The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-01-13
THE SENATORIAL ELECTION AND IT'S
RESJ1UTN.

RESULTS.
The election Of Hon. J. D. Eustis as
United States Senator by the Legisla-
ture, on Yesterday, was an act that
must have n vital bearing upon the
solution OF our difficulties. 1t not only
was perfect decision against the claims
of the Kellogg government. but 1t was
d perfect decision by the political de-
partment of our State government In
favor Of the McEnery government.
The only Legislature that pretended
to make canvass OF the votes for Gov
ernor and Lieutenant Governor in 1872,
and there1pon to declare Kellogg and
Antoine elected, was the so-called Leg
islature that was organized under the
midnight order" OF Judge Durell.
That body, in January. 1873. went
through the farce of compiling the
statements that were furnished by the
Lynch Returning Board, and there
upon declared Kellogg and Antoine
elected. rn. EH go q
The members of the Lynch Board had
not a single official return before them.
and the statements furnished by them
to said Durell Legislature were flcti7
tious and suppositious throughout; but.
nevertheless. said Legislature, which
President Grant protected, made such
declaration. 9
The same Legislature elected Pinch
back United States Senator, rice KEEL
logg resigned. That person has never
been rejected nor seated by the United
States Senate, nor has he resigned his
claims or withdrawn his credentials.
Ii there is a vacancy in the United
States Senatorship from Louisiana.
Pinchback has not, by any act
of his, created that vacancy. II he
was elected by lawful Legislature he
is the Senator, and there is no vacancy.
And yet the majority Of oil the acting
members of the present Legislature
have treated the Office Us vacant, and
elected Mr. Eustis to fill the vacancy.
Now, what else can this be but the
solemn Judgment of the acting General
Assembly that the Durell Legislature,
which not only elected Pinchback Sena-
tor but declared Kellogg and Antoine
elected Governor and Lieutenant. Gov
ernor, was without legal capacity, was In
fact not Legislature at all? There can
he no doubt of the truth Of this posi-
ton, for If the usurping Legislature was
without authority to elect Senator, it
was also without authority to declare
the election OF Governor or Lieuten-
ant Governor. It follows that no Leg
islature has ever declared Kellogg's
and Antoine's election, or pretended
rejection, and therefore their claims fall
with the Senatorial claim of Pinchback.
Article 4s OF the State constitution is
conclusive as to this position, and, I'M
der this article, the General Assembly
is the paramount political authority, in
the State. as to the question involved.
The second position assumed is equal
ly tenable. In January, 1873, the law
fully elected Legislature Of the State
elected Hon. W. l.. Mcmillan to fill the
vacancy i'm the United State Senate,
occasioned by Kellogg's resignation as
Senator. There was a quorum Of MEM
bers in each House. Messrs. Mcmillan,
Campbell, Thomas, Daigle, Hunsacker,
Swords, jerks, Todd, holland and other
Senators holding over from 1870. or con-
coded as elected by both Returning
Boards in 1872, composed the Senate,
giving an undoubted quorum, while in
the House there was also quorum Of
members unquestionably elected.
Mr.. Mcmillan was elected by this
body. In December, 1875, he resigned
as Senator, and under art 1, sec. 8, of
the Federal Constitution, Gov. Me-
Emery, who in January, 1879, was de-
clared elected by the lawful legislature
OF the State, upon an actual canvass Of
the same official returns Of the election
OF 1872, and who had been legally inau-
gurated, and who acted until prevented
by Federal force, and who has never
relinquished his rights as Governor Of
Louisiana, appointed Hon. r. II. MARI
to fill the vacancy occasioned by Mr..
McMillan's resignation. Mr.. Mars
credentials were filed in the Senate, and
there they remained. According to the
| ttlticlt L, StC. d id5U dbDNC Ciocu, WHICH,
provides that +" il vacancies lin the
Senatc) occur by resignation, or other
wise, during the recess Of the Legisla-
ture Of any State, the Executive thereof
may make temporary appointments
until the merit meeting Of the Legislature,
,rhich shall then Jill such tancancies."
Senator Mars term expired when the
Legislature met, and now the vacancy
in the Senate has been filed by the Lee
Gislature by the election Of Mr.. Eustis.
BY this election Pinchback's pre-
tended election is wholly ignored; nay,
| is treated as absolutely null and void.
Pinchback and Kellogg base their
claims on the action Of the Durell LEI
lgislature, and decision against Pinch
hack is decision against Kellogg, and