The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1876-03-17
do by the language of the constitution,
and carefully. 1t was impos-

diligently and carefully. 1t was impos-
sible to escape this, and the Senate must
face the music. The Senator from Indi-
ana had admitted that it was pertinent
and proper tomake this inquiry, for he
had twice made the motion to refer the
credentials for examination.
Mr.. Edmunds then said, as inquiry
must be made into the character Of thia
Legislature, what were the circum-
stances which attended its organixa-
tion-assembfed on the order of the
United States Judge, with the United
States Marshal and soldiers with cross.
cd bayonets allowing none other to
enter. 1t might be that the members Of
| this Legislature would have been elect
ed if all the people who wished to vote
for them had been able to cast their
ballots, and he believed they would
have been the best. The constitution
of Louisiana requires II majority of the
votes actually cast to constitute q choice.
and not majority OF those that might
have been cast. He then said the
constitution of Louisiana did not confer
upon any Returning Board the power
to certify the election Ola Legislature,
except from the possession OF certain
papers, and yet every one knows that
that the board which certified to the
election OF this Legislature had not n
single one of those papers before it.
The ccrtitiuate made up of the election
of this Legislature was in direct defiance
of the statute. lie said it was very dis
agreeable for him to be forced to the
conclusion Mt which no had arrived. but
the constitution and the laws of Louisi-
ana admitted of no other conclusion.
If the constitution and the laws Of
Louisiana said that those who ought to
nj 81, IL
Legislature, then he would have no
trouble on the subject. No one had
ever claimed, not even the Senator from
Indiana, that this body of men were
elected by the majority of the votes
cast, or even offered. He discussed ut
some lenght the decision of the STU
prcIne Court of Louisiana, which he
said his friend from Indiana had fallen
back upon, aud which was the strong
est ground on which his friend could
rest. lie read from an opinion of Chief
Justice Marshall that the United States
were not bound by the decisions Of
State courts. If the Supreme Court of
Louisiana was composed OF men Of
spotless integrity and of transcendent
| ability, even then we would not be
bound by their decision. lie maintained
that the opinion Of itself was not sound,
and he denied, as had been alleged, that
the Supreme Court of Louisiana had
decided that this Legislature was a
legal body. 1t had said it was bound to
take notice who constituted the poll
ical government OF Louisiana. Of
course il was bound to take notice. 1t
found this body of men in full possess
sion of all the Legislative functions. But
the decision of that Supreme Court did
not help this case at ull. The States
lately in rebellion had Legislatures In
the exercise of all the functions that
pertain to such bodies; their acts had
been declared valid over and over by
the Supreme Court of the United
States. and yet no one would say that
| the credentials of Il Senator elected
by one of them to this body would have
| made Il prinn filcie case. 1t has been
said that the lapse of time had strength
| ened this case. lie could not see this.
IT pinchback was not cOnstitutionally
elected on the 18th day of January, 1873,
how could the lapse of time make his
election valid? If this idea is to pre-
vail, then, if those on the other side of
this chamber should become the major
ity they might declare that the Nc
Emery Senator was elected. He urged
that the Senate should not be drawn
one hairs breadth from the fundamen-
tai letter of the law, not to take that
| first fatal step which had been the ruin
of other governments and other people,
sacrificing principle for expetliency.
ALADY PROPOSES.