New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-09
NEW ORLEANS REPUBLICAN, TUESDAY FEBRUARY 9, 1875

the North to practice the o'essio,
of politics, who converted the others int,
tools; the debt of New Orleans is immensel,
increased and there is no public improve
ment to show for it; it is notorious n,
without bribery; it is not merely financial
misgovernment, but from the machinery
under the name of law to deprive the people
of the results of an election. Mr.. Fennel
filed letter containing statement of the
laws and gave history of the Eighth Dis
trict and Superior District Courts.] The
important cases of contest for judicial
office were to he tried by rule without a
| Jury before the Superior District Court. by
Judge Hawkins, a member Of the Kellogg
Returning Board, appointed by the Gov.
ernor to hold office till the election of Isl 6,
within twenty-four hours. and appeal to be
| tried within five days by preference over
| all other cases.
Mr.. Hoar expressed surprise that il
should be considered hardship not to have
| contest for Office tried by a jury, and said
he never heard of such case; and informed
Mr.. Fenner that in Massachusetts such
cases we're always tried by the court.
Mr.. Fenner continuing, spoke Of act No. Al
OF 1879, making it crime to pretend to
hold an office.
Mr.. Frye suggested it was crime all
over the country; for example, to act as a
justice of the peace.
Mr.. Fenner then referred to the act
creating. the Superior Criminal Court, re-
moving Jurisdiction from Judge Abel, the
most popular judge in the city, and chang
ing the entire jury law. The people hoped
to get control of the Legislature and reform
this, but the laws making it a crime to pre-
tend to be a member of the Legislature I'M
less returned by the board, and providing
that the Legislature should organize itself,
and the other laws quoted, prevent the
people from ever escaping from the net
work surrounding them. People may Come
here to make money and 60 away with it,
but will never come and identify themselves
with the people while such government
exists. Under such state of things it is
natural for people to turn to violence;
but the people have endured and refrained
more than could have been expected;
there is no intolerance of Republicans as
such, but because they are partisans of a
government which the people believe is not
only illegal, but corrupt; the people did not
think Governor Kellogg eligible; have not
examined the decisions OF the Supreme
Court as to whether Senator is an officer
of the United States or not: have never
heard of any intimidation except of colored
men who were disposed to vote the Con-
sentative ticket; the election was quiet; if
the colored people were not afraid they
would be deprived OF their rights they
would vote with the Conservatives.
To Mr.. Hoar-If the whites had undis-
puted control and there were no carpet
baggers board selected by the Senate,
composed Of men Of character and standing,
l do not think would be proper tribunal
for the trial of the case of a Treasurer elect;
it would be, under the law as it is, a danger
GUS power; it should be tried by court
with a jury; do not think the Democrats of
a jury selected by lot would vote for the
Democrat and Republicans for the Repub-
lican; there could not be worse tribunal
than could be chosen by law; the tribunal
should be responsible to the people and not
one chosen by the party by the people; a |
Jury chosen by lot would be better than a
board under this law chosen by Demo
cratic Senate or any other; if the five
chosen were all George Washingtons they !
might Go right; there is no responsibility |
after the board has finished its labors;
the law does not state that both |
parties shall be heard before it: 1 |
TO not think if proper judicial powers were
conferred on the board it would be better |
than a jury; the Democrats have had 10 |
control over the schools SO as to provide for |
the education Of the colored people; the !
majority of cOlored voters are unable to |
read and write; l do not approve of the leg |
station of 1866 and 1867 in regard to the !
negro, because it made distinction be- |
,ween whites and blacks; think this is not |
sufficient to warrant the teachings of the |
,olored leaders, because of the progress Of |
he people since; the recent events should |
,ot strengthen their belief; / disapprove of |
he Coushatta, and many things of the |
Grant parish and fourteenth Of September |
Ifairs; think we carried the election of 1872,
md were helped by colored votes; do not |
approve of the preamble 1--WE, the white /
peoples" approve of the organization OF |
White party, because it was with the dis
inct understanding that the rights of the
Olored people were not to be intertered |
With.
To Mr.. Frye-Don't know that the Lsgis-
ature OF 1865 made an appropriation for |
White and refused to make one for colored
chOols; l have no objection to the majority
f the oftenses declared in the election law;
idn'u understand that Governor Warmoth
pprOved the act in the interest of the Flu
ion party; the election of 1868 was peace.
BILE, but not fair; many colored people
oted who had no right to; they we're
dvised not to vote; did not favor Warmoth
Or the Senate; and never spoke to him
bout it; was in favor of the alliance be-
here would be frauds against us; don't
now that frauds were perpe,rated in 1872
gainst the Republicans, have no data
u the subject, and have never seen |
ny evidence proving Kellogg was cheated
ut OF votes; know nothing of the ad.
isory board; Governor kellogg APP
ointed Judge Atocha; can not say
uch about him; he has made
bod judge; don't know that the opposition
ur municipal judges have been appointed
' Governor. Kellogg; if lived in Massa-
,usetts or Maine would approve of ap- /,
,intments instead Of election of jsdges, !,
1t not here; the juries selected have been
'prOved by the press; do not know that !
10 printing expenses have been decreased
7 Governor Kellogg over two-thirds or :
at it is only $4,000 to $780, 900 in gold be- :
re; except the act creating the Superior ..
riminal Court all acts creating courts were :
yned by Warmoth or P:nchback: did not
low that Judge Abel in charge to the
ry justified the killing of $50 negroes at ..
Institute.
To Mr.. Wheeler-The eighth section Of I
e revenue act has been decided unconsti- e
tional and has never been enforced; the | r
)vernOr can not veto a portion OF bill | q
d approve the rest; don't think the Gov q
nor was influenced by malignity or igno- r
nee in signing the law. II
Hon. w. w. Howe, recalled-It was sug- +;
sted by Senator Carpenter that the Re- | [
rning Board was unconstitutional under a
ticle forty-six; the board returned fifty Y
IT Republicans and fifty-two Democrats ii
d lett the rest to the Legislature, and :,
is action was unconstitutional. q
Mr.. Frye stated all this was before the | T
nmittee in the briefs of counsel. n
General Campbell filed "History of the 3;
from clippings from Dem n
ratio papers; also report of the committee II
the conduct Of the election, with other q,
cuments, for the information of the | r.
nmittee. a,
Mr.: FRYE said he was requested to state n