Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-01-14

Judge Durrell and it was due to the Re.
publicans Of that State and to the people of
| that State. If there had been corrupt and
extraordinary proceedings there, the mass
es of the people Of both parties were en-
tirely innocent OF item.
Mr.. EIdridge suggested that Judge Du.
rell did not claim to be acting as United
States Judge, but as
vice-Regent of Almighty God,
sitting to dispense justice. r..e
Mr.. Sheldon-He is United States Judge
nevertheless. l don't cay whether he has
done right or wrong. / pass no opinion on
his action. If right, let him be vindicated;
if wrong, let him abide the consequences
of his acts. therefore propose this inves-
tigation IN NO party spirit, but in the spirit
of peace and good government.
Mr.. Butler, of Mass, opposed the reso-
luton, arguing that the investigation would
not be closed before the close of Congress,
and that the proper course would be the
passage of the bill now pending before the
| Judiciary Committee for the appointment
OF Commission, charged With having
A New ara Fair Election
! in the State of Louisiana. He argued that
neither the Warmoth nor Pinchback gov
ernments had any legal standing.
Mr.. FarnsWorth replied to MFR. Butler s
argument and supported the resolution.
Before Congress could take the ground that
there was no State government in louisa
ma, 1t would be necessary to turn out the
! meh now sitting aa Senators aud Repre-
sentstives from that State. .....-
Mr.. Butler-The State had government
when they were admitted:
Mr.. FarnsWorth-But their Office csase5
&c soon as the State government ceases.
Mr.. Kerr regarded Mr.. Buffers PROPOSE
ton not only as untenabie but IS mon
strous. No one could deny that Louisiana
had constitution that was republican in
form. 1t had been organized under Con-
gressional dietation, and the Republican
party should not 60 back so soon on
its own offspring. 1t had been made By
the people Of Louisiana after ffsanner. It
had now been overshrown by the laEless
conduct of one man, aided by many others
of equally bad and revolutionary character
and Infamous purpose, and that one man
was an officer of the Federal Government,
and not Of the State Government ct I'll. 1t
was Judge of United States District
Court in Louisiana, who, Withcut one single
scintilia Of legal right or authority und5r-
took 70 step IN between the people of Louis
lana and the result CT legal and con-
stitutional election had in that State, and 70
put it in the power of combination
and a clique there, to take control
of the State Government by overruling the
popular will. They all know that the in-
famous Pinchbeck government was not
elected by the people of Louisiana, and did
not claim to have been 50 elected. It was
for the purpose of setting aside the judg-
ment Of the people that that infamous
judge gave the hand Of Federal power to
combination of lawless men. 1t had been
stated by Sheldon that this investigation
was due to the President of the United
States and to Judge Durell, which meant
that the object was to
whItewash
these men who had intsrposed lswlessly to
overthrow rightful and constitutional and
regular Government of State. He (Mr.
kerry was opposed to all such whitewash-
ing propositions.
Mr.. Dswes-What remedy does the
gentleman propose?
Mr. Kerr-The remedy is clear to me as
the light of the sun. Il consists alone In
the General Government keeping it's hand
Of laWless power of of the people of Loui-
siana and suffering them TO 90 on in the
exercise of their own powers under the
Constitution in recognizing and establish
ing order in their own State.
Mr.. Smith, of New York-Suppose the
Presidential election had turned on the vote
of Louisiana, would we not have civil war
in every State of the Union?
Mr.. ker:--I do not see any necessity for
civil war arising with these Louisiana
troubles except for this lawless interfer-
Cnce. It is trus that If this lawless in
reference had not taken place first on the
part Of the Federal judiciary ia
Louisiana, and then on the part
of this administration, the electoral vote of
Louisiana would not be cast for Grant.
But, now, what is the remedy? Take off
this laEles5 power and give back the peo-
pie the right to control their destinies with
in the letter and spirit Of the Constitution
of the United States.
MIR. Stevenson, o., opposed the resolu-
tion. He argued that there were no less
than five Committees in the two houses
that bad now jurisdiction over the question,
viz: The kuklux committee, the select COM
mittee sent last winter to Louisiana, the
two election committees, and the judiciary
committee. He argued against the resolu- |
ton, saying some things should be left to |
time, the great healer; thst Louisiana
should be left to herself, and that Congress
should be done with the everlasting ques-
tion Of reconstruction. Let them recon-
struct themselves somewhat. If they can't |
have peace let them have trouble. He |
yuOT1lIp r If of f6Oao -t,Io
Gals down there
Cut Each Others ThrOats.
Mr.. Cox supported the resolution desir- |
ing no ex parte statement by the Execu- |
tive, but both sides Of the question, so |
Congress might determine its proper course. |
Mr. Poland argued that the question was |
a mere election contest and purely OF a ia. |
dicial nature. One side had got decision
in its favor and it was not for him to say |
whether it was right or wrong. 1t was the
duty Of the Executive to prevent civil war
and anarchy, and that he had done.
Mr.. Hale, Of Maine, supported the reso-
luton, arguing that the carpet-bag govern
ment brought disgrace upon the Republican
party; and might have brought defeat upon
it but for other cverpowering considera-
tiOns. The Republican party would be
held responsible in the future ifanarchy and
corruption prevailed in the Southern States,
and therefore be wanted solemn and funGG-
mental action.
Mr.. Bingham sustained and Mr.. Schofeld
the resolution.
Mir. Dawes opposed the resolution, sta
ting that he was more troubled with exist
ing facts than with any effort to search af-
ter others. The constitution imposed up
on the executive the duty of recognizing
when there is conflict in a State which of
the two was the government defacto not
dejure, and Congress was not to set up by
enactment one set of officers, but to
decide on its part who were the defscto of.
hcers. The question who were the dejure
officers should be left to the State courts.
Thus far the President had acted in con-
formity with bis duty.
MIR. Shelalbarger endorsed Mr.. Dawes
views, and Messrs. Pollard and Eldridge
those of Mr.. Kerr.
Mr. Garfield offered as a substitute
resolution referring the Presidents message
on the subject of Louisiana to the Judici-
ary Committee with instructions to report
whether any facts in the case require &C
lion by Congress. Adopted.
On motion of Mr. HibDard the rules were
suspended to allow bis proposition in refer
ance to the Pacific Railroads to be in order
IS an amendment to the Legislative Appro-