The Republican journal., 1875-03-18
Senator Christiancy Speech.

iourned
Senator Christiancy $ Speech.
The new senator from Michigan, Chand-
ler's successor, has signalized the entrance
upon his senatorial career by speech in
which he condemns the whole scheme by
which the kellogg government was placed
in power in louisiana by the Grant admin
istration, and proppcd up by its bayonets
The question before the Senate at the time
was the admission of the negro Pinchback,
who claims to have been elected to the
Senate by the Kellogg Legislature, and
which of course involves the legality Of
that government Noticing the argu-
ment advanced by the friends Of the ad-
ministration, that the Kellogg govern
ment was the one of fact, he said
But how did it obtain possession of this
power, and who gave it this de .f0ct0 character?
1t did not obtain possession OF the government
for itself by its own acts or the will Of the peo-
pie of Louisiana. Left to themselves and the
people of the state, it is admitted on all hands
that Kellogg and his Legislature could never
lave become a dc tuct0 government, or Il gov
eminent OF any kind, and it is perfectly evident,
from the testimony, that McEnery and his Leg
iSature, which had more of the forms Of regu-
larltY about it and probably the majority of
votes, though reeking with fraud and not free
from intimidation and force would, without
Federal aid, have obtained possession OF the
government and constituted the government de
Iuctv: but for the interference OF the Federal
Executive, Kellogg and his Legislature had
never been in power: his Legislature had not
Vet assembled, by whom votes for Governor
were to be counted No organization of his
government had taken place when the Federal
Executive lnterposed, by military force, on the
alleged authority Of an order from a o. S. Dis
trict Judge, which all parties, at least all jursts
and lawyers, except, perhaps, the Attorney
General, if that constitutes an exception. admit
to have been void and placed the Kellogg Gov
efnment IN power and kept il there. II WAS
this, and this alone, winch gave it its inception,
which placed and continued it i'll power and
gave its entire and only character Of 4 govern
/ mCnt Ne f0cto. Having, in this way only, be-
| come lie t0ct0 government, the Executive
! could give it no additional sanction or validity
! by recognizing it as the ds fucto government,
nor bind Congress OF either House Of Congress
! by such recognition: for ii WAS the recognition
| only Of his own acts of the government he had
! Instituted and set up, not of one which he had
! found in existence. The act of 1875, which has
| been claimed as making the acts OF the ENecu-
| tive equivalent to the action or authority Of
| Congress- can only have that effect if at all, so
| far as his action comes within and was author
| lied by it. And though that act may Justify
! the employment of the military force to put
|
| TO protect and keep i'll power against insurrec-
| uonary forces even a merely de tucto govern
ment already existing, upon which | express
no opinion, 1t certainly does not authorize him
70 create and institute state government which
had no previous or other existence in fact or
| law. The logical process which can give to a
subsequent recognition by the Executive of a
| government thus instituted any greater legal
validity than it inherited from It's origin, or
| make its action binding upon either House of
is . WI oil ok la
| it may prove i'll more Skiiful hands, is of no
| value in my hands, and | could not use it 50 as
| TO reach such conclusions without cutting my
own fingers. To Inc the whole process seems
to be circular, beginning where it ends and end
ing where 1t begins, and with whatever velocity
1t may be made to revolve it never moves a step
forward from the point where it started II
leaves this Kellogg Government, which as.
sumed TO elect a Senator in Congress, lust
where and what ii was in its origin. not a Leg
islature or government of the state of Louisi
ana, but Il body set up, installed and kept il
power and imposed uDon the state by the En-
exutive Department of the Federal Govern
ment, and deriving all its authority from this
Executive action; and do not myself see how
the decisions Of the Louisiana Courts, constitut
ing as they do only one branch of this govern
ment thus set up, can be any more binding
, upon us than the action of the pretended Legis
lature, whether these Judges We're in Office
| under previous existing governments, or, a.
was the case here, Judges had been thrust GU
and others put in their places for the purpos
= OF securing the desired course of decision.
THE LOGIC OF MILITARY INTERFERENCE.
2 And now, Mr.. President, tor the purpose O
t testing by its results the soundness of any cours
} of reasoning which would bind Congress or tn
S Senate by the action of State Government
G thus set up and established, or any branch O
such Government, will say that if this is tru
e of the State of Louisiana, it must be equal
2 true of any and every State in the Union, wher
0 such government might be thus set up an
: | sustained, and the same course of reasonin
e | which would authorize the setting up and sus
l. tanning of such a Government in Lousian
t would, as matter of law, equally authorize
D | III any other State under like circumstances
i | that is, when the candidates for Governor an
. the Legislature, on two opposing tickets, bot
e claim to be elected and neither has yet got pos
n session OF the Government, and, to make tn
0 parallel entirely fair, when, in the opinion
/, | the rest, violence may be apprehended in tn
e contest. This might occur in any State, as we
it at the North as i'll the South. Suppose it ha
It occurred, as it might, in Michigan at the las
election, and owing to the heated passions
It the partisans on either side and the frauds con
T mtted at the election or in canvassing the votes
u a similar difficulty existed in determining whc
candidate was elected, and while the disput
l. was still open and neither candidate for Gov
y; ernor had obtained possession of the office
VI District Court of the United States had assume
g jurisdiction of the question in the same or an
1e ana undertaken to decide upon the election ,
70 members OF the Legislature, and the Presidel
&c had sent the military to enforce this decision
he the Federal Court and to place in power an
s. sustain the candidate in whose favor the Con
had decided. While the people of Micbioa
is might not object to the action of the military
st preserving the lives of citizens against insu
g | rection and violence, would they be likely
s. recognize the validity Of the Government til,
s, imposed upon them? Would they be likely
1t quietly submit to it? The people of Mchig;
at are law-abiding people, but know them We
to enough to venture the assertion that it won
at take several regiments of soldiers to keep the
es quiet under Government thus imposed AN
he ! MORE THAN ALL THE ARMIES OF THE UNITE
&c | STATES TO MAKE THEM LOVE Or RESPECT L
of They would see, as l know they do to-day s.
,r and feel, that the election of State GOvern
e- or State Legislature was not to be decide
nor the State Government run or prevent.
ne from running by the fiat of Federal Coul
l AND THAT EVEN THE EXECUTIVE OF THE EE
VI EkAL GOVERNMENT HAD NO RIGHT TO DECII
hS ahE QUESTION FOR THE STATE OR TO INST
nc loIE OK ESTABLISH A STATE GOVERNMEN
VI FOR THEM The argument here urged in b
Nc nan VI MI Plnchback involves this very pri
20 ciple-a principle which would place in Il
la hands OF the Executive Department of IL
L Government the right and the power to reyol
er- | toniZe every State Government in the JTnio
and bind not only the States but both branch
10 of Congress to recognize that revolution. Su
Dr. a principle cannot be sound The arp,,me,
nix in favor of it BEGIN IN FALLACY AND End
he | ARSURDITY.