The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1874-05-08
The Louisiana Imbroglto.
EXTRACT FROM HON. +. T.. FRELING-
HUYsEEzs SPEECH IN THE UNITED
STATES SENATE.

dUTSEES SPEECH IN THE UNITED
STATES SENATE.
And the singularity further about my
friends plan ia that he would turn KEEL
logg out, although he represents the
| wish and intention of the people, be-
cause he has not a majority of the votes,
| but would not turn McEnery in, who
has 10000 majority, 80 that it seems
this 10000 majority is good as against
Kellogg, but worthless in favor of Nc
Emery.
But, Mr.. President, passing by the
question as to the constitutional power
of Congress to do more than to preserve
order and secure a republican form OF
government, passing by the question of
Warmoth, McEnery and Kellogg, let US
see whether O cas- is made In which we
should order a new election.
The first thing to be established is
that no one was elected Governor, for if
any one was, our duty, if we interfere
in any way, clearly is to install the per-
son so elected. On the fourth of
November, 1872, an election took place.
1t had all the forms of an election,
registration, polls, poll-lists, ballots: re-
turns, registers, supervisors. etc. There
we're but two candidates, McEnery and
Kellogg. One of those two men in fact
had q majority of the legal votes cast
unless there was q tie, and then we have
nothing to do with the case, as the con-
stitution of Louisiana provides that in
that event the Legislature elects. One
of the two must have had a majority of
the legal votes; SO the case can not ex-
list for a new election based on the fact
that no n was elected. If we are to
interfere, it must be to find out who was
elected Governor and to place him in
office.
To ascertain who by a majority of le-
gal votes is entitled to an office, | had
supposed was O matter Over which the
State courts had no jurisdiction. II
for any reasons the State courts have
not Jurisdiction, or if so corrupt that
they cannot be trusted, then if we are
to interfere we must address ourselves
to the question, Who was elected? 1t
cannot be advocated that, where it is a
mathematical certainty that one of two
candidates was elected, Congress shall
order a new election, and thus set a
premium on fraud. But we must find
out who was elected.
The question as to who was elected
Governor does not seem to have attrac-
ted the attention of the Committee on
FFlFllegeS anu EA0CCiono' AA0AO "OAo
two things referred to that committee !:
first. whether there was any govern
ment in Louisiana, and second, whether
the Legislature which elected McMll-
len, or that which elected Ray, was the
true Legislature !; anu the attention OF
the committee was directed to finding
out which was the true board of can
yassers, SO as to determine which was
the true Legislature, and thus to decide
whether McMillen or Ray was priBtG
fucie entitled to the seat in the Senate
which expired on the fourth of March
last, and there is but little evidence as
to who was elected Governor. / ap
sorry there is not moreI but the bur-
den of proof is with those who seek the
removal of one who has for two years
acted as and claimed to be Governor:
| submit that the moral evidence that
McEnery had not a majority OF the le-
gal votes cast, and that consequently
Kellogg had, is, to my, mind, lrresis-
tible. Warmoth had the purpose, the
to carry the election by. fraud.
This is apparent and is conceded 1t Is
notorious that he, elected a Republican,
was to give the State to the Democracy,
and as a return was to grace h United
States Senate. His Legislature, | un-
lICISldlIuv dOUcLlpICu W SlSSt AAAAS boU ]
this project was Abandoned because it
vas thought it would interfere with the
recognition of the State government by
the general government. He appointed
man named Blanchard to be register.
That man has made an affidavit. If the
affidavit be true his character is such
no u can approve; ii 1t be un-
true, comment is unnecessary. Blan-
ehard appointed the supervisors in each
or county, and the supervisor in
each parish appointed three commits
,ioners. To these were added three
ree -hOlders, who, with the commission
BIS, assisted the supervisors of the
in counting the votes OF the pre-
And we see at a glance that
could cheat Kellogg, but that
Kellogg could not cheat Warmoth OF
McEnery. One could cheat. The Or
ganization of the election throughout
;he whole State originated with aud
vas controlled by Warmoth. 1t is not
denied that WarmOth meant fraud, and
hat he had the power to effect it.
There was n circumstance which
afforded great facility in carrying out
his fraud. Almost every Republican
hat came to the polls, to be registered
lad a mark on him which said, 81 be-
OllE IL DB1G 16LpuOA1lCkA1 Rft W . AC= q |
/ colored man. There were some white
Republicans, but they were not SO nu-
nervous that they we're not known, so
hat it was an easy thing to make it
lificult to get registration, or to secure
he requisite Identification between the
7Oter and his registration papers.
It appears, then, that the McEnery
,arty had the purpose to cheat, and had
he organized machinery to effect their
md. It looks as if, after all, the Repub-
lean majority was too great for them.
Earmoth knew that it was of the first
Importance that he should satisfy the
that McEnery had a majority,
ind how easily he could have done so.
of m~aneuvreing to get a facile
BOARD of canVassers, instead of Tesorting
% "a legislative bill, which he, as Gov
,rnor. had carried for six months in his
and signing it so as to create
member of the canvasslng board that
Iuited him, all he need to have done
vas to call in twenty honest men in the
state of Louisiana, Republicans and
take them to the State
House and there say, Here are the re-
urns; add them up in the presence of
shese interested parties" 1t was only q
natter of addition. They have publicly
them mp, showed the result, and
{ any one standing by said "those re-
;urns are false,0 all he need have done
d to send to the supervisors of the
parish whom lie had appointed, and re-
luest him to bring the ballot-box, and
There are the ballots; tho returns
not false; y and if any one charged
hat the ballot-box had been stuffed, or
hat there had been votes distracted, all
le need have done was to send for the
,oll lists and say, "There are the noll
iats they Correspond with the ballots y