New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-06
MR.. CARPENTERS SPEECH.

) hear testimony, weigh argument, and de
eide according to the principles involved
: The politician and the attorney are
charged with the promotion Of party or Of
h.. | private interest. They. therefore, stop at
no means to secure success to the cause OF
s to the client foy which eithe. has been
retained.
> The speech of Senator Carpenter on the
new election for Louisiana presents the
). specious argument OF !: political attorney.
| It contradicts the very predicate It as
sumes. and there is scarcea position taken
in one part Of the argumen: that's not
| conceded TO be wrong in another.
+ The Senator atfirms tina: Congress has
power to order an election Of State Off
7 GERS and Representatives in the State Of
Louisiana upon the state G: facts as
! proven before the Senate Of the United
States.
I TO prove this proposition he resorts 10
the constitution and quotes the obligation
Of the United States to guarantee q gov.
eminent republican in form. We have
heretofore cited the best authority 70 show
that the constitution contemplated the
exclusion of any other than a republican
form Of government from the Union, and
nothing more. elf anyof the States were
| to be at libertri TO adopt any other than
| republican FORM says Judge Story. sit
would necessarily endapges and nigh.
destroy the Union"
|. Mr.. Carpenter gives such al in.erpre.
tation to this clause Of the constitution as
will make his argument applicable. He
says:
The constitution provides each State shall
have a republican form of government, and
one of the first requisites of a republican
form Of government is that the offices shall |
be filled by persons elected by the people.
This is an attorneys plea. The first |
requisite of republican form Of govern.
ment is that its Offices shall be filled by |
persons elected by the people" That's, }
that in a representative government the
people shall be represented The ques-
ton recurs: Who shall decide whether the
represen tative persons have been elected
by the peopleS We deny that it is the
province of the government Of the United
States to review the election Of State,
and determine whether tia representa-.
tives have been elected by the people.
1t is. and always has been, the province Of
the State to determine the legality Of its
own elections If State, instead Of
electing representatives. should create 4
monarchy, OF any other than govern.
ment republican in form, the government
Of the United States, on being called OF,
could intervene and put down that govern.
ment which was monaychical in its form.
and guarantee the State q government re.
publican in form. Even the fact Of non. !
election of Representatives. may be cured
by State legislation without the ;n:e:yea-
ton Of Congress. |.
II nor.election results in domestic
Violence" then upon the demand Of the
State authorities the United States may
intervene. but in no other case. unless as
by Mr.. Trelinghuysen. when
the execution Of the federal laws shall be 8
resisted. In such case the marshal of the !
federal district within which such resist. q
ance may occur would return the same to !
he court. and the posse comitatu; OF the Q
district would be reinforced. it necessary. t
by military force. &c
1t is upon an assumption o! the same j
character. namely. that Durel! and the c
lynch board have committed frauds. the o
lssertion IS based that 1.-THE people Of Lou. /
siana have been cheated out Of the right "
O elect their own officers Now. how c
omes Mr.. Carpenter. a citizen and repre- h
entative Of the State of Wisconsin. 70 "
now whether these frauds have been g
ommitted or the people Of Louisiana e;
heated? How. except by q violation Of a
hat right of self government, guaranteed b
y the constitution, may he not as well II
t the close of presidential election, Sc
'hich may result against his wishes, set CT
side the result of any election in any State W
4 which he may choose to say the cleo al
ons were carried by fraud. and the psople al
heated? re
He proceeds to argue the right Of Con.
ress to interpose in cases Of domestic tr
aud by assuming 81 absurd case, and ia
SKIS: III
Suppose the people of Connecticut de- "
AIRED they would have a massacre because &C
red of republican form of government, -
nd that the government and Legislature ~
lOuld remain in office for life, would Con- be
,ess then have power to interteres h
Connecticut has the same right "to have Oh
massacre that Louisiana has, but in no co
.se Of domestic violence" could the fir,
overnment of the United States, for the fe;
olation of State laws enter the State. tst
:cept upon the application of the State tic
.cutive o. Legislature. The extreme "
sc assumed proves nothing. IN .he ! i'm
me- intrusive spirit this gentleman from pc
isconsin charged that ..the Supreme fac
ou.t' o: louisiana "was in conspiracy pa
.th Kellogg" the executive. The State wa
sgislature was in the same conspiracy. as
e'. is conspiracy charged against all tn
". departments Of State government. no
!! upon this charge is based the claims Sc!
fedora! Intervention. Expressly deny tx
& '.e nigh: O: any %: payts opinion br
'o;. &c domestic affairs Of State, we | of
So' !ea.ta:c % say that it such al re,
sur. assumption were true. no RIGHT Of ac;