New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-10


of tho independence Of the human in
tellect There is. perhaps, even . still
stronger illustration. The Democratic
majority in the House Of Representatives,
who are also judges Of the election returns
and qualifications of their members, have
seated six members Of Congress from
Louisiana, whose certificates bear the same
executive and official signature with that
of Mr.. Pinchback. This metaphysical
mystery is thus further complicated. We
have the unanimous opinion of the DEM
ocratic Senators that the credentials of q
federal Representative emanating from
the executive hand of Governor Kellogg
are null, while the unanimous opinion of
. Democratic majority Of the House Of
Representatives has decided that this
same signature is qualification for mem
bership in the House.
One thing is un..isputed. That there is
one vacancy in the senatorial representa-
ton from Louisiana. This presents diff
culties which, though obvious to our
mind, we do not propose to discuss. It
pres ents grave question of executive
duty, serious doubt of political action.
We shall leave it for the present to the
deliberation of those who are most con-
cerned in the decision.
In the meantime we have no hesitation
in asserting that neither Of those gentle
men who have contested Mr.. Picnhback's
claims to the seat can profit by his defeat.
We differ wholly from the New Orleans
Times, which has jumped to the conclu-
sion involved T. the following paragraph:
In the first place, respecting tho success.
sion, We do not see how the Senate can re-
fuse to recognize the validity Of Mr.. Eustis'
claim to the vacant seat-since the vote
yesterday proclaims in effect that the seat
has been vacant tor three years.
In the first place, the mere fact of q
vacancy no more gives title to an adverse
claimant than the finding that Stokes was
an intruder would authorize Nokes to
enter upon the premises vacated by the
eviction Of the intruder. A person, says
the common law, RECEIVERS possession upon
the strength of his own title, and not
upon the weakness of that of his antago-
mist. We do not consider the claims of
McMillen, if he had not resigned them,
would stand on any better footing than
those Of Eustis; for, upon looking at the
elaborate argument of Senator Edmunds,
upon which we may assume the votes of
the Republican dissenters were based, we
End it aimed exclusively at the want of
authority in the Legislature to which Mr..
Pinchback owed his election. He denies
the right of the State courts to forstall the
decision of Congress upon the quali6ca-
tons of its members. He neither re-
CARDS the compromise nor the lapse of
as affecting this high and
judicial duty. His argument vitiates the |
election of 1872 on one side as we'll as the |
other. Of the McEnery side he says:
l believe it is true that . majority |
Of the people of the State of Louisiana |
have been unjustly and unfairly deprived !
Of heir right to fair election.
Of the Kellogg side he says:
We know of no warrant to say that q |
body composed Of persons who failed to be |
elected members of the Legislature in |
their respective localities through fraud. or |
or tumult, or Whatsoever. may |
elect Senator Of the United States to this |
chamber.
From this impartial reprobation of both |
parties we infer that neither Mr.. McNIil-
len, claiming under 'the fraud, violence,
Or tumult" of the Democratic party, nor
Mr.. Eustis, who holds the credentials of |
. party. which ''failed to be elected" &C.
cording to Mr.. Edmunds, through the
exercise of fraud, violence or tumult,"
could receive the vote of Mr.. Edmunds, or
If any other Republican member who
7oted upon his argument against the ad-
mission of Mr.. Pinchback.
There seems to Us, then, a deadlock,
;ince the Senate will be debarred in COM
non consistency from seating any Sena-
or upon the credentials gra nted under
he election Of 1872.
There arises, however, curious ques-
ion as to whether this decision of the
Senate will be applied to the Representa-
ives from louisiana in the House of Rep
The argument of Mr..
1dm unds j. of no authority beyond the
senate Chamber. The decisions of our
state courts must be respected within
heir own Jurisdiction. The compromise
will be maintained by those who may
consider it an obligation of faith. The
House of r. representatives. has the exclu-
i've right to judge the qualifications of
is own members. The Senate has de-
ided for itself that q vacancy exists in
he representation from Louisiana, and,
we have construed Alright the judy
nent of the majority of that body, va
ancy exists which no claimant under
ither the authority Of the Forman DEM
cratic board or the Lynch Republican
oard is competent to fill, from the al
eyed Illegally of both these authorities.
his decision neither arrests the opera