New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-02-22
THE cBAOS IN LOUISIANA


The learned doctors in the Senate disagree.
Who shall decide7 The Committee on Priv
ieges and Elections, which has just reported
on the Louisiana election case, is composed Of
the following Senator's Messrs. Carpenter, An
thony, AlcOrn, Logan, TIumbull, Morton, and
Hill. What is now known as the majority re-
port in the case is signed by the four first
named. Messrs. Trumbull, Morton, and Hill
each submit individual views, or minority re-
ports. Let us see what are the points on which
they all agree. Durell Judge of the United
States Court for the Louisiana Circuit, as
sumed to determine which of the State
boards to canvass election returns was the
lawful one; lie ordered the returns TO
be deposited i'll the custody of his
Court he issued an order restraining certain
State officers (or men claiming to be such)
from exercising any official functions under
color of any pretended authority; he also
issued an order directing the United States
Marshal TO seize and hold in possession the
State Capitol. These acts set up the Kellogg
Government in the State The majority re-
port characterizes every one of these acts as
"most reprehensible, erroneous in point of
CLAW, and wholly void for want of juris-
"diction." In this opinion, every member of
the Committee cOncurs. So much for Dmell.
Next the State Supreme Court recognized
the legality of one of the Returning Boards
(the Lynch BOard) and held that the existing
(Kellogg) Legislature was the lawful one
which was organized by the admission Of such
persons only as were returned by the Lynch
Board as elected members. Six of the Com
mittee agree that the proceedings of the State
Court we're illegal and void. Senator Morton
evidently believes that those proceedings were
illegal; he believes, however, that Congress
has no right to say they are void. He
holds that the Senate cannot 60 behind
the action of the Legislature and inquire
whether its members were legally elected.
The Senator admits that Congress may review
the action of the United States Court in the
premises and that, further, such review ex-
hibts the illegality of the proceedings of that
Court so far as they affected the standing of
the Legislature but he declines to examine
the action of the State Court in the same case,
though that action might also be unwarranted.
So he can come TO no other conclusion than
this The legality of the existing State Gov
eminent having been sustained by the Supreme
Court of the State, it is fact and is in active
the President in his course in the Louisiana
affair.
As for the other conclusions: Six Of the
Committee, as aforementioned, being of the
opinion that Durell's orders were illegal and
the proceedings of the State Court also Illegal
and void, agree that if any Legislature is
that known as the McEnery or
Fusion Legislature should be. But four of these
six Senator'S, namely, Messrs. Carpenter Logan,
AlcOrn, and Anthony, declare there is no State
Government fin eLouisiana,nan that new
election Is necessary. Mr.. Trumbull dissents
from this conclusion, and holds that the Me-
Emery Legislature should be recognized; and
that Mcmillan, elected to the United States
Senate by that Legislature and holding COM
mission from McEnery, as Governor, should
be admitted TO his seat. The admission of
Mcmillan would be ample recognition of the
State Government Of louisiana. and would be