New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-13


Senator Carpenter CONTAINS the fair result whole
evidence and draws the correct legal conclusion, that
that the election Of the votes and the
installation OF the officers claiming to DO elected we're
equally void, both rs to McEnefy and his Legislature
and Keiogg and his Legislature
SENATOR CARPENTERS REPORT ABLE STATESMAN
LIKE, AND FAIR
This report was drawn by unfriendly hand 40 far
the Kellogg Government is concerned. 1t may
in some slight degree extenuate but It sets down
naush In malice 1t is an able stacsmanlike ana Iar
report. and adopt at by reference. without repeating
its contents. Looking into that mass Of testimony.
what docs 1t exhibit as TO tbe nature and validity OF
m frmlss s"s chaos Of plots and
seeting PASSION OF Inconsistencies incongruilies ana
but fraud and force Concurrine. therefore with the
d Ga' report that hold no sat neSss
the the Kellogg Government mt nor tho McEnery
Governments can be recognized as Govern S,'naIs
of the question Of Pnchbacks rights under an election
resting apon the validity OF that Government deny
ground merely OF de tacto State Governments which
found TO be without legal authority tho effect OF me
urc character Of that will be considered
TO consider thu nature and origin OF tna
Government. But before proceeding to consider the
dc acto Of state Government since all the
evidence Is before US bearing upon the question OF
PnchDack's right which toe majority OF the Commsee
believed showed that there was no esai uo,
ernment. and the majority OF the senato may ~
draw the same conclusion. what becomes "
prna (aeie resting the presumption ars
ing IRON the Is not tine evidence now 70 DO
strong presumption in OF innocence in criminal
strongly 10 prove guilt and from whch the Jury might
properly 1nd verdict OF guilty. what would De tnousn
no matter how strong the evidence or whatever ~
might be, they must disregard IL because the law pre-
sume5 innocence ana tuey must aos uPon 'hat P0'uP
ton alone and acqult. ,,,.,
now come the question whether Kellogg and MS
Legislature constituted dc JacfO Government, whcn
by any recognition II has received has 50 Tar grown
into legal or legitimate government that ts acts Ia
require properly authorize us TO admit MN
a Had kellogg and his LEGISLATURE already
been in the possession OF power AMI tue actua eAeI
else OF the offices they claimed anu IN the govern
ment of tho state without any act Oh Inc f9ueIa az
cuye to place them that position, then whether tnls
or the McEaery Government was actually enltou u!
the election which nad taken Place can ioauiy u
derstaud that the President might. and that II might
be his duty TO recognize the Government mus In .no
aS ss ua enert ns oosI U" of Fight could be prop
erly decided or until a proper eiec'lon eouio
the Executive OF that Government was concerned.
might very properly DO followed by whether OnLhs vi
not upon, both branches OF Congress concede also
tnat al the time or the senatorial election the Kellogg
Government (he Governor and Leglslaturrl constituted
IN dc Jacto Government that ~ was IN Tue
actual possession aud exercise OF the governmental
powers over thab state.
THE KELLOGG GOVERNMENT ESTABLISHED By FED
ERAL INTERFERENCE.
But how did IL the possession OF this power and
who gave this dc facto characters II did not obtain
possession Of the for itself by its acts,
nor by tho acts or the will Of tho people Of louisiana
Left to themselves and the people OF the State 1t Is ad
mitted on all hands, Kellogg and his Legislature could
have become de facso Government or govern,
ment of sny kind; aud it is perfectly evident from
| the testimony that McEnery and his Legislature,
which had more Of the forms OF regularly
reekng with fraud and not free from intimidation ahd
force would aG haye Se
men de dco but for the interference OF the Federal Elk
O11er 6is l. sislaure nad not yet assembled by
| whom votes for Governor were 10 DC eouH 1e
| place when the Federal Executive interposed
by military force on the alleged authority OF an order
from the United States District Judge which al parties
at least all jurists and LAWYERS. except PERHAPS the
Attorney General, II that constitutes an exception
e eant nG'q It
this alone, which gave 1t reception which placed ana
1ny cg pa tnis way only become de Gtio
Goyernmeet the executive could ,give 1t additional
sanction validity by recognizing IL as the de Jdet'
government nor bind Congress or eer HOUSE VI tbe
Government he had instituted and set up not OF one
which he had found in existence The Act OF 1885, which
has been CLAIMED as making OF the executive
equivalent TO the action or authority OF Congres can
within and authorized by 1t; and though That act
may justify tho employ ment OF tho military force 10
protect aud keep in power against insurrectlonarH
forces merely de faco Government already exist
ing upon which press opinion, certainly does not
auhor,ge hun to and institute State Govern
ment which had previous or other existence III act
law The logical process which can give 70 suose-
quent recognition by the Executive OF government
thus instituted any greater legal validity than IL in
herited ITS organism, or make Its action bind
ing upon either House OF Congress, is
process which. however valuable in may prove In moro
skillful hands OF no value in my hands and could
not to reach such conclusion without cut
ting NV fingers. To me the whole process seems TO
he CIRCULAR beginning where it ends and ending where it
begins aud with whatever velocity 1t may DO made To
reyolye il never moves step forward from the point
where il started. 1t leaves this Kellogg Government
which assumed TO elect Senator In Congress Just where
and wh the It's O sse not Of Or but
body set up. Installed and kept IN power and
OF the Federal Government and deriving all Its authority
from this Executive action; and do not myself see
how he decisions OF the louisiana Courts, constituting
as they only branch OF this Government thus set
up be any binding upon US tnan tho action Oh
in office under previous existing Governments, or as
was the here, Judges had been thrust OUT anu
the desired course OF decslOn'
NORTHERN STATES WOULD NOT SUBMIT TO SIMILAR
ACTION BY THE PRESIDENT.
And now Mr. President for the purpose Of testing by
Its results soundness Of any course OF reasoning
which would bind Congress the Senate by the action
Of State Government thus set up and established, or
any branch of such government. will that If this
ia true of the State of louisiana IL must be equally
true Of auy and every other State In the
Union where such Government mlsht De mus set up
and sustained and the same course OF reasoning winch
would authorize the setting up ana sustaining sueh
IL in any other State under ike cir
cumstances that when the candidates ior uoyeinoa
and ssm ts Ss elected and
vet got OF the government and to make the
1aralel entirely fair when in the opinion OF the rest
Violence may be- apprehended from the contest. This
might occur In state as well al the North as IN tue
South suppose 1t had occurred, as 1t sale9t IN Mch
gan at the last election, owing to che heated pas
sons the parsans on either side and the frauds com
mitted at the election. canvassing the votes,
similar difficulty existed In determining which cand
date was elected while the dispute stil open
and neither candidate for Governor had obtained pos
session of tue Office District Court OF the
United states had assumed jurisdiction of the
question in the same or any other way.
and ~ decide who was elected, and under.
t.Een N decide upon the election OF members Of
the legislature and President had sent the military
10 enfose this decision of the Federal court and 10
in and sustain the candidate in whose favor