New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-14
Nrv 0RTrANs REPUBLICAN, FRIDAY. JANUARY IA, 1876

Of jackson, suddenly started up in the
House Of Representatives and moved that
the House do now ploceed to elect SEN
ator of the United States. A substitute
offered by MI. Walker. reciting by way ola
preamble. that q vacancy in the senatorial
representation existed by reason of the
illegality Of the election Of Senator Pinch
back was ruled out of order, and the mo-
ton of Mr.. Kidd adopted without even
explanatory debate.
The Republican members of the House
refused to participate in the vote. or to
re cognize the validity of the proceedings
under which it took place.
On Wednesday, during the session OF
the Senate, q number of its members,
without order of that body, repaired to
the House Of Representatives, elected q
President pro tenn. while the President of
the Senate was attending the regular SEES
sion, and filing in with the members OF
the House, added their votes to those OF
the Democratic members of that body.
To call this 'joint" session Of the two
bodies, as contemplated by the law, would
be absurd. To admit that seceders from
the senatorial session could legally elect a
presiding officer, and bind the Senate by
it's acts, would be to sanction any act
which political faction may find neces-
sary to execute its predetermined pur-
poses.
This is another revolutionary measure,
based on the violation Of the Wheeler
compromise. If the State administration
is ever admitted to be legal de facto, if
the credentials under which the Demo-
ratio members have been admitted to
seats in Congress are valid, then the
election of Senator Pinchback, SO far as it
depended upon the formal authority of
an act of Legislature, is valid. Nor could
he be deprived of his seat unless by i'm
parchment Of title in the Senate. Indeed,
this very question has been RENTED to
Congress by those who contested the le-
gahty of his election. It has been re-
Gently impressed upon Congress by me-
mortal of the Democratic State convention.
The Legislature whose term of service
expired in 1874 is beyond the control of
its SUCCESSORS, who were chosen under the
same authority with itself.
The present Legislature could not in
validate one act without annulling all that
the Legislature of 1924 had passed.
Senator Pinchback then stands on the
record as Senator elect whose term has
not yet expired. Himself and his con-
stituents have vested right in the ap-
pointment, nor can he nor they be de-
prived thereof except by action of the
body to which he is accredited. He can
only be reached through the action of the
body of which he has been elected MEM
Der. His constituents may instruct him
to do particular legislative act, but he is
under no legal obligation to do so.
Whether he is Senator or not, the Sem
ate will decide.
That this is deliberate violation of law
and good faith is shown by the parallel
action Of the State of Alabama upon an
exactly similar question. Senator Spencer
has been charged with obtaining his Office
by improper means. Does the Legislature
of Alabama assume to declare his seat
vacant They adopt the report of COM
mi.tee Of investigation, finding him un-
worthy to represent the State, and "6nd-
ing also that he was not legally elected, "
nor was he ever voted for by body
s'having a quorum of elected members,
or quorum of certified members" The
Legislature of Alabama did not upon this
double conviction of immortality and lille
calitv declare his Office vacant. It GER
tilted this finding as testimony to be used
in an inquiry by the Senate into the cleo
ton. qualifications and returns Of its own
members.
The Republicans have done we'll in our
opinion to resist this revolutionary and
faithless action. They can hold their po-
sition, and should do so with calmness
and courage until the country shall come
to their assistance and protection. The
subsequent proceedings essential to con-
firm the action Of the House will efectu.
ally check this sudden, discourteous and
violent attempt to capture high and
honorable Office. We have no fear it will
effect anything more than to make the
Republicans more vigilant, and furnish
Il = xno,,lo NTH another nr00f of laXleSs