New Orleans Republican., 1873-05-25

a Northern farmer coming to this State is
treated by you white men as you would
treat white Louisianian Of the same capa-
city. the same refinement. the same hon.
estv, then YOU can establish all these facts.
and convince NE and convince the North
that your situation is totally misunderstood,
and YOU will not find in the whole breadth
OF this land any more earnest or Jealous
disciple O. the truth than you vii! ind u
me.
.EE LAST ELECTION.
Lei ne come now for a few moments 20
consider The present political situation n
-le STATE OF Louisiana. Iou had an cleo
zion in November last.
A voice in the crowd-No, we didn't:
Senator Carpenter-Well. you had some.
thing. About one-hali Of your people say
there was an election. and McEEerv was
elected Governor. Another part say there
was an election. and tha. Kellogg was
elected Governor. A very respectable num-
Der o: citizen. say there was an election.
and nobody was elected Governor. Bat at
al. events there was !. pretended election IN
Novembe last. McEnery and lis associates
claim 70 have been elected 20 State offices.
and claim tha. 2 Legislature IN sympathy
with them was duly elec,eGsby the people.
Kellogg and his :.ssocIates@ lain 10 have
been elected 20 the same State offices. and
.!aim :ha: Legislature composed ~
persons in sympathy with them was duly
tSected.
USCoSS.lTU11oNALyTY OF Til: ELECTION
LAW.
This election was held under che State
lava law passed in several particulars n
fragrant defiance Of YOUR State constitution.
Yoar constitution provides :hat the votes
for Governor and lienteDan. Governor
shall be transmitted ;.om the parishes 20
the Secretary Of State. tha: he shal! keep
them until Ihe second day after the con.
reniIg Of tie Legislature, and then GelIye:
them 20 she Speaker OF the House, anG that
:he two houses of the Legislature shall ex.
anime aud count the votes. The State
statute provided that the board of canvas
sers or. as you style it. the returning board.
should consist OF the Governor, Lleutenan:
Governor. Secretary Of State, and John
i.vnch and T. c. Anderson by name: that
the returns should be made 10 this board.
ana that they should canvass them and de.
clare The :esu!:. Tie statute. therefore.
provides a totally different channel for the
transmission Of the returns. and a dlteren:
depository ;or their cate keeping. from
those provided by the constitution. The
act was unconstitutional IL SO Tar as Il pro-
vie:ed that Lynch and Anderson should be
mem berg OF shat board. because your con.
sticut!an rests the appointln. power. with
certain exceptions not material here. ID the
unNt1NUE oS sEt sctdlcs
THE CASE IN THE UNITED STATES COURT
You are so familiar with subsequent
transactions in regard to that election that
shal! pass over :hem rapidly. Two re-
turning boards sprung into existence. each
claiming 70 determine who had been elect.
ed and an appeal was made 20 che federal
court by bill fled by kellogg 10 perpe.u.
ate the testimony. which he intended 20
uee in case lie was thereafter 20 bring 10
obtain she office OF Governor.
WHAT THE FIFTEENTH AMENDMENT MEANS.
The fifteenth amendment o; the constitu.
zion OF the United States provides that no
State shall deny 10 any citizen OF tne III
ted States the right 20 vote On the accouI:
OF race. color or previous condition OF ser.
vi.uGe. and :hat Congress may pass al! ap-
propriate laws 20 carry this provision ;lto
execution. TO vote is not merely 20 de.
posi-: i,ailo. in boz. /: includes tie en-
ire process. an.. al: tie proceedings by
when the Will of the eIector. as expressed
bv the ballot. is male efectual N the re-
su.. Il irciu.ies che rigt- 20 deposit lis
ballot, the :igh: 20 have :, counted. the
returns respected. and the man elected tv
these aaIlo,s established i'll his office: and
Congress may safely and coEs-itEtionaliv
!e.i.la.e :, SECURE al! these steps IN the pro-
cess which. ID cur American language. Is
called voting Bu. when Kellogg, bill was
TieG ne had .Iot been deprived OF his Uth:e.
Ih" act oi Congress passed 20 execute :hls
constitutional provision. provides IN The
substance Il .Uote from memory. "lh;c
when ar. person has been deprived oI an
tfce because :ae r.gh. to vote has been DE-
:let - any citizen On acccun: OF race.
color or previous condition 0: ser:itude. j"
may s'r;n: his .a.t il tie :edera. cs.1.. and
recover such CIIice.
SO ;TE-Sp:CTI0S.
When KeIio..'s hil! was lied. .he ease
for :et.er..: jurisdiction had no: arisen. h-!.
iogc mad 20. been deprived Of lis office.
because The term vi he cti.ce wEici: L.
claimed had not commenced. l: ulay Well
'.e toGb,td wne.he: tie bill lied bv kei.
! gg showed a case within the Jurisdiction
OF .he crN.t to. any purpose whatever. ia:
concediHg 'Aat !. did. the jurisdiction OF
.ha c0ur. was limited by the scope o. :he
bill! TIE cour: hal power. conceding the
jurisdiction. to preserve testimony as prayed
Tor by the bill. Tie power Of coars of
chanc.ry - perpe:ua.c testimony has long
existed and : well understood. Ii ! desire
~ sue 4 newspaper ,oc slander. and fear
.he provi!e;oIs OF that paper VII! destroy
The wh lie edition and deprive NE OF proof.
NAV ,ie a oil IN chancerv 10 Uerp, .uate
the testimony. rhis. L":ever. does no.
| draw 20 the court o! chancery The right 20
| try the .lar.!,c suit. It's power is fully ex.
! e.ciseI. Is Jurisdiction eXLaused. when i.
has obtained an,! !!xed IL perManen. form
| lie testimony which Le=l-e 20 ase il the
| action 10! .!aL."-.
\ su',s..luc.. bill was fed in ;he federal
| eour: by Antoine. Crcn these two bii.s 'ne
federal cou.t >"i.ei :ne State House. Ge.
| c,ared wtic: OF the rival boards was 'le
! legal one. issue! 4 .nanlainus 70 The officers
| ut the Two houses .: tie Legislature. :!esi 2
| mating What names should he called 70 or.
| ganize such houses. and en;Uining 're o.
! ganiza.iou Ut any other persons into a
| Legislature. In other words. on a bill 20
! pernetUa.e testimony 70 be used n 4 SUI.
| by Kellogg against McEnery 20 "!.tai,. the
! ctii.e .t GoveIn1T-a mere p:!ve.c sui: Ue.
| tween .wo ;rd.v:ti lals-tLe federal c0ui :
; seized the STATE Hous. an.. Organized ii
Legislature: thing j, had j.s- as much
! power - do as az al Ie IA :Le ".!...>:
| mountain o: Ieyico.
! Under shelter .: these rr1ce.di:ss. ell
forced by fedora! troops. Kellogg AT! i!s
! associates We're installed iHto .ince ana
! their Legislature was organized. NeEn.!y
! and his associates. ciain.iEg 20 ne elected.
! pretended 70 organize an administration
! and l. .is.aturc. Tne Ke!,ng. l. .g.. ature
! elected. Ray 70 ne Uli,ei States $ rate I"
fl! TIE sea. made vacant hy he resgua, ion
; OF Kellogg: III. NcEnerv Legislature
elected NcM!ll-n. Genera. Nt.- was 81.
| it3'.N tNsTt dS !.t-Sts dlts HI; ti .itlH
| ,l.is State. RI: and McMil.en i,o.h came.
! and both elaine. ::e sea: wLieh but ru-
F., cc;lid occuuy. Tais compelled the Senate
! - determine whether either OF :aeU.. ard
+; w:... was emitted. 20 me seat.
| :yE CASE ~ WAsUiE1.:S.
! Tie Committee g.; tie S-La.. ievo.e.;
| weeks 70 Ii. invest cation .t This sU' ]. e.
! One portion ci ro;l. people has. sent i;av
! as United States Senator. and. 0: coarse.
| :ndrrse.i !nI ~ i. 10Y that place. another
(: y. ..tion had Sci: M:Nili.n viii. .he same
] u uare .ul ..si u