New national era. [volume] (Washington, D.C.) 1870-1874, 1874-02-05
The Louisiana Case.

The Louisiana case, involving, as it does,
the legal status of the existing State govern
ment, has foi some time been before the
United States Senate in the only way con-
templated by the Constitution of the United
States, to wit: the recognition of the said
government by the admission to a seat in
said body Of the Senator elect from Louis
ana, Hon. p. Ii. S. Pinchback.
In the judgment of the best legal minds of
the Senate, the decision of the case of Scna-
tor Pinchback would solve the political
question involved in the Louisiana case, in
that it would be a constitutional recognition
on the part of the Federal Government of
Of that State.
This is the view held especially by the
great Republican champion, Senator Morton.
In accordance with this theory of the case,
Senator Morton, some time since, submitted
a resolution to seat Mr.. Pnchback on the
prima Jacie case and to permit his opponent,
General McNlillen, elected by the so called
fusion Legislature, to contest; and suggest
ing that any question Of qualification relative
to Mr.. Pinchback could be considered after
wards.
Somewhat to our surprise, and we think
inconsistent with his first motion, Senator
Morton moves to rccommit the case to the
Committee on Privileges and Elections for
the purpose of inquiring into certain injurious
allegations relative to the manner of the
election of Governor Pinchback.
We suppose the Senator from Indiana is
influenced by pure motives and what he
deems sufficient considerations for this change
of programme; but, in our judgment, the
course suggested is not only inconsistent
with the position of the honorable Senator
first assumed, but is calculated to delay and
embarass a'speedy and satisfactory solution
of the questions at issue.
We, as journalist, are the more pronounced
in expressing our views upon this veXed
question in this connection, because we know
that Governor Pinchback courts investiga-
ton, and his prima fdcie recognition as a
Senator, so far from delaying or preventing
inquiry into the matters alleged, would have
greatly facilitated the same.
A further complication springs out of the
singularly illogical position announced on
the floor Of The Senate Monday last by Sena-
tor Frelinghuysen.
He favors non-interventIon and non action
by the Senate in the Louisiana case. He
alleges that the use by the President of
Governor kellogg as an agent or medium to
preserve order and tranquility, is not only
authorized by the Constitution and laws of
the United States, but exhausts the oblisa.
tons of the National Government, embraced
in the constitutional provision, that requires
said Government to guarantee to each State
a republican form of government"
This action of the Executive establishes
from the Senator's standpoint Governor
kellogg as the de .tacto Governor of Louis
lana, but does not give legal status to the
legislation of that State or make it incunl-
bent ON the Senate to recognize sail Legis-
lature by the admission of the Senator elect,
Governor Pinchback.
The corrective for existing evils and irrcg-
ularities in the State is to be found by the
election in November, as provided in the
State laws of new Legislature who will be
competent to elect a new Senator who will
be entitled to his seat. In other words, the
Senator assumes the remarkable
position that legislature so void Of legality
n to render it incompetent to elect a United
States Senator is authorized t, pass laws levy
ing taxes upon the people, and affecting their !
and that it can proceed, though |
without legal authority TO create new Legis-
Iature, which shall be legal, purity can come
out Of impurity, the stream can rise higher
than the fountain, a body Illegal can create
! legal body.
But for the earnestness with which this