New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-08
NEW ORLEANS REPUBLICAN, WEDNESDAY DECmfBER 8, 1875

is the province Of the House to pass upon
it, we do not well see what could do it.
The professed adhesion Of the Democ-
racy to States rights gives to the action
of the Louisiana Legislature upon the
Wheeler and Frye compromise peculiar
force. As it has been ably and conclu-
sively shown in carefully prepared brief
of the case by Governor Kellogg, the very
base, the foundation of this compromise
was the settlement of the questions arising
out of the elections of 1872 and 1874.
The protocol to this compromise, which
was proposed by the congressional COM
mittee and formally accepted by the ma
jority of the members of the Louisiana
Legislature, specifically recites:
WHEREAS, 1t is desirable to adjust the diff
fculties gro wing out of the election in this
State in 1872, the action Of the Returning
Board, in declaring and promulgating the
results of the election in the month OF No
vemher last (lS74) and the organization Of
the House OF Representatives, on the fourth
of January last, etc.
The objects stated formed the very
foundation of the agreement To effect
the first named q joint resolution was
passed, resolution relative to the recog-
milton of the Kellogg government" in
which the General Assembly pledged it.
self to accord to said Governor all neces-
sary and legitimate support in maintain
ing the laws and in advancing the peace
and prosperity Of the people of this State. "
Following this action both houses of Con-
gress passed resolutions recognizing Gov
ernor Kellogg, and the House at its pres
ent session has, as the phrase goes, "fol-
lowed on the same side" Every member
of the House from Louisiana got into the
House on Governor Kellogg's pass. Even
Mr.. Ellis, who has been waiting patiently
his opportunity to upset the adjustment
referred to, was compelled first to
exhibit his credentials from the very
authority he is pledged to ami
hilate or fail in the attempt. The fact
that the House may go behind the GER
tifcate Of any Governor on contest, and
open up the whole question of an cleo
ton, does not alter the case. The defeated
member, even if he holds Governors
certificate of election, is not rejected be-
cause of his insuficiency in prima facie
case, but because the House, being the
sole judge of the matter, sees fit to over
rule it on appeal. This does not divest
the certifying State executive of his func-
tons any more than a reversal Of judg-
ment by an appellate tribunal Gusts the
Judge below from his Office. The Gov
ernor is still a Governor, though the
man to whom he gave a certificate of cleo
ton may not be finally accepted. But no
one not Governor can give certificate
with any validity. The House, on accept
ing member on prima facie showing.
must first accept the fact that the GER
tifying officer is Governor. This is
what the House did on Monday. All the
facts of the case were fully known to every
member, and the majority, in adopting
Mr.. Blaine's resolution, fully recognized
the fact that Governor Kellogg was the
only proper person to give certificates of
election to members from this State.
There is nothing in this vote incon-
sistent with that to seat George A.
Sheridan, who ran for Congressman at
large against Pinchback. 1t will be
remembered that Kellogg received 1871
votes more than Sheridan did, &C.
cording to the authority of the Fusion
Returning Board, while, according to the
legal returns, Kellogg received 3943 votes
more than Pinchback Here is certainly
margin enough for consistency in rejecting
one candidate and accepting another who
ran on the same ticket.
We think it may be set down as conclu-
sive that the Louisiana question, SO far as
Congress is concerned, is completely set
tied. Both houses, by direct vote, and
the House of Representatives again by in
direction, have fully recognized the execu-
tive authority of Governor Kellogg, and
it is not probable the question will ever
again come before Congress. The House
may, if it sees proper to do so, turn out
Mr. Morey and admit Mr.. Spencer; it may
send Mr.. Ella home without his pay, and
call for Judge Dibble, but the great ques-
ton, which has been so finally settled,
will remain undisturbed.
Our Democratic friends may as well
abandon the pursuit of Governor Kellogg
and turn their attention to reform. 1t is
true, they will find themselves forestalled
by the Republicans even in this field, but
they will make valuable auxiliaries, and
will be given full share of credit fo1
every good work they may assist in per-
forming. They have been signaIly beaten
in the house of their friends on account
of misbehavior. Let them try to retrieve
their reputation by joining the Repub-
loans in an honest endeavor to do some
thing for themselves and neighbors.
THE COTTON EXCHANGE.
q = A. l.