New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-12-21
~ WHAT n A RTATE7n

l s>~S~~
tanned them at the ballot box. So VI
are all right in respect to statehood, al
based upon the undisputed axiom Of the
noble poet
But the Picuyune does not seem to &C
cept this definition, and insists upon sub
shutting its own diction. 1t character.
ICES Senator Morton's maintenance of the
State government existing in Louisiana,
as "a most INSCRIPTIONS and transparent
sophistry." 1t then proceeds, by logical
approach and decentralization, to demol-
ish the position of the Senator. l. "By
State is clearly meant the de jure repre-
sentatives of the people. 2. "a usurp-
ing government is certainly not the
State" Suppose Senator Morton should
grant both these positions2 What then2
The question remains who are the de jare
representatives Of the Slater The argu-
ment goes on: at suffices for him [Sen-
ator Mortonl that it has been recognized
by the President and the State govern
ment" And it is assumed ''But these
authorities are not charged with the de-
cision Of the question"
1t is not usually the custom of courts to
allow party in the pleadings to dismiss
the plea of his contestant by acknowledge
ing for him, on the record, that he has no
ground of action, but such apparently are
the rules taken in the Picayure office.
For, having assumed, as if admitted by Sen
atcr Morton, that neither ''the President"
| nor Estate government" are charged with
deciding the legality of the State govern
ment, the inference remains that the
representative department Of the federal
government has such right. But skipping
off from the conclusions of its own argyll
-ment, the P;cdyune assumes and asserts
that the government of Louisiana is a
'usurpation." Then resuming its reason
ing, says: "a usurping government is
necessarily de facto," and demands land
will it be said that a usurping government
is Republican government entitled to 1
representation in Congress2" And con-
cludes with the conclusive and triumphant
inquiry:
Ia there State, in the constitutional and /
political sense, that would be represented |
by the admission of Pihchbacka
Having thus "whipsawed" the afgu-
ment of Senator Morton, by assigning him
a position he never occupied, and de-
ducing consequences which would have /
rendered his argument unnecessary, the
logician of the Picayune brings the grand !
question, "What is a State2" down to the
admission of Pinchback."
With all our respect for our Senator
elect, we submit that this is partisan and
solution Of the great question.
Indeed, the Picayune and Jones differ !
irreconc ileably. Jones thought the people
made the State; his antagonist thinks
they are manufactured by an outside and
limited legislature. This question was
one most discussed. Messrs. Douglas and
A. Fl. Stephens were Of opinion that tas
people inhabiting O territorial aSea had
The right to determine thein own state
hood and its institutions. Mr.. Thad.
Stevens and others were Of opinion that !,
Congress had the exclusive power b limit .
his sovereignty Of the "squatser," and ?
nhibis any fundamental lay which Con-
yress should determine to be inconsistent 7 ,
With che federal constitution. This ques- 7
ion divided the Democratic party, and it ,
las never yes been adjusted between tie 4
epsrated sections. u was always, how
ver, claimed BY the party Of popular i
overeignty and of State rights that The t
,eople of the States were the sSue Judges ,
# the legality Of eheis own government a
Here, howeves, we have an argument 10
how thae Senator Morton, Who con- c
ends fos the Gght Of tho courts i
nd Legislature of a State 10 determine I
is status is wholly wrong, and chat it is '
he night Of the co-Staees, an senatorial I
ouncll assembled. to determine for Sis q
er State what constitutes State govern !
nent. This would be odd logic fos t
ournal protesting the ancient and honor i
BILE doctrine of State fights. Calhoun I u
r Hunter would never have consented / q
hat the legality of the State governments e
hould have been determined BY resolu- s
ion of the federal legislature. The ssrc- | s
ity of statehood was the last ditch CT s
enuine State rights Democracy, cad in t.
hat ditch will that nearly extinct variety v
f Democrat be buried. Weobject 70 the o
oncession of newspaper that ostr State ],
overnment is 'usurpation.' We ex- =
ept to any FEDERAL action based on such | !
omission Oh such authority. Lee snr ! n
eaders see for themselves the extent of
enatorial power over State governments: o
The time, place and msnner of holding 81
|ections for Senator's and Representatives
hall be prescribed in each State by the y
e legislature thereof but Congress may, at a
nv time. by law, make or alter such Gegu- f
.tions, except as to the places of choosing :,
enatOrs.
Each house shall be the judge of theelec-
ons, returns and qualifications of it's own I
lembers. n
We will not discuss before the forum of c.
le federal legislature the legality of the v
tate Legislature which prescribed the | "
,nduct of our elections. For We contend a
lat the Senate has no right of itself to f,
lvestigate this question. Ithas the right Il
, Judge of the "election" Of its own o.
embers. This right embraces the COM p
lance of the member elected with the II