The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-12
# 81 Communicated
FUNDAMENTAL PRINCIPLES.
No Returning Board, No Partisan Court,
Can Constitute kellOgg Right

full Ruler.
This Is true liberty. when freeborn men
Having to advise tho public may speak Tree;
Which he who can. and Will. deserves hlgn
praise. -,
Who neither can nor will, may hold his peace.
Whit can be jt,ster in a State than this -
The Constitution Of the United States,
article l. section s, declares Each
house shall be the judge of the cleo
tions, returns and qualifications OF it's
own members" and the constitution Of
every State in the Union contains SINH
lar clause. The clause in the coTstitu
ton of Louisiana on the subject is title
II. article "a: Each House of the Gene
raj Assembly shall judge of the qualifi-
cations, election and returns OF it's mem
bers, but q contested election shall be
determined in such manner as may be
prescribed by law"
The latter portion of this clause is
auxiliary to the power vested in each
house by the preceding portion.
The power then stands a. 1t does under
every American constitution. 1t is Of u
complete and exclusive character. 1t
cannot be deputed or transferred to any
other person or number of persons. 1t
is a power intrusted by the people to
tie members of each house as their rep
resentatives, their chosen and honored
servants acting in their stead, the faith
full guardians Of their rights and liber-
ties and it is wisely SO iDtrusted. The
popular integrity or true republican
composition Of tho Legislative body; its
independence, purity and very existence,
depend upon its faithful exercise. Judge
Story. la his commentaries on the sub
ject of the power under consideration.
saws, section S31 'It Is obvious that q
power must be lodged somewhere to
Judge of the elections, returns and quail
itications OF the members of each house
composing the Legislature; for other
wise there could be no certainty as to
who were legitimately chosen members,
and any intruder or usurper might claim
seat, and thus trample upon the rights,
privileges and libeties of the people. In
deed elections would become, under such
circumstances. a mere mockery; and
legislation the exercise OF sovereign
ty by any self-constituted body. The
only possible question on such subject
is. rs to the body in which such power
shall be lodged; il lodged in any other
than the legislative body itself, it's indie
pendence, its purity, and even its exist
ence and action may be destroyed or
put into imminent danger. No other
body but itself can have the same mo-
tives to preserve and perpetuate these
attributes; no other body can be SO per-
pctually watchflll to guard it's own
rights and privileges from infringement,
to purify and vindicate its own charac-
ter, and to preserve the rights and sus-
tain the free choice of its constitu-
ents. Accordingly, the power has always
been lodged in the Legislative body by
the uniform practice Of England and
America
It thus appears that each house of the
General Assembly was, for good and
sufficient reasons made by the trainers
of our American constitutions Federal
and State-the judge, the sole and ex-
elusive Judge, of the qualifications, cleo
| tons and returns of it's members.
Now, the constitution of the State is
of paramount authority, and none of its
provisions can be changed or dispensed
with except by an amendment made in
conformity with its express provisions.
No change having been made by any
amendments of the constitution Of Louis
lana of the clause declaring each
house the Judge Of the qualifications,
elections and return of its members, the
clause remains Of full force. Any at
tempt to supersede and set it aside, rnd
confer power upon any individual, or
any number of individuals, is subversive
of the constitution, and Of factious
and reasonable nature. If the attempt
were made by arms it would unques-
tionably be reasonable, and ii it be
made under the less manly and specious
pretence Of public expediency, it is Of a
meaner and not less odious character.
Necessity or expediency is ever the
plea of faction and tyranny.
It is also to be borne in mind that each
member of the Legislator, before en-
tering upon the duties of his office, is
bound to take the following oath or af-
firmation. ICON. La, tit. vi, art. 1901
Il "a. b. do soemnly swear Cor affirm that !
accept the civil and political equality of all men
and agree not to attempt to deprive any person
or persons. on account of race, color, or previ-
privilege. or Immunity enjoyed by any other
class of men: that | will support the C0nstitu-
ton and laws Of the United States and the con
stitution and laws of this State; and that will
faithfully and impartally discharge and per-
| form all the duties incumbent on mo rs ---,
according to the best of my ability and UNDER
| standing. So help me God"
Thus the sanction of religion comes in
aid of the obligations of patriotism and
liberty, to afford the highest and strong
est safeguard for the maintenance Of
the constitution. Such was the wisdom
and caution Of our ancestors.
The illegality Of what is styled the
Wheeler adjustment is justly chargeable
to both of the parties to it-parties, by
whatever names they may call them
selves anti-republican in overthrow
ing the fundamental principle of liberty,
the right Of the people to choose their
own rulers. .... .I.
BY that adjustment, representa-
tives certainly elected by the people of
several Of the parishes of Louisiana,
were set aside, and persons not elected