National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-20
nended the Adoption Of ths following reso.

Legislature of the State Of Louisiana
With the report bill was submitted for
a new election. A long debate ensued upon
this bill known as Mr.. Carpenters and
finally Congress adjourned without taking
any action. At the present session Mr..
Carpenter called the bill up again, and 1t Is
now being debated by the Senate as in
Committee of the Whole. Messrs. Car
penter, Morton, Frelinghuysen. Hamilton,
West and Upton have delivered elaborate
arguments for and against the bill, and
there are other Senators who desire to
speak upon it Mr.. Bogy, Of Missouri, has
the floor for to-day. It Is probable that
Senators Baysrd, Stevenson. Ferry, Of Con-
necticut, and others will follow, and that
Mr.. Carpenter will close the debate.
A substitute for Mr.. Carpenters bill has
been presented by Mr.. Bayard. of Della
ware, which recognizes John McEnery. as
the lawfully elected Governor, and requests
the President to withdraw his support from
the Kellogg government with q view 70
enable Mr.. McEnery and his associates to
take possession of the Offices to which they
claim to have been elected, and to take
possession of them by force If necessary.
In other words, to leave the supporters OF
Mr.. McEnery free from the military inter-
ference of the General Government, and to
bring about such condition of things as
exists to-day in the State of Arkansas.
So far as we know there are no other
Aha fhoF
above named. The debate closed. 1t is be-
lieved that motion will be made to table
both the bill and the substitute, and that
this motion will be sustained, and thus
finally determine the question.
The argument for new election may be
thus briefly stated:
1. That when the people of State have
been defrauded Of the result of an election,
and all the State officers and the Legislature
are usurpers, the proper remedy is to give
the people another opportunity to elect their
officers.
2. That the decision Of both Houses Of
Congress rejecting the vote Of the electors
of Louisiana, and denying that State any
voice whatever in the election of President
and Vice. President is an adjudication by
Congress that no result was accomplished
by the election of November 4. 1879.
8. That the people of the State of Loui-
siana have been defrauded of the result of
the election held there on November 4,
1872, and that Mr.. Kellogg and his col
leagues, and the Legislature with which he
acts, are usurpers. That neither Kellogg
nor McEiery were lawfully elected, frauds
on both sides vitiating the whole proceed
ing. L.. - ....-
4. That the Federal Constitution (section
l. Article ~ authorizes the Federal Gov
eminent to determine what form of govern
eminent In State of the Union is republi-
can, and to pass all laws necessary in guar
anteeing such q form Of government to each
State. 1t not only authorizes this to be
done, but it commands that it "shall" be
DONE The language is mandatory and i'm
perative, and gives no discretionary power.
Mr.. Carpenter argues that not only the
mere form of q republican government but
that the reality is thus guaranteed, for
otherwise government in form republican
might be used to continue despotism. In
his speech of March 4. 1874, Congressional
Record, page 81 he said:
''The words Of the Constitution must be
construed; and the same word is used in
different senses in the Constitution. The
constitutional phrase Is, the State shall
have a republican form of government
which, / claim, means republican kind
Of Government or republican govern
ment."
5. The last reason for q new election
urged by Mr. Carpenter was that Louisiana
was entitled to two Senators on the floor Of
the Senate-that one Of these seats is now
vacant Two persons are claiming this
vacant seat-Pinchback and McMillen-and
the Senate must decide which of them Is to
be admitted.
We now come to the arguments made
against Mr. Carpenters bill, and shall take
them from Senator Morton's speech made
in the Senate January 80 and February 2,
1874, and from the speeches Of Senators
Frelinghuysen and West made last week:
1. That the United States have no power
under the Constitution to order an election
in State, or interfere In matters purely Of
State concern. IS
2. That there Is In Louisiana at the
present time republican form of govern
ment.
8. That the government sought to be set
aside and overturned by Mr.. Carpenters
bill has been In existence and In full opera
ton for twelve months and upwards, and
has been recognized by the courts Of the
State, high and low, and every department
Of the State government.
4. That this State government has been
recognized by the President of the United
States as the lawful government and by
the House of Representatives.
s. That Mr.. Kellogg and his associates
were the choice Of majority Of the voters
Of Louisiana in November 4. 1872, and that
a majority of the people of that State desire
that his government shall not be set aside or
overturned; that peace prevails there, and
career Of reform has been entered upon by
Mr.. Kellogg's government which gives
promise of at least partial relief from the
heavy burdens laid upon the people Of the
State; that the acts Of the Louisiana Legis-
lature passed touching the reduction of the
State debt are satisfactory to all representa-
tive interests of the State, and no complaint
is heard from any quarter on that score.
8. That the proposition to set aside the
State government of Louisiana and to order
new election there would fiagrantly VIC
late the constitution of the State and bring
about q condition of anarchy, and, there ia
much reason to fear, would bring about q
civil war In the State.
z. That there Is under the laws of Louisi-
ana ample remedy for frauds committed in
elections, and the courts there should be
left to apply the remedies which these laws
prescribe.
8. That were Congress to order new
election in Louisiana 1t would establish q
precedent under which the government Of
every State would be at the mercy of Con.
gress, as controlled by the passions or ext
gency of political parties.
We understand that o majority Of tho
Senate are Of opinion that the weight Of the
L. n y