The daily gazette., 1876-01-12
The Mississippi Case.
From the Louisville Courier r-Journsi.

/
From the Louisville Courier,Journai.
It. would be difficult to exaggerate
the importance of the resolution of
Senator Morton, now before the Senate
providing for an investigation into the
recent election in Mississippi. The
question involved is by no means an
ordinary or superficial one. 1t strikes
deep into the foundations of our gov
ernmental system, and it is Of the first
Importance that the country be advised
| of the issue involved.
1t is alleged by the Indiana Senator
that, by reason of fraud and violence,
citizens of Mississippi were denied
their right to vote; that the enforce
ment act was violated: that reign of
terror was inaugnrated, and that, in
consequence thereof. Republican
majority of $4,000 votes was overcome
at the last election and Democratic
majority of 49, ,00U substituted. To sus-
tain these assertions he says he has in
his possession private letters and affi-
davits from aggrieved citizens who
have been thus unlawfully deprived of
their privileges, and who seek through
him redress for their wrongs before
the Senate of the United States.
| 1t is understood that Senator Morton
relies upon two clauses of the Consti-
tuition of the United States to justify
his motion, and it may be well to ex-
anime them, il for no other purpose
than to show how shameless and vi.
cious is this Radical high priest of ma.
lice and hatred. The first clause re.
lied upon is that each house of Con.
gress "shall be the judge of the elec.
tions, returns, and qualification of its
members" Though this language is
as explicit as any that could be
adopted, it is tortured by Senator Nor.
ton to mean that the Senate Can Judge
of the qualifications, not only of It's
own members, but OF those of the low.
er house of Congress. When before
was such position assumed by q
Senator of the United States? Nc
Senator has been elected from Missis
sippi, and NO credentials have been
presented. Members Of the lower house
have indeed been chosen, but as leach
house shall be judge" of the election
} of its own members, the lower house
can alone act upon their credentials.
: Morton, however, wishes the Senate,
acting as a separate body, to take
proof and determine whether mem.
bers of the lower house were legally
, elected. 1t may not be credited that
such is the position assumed, but the
logical conclusion is inevitable.
The second clause relied on is that
which provides that "the United
States shall guarantee to every State a
republican form OF government, and
shall protect each of them against in
vasion, and on application of the
Legislature or the Executive (when
the Legislature cannot be convinced)
against domestic violence" 1t cannot
be maintained that the Government of
Mississippi is not republican in form.
1t cannot be maintained that tLere is
now domestic violence. 1t is matter
of history that, pending the canvass,
the recognized Governor of the State
petitioned for troops. The President
referred the application to the At
torney General, and after the most
lcarcful examination of the case by
that Official, he decided that the occa
sion, had not arisen to justify such an
interference. On the contrary, the
Governor was told that when he
lshowed a condition of facts in which
military force could be exercised by
the Federal Government to sustain q
State and its executive, it would be
furnished The culprit was struck
dumb by the proposition, and in fail
ing to respond virtually confessed his
Inability to present such a state OF
facts, and no troops were sent. This
was done, too, after the most searching
| ,rt 4, condition Af Msoe.c,.,.
pi by the agents of the Department of
Justice, and their report is now with
in reach of Morton, who refuses to
rely upon it, but accepts instead the
malicious differences of irresponsible
rumor and the calumnies of dIsreputa-
BILE Adventures.
But conscious that position so
false can not be maintained before any
body of men having claims to either
intelligence or decency, he also at
tempts to justify his motion upon the
ground that the newly elected Legis-
lature of Mississippi will be called
upon to elect a United States Senator,
and that as an investigating committee
visited Louisiana to investigate the
election in that State, one can legally
be appointed for Mississippi. There
is no similarity whatever between the
1.-TWO cases. The official returns from
Louisiana showed that McEnery was
elected Governor and his associates to
the heads of the departments of the
State. By an illegal order of Durell,
and the armed intervention of Federal
troops, those official returns were ut
terly disregarded and Kellog installed
as Governor. There were two persons
claiming to the Governor. There were
also two Legislatures. Each Leglsla.
ture elected Senator. The President
recognized kellogg and his Legislature;
but this decision was not binding upon
Congress. He admitted this fact in
his message, and called upon Congress
to decide finally which was the legal
government. There were two rival
Senators knocking at the door of the
Senate. Here is an extract from the
| report
The Committee on Privileges and