The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-12-06
Il Ugly EIsotlon NUS IN louisiana.


date for Representative. Also J. b.
Acklen Democrat. The canYassing
board, consisting Of the Governor, Score.
tary of State and Attorney-General, on
the ground of informalities, it is said, has
thrown out the votes of Assumption and
ST. Mary parishes, which gave Kellogg
about 5000 majority, but it leaves
him majority of 1000. On the re.
presentation of Acklen that Kellogg is
neither a citizen of Louisiana, nor a
resident of the District, the board has
declined to issue certificate of election
to Kellogg; but has permitted him to
answer the allegations of Acklen. Kel-
logg has done 50 by stating in sub
stance:
That he came to the State in the Spring
of 1865 that he was the sixth man regis
tered under military reconstruction in 1866,
in the parish of Orleans; that he has con-
SANITY registered and voted in the State;
bought and sold property, sued and been
sued in the State courts as citizen Of the
State; has been, during his residence, foui
years Governor Of the State and ten years
United States Senator, and is still S.nator /;
has been recognized repeatedly as G vernon
and Senator BY both National AMI STATE
Governments has large planting interests
in Iberia parish, in the Third District.
When he ceased to be Governor, his house
hold goods were removed from New Orleans,
then the State capital, TO the parish of
Iberia, in hiss i,trict, where he has since re-
sided and now resides, and he is now a reg
istered voter.
To begin with, it is notorious that
KeIIogg's declaration that he is an in
habitant of Louisiana is true. As to
his residence in the District, it is i'm
material to the question of his eligibility
for the reason that neither the Consti-
tuition of the United States nor the Con-
stitution and laws of Louisiana require
that he should reside in the District.
True, when he came into the State he
was of the class who were called
"mournful facts" by Horace Greeley !;
but he came to stay and has staid sew
enteen years, and though his presence
has not been agreeable to a majority of
the best citizens of the State, and his
public career has been exceedingly dis
tasteful, the truth remains that he has &C
quired all the rights of citizenship in
Guiding the right to vote and be voted
for and to hold office if the qualified
suffragans of the State see proper. to
confer it upon him.
The pretension of Acklen, who is am
bilious to represent the District notwith-
standing his defeat at the polls, is too
preposterous to awaken serious consider
alton. When Kellogg's claim to seat
in the U. S. Senate was disputed years
ago, it was never done on the ground
that he was a nonresident of Louisiana,
but that he was elected by bogus Leg
islature which never had legal exist
ence. We thought at the time, and
still think, that the ground of objection
was sufficient; but when the Democrats
obtained control of the Senate, enough
of them voted with the Republicans to
prevent his expulsion.
The present case, however, is wholly
dissimilar from that. His legal cleo
ton is admitted, but his citizenship of
the State, after a residence of seven
teen years, is denied! Upon the same
ground, the Governor of Mississippi
might have withheld from Judge JEFF
fords, the member elect from the Sd Dis
triet, his commission. Judge Jefords
came into the State about the time Kel-
logg located in Louisiana, but it never
into the mind of Mr. Waddell,
his Democratic opponent, to contest his
election on the ground Of onresidence.
Such suggestion would have been
laughed to scorn.
Carried to Congress, if the Acklen
side should find a champion, the ques-
ton could have the effect only to pro-
luce precisely the agitation on which |
The discomftted Republicans res It their
hope for a re-actionary movement
which would give them a Presidential
victory in 1884.
The N. o. Picayure enters its earn
st protests against the proceeding.
After showing that it is not the province
If the Governor to go behind the returns
md judge of the qualifications of the
person elected, but his duty to give
lin his commission, that paper says:
The Governor seems to be in error in regard
o the nature of his duty in the premises, and
lso as the qualifications of Congressional
sepres antative provided by tho Federal con-
titut:on. The Governors duty is merely min
sterial 1t is not intended by the law of the
tate or the United States that he should go
ehind the prima facie showing of the returns.
lrticle l, section 5, of the constitution of the
Tnited States declares: Each house shall
e the judge of election returns and qualifca
ons of its own members" The certificates
,rwarded by the commissioners of elections,
lerefore, must be decisive so far as the duty
the Governor is concerned, and there is no
athority anywhere outside of Congress to
,nsider the question of qualification.
InNreality, we suppose nobody seriously
oubts either that Mr.. Kellogg is a citizen of
lis State, or that he was duly elected by the
,ters of the Third District. We would have
,joiced to see Democrat Of the right stamp
losen in his stead; but we esteem it, above
1, important that elections shall be deter
ined by the ballots cast, and not by techni-
Il objections raised in behalf of minority
Indidate. Every attempt to defeat the will
the people by legal subtleties and fimsy ]
.etexts is blow at the popularity and 9
ain upon the honor Of the party which makes
Kellogg, in the seat to which he is en-
led, will be powerless to do the Democracy
u serious injury but parading before the |
untry as the victim of partizan injustice !,
would become q formidable factor in the