The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-02-21
THE LOUISIANA QUESTION:;
CARPENTERS BILL.

WASHINGTON, February, 20-The bill
reported by Mir. Carpenter, from the spec
ial Committee Of Louisiana, the latter de-
clares the election in that State held OF
the 4th ol November last to be null AM
void and reinstStes In Office the Stat
officers and Legislature who held posi-
ton at that time. It further requires
new election to be held for State of1cer
and members Of Legislature on the 2nC
Tuesday Of next May, and directs VIM
B. Woods, United States Circuit JudgC
for Louisiana, to proceed to Louisiana ant
appoint two citizens Of different polltici
to be State registrars, who shal
cause o new registration to be made
Of oil legally qualified voter
Of the State commencing March
18Th, and ending ten days prior
to the date Of the election; the State reg.
istrars TO appoint two supervisorsof regis
traiiOn for each parish except Jefferson
and Orleans, Tor which greater number
are TO be appointed, and in each parish
the registrars are to be divided In politics
The President Is empowered to employ
the military forces on application Of the
Governor Of the State or United States
Circuit Judge to carry out the provisions
of this act and enforce judiCiSl process.
100000 is appropriated to defray the ex.
penses Of the registration and election.
MINORITY REPORT.
Senator MOrton's minority report on
Louisiana affairs condemns Judge Dur
rell's order as usurpation OF authority,
but regards the decision Of the Supreme
Court Of Louisiana affirming the legality
OF the Lynch Board and recognizing the
Kellogg Legislature as authoritative for
the settlement Of the dispute. He re.
CARDS the attempted organization Of
new Legislature as very irregular
and without the semqlAnce OF authority,
and says the Government Of the United
States cannot go behind the action of the
election and qualification of Its members,
or behind the decision Of the Returning
Board, constitutionally created by the
State law, as TO who is elected State Off.
GERS and members oil the Legislature.
The report depreCaLes interference by
the General Government, except for the
gravest reasons. Local 'self:gOvernment
must be preserved, and the States should
be left to work out their own relief and
reformation, US long as there Is any
hope. II declares that there is gov.
ernment in Louisiana iu all outward
aspects, legal and normal, and there is
nothing otherwise In the condition Of that
State to warrant interference. The con-
duct OF Judge Durrell Is reviewed and
severely censured, but il is claimed that
that does not affect the actual status OF
the parties and the legal rights Of the
Kellogg government, which has been re-
turned by the Lynch Returning Board,
the latter having been declared legal by
the Supreme Court of tho State OF Lou
isiana. A title which the highest legal
tribunal has declared to be good, is not
impaired by unlawful interference, even
by violence, in its support. The Kellogg
government is q fact and its legality is
sustained by a judicial tribunA! ol the
State, and it is in active operation in all
its departments without actual resistance
anywhere No enemy to It's government
exists, except on paper, and all those
claiming office under 1t have never been
returned as elected by any person having
authority under tue laws of Louisiana.
MAJORITY REPORT.
The majority report contends that the
validity OF the Kellogg government was
not established by the decision Of the Su.
preme Court Of Louisiana. The only ques.
lion to be settled was whether Morgan
Kenard was entitled to hold the Office OF
Associate Justice of the Supreme Court In
place Of Howe, resigned. Neither War.
moth nor Pinchback was party to the
cause, nor was any member OF the Legis-
lature, and the claim that either question
was settled by the decisiOnis is too prepos.
ferrous for refltation. The utmost that
can be claimed for the decision IS that the
Court recognized the Kellogg government
as the government dc tactO, which may be
conceded, however, that 1t was establish
ed, The question we are considering Is not
judicial one, and q judicial Court can
not determine 1t. But 1t Is political in its
character, and so far as the United States
has TO do with it must be determined by
the political department Of the govern
ment. The majority thereupon report
that there Is no State government at pres.
ent existing in Louisiana, and that neither
Ray nor McMullen is entitled to q seat in
the United States Senate. Tho report Is
signed by Carpenter, Logan, Anthony and
AlCOrn.
Mr. Trumbulrs report SAYS that but for
unwarranted and illegal interference the
McEuery government and Legislature
would have been peacefully inaugurated,
and that there has been no decision Of the
Supreme Court declaring the Kellogg
State government and Legislature legal
in any case over which said court had
Jurisdiction to make such decision. Mr..
Trumbull cannot believe that because o
U. 8. Judge, supported by U. s. troops,
caused Il Governor and Legislature not
elected by the people to be installed IN
power that such usurpatlon authorized
Congress TO intervene and order new ell
ection in the State where there is In eX-
istenco Governor or other State officers
and Legislature DULY elected by the peo'
pie, all that's Is necessary In such case is
for the Senate 10 recognize the legitimate
Legislature by admitting to his seat in
the Senate, the person they have chosen
10 represent the State and for the use OF
the United States troops to carry into ei-
feet the void order Of an usurping Judge.
The whole trouble In Louisiana hasgrown
out Of illegal interference Of the United
States authorities, civil and military, with
the internal affairs Of the State. Mr..
Trumbull contends that the fusion ticket
was elected according 10 the official re-
turns BY 10000 majority, and that large
majority chosen mem bers Of the Leg
islature were Of that very same
party, aud says the history Of the world
does not furnish more palpable instance
OF usurpation than that by which Pinch
back was made governor and the persons
returned by the Lynch Board, the Legis.