New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-03

conqlomerste of returns, legal decisions,
paraliel cases, oprecedents and orders OF
! 6edaxnl ia npgs sthoe xnona0f UD9insfy reason
are almost diverted from contemplation OF
the one great, important fsct-the fact par
ambunt to I'll others-whom did the people
of Louisiana elect Governor
Sir, l am sick Of returns; one set Is all
fraud, the other 10 all guess work. claim
nothing by returns; but BY the voice OF the
At the ballot box,..L mAiataina that the
Republican State ticket was elected. and
NO Senator here has, nor has the Senate IT
self. any evidence worthy of estimation to
the contrary ~ as az 900
Two men were voted for as Governor.
All the proof that John McEnery was elect
ed is shown TO have been an organized
fraud. If McEnery was not elected, his
opponent was, and repeat again that Con-
gress can not say to the contrary.
In the New Jersey case to which 1 have
alluded. and which will be found reported
in reports of-committees, first session
Twenry'si Congress, and in the eighth
volume OF the Congressional Globe, there
were five rival candidates on each sid
claiming seats in the House of Representa-
tives, and upon the admission Of one or the
other side depended the election of a Speak
or. There we're ll6 Dem 3crats and 1l6
i've Of the vote Of New Jersey, which was at
that time entitled to tive members in the
House. Both OF the contesting parties from
New Jersey bore certificates based upon re-
turns made according to the laws of New
Jersey. C0Dgress assembled on the second
Of December, 1889, and the question as to
the rights of the New Jersey mem ers was
not decided until the eighth day of July
following; and that question was not de-
a1dQ II MN q rofn Ia hr oil Of.
hcers, but commissioners were sent into
New Jersey who patiently examined the
voters themselves, and that examination
determined who was and who was not
elected. Returns went for nothing in the
case; 1t was decided by an examination of
the voters themselves. The inquiry went to
the fact as tOshOw ballots were cast, and
was not satisfied with returns.
Mr.. President. it is the principle of the
law of evidence, that the affirmative OF the
issue must be proved; and he who makes
an assertion IL the person who is expected
to support it before he calls ON his oppO-
fent Tor an answer"
I submit that the Senator from Wiscon-
sin has not supported the facts alleged IN
the preamble 0t his bill. Congress dare
not, with the evidence before it, Overturn
the government of sovereign State. The
right to interfere is not warranted by the
facts that alone can make that right. Will
you do any less for Louisiana than con-
people?
The Senator from Wisconsin has pictured
some dire events that might arise from the
failure OF congress to interfere in this mat
ter. Let me picture another dire event that
might have arisen. Suppose in the returns
OF the electoral votes for President in 1872,
l79 votes had been returned for General
Grant and l79 votes tor his opponent, be it
Greeley or Gratz Brown, and suppose then
that the presidential election had depended
upon the eight votes of Louisiana, would
you have admitted the presidential electors
by the returns sent here by the Fusion
b0ardl Would you have ordered a new
election9 No, cir; but you would have held
this government by the point of the bayonet
until yOu ascertained how every man in
that State voted, and / claim that you shall
do Louisiana the same justice here that you
would have done the national government
in ascertaining what was the choice of its
people. You would not have permitted for
one moment determination upon returns
so loaded with fraud a. have illustrated
here, but the whole power Of your govern
ment would have been exerted to maintain
itself until You could know what was the
wish Of the people Of Louisiana; and ask
you to do the same for US.
Mr.. President, the conclusions to which
my mind is drawn by consideration OF the
facts before the Senate are a. follows:
The bill of the Senator from Wisconsin is
predicated upon the assumption that there
is no valid executive in L ,uislana. and her
laws do not permit one to be chosen until
1876; that there is no valid Legislature, but
an invalid one now enacting laws.
But the Legislature ia no longer enacting
laws, and the laws of Louisiana will compel
the election OF q new one quite as soon as
we could provide one.
We have NO shadow of excuse, therefore,
for interfering with morelthan the execu-
tive.
We have NO shadow of excuse for order
ing new election for the executive, merely
because the wrong man is holding.
1t we have power to dispossess the wrong
man, we have power to possess the right
one. 'H
Before we can order q new election we
must find, not merely that Kellogg was not
elecled, but that NO one was elected in
1872.
We know that an election was held on the
day appointed by law.
We know that but two candidates were
voted for. We are morally certain that
one or the other had the greatest number Of
votes. ac~ .zsss..
Legislature, we must presume they will
have one in November next.
Andwe morally know that Kellogg or
McEuery was elected, and if we have any
duty in the premises, it is the duty Of find
ing which was elected.
The question has not been tried as yet.
The Committee on Privileges end Elections
tried the question whether McMillen or
Ray was Senator. Another question was
referred to the committee, but it was not
investigated. Such testimony was taken
as McMillen offered upon one side, and Ray
upon the other.
The bill now sought to be referred to the
committee is neither warranted by the facts
nor applicable to the Political condition of
affairs in Louisiana.
The opponents Of the present administra-
from Wisconsin,. are not insisting upon what
they should claim as their rights, if they
have any rights at all. Baked in the
scheme whereby they sought to
capture the control of q State, they implore
Congress now to afford them another OPP
Sir, If they believe that they are in the
majority in Louisiana they know they will
have an opportunity ere long to prove it.
If they believe that McEnery was elected
they should demand, and be satisfied with
nothing less, than that he should be pos
sessed of the executive chair
= am convinced that Mr.. Kellogg was elect
ed, and my efforts shall be continued to
maintain him where he is. Did / think
otherwise would not hesitate moment to
bring forward measures looking to the
installment of the rightful Governor; but
new election ordered by Congress is no
remedy for the evils which are complained
of by those who favor it.
Now, Mr.: President, will pass from the
politics Of Louisiana and refer somewhat to
her material and social interests. 1t has
been the common charge rung throughout