New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-06-02
WASHINGTON POLITICAL LOGIC.

never has an original idea that can be
construed into good common sense by its
most partial friends. 1t, like the New
York Tribune, Chicago Tribune, the Spring
field Republican, and several pretended
Senators in Congress, has been for some
time in the habit of blowing hot and cold
by fits and starts upon all matters con-
nected with Southern politics. The Re
publican OF Tuesday takes characteristic
view of the question soon to come before
the Senate upon the admission of the Sen
ator for the long term from this State, as
follows:
THE LOUISIANA sENAToRsHIP.
While the subject of Senator Morton's
views on the Southern policy is before the
people, we may as well say that there is
one question. growing out of its operation
concerning which we entirely concur with
him in opinion, although we abhor the
consequences which must follow its adop-
ton by the body whose duty it is to
decide it. It is that of the Louisiana
Senatorship. But while we agree with
him in opinion as to the conclusiveness of
the legal points involved in favor of KEEL
logg, we could heartily wish that the lat
ter would demonstrate his manhood by
Withdrawing from a representation in
which he is and will be loathed as an I'M
clean thing, not only by the body of peo-
pie he will claim as his constituency, but
by many others on the floor of the Sem
ate. If Packard was elect
ed-and we contend that he was, and
that his election was legally declared
then the Senate is concluded by his GER
tificate as to the prima facie case, and if
it appears that kellogg was elected by
legal Legislature, it is concluded upon
the whole case, and Kellogg will not only
be allowed to take his seat, but will re-
tain it. Nor does it make any difference
that Packard has now ceased to be Gov
ernor; that he is not Governor now will
not invalidate any act done while he ex-
ercised the functions of the Office; nor
does the fact that Nichols is now Gov
ernor impress his title upon any hour of
time which elapsed before he actually be-
came such by force of circumstances.
There is no power in the executive de-
partments of government to enter orders
or DEGREES nInc pro tune, as is sometimes
done in the courts, thus giving them re-
lation back to anterior dates. Packard
was Governor until he was superseded by
Nichells, with the assent Of the people
the source of all power in such cases; and
until by such general recognition Nichols
became de dctO Governor, all the official
acts of Packard were Just as valid and
sufficient as those of Nichols are now.
Hence the only question in the Kellogg
case now open for decision is that of the
legality of the Legislature electing him,
and as to this the Senate holds itself to be
sole judge In our Judgment Kellogg
was as much entitled to his seat last
March as any Senator them admitted from
the doubtful States, and if the Legisla-
ture electing him was legal, as we believe
it was, he is now entitled to seat for the
term, if he desires to hold so unenviable q
position as will be his if he elects to occu-
Ply it.
In conclusion we can not refrain from
expressing the opinion that the precedent
established by the Senate by which it I'M
dertakes to decide the question of the le-
| gality Of the Legislature in such cases, is
q clear invasion of the rights of the States.
1t seems to us that the State itself ia en-.
titled to determine this question, and that
when its legislative and executive
branches, or if its Judgment be invoked,
with the concurrence of the judicial
branch, it is settled, the Federal power ID
bound by and may not question its sufh.
cheney. And if this be the correct view,
then 30 often as the Senate of the United
States withholds the seat from one
holding the certificate of the Gov
erner of his State, in the absence o.
protest or remonstrance on the part Of The
Legislature or majority Of its members
the State is denied its inst rights and it
sovereignty is ignored.
That is, notwithstanding the ADMITTED
facts that Mr.. kellogg was properl,
elected by legal Legislatures, and hi
credentials wers signed by Legal Gov
ernOr, he ought to have the ananliness
to refuse the great trust offsEed to hin
merely because certain persons who hav
no sort Of voice in the matter choose 3
think he is not acceptable 10 them. Wen
Kellogg to quail before such an .impudan
demand and give way to make place "a
Democratic Senator, We should not cd
his conduct manly in any sense. It woul
be the acme Of pusillanimity and trsacl
cry, almost as bad as s0ms of the bargain
which were cooked up in Washington la
winter, where two States were given avs
too keep the hlibustens quiet. .
We have lost our legal GoverAOr, Pael
ard; our legal Legislature he's been di
/ peEssd and its members, such Is were q,
scattered or ousted, have been absorbc
as . respectable minority into anothl
body. But their lawful acts before the
dispersal still remain lawful. s..a &c
these was he election Of Republic.
Senator for the long TORN. We hope 4
vsak-knesds shiliy-dhallying Republics
q the North wilkleage ua this small b
! Of our Tlstox lat fhl. md not ~