The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-01-16
ALEXANDRIA, La, Jan. Z, 1876.

ALEXANDRIA, La, Jan. z, 1876.
Editor N. 0. Bulletin:
Dear Sir Your evening edition of Wednesday.
January 5, contains an editorial article on The
Apportlonment," IN which you call upon the
House OF Representatives to resist an appor ion
nent under the census returns OF 1875 to the last
extremity No one that is ut all familiar with the
history OF Louisiana for the last five years. and
OF the party that has been in power, will for
moment doubt that the census returns Of 1876
have been 80 manipulated as 10 largely increase,
apparently, the negro majority in this State.
The question is, how shall the Legis ature
make the superintendent that the Constitution
requires? Will it be governed by the census OF
1875? Will 1t permit Itself to be made an iustru-
ment for the preparation of fraud, by obeying
simply the language of the article Of the Consti-
sutton, requiring the apportionment to be made
under the census returns OF 1875, or shall it
trample the fraudulent census under foot, obey
the spirit OF the Constitution, and make a fair
apportlonment, giving to each parish a represent
ttnOn according to the actual total population 2
In dlsregardinS the census returns of 1875, al
Conclusive IN making the appOrtlonment, the
Democratic members Of the House and Senate
will find precedent in the action of the Repub-
hcan majority that made the memorable appor-
lionment OF 1871, under which the Radical party
have held power in this State ever Since
1t may be well to give short history as to how
that superintendent was made, in order that it
may be fully understood. There was in 1870 q
joint committee of the Senate and House of Rep
the recess Of The Legislature, and make the ap-
portionment in accordance with tho census re-
turns OF 1870, it being the ninth census of the
United States, taken by United States Marshals.
The committee alter several months delay, and
at great expense to the State, made their n port
to the Legislature in 1871, doing all that it could
to benefit the Republican party. After carefully
scrntlnzlng the report. and counting up the
number OF Representatives allowed each parish,
the leaders Of the Republican party saw that it
would. WAa aIa
give Democratic majority in the next House
and Senate.
81 the report Of the committee, the positive
mandate OF the Constitution, and the United
States census OF 1870 were utterly ignore and the
Republicans proceeded to make al arbitrary ap-
portionment, that gave an unfair and illegal re-
presentation to those parishes in the State that
We're considered Republican, reducing at the
| same time the representation of those that were
considered Democratic As an example OF the
unfairness OF that arbitrary apporti0nment, the
parish OF Ouachits with IL 500 population, was
awarded two Representatives, it being considered
Republican parish, while the Democratic
parish Of Claiborne with over 81 900 population,
was awarded only two. / quote these figures
from memory.
During the discussion Of the Apportionment
bill in the Senate, John Lynch, then one Of the
leaders OF the party, as senator from the Madison
District, declared that the census Of 1870 was q
fraud, and that he would not be governed by it,
and his Senatorial district was arbitrarily appor-
the population that the Democraticl Senatorial
District OF Claiborne had, and which was awarded
also two Senators. MIR. John Ray, then of tho
Senate, declared that, il the Legislature made
an apportionment that was not in accordance
with the text Of the article of the Constitution
requiring it, that its action not subject to re-
visal by any OIher authority. This was said in
reply to a threat made by the Democratic MEM
beers OF the Senate, to bring the question before
the courts.
MIR. Rays position in this was correct, as the
judicial branch of the government has 10 au-
thority to inquire into revise the action OF the
LIZ gislature on questions left to its discretion.
When the Constitution imposes duty exclusive
ly on one branch of the government, the other
two cannot inquire into the manner in which it
has been performed. Instead then, of obeying
article 20 OF the constitution which required that
the appOrtiOnment Of the State shall be made on
the basis of the census Of the United States for
the year 1870" the Legislature of 1871 adopted
the apportlonment made by the Constitutional
Convention of 1868.
And on what basis did the Constitutional Con-
ventlon OF 1868 make its apportiOnment for rep
resentstion? On the basis OF the total popula-
ton OF the parishes? NO! But it was the
same as that fixed by Phil Sheridan in 1867,
when he ordered an election for delegates to the
Constitutional Convention under the reconstruc-
ton acts The apporti0nment Of Sheridan was
not made either on the basis Of the total populs-
ton, but on the aggre gate number Of registered
voters for each parish. The registration Of 1867,
3
large number Of the white voters Of the State
we're DISTINGUISHED, and equally as large, if not
larger number, refused to register at all
When the apportionment OF 1871 WAS made so
great and transparent was the injustice done that
Gov. WdrmOth refused to sanction the act by his
approval, but it being a party measure, he
lodged the question and permitted it to become
law by the lapse OF time.
Thus, the white people OF Louisiana have been
for years, by this and other means equally az I'M
q frau6upnk NJ rio nj
lty in the Legislature, and our Democratic mem
beers OF the House would certainly be remiss in
duty if they permitted this fraud to be longer
practced ON their constituencies.
But, if the Radical trick 50 thin as the GEN.
sus Of 1875, be declared fraud, az it is known to
be, and the appointments Of 1871, 1868 and
1867, were illegal, and fraudulent az they GER
tanly were how will the apportonment by the
present Legislature be fairly and legally made?
In my opinion, under article 20 Of the State Con-
etitution, the Untnd States census OF 1870 is tho
only true data upon which the Legislature can
base its action. That article declares In case
OF lniormahty, omission, or error in the census
returns from any parish or election district, tho
General Assembly may order new census taken
in such parish or election district but until the
State census OF 1875, the appoftionment OF the
State shall be made on the basis OF the census OF
the United States for the year 1870"
Now if the census Of 1875 be informal, errone-
Gus or fraudulent to that extent that it can not
be Justly made the basis OF apportionment, it
should not be considered as yet complete, and
the Legislature should provide, under the Con-
stitution, for new census. This new census can
not be taken before the adjournment of the pres
emit session, therefore the apportionment under
the Constitution shall be made on the basis OF
the census Of the United States for the year 1870"
The Republican party has established but few,
il any, Legislative precedents in this State worthy
of imitation; but in this particular instance the
Democrats are, perhaps, justifiatle in pointing to
the action OF the Legislature OF 1871 and while
they do not adopt it as guide use it as means
Of defense.
Pardon me for this letter, as | have no desire
to bring my views before the pablo, and should
not have written thls the ia It's stated, Of which
l have personal knowledge, had been known To
the present Democratic members OF the Legis-
lature.
Very truly your obedient servant,
W, 3,