The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-13

mass of testimony. what does 4 exhibit;
ase eeeron s a6Qse pa cawns 70 rest
upon 1t io-mess chaos OF plots aud counter.
piots OF seethng passion, or inconsiste ncies: m
conarullies and absolute nullities. win nothing
real, nothing tangible, but irauo and force. Con-
CURING therefore with the conclusion OF that
must also hold that neither Kellogg
government nor the McEnery government can
and t8s think oaghs to dispose pose
OF the question OF Pinchback's rights under an
election resting upon the validity OF That govern
ment. I deny the rlgnt OF any one 10 claim ad-
mission here the ground merely or de
Jdcto STATE government wnch is found 70 be
and the people OF the State 1t ad-
mitted on all hands, Kellogg and his Legislature
could never have become a de Jacto government
or government OF any kind, and 1t
Is per ectly evident from the testimony
lad more OF the forms OF Regularity about IT, and
probably the majority OF votes, Jnougn reeklng
with fraud and not free from intimidation ana
possession Of the COVE nment anu constituted the
government de ,dcto But Tor the interference OF
had never been IN power; MS Legislature had not
yet assembled by whom votes for Governor nor
U %eFe his mad afen paes
when the federal Executive interposed
by military force on the alleged authority OF an
order from The United states District Judge, which
ali parties, at least all JurIsts and lawyers ex-
cept perhaps, the Attorney General, n mat con-
stItutes an exception admit to have been void,
and placed the Kellogg government in power and
kept 1t there. 1t was tnis and this alone, winch
gave 1t ncep ton, which placed and continued 1t
10 power and gave II its entire and only character
OF u government dc Jdcto. Having In THIS way
only become de Jacto government the Elk.
ccutlve could give 1t no additional sanction or
validity by recognizing iG as the de yttcto govern
ment, nor bind Congress or either house OF Con-
gress by sue recognitlon-fOr it was the recognl-
ton only oil his own ac.s-oi the government he
had instituted and set up, not OF one which ne
had found IN existence. The act OF 1925, which
has been claimed as making the acts OF the Execu-
tive equivalent to the action or authority OF con-
Sres can only have that eeS at a so a Nv as
and though that act may justly me
employment OF the military force to put
down lnsurrecton and domestic violence and to
pro iccc and keep IN power against insnrrectlonary
forces even merely de .rdctO government already
exising-upon which express no opinlon--it GER
tainy does not authorize nm TO create and lnstt-
tute a State government which had no previous or
other existence In fact or law.
The argument here urged in behalf OF Mr.. Pinch
back involves this very principle. principle
Dep artment OF this government the rights and
the power TO revolutionize every state govern
ment IN the Union, aud bind not only the states,
but both branches oil Congress. to recognize that
revolution. Such princple cannot be sound.
The arguments IN favor OF 1t begin in fallacy and
are endeavorlng to discover and apply
the truest principle which should govern the
Back as senator ana we are wise we shall act
upon no principle which we should not be willing
to see applied to our own states. For, as IN the
case of Individuals, no man can violate the rights
OF another without endangcring his own. SO we,
as the representatives OF States and their people,
cannot violate the constitutional rights OF
another State or It's people without endangcr-
ing our own States and our own people.
According to my reading OF the evidence and &C.
cOrdinR to the report made to this Senate In 1878
and those recently made 70 the House, the major.
ity OF the people OF Louisiana are opposed to The
Kellogg government and 10 Dir. Pinchback as
their representative in the Senate, and they
would, OF course, prefer beng unrepre sented to
pciny misrepresented and are not, therefore,
likely to complain Of any special grievance arising
from his rejection.
The Senate then. OF afpast two P. NJ, on mo-
tion OF MI. CAMERON, (rep.J OF Pa, went into
executive session. At q quarter to four O'Clock
the doors were reopened and the Senate adjourned
Ii tomorrow.