The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-03-17

slppl to admit Plnchback because he WIS a
representative colored nan might be con-
sidered, but as he (Edmunds) read the Con
sltution the Senate had no such power.
The power of the Senate was to decide il
the applicant had been legally elected. The
mission OF the Senate was one simply to de
clare and one whose moral was the essent ial
reverence for truth and for law, which was
the only security FIR liberty in this or any
other free government.
Mr.. Eimunds then read from the Corstitu-
tuition of Looisisn the clause prescribing
mat the returns of elections shall be sent 10
the Secretary of S ale and by him to the
Legs AZURE to he cauvassed, and argued thai.
1t was the original returns which the |. Sisla-
ture must canvass and not the returns made
up by any board.
The language of the Constitution of I4oaisi-
ana upon this su ject was almost the same as
that IN the Constitution Of the United States
touching tie count OF the vote for President
and Vice President. What would be thought
OF that statement? Who by law would attempt
to declare that the vote OF the electoral coll. &c
instead Of being sen, to the Vice President or
President of the Senate, should be sent to q
returning beard to be appointed by the Presi-
dent Of the United States and alter that re-
turning board should find a result
which they believed to be correct, they
should turn il over to the President for the
action OF the Senate and House to find out
according to that return who was pre+idt Mt
and Vice President OF the United State? He
(EdmundS) would have no difficulty in saving
that no matter what Returning Board had
declared the Legislature which elected Pinch
back was the legal Legislature of the State, it
was the duty OF the Senate to know whether
that Legislature was composed of persons re-
turned elected according to the Constitution
OF Louisiana or by some intermediate body.
He then read from the law Of Louisiana
the Returning Board aud said the
duty OF such board was to honestly make
result OF what the original returns from the
polls showed. Under the twenty ninth section
of the law organizing the Returning Board,
they had the power to set aside all returns
from any particular parish or precinct where
it was proved that violence existed but the
board had no power to change the vote OF
such parish or precinct.
The law itself gave the board 10 power to
tamper with the returns Ipou its own judy
ment. The liberties of the State would be In
a rather hopeless condition if the deterniina-
ton of the PEG lie az to who should be their
rulers was to be contided to any body of men
whatever. The law, recognizing the Return
ing Board, declares that the beard should
certify to the Secretary of Sta'e the names of
the persons which the returns from the polls
show to be elected. When an examina ion
Was made in this case, it would be seen that
he board, which returned the men Us mem
oers of the Legislature which elected Pinch
pack, never had any returns from the polls
,efore them.
1t returned these men as elected solely upon
which they received from @reat
'ariety of sources. Dir. Edmonds thea read
rom the testimony before the committee as TO
he action of the Lynch Board, ana 5 id he
veil understood how men thinking that tEty
we're upholding the Republican party, the
,arty Of law and order, would Wink at thing8
shlch they would severely condemn if com
nitted by their opponents. II such depart
Ire from law We're 10 he condoned, there were
10 security for Liberty or right Of any kind.
lie could not palliate such l.wl5 IS proceed
ngs, even such as the Senator from Missls-
lppl (Alcorn) claimed.
The product of it all was a gentleman be-
onging to a race which, at this time, ii was
ur policy to conciliate. The action Of tho
lynch Board could lind no warrant in the
aw or Constitution of Louisiana.
He then referred to the action of Judge
)urrell, and said there was no getting a way
rom the unpleasant fact that the body of men
which elected Plnchback were gotten together
y system of contrivances which he ed !
nunds) thought it safe to say were without
arallel in the history of this or any other tree
ountry. The Senate was not trying whether
he credentials of McMillen were good, or
whether McEnery was legal Governor.
1t did not follow that because some other
'ody of men acted as badly as the Lynch |
5oard that the claimant now before the Sen
tie had any rights The question was
whether pinchback was elected by the real
nd constitutional Legislature of Louisiana.
t did not help the Senate to believe, as he |
f lmunds) believed, that the election in |
louisiana IN 1872 WIS carried by systematic |
nd vigorous system of fraud and intimida-
ion. The Senate would violate its duty and |
'ecome a party to revolutionary and iraudu-
ent proceedings the moment it puts is seal
# approval on them By admitting this appli- |
ant
Mr.. EdmundS further referred to the action |
# the Lynch Board in returning men as
lected from their knowledge Of how the !
'arl8hes had voted IN previous years, and /
aid he would like to be returning board to
eturn members for the next House OF Repre-
entatives. He might be guided by the fact
hat in a majority of the Congressional Dis
ricts of the country, for some years past,
here has been Republican ma 0rlties, and,
ovGrned by such TACT, he could put :. very
espectable Republican maj 'rity IN the next
louise, but he did not think such thing
rouli be done.
1t would shock everybody. government
t liberty had its chief cornerstone in reyer-
nee for law, and when any bodysof men
aving charge OF the government cast loose
,om that they would have revolution, and
10 guillotlne, as in France; tumuts and
irorder of every kind, as in Louisiana. be-
des the tone of respect for the law would
e lowered when people only respected law
ecause it was backed by power; they would
cry soon either become the affect slaves Of
tyrant or would produce an expression
Inch would carry them to anarchy, and the
publican party had stood by law and insist
1 that their Southern brethren should stand
y it also.
Let the plrty be careful that it did not
lake an ex ,ln pie now worse than the South
id ever given. In one sense the Senator
ON Indiana Morton) had argued tina. the
enate was estopped, as the lawyers say by
le decision OF the Supreme Court Of Louis
na He (Edmonds) differed from the Sena-
n from Indiana The Constitution of the !