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


fact that at this election electors Of President
and Vice-President ought to have been
E0ae0sod; yS061D6s r 6yaif6 fkSS syho deoiGI0n
of both Houses of Congress rejecting the
vote OF the electors of that State, and deny-
ing Louisiana any voice whatever in the
election of President and Vice President. is
an adjudication by Congress that no result
was accomplished by the pretended cleo
ton of November 4. 1872. Ii anything was
accomplished at that election, the pres
.identisls electors, . Governor. and .other
elected. But If no presidential electors
were elected, then no election of Governor
and other State officers and members of the
Legislature was effected. Congress having
decided that the election was void as to
presidential electors, it follows that the
election of State officers and members OF
the Legislature held at the same time. and
subject to the same objections, must be void
also"
The Senator broadly and unwarrantably
assumes fact that the record totally con-
tradicts him in. can not recall at the
present moment, but think it was on the
twelfth of February, 1873, that tho two
Houses met to act upon the votes cast by
the different States. On the tenth of Feb
ruary the Committee on Privileges and
Elections of this body, who had been di-
rected to inquire and report as to the presl-
dental election in Louisiana, Arkansas and
other States, reported in regard to Louisi-
ana as follows:
1--WE find that the official returns of the
election of electors from the various par.
ishes OF Louisiana have never been counted
by anybody having authority to count
them"
They never said that that election was
void, nor did Congress come to any such
conclusion, because although Congress de-
termined that question, respectively each
House for ITSELF the record shows what was
the conclusion in each House as to the re-
sui of that election. The Senate resolved
as follows:
"That all the objections having been con-
sidered, no electoral vote purpOrting to be
that OF the State of Louisiana be counted"
Aud the House resolved:
"That in the judgment Of the House none
of the returns reported by the tellers as
electoral vote of the State of Louisiana
should be counted"
The only conclusion that Congress has
come to in regard to the vote of Louisiana
is the conclusion that want to hold you to
to-day-that you do not know how the
election has gone in Louisiana, and until
you do know you have no right to interfere
with it. "a
V0 AAc IOiu bu0t LuO ACAuSS AOVOAh0Aou0
is gross ususpatiOn, and that dire conse-
quences are to result to the dominant party
in Congress and in the country, and that
we as Senators will be grossly dereliat of
our duty unless we apply q remedy which
it is alleged exists under the instruction of
the constitution that the United States
shall guarantee to every State of this Union
q republican form of government.
This proposition has so far mainlv been
\ h -, Cn~.n
sin. In the bill which he has introduced to
restore the rights Of the State of Louisiana
he has assumed an existing state of facts in
regard to affairs there from which totally
dissent, and which assumption contend
and shall endeav0r to show to the Senate is
not at all warranted by the information in
its possession.
In the first place, let me ask what is our
right of interference! That right must be
based upon two general grounds: First,
whether 1t is conferred upon US by the con-
and second, whether that state Of facts
exists.
shall leave the argument on the first of
these propositions to the more experienced
members Of this body, whose views will in
terest, instruct and enlighten the Senate to
Q degree that l should be entirely without
expectation of equaling, and shall coDfne
myself altogether to the proposition that
the Senate has not been informed, nor at.
tempted to inform itself, as to whether
state of facts exists growing out of the cleo
ton OF 1872 in Louisiana that either requires
or even justifies Congress in interfering.
assert and maintain that the Senate does
not know that William P. kellogg was not
elected Governor at that time; that the in
formation laid before the Committee on
Privileges and Elections of the Forty second
Congress related entirely to what was done
by certain returning boards, to what oc-
federal court, and that the examination
held by that committee scarcely touched
upon what, if we are to exercise our right
of interference, is the true subject of in
quiry: How did the people of Louisiana
vote on the fourth of November, 1872; for
which person of the two then seeking their
SURFACES for the Office of Governor on that
day did they actually vote! With the ex.
ception of myself, and l do not know that
I ought even to except myself, nobody has
given greater attention to this matter than
spending these weeks celebrating his re-
port and studying that testimony, admits
in the Senate that he does not believe Mr..
McEnery was elected. Now, we know per:
fectly well that there were two men voted
for on that day. The Senator from Wiscon-
sin says:
II do not think that Mr.. MoEnery was in
fact elected"
Now. can there be an election without
RESULT If he does not think that in fact
Mr.. McEnery was elected on that day, he
must think in fact the other man was. That
is the question tor Congress to determine,
it seems to me, before it is called upon to
whether it has the right constitu-
tionally to interfere.
In q case somewhat analogous, the New
Jersey case of 1910, known most generally
as the Broad Seal case, and to which shall
have occasion to refer as proceed, Con-
gress took direct and thorough method of
the facts connected Herewith.
Is my friend from California (Mr. Hager)
very we'll knows, for he was counsel in the
case. 1t may with some truth be commended
that neither the acts of the returning board
nor the order of federal judge can impose
D government upon the people Of State, and
that government established by either of
such means is no more republican in form
than were it established by force of arms,
however it might subsequently rigidly COM
ply with the written form of republican
1t is the voice of the people alone that
constitutes government under our institu
tons. That governments derive their just
powers from the consent of the governed"
e an axiom too familiar to be forgotten, and
contend that Congress has not in its pos
session any evidence worthy of regard that
Mr.. Kellogg is Governor in violation of the
governed; and until it is 80 informed, it can
DO no greater wrong, can in no manner
more widely depart from its obligations as
one of the coordinate branches OF the gov
of the United States to guarantee
to Louisiana a republican form of govern
ment. than unjustifably to set aside the
present government of that State and i'm.
pose upon her people the necessity of max
ING another choice through the bill of the
Senator from Wisconsin.
William p. Kellogg is to-day Governor of
the State of Louisiana. He is recognized