New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-14
TIE REFLECTION OF SENATOR PINCH
BACK.

I | AuS dCtlOU VI tuC OCuCAdA 1AooOAAAUAS
formally reafirming the election of Sens
tor Pinchback has plunged the P;cayu'
into deep philosophical study. out {
. which the proposition is evolved tia
nothing is, but what is not" We wi
state the basis of our contemporary pre-
found reflections:
Tho spurious Legislature now sitting j
; the State House resolved to go into an cleo
ton for United States Senator aud NOM
mated Pinchback. There is but one occasion
tor such an election. and that is the occur
| renee Of vacancy. 1t is immaterial how tn
vacancy may be caused-whether by death
1 BIZ +. sig nation. by expulsion. by the expira
ton of the term Of an incumbent. or by tn,
rejection OF the person claiming to b,
| elected. But there can be no valid election
except to til! q vacancy either actual or pros
pective. 1t follows that an election O.
United States Senator by the Kellogg Leg
islaturc is the admission of the existence Of
! 3 vacancy. and an admission. likewise. that
the election Of 1873 was invalid. 1t is d
confession that, whatever views the mem
bers may entertain in regard to their
present organization, that Of 1878 had nc
right to elect United States Senator
which is equivalent TO q confession that it
was not genuine Legislature.
As the present Legislature is spurious. :
according to the Picay,,ne. We can not see
that any ''admission" it may make can
have force one way or the other. It GER
tainly does not accord with reason that a
spurious Legislature can invalidate the
acts Of one of its predecessors or pass
upon them in any manner. We must also
deny to such > body the function of de.
terrnining whether the election of Senator
in 1873 was valid or not But we may
assume. perhaps. that for the purpose of
determining the senatorial question the
Picayuns will admit the competency of
the present Legislature. as to deny it on
this specific question would be to dis
credit its own witness.
Let us then examine into the causes of
the alleged vacancy in the Senatorship.
which may be sufficient to create il. 1t
will be conc eded that Mr.. Pinchback has
not resigne d: that the term for which he
was elected has not expired: he has not
been expelled from the Senate. No
matter what may be the individual views
OF Senator's, his admission has not been
denied on account of the incompetency
of the body that elected him. Whatever
may have been the difficulty, therefore. it
was Of such character as did not affect
the validity of the Legislature of 1873.
nor is there anything in the proceedings
Of either House of the present General
Assembly that calls in question the entire
competency of its predecessor of 1875 to
elect Senator. The fact that there is
some dispute about il. which has resulted
in depriving Louisiana of Senator for
two years. is recognized and de-
clared in both Houses to exist, and
the proposed action is taken for
the avowed purpose Of settling all
doubts. and reafirming in formal |
and solemn manner the election of 1873. |
In our Judgment. the action of the Gen.
eral Assembly just taken can be inter-
preted in either of two ways. It may be
held to cure any defect Of form in the
action of the Legislature OF 1873. or it
nay be co nstrued as a new election to fill
. vacancy At all events. it is q solemn
expression Of the legislative will. and is
entitled to profound respect. without re-
erence to the act Of any former Legis-
allure. It is an admitted principle Of
'arliamen tary law. fully recognized in
america, that one Congress or Legisla-
ure can neither make rules to bind its
successors nor can it censure its prede.
essors. Hence the repeal or amendment
f a law is not regarded as reflection
pom the body that passed il.
1t happ ems in the present case that Mr..
'inchback is the choice of the Legislature
,r Senator. as he was the choice of that
1873. Another man may have been
elected with entire legislative propriety.
lough the choice Of the same candidate
aries with it moral force which might
ave been wanting perhaps if another man
ad been named for the position. He
as been freely offered the highest posi-
on in the gift Of the Legislature. TO ,
hich. in our judgment. he has now a
ouble claim. II he is again refused ad-
ittance it must necessarily be upon the ,
vowed ground Of the incompetency Of {
le Legisl atures which now virtually as
INES the shape of party question be- $
re the Senate with an almost absolute O
rtainty Of an affirmative decision. BE. I
re Mr.. Pinchback's reelection his case +
as pending before the Senate. The y
lestion was still! an open one. He has I
,ver been 70 rmally rejected. nor has the o
pacity of the Legislature of 1873 ever b
en denied by the Senate. True, there S
IS been two years delay. without good t,
ason, as we believe. The issue ought to h
We been determined at the first session Ii
the Forty-third Congress. For by this i,
lay State in the Union has been de. Fl
ived of its equal representation in the b
nate, and the Senate itself is largely to I,
lme for it. Aprecedent has been estab. II
he'd of delay for two years without If
y cause being formally assigned. 1t W
" hereafter be easily enlarged to six or ",
indefinite number of years. IL
Let us suppose case. The Democrats
We been gradually warming into exist
&C during the past two years. They
We already made some gains in the e'
nate. and hope to capture that body by ~
arch. 1877. But suppose the Repub- q
ans adopt a rule To v;rtuaI,v ref,,se a.. til