The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1875-01-26


had not manipulated the machinery o
election and the returns that came from
the parishes, kellogg would have received
majority Of the actual votes cast. Thu
part Of the committee, moreover, declared
that "If the Senate should be inclined
not to 20 behind the official returns OF thu
election, then the McEnery government
and legislature must be recognized N
the lawful government Of the STATE
and McAIillen, II regularly elected by thai
i Legislature, should be seated IN the
Senate in the place Of Kellogg. But you
Committee beiiaCS that this Wolld be reeO9Ril
ing government based on fraud, in dejfaRcl
ofMe pishea and Intention Cftks polers ofthl
Sac" This is the Committee that has
been commended so by the gentleman
from Ohio county, Good, And the Nc
Emery party cOmpOscs, 1t is saidall Of the
virtue and Justice and respect for laws in
Louisiana.
Coming down to the 18th Of September
1874, another bloody tragedy was per
formed in New Orleans by the Conserva.
tives-RepubliGans were killed. The
Kellogg government was subverted at the
point Of the bayonet, Tho "White
League" was triumphant.
Kellogg driven from the State House,
imprisoned In the Custom House, applied
under the 4th Section Of Article 4th Of the
Constitution to the President for troops
to protect his government from domestic
violence.
The President responded and by a
proclamation commanded the insurgents
to disband and surrender their arms, II
is significant that this insurrection, like
the tragedy In 1868, transpire Just n few
weeks before the eleCtiOn-the election
was held,-The Returning Board can
vNssGd the votes, and ascertained that 50
Republicans had been elected to the
House Of Representatives and so Con.
sGrvatives, leaving five seats for which
there were no persons returned. The so
Conservatives under the guidance Of
Mayor Wilt by violence and force took
possession Of tho Hall of the House Of
Representatives, Before permanent or
ganiation was effected, In contravention
OF parliamentary usage and a law Of
Louisiana, they admitted, without OppOr.
tunity TO their competitors to contest,
five persons who claimed seats. These
being the facts, and assuming for the sake
Of the argument that the President did
direct the military interference on the
lth Of January, what is the proposition Of
law TINT dominates over thiscOntroversyP
We readily COncedG that each branch Of q
Legislature IL the final arbiter Of the cleo
ton and qualification Its own members.
But here was u vitality different case.
Here was u body Of mon which was not in
fact or law II legislative body, assuming II
to bo such, An organization was extern
ported in derogOIion Of usage and law
Tht body Of men performed the farce Of
admitting five persons who demanded
seats therein, In order to give COnscrva.
tives majority over the Republicans.
This body had not the attributes Of
Legislative body No quorum could bc
had unless a sufficient number VI the Re.
publicans would willingly participate,
There WAS not legal quorum even after
the admission Of the five illegal members.
That their admission was unlawful Ia pa
tent from this section Of Louisiana law /;
"BG Il further enacted &C., That It shall
be the duty Of the Secretary Of State to
transmit to the Clerk Of The House Of
Representatives and to tho Secretary Of
the Senate Of the last General Assembly
list Of the names Of such persons as aC-
Cordlng to tho returns shall have been
elected to either branch Of the General
Assembly, and II shall be the duty Of said
Clerk aud Secretary to place the names
OF the Representatives and Senator'S elect
10 furnished upon the roll Of the House
and Senate respectively, and those Rep
resentatiVCs and Senators whose names
are 80 placed by the Clerk and Secretary
respectively, In accordance with the fore.
going provisions, and none other, shall be
competent TO organize the House Of Rep.
resentatiyes or Senate"
The body Of men, not u legislative body
in fact or law, comprising the fifty Con-
scrv0tives, and the five persons who were
not returned, by force and violence, pre-.
vented legislative body In fact,
comprising all those who were. re-
turned a. elected, from assembling
and assuming is functions and discharg-
Ing its duties rs q House Of Representa-.
tives. Upon the doctrine that fraud
yitlates everything, or, as M ancient
Judge put II, "Covih sulocates the right"
the admission Of five persons who were
not returned az elected did not make the
Conservative body legislative body, IN
fact, or give II u quorum. II was n pal-
pAblC ease for the interference Of tue gen.
Cral government Under the guaranty
clause Of the Constitution which was read
by the gentleman from Ohio Good in
your presence.
That this proposition issound, hear an
extract from an article in the lnternatiOn-
al Review, contributed by Hon. r. NJ.
Cooley, II fOrmerSupreme Judge Of Mich.
igan, M author Of II standard book on
one branch Of law, and man Of Con.
sentative tendencies, on the guaranty
clause Of the Consultation. MOI being Il
Radical there Ia nothing like this to lie.
tract from the weight Of his opinions:
"a legislative body being the final Judge
Of the election and qualification OF its
members, any number Of its decisions he.
licved to bc unjust or crrOneOtls can fur
nish no excuse for interference; IL Is only
when n body Of men not constituting 4
Legislature in fact, assumes to lie such,
and performs the moCkery Of admitting
and rejecting members, that liz decisions
can he treated as utilities" {"
IL the.trtle Legislature "were restrained
BY violence, or overcome BY force or
threats, their appeal for external assist.
ance" Ito the Federal uOvernment)
"shOuld be as prompt ~ the cirCnm.
stances may admit, lest public acqni.
esccnce may introduce unnecessary tllfIi-
culties. We therefore say that while
there may be slich an tsirpatiOn Of the
whole State government, or al least Of the
political departments thereof, nS may
render the intervention Of the Federal
government imperative, yet after any
considerable delay, not compelled By
force, the presuhiptions" (of reposc or
limitation) "should be conclusive against
IT," ,.
On the part Of the htiy.two Republic.
ans there was not any delay In applying
for aid; there was not any bar Of fin,ita.
ton TO stop their appeal to the President,
II would have been d marked case Of the
Presidents protecting the de ytdcio govern
ment Of Louisiana from domestic vic.
ence. am not unmindful that the
ready answer--one Of lechniCality-will
In flat n hiImlpr NJ thn Cancer vniiVps