The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-03

actually overturn legal state government
the condition OF things in that State and earnestly
hoped the people would take warning and insist
or lairer elections, he thought 1t better that they
SHOULD bear the evils they nave than invoke the
national government TO the exercise OF power
under winch state governments would exist here
alter only by sulerance. The condition oi analrs IN
Louisiana IN 1872 was fearful state OF actual war
was far less destructive to the people than condi
ear ro. ana a peep drenced with bood hy
the murderers hand. The coIored people regard
the leaders OF the democratic party there as their
natural enemies and shrink from them with ter
ror. These murderers, 50 stepped In blood, dis
turbed the peace OF Louisiana under the pretext OF
supporting the McEnery government. The MOdOcs
VINO murdered General Candy and DR.. Thomas
made no claims to civilization. AS compared with
The murderers OF Louisiana, the Modocs were gen.
tie, amiable Warriors lie (Mr. MOrton) would say
to the people OF Louisiana that they must
stop this murder business. The people who insti-
gated these murders would perish. God had
so declared 1t IN HIS holy word ana throughout the
history of mankind. rhe eectloa OF 1868 in LOUISE
republicans carried the State by 20, 900 majority
But alter that the Ku Klux was organized, aud As
OF the 'as by sne
from which he had extracts read by the Clerk
Continuing has argument, Mr.. Morton said Mr..
Kellogg was man ol ability and personal magnet.
ISM and the republican party IN the contest OF
1872 was swindled ouGrageously on every hand, and
had 1T not been Tor the Warmoth frauds. MI. Kel-
logg would have carried the State by from 600 to
$4,000 majority, He knew there was
FRAUD on THE REPUBLICAN SIDE.
Fraud Degets fraud, and persecution begets per-
secutlon. He desired TO make no defence Tor what
had been wrongfnliy done IN Louisiana, but the re-
publican party OF That State had been shamelully
slandered aud ca Illuminated throughout the land
The election frauds committed by the republicans
called on the Senate To notice the prosecutions
ana trials through winch the party had passed III
the state during the last seven years, and said
Kellogg government was the best which the State
mad been ruled by since the end OF the war.
He had no fear that the government
ton did harm. Let it De overturned, and no one
could tell how soon the bloody scenes OF COliax
parish would be renewed in New Orleans or else
where. lie knew what exceeding 10Y was carried
to the hearts or those men by this movement for
new election. He hoped this agitation would
cease, and the Kellogg government would go on.
CARPENTER OPPOSITION FROM NEW JERSEY.
MI. FRELINGHUYSEN, trep.) OF n. j., said he dis
Wisconsin (Mr. Carpenter), that the President in
sending troops to Louisiana had acted without
authority OF law and therefore contrary to law;
had become reproach to the nation.
The order loving people OF The country all rejolced
when they found the firm hand OF the President
had taken charge OF affairs IN LOUISIANA His &C
ton preserved the peace there and saved blood
she'd If he acted without authority OF law, then
we have system OF government inferior to what
he supposed. 1t was the province of all govern
ments to have peace and tranquility. and the end
end for which our government was instituted.
MI, CARpENTER inquired # the gentleman claimed
that the President could act under the constitution
without legislation on the part OF Congress.
Mr.. FRELINGHUYSEN replied that he did. Ii the
OOVeTuOr Vi state anu Tile Legislature cdIleu
upon the President under the constitution he
could act to protect from anarchy and democratic
violence. The constitution In that case executed
Itself without any legislation OF Congress. 1t was
not the province oil the President oi the United
States to reverse DEGREES OF federal courts 1t had
been SAID that the President should not have re-
cOgnized the Kellogg government He could not
help II. 1t was his duty to do so. In conclusion,
he argued that Louisiana had republican form or
government, and there was no authority to order
new election there.
NOT A REPUBLICAN FORM OF GOVERNMENT.
Mr. SrRxr Aprn M laiA IN - haan I'M
TED that the returns in Louisiana showed McEnery
had between 5000 and 10000 majority. The Kel-
logg board, however made different count, based
estimates. He was willing to take the state
ment that ii FAR election had been held Mr.. Ke-
logg would have received 5000 majority, and yet
was not helped out OF the difficulty. While the two
returning boards were struggling United states
judge put the Kellogg party in power. The
President, with such facts as were before him
and he (Mr. Stewart presumed they were
SUFFICIENT -recoganlzed that government. He
to raise any spite about the conduct Of the
President. The question was what Congress
40 w ing 20 s0qa be
was legal Legislature IN Louisiana, and to deal
whit. 1t was said the government OF Louisiana
it. No government placed in power by mere esti-
mates could be republican in form. He could not
sanction the proposition that republican form of
government rested upon mere estimates to
votes cast; that party set up by means OF
could not admit Senator rom that so-called
government because 1t was not republican IN form,
and not placed IN power by the people.
THE BANKRUPT BILL.
Mr.. EDMuNDs, (rep) ofVt., moved that the pend
ing question be laid aside and the Senate take up
Tor consideration the Bankrupt bill.
Mr.. SARGENT, OF California, moved that the Naval
Appropriation bill be taken up. He SAID lre
quently appropriation bills were put OF till the
last of the session, and Ia the rush then improper
things were put IN them. He hoped those oils
would be considered early IN the session and not
put OF until the last days to be rushed through.
Mr.. MORTON said the country was awaiting their
action on financial questions, which had been
under discussion Tor so long, and he hoped vote
would soon be taken, especially on the amend
ment OF The gentleman from Michigan tMr. Ferry.
Mr.. SHERMAN. rep.) OF Ohio, said though he was
anxious to have a vote on the financial resolution
as soon as possible, he would give way Tor the
Bankrupt bill, as that was sent to the Senate by
the House early in the session, and there was
great necessity for its consideration. He would
not, therefore, antagoniZe the two, and gave his
consent to the consideration of the Bankrupt bill,
but announced that, as soon as that subject should
be disposed or ne would press the financial resolu-
Mr.. SARGENT also yielded for the Bankrupt DILL,
out gave notice that he would urge the consldera-
ton Of the Naval Appropriation bill when that
measure should be disposed OF.
The motion OF Mr.. Edmunds was adopted and
the Bankrupt bill taken up and read at length.
THE POSTAL TELEGRAPH.
On motion OF Mr.. RAMSEY 1t was agreed that
the testimony and argument before the Committee
on Post Ofiices and Post Roads IN relation to
postal telegraph be printed
GENERAL HOwARD's CASE.
The CHAIR laid before the Senate the House
iolnt resolution for a special court Of inquiry in
the case OF General o. o. Howard, and a verbal
amendment offered by Mr.. Logan was adopted.
Mr.. WEST, (rep.) of La, objected to the passage
OF the resolution. He said the usage OF the army
was to appoint three officers on court OF inquiry,
but TINS resolution proposed to depart from this
usage and appoint five officers on the court.
Mr.. LOGAN, (rep.) OF H., SAID he knew nothing
about the acts OF tine case, but understood that
General Howard was anxious to have the court
appointed.
Mr.. SUMNER, repD OF Mass, inquired II it was
not desirable to nave the actIon OF the Military
Committee on this resolution. 1t was rtainiy an
innovation in making the number or officers five,
and he would like TO have the committee inquire
into the matter and explain the exact condition
OF the case.
Mr.. CoNKLING said. as the charges against Gene
raj Howard had emanated from the executive
branch Of the government, 1t was right aud proper
that it should consist OF hye Officers. He under
stood that General Howard willing Tor the
court, and that he regarded as to MS credit. He
was an officer distinguished in the service, having
been manned in body and, until after this investI-
CATION should clear him, manned IN reputation.
The Judgment OF a court composed OF five members
would nave more weight than one Of three.
Mr.. MOTION inquired why 1T was necessary TO
have the court inquire into the legal and moral
Responsibility OF General Howard, as proposed ny
the resolution.