The New York herald., 1877-02-14

committee, or this commission supposed to pass
upon thesc questions conformity 10 well settled and
regularly established law. and not at AL conformity
TO any vague suggestion OF matter which IN before
the record which Is among the things committed TO
you by the Vice President, and which already,
II understand the decision Of the commission,
are 3arred by thc decision made IN the Flord case
Now, am here IN the discharge OF duty that has
been cast upon me- TO do two things TO object 10 tue
papers known as mo. 2"--ihe McEnery certificate.
That may be done, as understand u. in Two ways
Ftrst-By showing that the certificate tseli Is not
good.
second--By showing tha. McEncry himself is not
That attacking process, TO the certificate and TO
the title of the man who gives II. Again, the attack
may be made just well by supporting. by the law
and the evidence the existence aud legal effect VI the
other counter certincate purporting TO be gwen by
william r. kellogg aud the sl,!ls es,ab,snmen, a.
this committee aud OF the world. that William +.
Kellogg is, and the time when that cerlincale
givon, The only legal and recognized Governor IN
the State OF Louisiana Fortunately there Is abund
vi proof upon that question. There Is Cover
that has held office In the United states that
abundany bostercd up by proof ol his existence as
Governor by tho fact OF the election, by the TACT OF
the declaration OF that election by the only legal
turning officers OF the State by the act OF the counting
OF the votes, by the only legal Legislature OF
the State by the fact o the entrance Office under
that count by the that when pursuance the
system which prevailed IN that most wretched State,
the course Ot law, sovereign ana supreme II ought
I" be n every republican government, was violently
ovcrthr0wn--when in 1874 rebellion by arms was
augurated civil brought he OF the capt.
tai city and armed forces organzedthc avowed object
stitute another one, oi which this man McEnery
the hgurchead What then Then the intervention
Of the Cnod States IS asked under the consituti
The United States Is asked to lend It's strong
sustain the right That power OF determining which
right. which was the government to be sustained
there, 10 the case OF these two conflict
ing governments, was, by tho act OF l7s5,
delegated by Congress to the President
OF these United States aud that delegation gives until
It's decision is overthrown by both branches OF Con-
gress absolute value to the recognition the part Of
the government in determining which was the rehsiul
tl.o Ca aft tt,a
United States recognized II. The President
OF the United States did more He used
rebellion and placed BY iorce OF arms, by cong
Kellogg back ia the seat from which he had been
thrown.
Now, Is this not the language Of tho record al.
lude to these without giving the dates. wh,ch Will do
hereafter Tor the consideration of tho tribunal IL does
not end here
ACTION OF THE SENATE.
Tho question comes up AS u the propricty Of the
Presidents action IN tho senate OF tho United States
adopting eventually resolution offered by Mr.. An
thony IN terms as follows and quote from the Senate
journal, 1874 ana 1875. page 475.
Io%ans Ssoss
ecuve ana the people OF that state against domestic vio
lenco and enforcing the laws of the United States In that
state Is approved
There is the sensational recognition Of u rule made
by the President OF the United States under power
delegated to MIN In the OF 1895, tho approval
of his action and the committal OF branch, at all
events. ot Congress to the Validity OF kaoggs tenure
Of olfce. And IN reading through the record dnd
still more pointed action oi the Senate because the
neeativing OF proposition sometimes which antag-
onstic to tho main proposition adds peculiar vgor aud
force to the proposition itselL lind that, that
luton being pending, Senator thurman offered nm
amen nent which appears on page I73 that
in that resolution should idcred
Kellogg as do jure Governor OF LOUISIANA, and that
resolution was rejected by vote OF the Senate.
Well the House has taken some action this
matter The committee OF the House known the
Louisiana Committee, which has been referred TO by
ton On the Journal Of the House Of REPRESENTATIVE.
page 603 OF the session Of ls745 this resolution up
peurs:-
Resolved, That william Pi.t kellogg be .ssognned rec as
of Office liked by the constitution OF that State
That resolution was adopted by vote Of 165 to so.
This same committee, oi which Mr.. Wheeler and Mr.
Hoar wer0 members, were anxious, as all true men
ought to be- TO put end 10 the bad state Of things
which coniessedy prevailed then In Louisiana, IL
that end they undertook, ut The request Of these
parties John McEnery, this contesting Governor
being 0ne), to make an award which was to be
carried out by certain changes by res2natons on the
side aud putting into ohce on tho other in the
Legislature OF that State. That award was made BY
the and IN pursuance OF that award the urc
Of LOUISIANA passed resolution by which they agreed
that the tenure OF Office of William Pitt Kellogg during
the timc Tor which he had been elected and unt. his
successor should DO appointed should not IN any way
be nterered with by that Legislature Of the Stale
Louisiana IN consideration OF tins award.
THE ELECTION 1872.
Now, will come back. first 10 the question OF hi,
election In 1872 the contest between John Nc
Emery aud william Pitt Kellogg for Governor. Gov
crnor Warm0th, VINO undertook 10 manipulate NOR,
things than he could carry, endeavored compicat'
the matter by breaking up the legal Board Of
officers, which under the Of 1870, ana
create q board Of creatures OF his own So that II
iact at that election OF 1872 there conlcn,
boards OF returning officers OF election, one o
them known the Lynch Board aud tho 0the
as tho former Board Now, tho court OF the State o.
Louisiana has settled that question. The Supreme
Court, In the tweEty NTH annual reports, IN the
"The state ex REL Attorney General against Whar
ton and Others" rendered this decision on page l4
1t is therefore ordered ard adndsed that the Board
Returning Ohcers composed &c &C. was the legal Return
ing Board of the officers OF election in Louisiana.
And that was the Board by whose certificate OF cleo
ton Kellogg derived his title Now. II DO true tina
Louisiana Oh the 9th OF December, 1876 It Is mani
festy true that John McEncry WAS not, and whatevc
virtue ,h cr or ,s, va,"o NAV 'nS way ev,aenG
cato OF Governor must DO gwen to th
Governor who, by election. recognition and all othe
steps known 10 the law was NJ the time actcal Gov
ernor, and not to mere prctender, who retired iron
that contest by his own will 1874, and has II
any way undertaken TO assert any posi- ib
control over the olco o Governor OF that state iron
that day to this.
THE M'xxERY CERTIFICATE.
Again call tho attention Oi the commission to tn
peculiar wording Of the certificate gwen by McEncry
He was careful as far aS he could not TO commit him
sell 10 statement OF essential Tact as appearing b!
evidence. TEs Is certificate that
The following is u true and correct list Of the names
electorsot President aud Vice President OF the nte
thereof being the electors duly and legally appoed by AM
for the state Louisiana having each received majority
the east for electors in the election Of the
held ~ aes:ra%nes with law th certsae be
executive AuthOrite
of the State OF Louisiana
There Is record there Of any source known to III,
law from which hc derives this recognition There II
no reference 10 any roturns nLe IN his ollice be
cause he had no Office. He had no returns He had
Secretary OF state. Ho had 40 IN all islani
who would como forward and verify tho soai OF tn,
State aud tho signature OF the Governor by signing
''Bv the Governor. 20 AMI SO. Secretary OF state"
Now this brings mo to consider, What are the cvi
denccs that ordinarily III the regular course OF law II
all cases OF elections come up Dciorc canvassng O
determining tribunaly Docs any one contend for
moment that this commission either has the power
tho authority or the eaus or mc TO purge the cleo
Louisiana; to pass TN ough the whole system
II was displayed therc on the 7tb day Of No
vcmber; TO examine INTO every roll, L
read that mass OF baderdash under the namc evi
dence that sent up here and halt OF which IL yet
printed Is It not true that this commission Is exer
cisng to certain extent political, not judicial
power, and that You are exercising II as all potIca
DOdies determining bodies, pass upon elections, moi
upon the very acts that may have taken place ava,
down 10 the renotest poll IN tue different parsnes but
upon the regular returns OF the officers consti
tutcd tor that purpose and sent forward To iti
In other words, draw very clearly IN my m nj
thc the "A