New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-01-13

Quo Gun TAU t00 bp00C0eo VI oA-0o0oSO4
Schurz. or of Senator Stamps, without
being Impressed with the fact that immi-
grafton and emancipation have added
greatly to the ability and resources of tho
republic.
LEGIHLATIvE STULTIFICATIOH
The attempt by the House of Repre-
sentatives to elect United States Senator
is another of those false moves on the
political chess board for which our Lou
isiana Democrats have become prove,bial.
It is an assumption on the part of the
House that its predecessor in 1873 was
not competent to discharge this duty, and
hence there has been q failure to elect,
and q consequent vacancy in the Senate,
or it is intended as Legislative declare
ton that the action of the moot General
Assembly which met in Odd Fellows Hall
and designated Dr.. McMillen for the posi-
ton was valid. Either horn of the
dilemma exhibits such inconsistency as
detracts from the dignity of the State and
shows q lamentable disposition to vacilla-
ton.
However tenaciously the Democrats
may cling to the notion that it is the sue.
cessor Of McMillen who is to be chosen, the
Republican members Of the House and
Senate can not possibly entertain it. All
the acts of the body known IS the Nc
Emery Legislature, are regarded as bogus
by the Republicans. and there has been
no attempt by the Democrats to enforce
any of them, with the sole exception Of
the pretended election Of McMillen. In
this matter, too, the person most directly
interested, clesr-hsaded, sagacious man,
has decided, after three years trial,
without at any time having had ghost of
hope of success, to abandon the con-
test as useless, and politely give back
the empty honor to those who offered it.
Plainly, therefore. it is not in order to
appoint 0 successor to Dr.. McMillen,
since he has never occupied any official
relation within the jurisdiction Of the
General Assembly to fill The move.
ment then, is to reverse the action of
the two Legislatures which voted for
Pinchback. We say two, because at the
session last winter the matter was
brought up for confirmation. We
think the proceedings were entirely
irregular, as the General Assembly
had discharged its duties and exhausted
its powers under the Law. In law and
fact the House, as it is now organized, is
the identical body which voted for Pinch
back second time Some Of the constit-
uent elements have been changed, but the
House is identical, and is bound by its
own act not to disturb its own settled
decision. There has been even less change
in the Senate. Neither body, therefore,
has any power. if the inclination were
present, to interfere in the subject matter.
So long as Senator Pinchback is prose-
cutting his claims to the Senate, and
he is officially recognized as contestant
BY the Senate, there is no such vacancy
as that contemplated by the sixteenth Sec
ton of the Revised Statutes Of the United
States:
Sec is Whenever on the meeting of tho
Legislature Of any State . vacancy exits
in the repr eeentstion Of euch State in the
Senate, the Legislature shall proceed, on
the secoud Tue. day after meeting and or
gsniz ation, to elect pers0h to Il suc1 Va
oancy, in the manner prescribed in the pre-
for . full term.
No such vacancy has been reported to
tho Legislature by the President Of the
United States Senate or other officer, or
by the Governor of the State. No such
vacancy exists, and no resignation of the
Office of Senator has been sent in by either
General West or Mr.. Pinchback, or even
DR.. McMillen. Assuming that it is within
the power of the General Assembly, ez
propria motu. to take notice Of vacancy,
it would require the concurrence of both
houses to establish the fact. The duty Of
election is q merely ministerial function
which has been imposed upon the Gen.
eral Assembly by law. Where the case il
plain, as when one Of the Senators dies,
resigns, or is expelled from the Senate, OF
when his term is out, either Of which it il
easy to prove, aud no successor has beer
since chosen By the Legislature, the mem
beers of the two houses have no discretion.
The law then convenes them in joint con
vention, and directs the mode Of proceed
ure. It is q question Of fact, whether
there be vacancy at all In the present
case the Senate and more than one-third
of the House raise the point that there
is no vacancy at all. Senator Pinchback't
credentials have been duly presented tc
the Senate and referred to the appropriate
committee. The Senate, which is thu
sole tribunal in such cases, has taken
jurisdiction, and it is not competent fo1
the Louisiana Legislature to inquire init
the matter in any manner. The Governor
has once certified that Pinchback hal
been elected. That claimant is now al
the door of the Senate demanding admis
sion. With what grace can Governor
Kellogg be expected to send another Ger
tificate that MI. Eustis or somebody else
has been chosen also? Are We to Get up I
claim for three representatives in The Sen