American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-02-22
LOUISIANA.

The Sltuatlon-The Prospect Of Suee esi
for the MeEnery Covernnent-No Com
promise with the Kellogg Faetlon-l
Vigorous Course to be PurSued-A Pro
position-The MeEnery Government yir
tuaiIy Recognized BY Congress-Th'
Dlmeulty Settled.
From the New Orleans Picayune, 18th
The authentic decision by the
committee of the United States
Senate that the Lynch Board OF
Canvassers had no power or right
to make the returns they did make
of the election of the fourth Of
November last, leaves the Kellogg
Government of this State without a
shred of authority or right, and
fixes upon it the character of a
fragrant usurpation. Even if the
order in chancery of Judge Durell.
Oh the ObitMr dictum of our Supreme
Court, could legalize such All usur
patton, the scope of these orders
does not embrace the political re
cOgnitiOn of this government. They
merely decide the technical judicial
question of the legal authority OF
the Board that Lynch 4 Co. were
the legal Board. Admit this for
the sake of argument; it is shown,
to the satisfaction of a committee of
the United States Senate, composed
exclusively of Republicans, that
this legal Lynch Board made a
grossly illegal aud fraudulent can
vass or count of the votes gwen in
that election. That is the fact
which must override all technical
and legal exceptions in the decision
of political questions aud Of the
popular voice. 1t is not competent
in the judiciary to set aside the
popular will in political questions.
The people are supreme-thej judges
are merely the servants to enforce
and protect the rights of the people.
1t follows from these premises that
Kellogg and his whole government,
and all who hold under him, are
Observation-Disclosures against the
people of Louisiana. They are sub
ject to Indictment and ought to be
prosecuted. The recognition of
Pinchback by Grant does not better
their condition. The Presidents
recognition was a mere Difference to
a United States Court. It was an
executive act-and was not based
on any political judgment, or even
any opinion on the political question
involved. President Grant merely
said: "Here is a question of
two parties claiming the govern
ment of Louisiana. 1 have not the
means to determine which is the
legal Government, nor would it be
proper for me to undertake to decide
such question. But one of these
governments is recognized by an
order of the United States Court,
and must act under that decision
until the Congress, the final arbiter
in all such matters, shall determine
otherwise This is General Grants
position, one which can he easily
recOnciled with a prompt acquies-
cence in the decision OF Congress.
That decision is pretty plainly indi
Gated in the report of the Senate
committee. The adoption of that
report, of which there is little doubt,
will strike with absolute invalidity
the whole government and all its
acts, which was brought into exist
ence by the false and fraudulent
action of the Lynch Board. We,
therefore, fully approve and applaud
the manly and vigorous course in
by Governor McEnery in
hi, message of yesterday to the
Peoples Legislature. and trust that
the Legislature will cordially and
energetically cooperate therein.