The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-23
THE QUESTION OF THE DAY.
THE LOUISIANA sENAT0wsHHps.

The senate Bound to Consider the Gree
dentiaIs Of the senators Elected by
the Government Recognized by the
President.
What are the Senate's prerogatives in de-
Gliding upon the admission of Spofferd and
| EuStis?
| Nothing is so common in this country as
| the overriding of clear constitutional princi-
pies by party to attain party ends! Nothing
| is 50 essential to the preservation of our con-
stitutial form of government as a constant
recurrence to the organic law from which the
Federal government obtains it's every power.
That each house shall judge Of the quali-
| cations of it's members as % general PROPOSE
| tion is certainty beyond dispute. But q most
serious question now arises in connection
with our a0aiting Senators, in which the
whole country is interested.
| That question is: Can O majority Of the
Senators in their seats rob the minority OF
States Of their representation in the Senate
| by any rules Of procedure they may see fit to
| adopt?
| The fifth section of article Of the consti-
tuition provides: each house shall be the
| Judge of the elections, returns and qualifica-
| tiOns of it's own members" The third Sec
| tion of the same article provides that sthe
Senate of the United States shall be composed
of two Senators from each State chosen by
the Legislature thereof for six years"
Section 4, Of act 5, provides that the United
States shall guarantee to every State In this
Union republican form Of government, and
shall protect each of them against invasion;
and on application of the Legislature or of
the Executive when the Legislature cannot
be conveneD against domestic violence"
tErIl
power to the executive, it has been and we
believe Is still universally admitted, that in
cases Of commotion the President not only
has plenary power to decide which State gov
ernment is the rightful government-but he
must make the decision. This question arose
and was exhaustiyely discussed by the ablest
men in the country at the time of the Dorr
rebellion in Rhode Island in 1912,
Mr.. Webster addressed one of his most for
chile arguments to the Supreme Court of the
United States in the case of Martin Luther
vs. Luther NJ. Borden, arising out Of the Dorr
rebellion. In that argument, ,(see vol. 5, p 257,
of his works. after quoting section OF ar
ticle of the constitution, he says: "These
constitutional and legal provisions make It
the Indispensable duty OF the President to
decide in cases OF commotion what Is the
rightful government of the State. He cannot
nUOid such decision"
Admitting as not open to doubt his egclusiue
right to make such decision, what, we ask
most seriously, does it amount to when made2
Must it be obeyed by every citizen Of the
United States no matter how high or how
low he be? Shall it command the obedience
Of the Senate, as well as OF the humblest cti-
zen?
We can conceive OF no argument that can
be produced to gainsay It'll What, then is the
to the decision Of President Hayes in the case
Of Louisiana? When the Nichols govern
ment is decided to be the lawful government
by the only, power on earth competent to
legal right has the Senate to be dis
Of Ke1logg's credentials, received from
a government having no existence? A
balder, bolder case of rebellion against the
lawful authority Of the Executive, the most
direct representative OF the 40,000,000 who
inhabit this country, has never occurred lin
or out of the Capitol! They might with
equal propriety, and less harm to the funda-
ctlssing the credentials OF q Senator from
China.
From the moment that the Nichols gov
ernment was recognized as the lawful gov
ernment Of this State the Senate lost all power
to consider the credentials of representative
of the rival, pretended government Of Pack
ard
This question is among the most important
that has ever arisen since the adoption of the
constitution, and / make these suggestions In
the hope that some of the constitutional law
yerS in the Senate may take hold OF it. 1t
sinks into utter insignifcance all the paltry
pleas and counter pleas now being made be-
fore the Committee on Privileges and Elec-
tions!
The Senate shall Judge of the qualifications
Of it's members, but in making up that judg-
ment it cannot blot out Of existence the repre-
sentation of State in this Union, no matter
how small! The Presidents decision or
recognition Of the lawful government In a
State is final, exclusive, and must be obeyed
They may regulate the matters Of detail and
correct errors in the manner Of the elections
of our Senators, but are utterly incompetent
to say what General Assembly had the right
to do the voting. This belonged Gin the COM
motion" to the President and he has made the
decision, and no power in the land can ques-
ton it, j. X.