New Orleans Republican., 1873-04-09
THE PROPAGATION OF ERROR.

propagation Of error. But 90 those per
sons whom. from official position, she
duty of impartially investigating and de-
termining rightfully questions that nave
divided the people OF Louisiana, the con-
duct Of the Virginia Legislature in uphold
ing the pretensions Of Mr. McEnefy a'
this late day, must be regarded as WILL
full perversion Of truth rather than the
innocent propagation Of error. In the
face of the decisions rendered IN our STATE
and federal courts establishing the le-
| oalitv of the State government. the VIZ
pinia LEGISLATURE, accepting the eA parte
statements of Mr. McEnery. conveyed IN
a communication addressed to that body
| and signed by him as ''Governor, makes
them the basis for interfering IN a most
| unwarrantable and mischievous manner
in The domestic affairs Of Louisiana. q
State, the people of which are composed
of Republicans as well as follow
ers of Mr.. SfcEnery. which fact
the Virginia Legislature totally ignores in
its pathetic response TO ''Governor' Nc
Enery's communication. And there IS
good reason 10 believe that upon fair
and full vote of the voting people Of Lou
isiana there is a Republican majority Of
from fifteen to twenty thousand. But,
suppose we reduce this majority to ten
thousand in the last election vote of
no man being suppressed and Mr.. Kel-
logg is elected Governor by handsome
majority. This important fact the Nir-
ginia Legislature loses sight Of when, in
attempting to bolster up the claims of Mr..
McEnery and defeat the will of the ma
jority, it says:
political body, claiming to be the regu-
larly elected government of that State, has
been superseded, and another body with
rival claims substituted in its place, and
that both claim the allegiance and Obedi-
ence of the people. The disorders, moral,
social and political, which have followed
upon this anomalous state of things are de.
picted in lively cOlOrs by the sufferers; but
it NAV be well believed not too strong or in
excess of the truth. An appeal has been
made to the President for redress, but that
official appears to have devolved the duty
of Interpretation upon Congress, which was
in session while these transactions were in
progress, but that body has adjourned with
out action on the case, and the President,
in their recess, still refrains from interter.
ing, and the people of this distressed State
are thus left, at least for the present, 10
their fate. Were this received as the de.
liberate decision of those entrusted with
the constitutional powers of the govern
ment, we would be forced to conclude that,
instead of preserving and enforcing the
pledge in the constitution that 1.-The United
States shall guarantee to every State in the
Union republican form of government"
they were cooperating to foil and defeat 1t.
It is not unquestionably true, as as
serted by the resolution. that by the
order of federal judge, made etfectual
by military force" the regularly elected
government of Louisiana has been super
seded and another body substituted in its
place. Mr. McEnery has never been
legally proclaimed Governor OF Louisiana,
and consequently, an order of a federal
Judge, backed up by United States sol
diery. was not necessary to set him aside.
The contest that virtually determined the
claims of Mr.. McEnery as Governor of
this State was the case Of Kellogg VS..
Warmoth, instituted in the United States
Circuit Court. After a long and patient
hearing of this very important case. the
plaintiff and defense being represented
by the ablest members Of the New Orleans
bar, the relief prayed for in the bill of
equity filed by Mr.. Kellogg was granted.
Judge Durell. after hearing all the
law that could be brought to bear upon
the case and the fullest arguments on both
Sides decided that the court had jurisdic-
tron in the matter at issue. This was in
fact conceded by the pleading Of defend
ant, and rests upon the fifteenth amend
ment to the constitution of the United
States, which declares that no State shall
abridge the right of any person to vote
on account Of race, color or previous con-
dition, and the two statutes of 1870, which
convey the power to enforce the amend
ment through suits instituted in federal
courts The bill filed by Mr. Kellogg al
legged that thousands Of colored voters
had been, on account of race and color
deprived Of registration and Of the
right to vote, and that thousands |
of other colored voters who had |
been allowed to vote were about to |
be deprived Of all the practical effect of
voting by a contemplated suppress
sion of their votes in the count on ac-
count Of race and color il the following
manner: That Governor Warmoth, find |
ing the legal board of returning officers
determined to compile and aggregate the
votes fairly, had improvised violently and
without any authority Of law another |
board who were about by unfair com
pilation, to give effect to this deprivation
and this suppression, and thereby prevent
the election Of Mr.. Kellogg as Governor.
The bill asked to have the returns in the
hands of Governor WarmOth preserved, !
~ evidence of Mr.. Kellogg'S election. |
These were the CHEF objects sought to he |
obtained through the bill III equity filed |
by Mr.. Kellogg all tending to vindicate
the will of the majority of voters in this
State in the manner prescribed by tie
constitution and laws Of the United |
States. And now We come back to
the statement enormously made by |
the Virginia Legislature. namely: That
it is incontestibir that by the
nrlnr Of q fnlnral ;rL-, ,,.ni. .-Es.-.t,,,