
did not understand the obligation of an
oath. A remarka BILE assumption, consider
ing that they Lad head nothing but oaths
from their masters while in slavery, and
nothing but oaths from their old masters
since they have been free. ThereupOn the
canvassers were about to declare the can
didates elected which had received the
highest number of votes, although the re-
suit would be different had all votes been
received which we're properly offered and
Kellogg filed his bill in the Circuit Court
of United States for that district under this
act of Congress to restrain the unccnstitu-
tional canvass OF votes, and the court, on
hearing the proofs, granted the injunction,
and the Supreme Court of the United
States, which was applied to for a prohibi-
ton, declined to interfere.
In the meantime WaTmoth. Governor of
that State, the greatest brigand in Ameri-
can politics since the days of Aaron Burr,
WAS lHfptdCUcu Dy LuS 4ONtI lOuec VI VIC
State Legislature, and suspended from his
office. Thereupon, Rinchback, Lieutenant
Governor, entered upon the discharge of
the duties of Office of Governor, and was
encountered by WaImoth and portion of
the State militia which adhered to him. In
this state of things, and TO stay the etfusion
of blood, the United States interfered on
behalf of the regular authorities of the
State and restored order; and so the matter
rests.
This is all there is for Democratic papers
to howl over as usurpation on the part OF
the general government.
The Presidents support of Pinchback
was strictly in accordance with law, and
was Just what was done in the D0rr troubles
i'll Rhode Island. He had no choice about
it, and could not have done differently.
Whether the suit in the United States court
is proper or not, is q question 10 be settled
by the courts. Whether a suit in equity to
prevent an unconstitutional canvass can be
maintained, or whether the man entitled
must wait till his opponent is inaugurated,
and then bring quo gcGfralto, is fair ques-
ton for judicial determination. The court
below sustained the action, and the Su-
preme Court, after final decree, will pass
on the question in the exercise Of their ap-
pelate jurisdiction.
| have allnded 10 this matter for two
reasons. 1t has been made the occasion of
criticism, very unjustly, think, OF the
admins ration; and il illustrates the new
subjects which the amendments have con-
tided to the general government Prior
to the amendments, neither the political
nor judicial. departments Of the United
States government could interfere with the
determination of who was entitled to
State office. Now the judicial department
of the United States has jurisdiction to de-
termine whether the person claiming to be.
elected has been deprived of the office by
State authorities in violation of the consti-
tuition Of the United States.