New national era. [volume] (Washington, D.C.) 1870-1874, 1873-02-13

1--WE have no doubt Of the fact. He was
elected President of the Senate in December
1871, after the death II Lieutenant Governor
Dunn. As such he became Lieutenant Gov.
ernor during the unexplred term of Oscar J.
Dunn. Section 1869 Of the Digest Of the
Statutes Of this State provides that in cas-
of vacancy in the Office Of Governor. the
Lieutenant Governor shall be Governor. In
case of vacancy in the Office of Lieutenant
Governor. the Senate shall elect n President,
Eho shall be Lieutenant GorrHor'
THE law does not say during Ais Senatorial
term, but that be shall be Lieutenant Gov
ernor.' If the Governor had died or resigned
the day after the Lieutenant Governor would
have become Governor.
Can it be pretended that, under those
circumstances, the Office Of Governor would
have become vacant by the expiration of the
term for which T.. b. ;. Pinchback had been
elected a Senator: We think not. He was
Lieutenant Governor when Governor War
moth was impeached BY the House of Repre-
sentatives. During his impeachment the
Governor was suspended, and the powers
and duties Of the Office deyolved upon the
Lieutenant Governor Constitution of Lou
isiana, article 53.)
WAS tn: Senate which confirmed r. III.
Morgan the Senate Of the State Of Lou
isiana:
1T was composed Of persons returned as
elected to tho Senate OF the state by the re.
turning officers recognized by this court to be
The legal returning officers ut the late cleo
ton. Constitution, article 46.)
Though We have not the power to decide
who are the members Of the General As
sembly. yet We, as judges, are bound to
know what assembly Of men constitute the
State Legislature, for we are bound to know
what are the laws Of this State. in order to
adjudicate upon the rights Of litisants under
the law. We are OF opinion, therefore, that
7. II. Morgan was duly appointed and con-
iirned associate justice of the Supreme
Court, vice w. w. Howe, resigned"
1t must be clear from the foregoing ex.
tracts that the Legislature of Louisiana,
composed Of persons returned as elected GU
November 4. 1872, by the Lynch, Heron,
or Kellogg Returning Board, is the constitu-
tional and legal General Assembly of Louis
lana. The department Of the State govern
ment to which is conflded the determination
OF such questions in the last resort has so
declared. Tho Congress of the United
states has no power to go behind or nulify
the decisions of State Supreme Court upon
questions Of State law. That is the settled
jurisprudence of the Supreme Court of the
United States and no well-informed LAWYER
will contradictt it. The McEnery Legislature
does not deny the power of the State Su-
preme Court. The delegation of citizens of
!. louisiana, now in Washington, PRAYING for
the interference of Congress, does not DENY
that the decisions Of the Supreme Court Of
Louisiana are binding and conclusive. No
one questions 1t. How, then, can Mr.. Nor
TONS committee undertake to investigate and
change the results of the late election in that |
State, so far as regards the validity Of the |
action OF the Returning Board of Electors re-
cognized by the Supreme Court of Louisiana !
rs tho lawful Returning Board?