The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-01-23

the Polls-The Afidavits Of Fraud mostly
Forged - Pinchback's Claims - A protest
against Congressional Interference in S'a'0
Elections.
To the Editor OF the New York Tribune. tho
SIR: The proofs adduced oeiore tne
Senate Committee on Privileges and Elec-
t;ons last Winter established these facts
That by the official returns, the actual
counting of the votes cast at the several
nolling. places in the State of Louisiana. at
the election Of Nov. 4, 1872, the McEnery
Government and Legislature were elected
by majority Of from 5000 to 5000.
III, That Kellogg and his associates, the
defeated candidates, we're installed and
have been maintained in power as the Gov
eminent of the State solely by the inter
ference of the United States District
Judge, utterly without jurisdiction, or even
the semblance of legal warrant or authorl-
ty, supported by United States troops, Or
dered from their post at Fort Barrancas,
in Florida, to New Orleans, in advance, and
for the single purpose of compelling sub
mission to this usurpation.
The logical legal consequence IS, that
the McEnery Government was, and is now
the legal Government of the State, and Is
entitled to be recognized, dealt with and
supported as such, by the Government OF
the United States. The Senate Commit
tee, in view of the overwhelming testimo-
ny before it, was reduced to the alternative
of recognizing the Government and seating
McMillen as Senator from Louisiana, or OF
declaring the election void for fraud. Be
fore proceeding to examine this question OF
fraud, desire, as citizen OF the State OF
Louisiana, and as one OF the representa-
tives of the Convention of the people, cltl-
zens of that State, to enter my solemn pro-
test against the right of the Federal gov
eminent, in any of its departments, to de-
clare void for fraud and to set aside State
election. State elections are held under
State laws, and any question as to their
validity must be determined by the State
laws alone. | cannot better express my
views on this subject than by quoting the
following passage from the petition pre-
scented by my colleague and myself to the
two Houses of Congress on the Sth inst
If there was fraud a sufficient remedy was afford
ed TO the parties aggrieved by the laws of the Uni
ted States and the State of Louisiana. 1t is mon
strous proposition TO hold that because fraud Il
committed at election in State the judicial an'
military powers of the Federal Governm ent may b.
used by the defeated candidates TO set aside the ON
ciay declared results of such election and to install
themselves in Office. Such q doctrine, II once au
thoritatively and deliberately proclaimed by IN
Congress Of the United States viii inevitably 1ea'
to the elimination OF the elective principle from on
scheme Of Government; and we cannot believe tina
the Congress will in view of all the facts that hav
been brought to its notice. consent to recognize tn
usurping Government represented by VIM. PIT
kellogg and thus establish a precedent which ma
some future time be logically invoked and sue
cessfully applied for the destruction Of the lberte
of the people.
The Government of the United State
acquired jurisdiction of the question as t.
the validity oI the Government Of tn
State of Louisiana in two ways:
|, Application was made to the EXecu
tive by what purpOrted to be the Govern
ment of the State for protection agans
domestic violence. In all such cases tn
emergency is pressing, and the Presider
must determine, with but little time fo
delberation, whether this application
made by the proper authority. His dec
sion TO afford the protection demanded is
recognition of the authority making tn
demand, but it by no means concludes tn
case with the people of the State. He ma
err, but the people are not left withOu
remedy. As the Supreme Court of tn
United States said in Luther agt. Border
Howard, 40:
Undoubtedly If the President in exercising h
power should fall into error or invade the rights
the people of the State, it would be in the pow
OF Congress TO apply the proper remedy
The President did recognize the kelloe
Government and has supported it, al
maintained it in power by the milita
force of the Federal Government Tn
he erred in this is demonstrated by the r
port of the Senate Committee on Privileg
and Elections and the error will mo
manifestly appear by reference to the Go
stitution Of the State of Louisiana. The
can be no authority in any department
the Federal Government to recognize al
maintain in power as officers OF Sta
Government persons who have not be
elected such officers under the forms al
in accordance with the laws and COnstit
ton of that State The report of t
Senate Committee shows that the perso
recognized by the Executive as the Gt
ernor and officers of the State OF lou5lar
we're not elected by the people The &c
stitution Of Louisiana, Article -, declal
that
No member of Congress, or any person hold
office under the United States Government, shall
eligible to the office of Governor or Lieuten
Governor.
At the time the election of Nov.
1872, was held, William Pitt Kellogg, G.
didate for Governor, was Senator in G.
gress, and therefore was not eligible
that office; and G. &. Antoine, candid
for Lieutenant Governor, was Collector
the Customs at Shreveport and theret
was not eligible to that Office. A |
jGrity of the votes cast was for
Emery for Governor, against kelloj
aud larger majority was
Penn for Iieutenant-G Governor, agal
Antoine, so that neither Kellogg nor !
tome were eligible nor was either OF tn
elected. All, therefore, that the Exc
tive or any department Of the Federal q
eminent may have done il recognition
Kellogg and Antoine as Governor
Lieutenant Governor, respectively, was {
trary to.the express prohibition OF
Constitution of the State OF Louisiana,
was done in error. both Of fact and OF i
aud it is not only within the power but
the solemn duty Of Congress to apply
proper remedy, and to relieve the pes
of Louisiana of the consequences OF this
TOR. 1t is not to be believed that the 7
ident intended any invasion OF the right
the people, but it is clear beyond dout
cavil that he did fall into error, the C
mon lot or humanity from which the wi
and best can claim no exemption, and
his erroneous recognition of Kellogg
Governor was, however Unintentiona
may have been, a violation of the Co
tuition and laws and an invasion of
rights of the people Of Louisiana, by W
person has been placed in power as
ernor who was neither eligible, nor ele
to that Office by the people, and W
therefore mere uSurper, without leg
IL 1