New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-23

e NJ. H. Carpenter, Of Wisconsin. He
y known throughout the United States as
:. lawyer Of unsurpassed fame, an accom-
o plished speaker and correct and vigo1
! Gus thinker. In a speech delivered betor
II his constituents at Milwaukee, he lay
s down the rules that regulate suffrage, a
p he understands them, and as the PLANES
: dictates Of common sense resent them t
!, every honest mind. His views on tina
: occasion will be found ap.ly applicable t,
e the case Of the Senator from Louisiana
e which will be brought up next month
r To establish the position that Congress
c had the constitutional power to pass ths
5 enforcement law, be cites just enough
r history relative to the constitutions
5 amendments to illustrate his subject:
The most important change wrought il
the federal government by these amend
ments, and the one most likely to encounter
State oppositlor-is, that while they are re-
stralnts upon State governments, they con
fer upon Congress the power Of legislating
10 secure the ends they propose. The old
constitution forbade the States to coin
money, enter into treaties, maintain armies.
impair the oDllgatlon of contracts. etc. vet
the constitution conferred upon Congress
no power to enforce these prohibitions The
last clause Of the legislative article en-
powers Congress to make all laws neces-
sary and proper 'for carrying into execu-
ton the power conferred by the
constitution upon "the government of
the United States. or any department
or office thereof" But il conferred
no power upon Congress in express
words. to leglslate for the execution of
those provisions of the constitution which
lad restraints upon the States. The theory
OF that day was that when the constitution
SAID mo State shall do so and so, that
was enough to secure the non action of the
State But unfortunately it was found
tnat mere constitutional provision was
| noO su1nclent to secure obedience and in
the three amendments under consideration
the power is expressly conferred upor Con
gress to ieglslate SO as to secure tie practi-
cal operation OF their respective provisions.
| 10 Illustrate, the fifteenth amendment de-
| clares 1.-The right of citizens of the United
States TO vote shall not be denied or
| abridged by the United States or by anv
State on account Of race, color, or previous
condition Of servitude"
Having thus established the right Of
Congress to protect che voter, be next
considers the logical meaning Of the right
to vote:
Now, the right to vote means more than
that the citizen shall be permitted 10 deposit
his vote in box; it meaus that the yo.e.
when SO cast, shall be counted. canyassed
and be effectual to secure the Office TO the
person voted for, II he has majority OF the
votes cast. Under this amendment. Con-
gress, to enforce its provisions. has enacted
tnat no person shall be deprived of an
once, State or national, on account of the
reJectiOn OF votes by the State authorities
IN violation OF this provision OF the constitu
tlon; and that be may obtain the Office by
me proper action in the courts of the United |
States.
In the late election there is no doubt -ba.
the State OF Louisiana was carried by at
least lo,oo0 majority for the Republican
ticket, and that Kellogg was elected Gov.
ernor oJ an equal ma )rlty. the votes OF
coIorea ciuzens We're refused. and when
they offered to swear their votes IN. they
were refused upon the ground that thew }
dld not understand the obligations of an
oath; "A remarkable assumption. consider
ing that they had heard nothing bu, oaths !
from their masters while in slavery. and !
nothing but oaths from their old masters
since they nave been free. Yhereuuon the /
cahVassers were about to declare the candi-
Gates elected which had received the high
est number OF votes, although the result
would be different had all votes been re-
relved which were properly offered; and
Kellogg filed his bill in the Circuit eourt of !
the United States for that district under
lhls act OF Congress to restrain the uncon.
canvass OF votes. and the court Z
III nearing the proofs. granted the !uiunc-
hon, and the Supreme Court of the United !
states. which was applied to for e .,roiiti-
Ion, declined to interfere.
In many cases, citizens o. louisiana
we're allowed to deposit sheiy votes in the
ballot box, upon the ground chat it would
'e easier to change them afterwara than
0 successfully deny them the right of 60
nG through the farce 81 voting. Asmanv
'ersons we've denied the privilege Of regis.
ration as 1t was thought prudent 90 freas
that manner. BY the Rejection q votes !,
nd voters by the State authorities, and
3 the changing Of votes tina. had been
asst for Republican candidates tor Fusion
allots, an undoubted majority % fifteen
twenty thousand for The Republicans :,
as whitfield down to some nine or fen
lousand against them. 1Lus j, will be
zen that all Che devices were resortei to
y which the voters might be cheated :.
ONE were refused he privilege Of xeeis- "
alton; others were sen: away FROM the :.
oils without voting while She yo.es Of !.
were act made ''efectua1 20 =;
cure the Office to the person voted fo,, y" -
Governor Kellogg, in his very able y
'eech before the colored convention.
ok the ground laid down some months
% by the REPUBLICAN, that the las. State
ectlon resulted in a positive conclusion
some kind. Either lIcEnery or Kel- :
gg was elected. Those who had been
lployed and aid by the people to con-
lct the canvass made VIGOROUSLY, con- y,
'sedly false returns. They moreover ..
led to send their reports to the board =,
returning officers, but, at the instica- -
IA Of the candidates of the Fusion party r.
d their friends, sent them out Of tie
ute, where they are now for aught We j.
ow. In the meantime the LEGAL return -
: officers proceeded with ehe canvass =
on such information as they were able |
obtain from the supervisors or oficia. -
theses appointed BY sbe authority G: -
ited States laws. az
io1
t is very evident shas sho a'.c.o.s q 20.
5 Stase cast their votes at .he las. .lec. 20
4. Senator Carpenter claims .hat they -
e the same right TO have thee. counted -,
made efectuai for the persons .oted trv
as they had to cast them Governor civ